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PZC Packet 051324AVON PLANNING & ZONING COMMISSION MEETING AGENDA /��'�, MONDAY, MAY 13, 2024 0m PUBLIC MEETING BEGINS AT 5:30 PM Avon IKAELA WAY® COUNCIL CHAMBERS CC LO R A D 0 PZC TRAINING: NO TRAINING THIS MONTH PUBLIC MEETING BEGINS AT 5:30 PM 1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON) 2. SWEARING IN OF NEW COMMISSION MEMBERS 3. APPROVAL OF AGENDA 4. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS 5. PUBLIC HEARINGS 5.1. SRU24001 WALKIN' THE DOG BUSINESS OPERATION- MAX MORGAN, PLANNER II 5.2. PUD24001 I MJR24002IAEC24001 NEW RESIDENCE 4644 NORTH POINT -MAX MORGAN, PLANNER II 5.3. PUD24002I MJR24003 I AEC24002 NEW RESIDENCE 2332 FOX LANE - MAX MORGAN, PLANNER II 6. CONSENT AGENDA 6.1. APRIL 22, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES 6.2. RECORD OF DECISION - TMP24003 DIVAS TRAILERS CONSTRUCTION STAGING - MAX MORGAN, PLANNER 11 6.3. RECORD OF DECISION - MNR23003 / AEC24003 EAGLE RIVER WATER & SANITATION DISTRICT FENCE IN WILDRIDGE- MAX MORGAN, PLANNER 11 6.4. RECORD OF DECISION - REZ24001 EAST AVON REZONING - JENA SKINNER, AICP, PLANNING MANAGER 7. FUTURE MEETINGS 7.1. MAY 27, 2024 -NO MEETING- MEMORIAL DAY 7.2. DUNE 10, 2024 (MONDAY-WITH PZC TRAINING) 8. STAFF UPDATES 8.1. JUNE 10 JOINT DDA I PZC MEETING -SUBAREA PLANS 8.2. EVSE COHORT 9. 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 & Zoning Commission FROM: Max Morgan, Planner II RE: PUBLIC HEARING: SRU24001 Special Review Use DATE: May 6, 2024 STAFF REPORT OVERVIEW: This staff report contains the review for a Special Review Use ("SRU") application, necessary for establishing permitted business operations for a dog kennel facility at 281 Metcalf Rd Unit #201. SRUs require review by the Planning and Zoning Commission ("PZC") for a decision. SUMMARY OF REQUEST: The purpose of this application is to establish permitted business operations for an existing business: Walkin'the Dog. Walkin'the Dog has been in operation since receiving a SRU permit in 2002 from the Town (Attachment A — Resolution No. 02-03) and again in 2003 (Attachment B — Resolution No. 03-13). The owner was approved for a third SRU in 2006, which allowed for increased capacity (50 dogs maximum), and a fenced "exercise" area (Attachment C — Resolution No. 06-14). Resolution No. 06-14 was approved with conditions, one of which stated that the approval was valid for one year time "...subject to Planning Commission re -review'. The permit was reviewed again in 2007 and 2009 by PZC. Any modifications to uses and operations permitted through an SRU require a new SRU from the property owner. The applicant is requesting approval from the Town to: • Operate a dog kennel with daycare hours 6am-8pm, seven (7) days per week), and • Host up to seventy (70) dogs per day, and • Board up to twenty (20) dogs per night, and • Access the facility's outdoor area between the areas of 8am-5pm, seven (7) days per week. ZONING: In the Zoned Industrial / Light Commercial zoning district, an animal kennel is permitted via Special Review Use, as found in Avon Municipal Code ("AMC") §7.24.010 — Table of allowable uses description. Additionally, there are specific use limitations for Commercial — Animal Sales and Service operations within §7.24.060(e), Special Review Uses. The applicable Review Criteria required for this application are detailed within this report, with findings provided for PZC evaluation. P - Permitted Use S = Special Review Use Districts in GREY are retired and not Use - Use available for rezoning. Specific Category Use Type Residential Nonresidential Regulations RD RL RM RHJ1?H-CJNCJ MCI TC ISCI P I PF I IC I OLD Residential Uses Animal sales and Kennel S 7.24.060(e)(3) services PROCESS: SRUs are approved by PZC and do not proceed further to Town Council unless the decision from PZC is appealed by the applicant. 970-748-4014 mmorgan@avon.org Page 1 of 7 STAFF PZC PZC ANALYSIS & " ° PUBLIC HEARING ? Record of Decision REPORT May 1 1` ", PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on May 13, 2024, and notices were mailed to all adjacent property owners within 300'. Public Comment received by the Town is included in this application as an attachment (Attachment D — Public Comment). SPECIAL REVIEW USES, REVIEW CRITERIA — ANIMAL FACILITIES Avon Municipal Code includes requirements for Special Review Uses including Animal Boarding, Animal Hospitals, Kennels, and Veterinarian Clinics (AMC §7.24.060(e)). Each of these uses require that: 1. Their principal entrance and exit (is) on a collector street and, if serving large/farm animals (e.g., horses, sheep), shall be located on a site no less than five (5) acres. There shall be no ingress or egress to local streets. Staff Response: The site is part of the Metcalf Commercial Park, which is accessed from Metcalf Road, a collector street. 2. Animal Outdoor Activity Areas. Any outdoor activity areas, such as kennels, runs or exercise areas, shall be subject to the following. The facilities shall: Only be used between the hours of 7:00 a.m. to 7:00 p.m., Staff Response: The proposed hours for outdoor access are within the required timeframe: 8am — 5pm. ii. Be supervised by qualified personnel; Staff Response: The applicant has indicated that dogs will receive 24-hour supervision, the overnight staffing will be in shifts, and no one will be living at the site. The code does not identify who constitutes as a "qualified person" for this requirement, and staff is not aware of a local, state, or federal requirement for pet -sitting or related services. iii. Be located at least three hundred (300) feet from any residential zone; Staff Response: There are no residential zone districts within 300 feet of the property. iv. Not cause loud and incessant noise or fouling of the air by odor thereby creating annoyance or discomfort to the neighbors or others in close proximity; Staff Response: It is likely that dogs on the property will emit noise and create odors with feces and other natural byproducts. Staff cannot reasonably assess whether noises and odors are perceptible by neighbors or others. The 2006 SRU application included the condition that feces are SRU24001- Walkin' the Dog Special Review Use Application May 13, 2024 Page 2 of 7 "to be removed within 24 hours" and this condition is replicated in the recommended motion for approval. V. Not foster an excessive number of flies or other insects; and Staff Response: Excessive flies and insects are likely caused by inadequate storage and handling of animal waste and other related materials. Staff are not aware of any previous complaints or issues at the site related to this requirement however, the applicant has not addressed the impacts of increased dog capacity relative to animal waste. vi. Not otherwise cause any unsanitary conditions in the enclosures or the surroundings where the animals are kept. Staff Response: This requirement is an on -going requirement rather than one that can be assessed prior to approval. 3. Kennel All facilities, including pens, kennels, cages and exercise runs, in the RL and RD districts shall be maintained within a completely enclosed, soundproof building so that, to the maximum extent feasible, noise and odor can not be detected off -premises. Staff Response: Not applicable in the IC zoning district. In the IC district, kennels may have outdoor facilities, including runs and exercise areas, but such facilities must not be located within one thousand (1,000) feet of any residential district. Staff Response: The proposed outdoor facilities are located within 1000 feet of the approved but currently -under -construction Hidden Valley residential development on the east side of Metcalf Road. Hidden Valley is not zoned as a residential district but is instead, a Community Housing project in a Light Industrial / Commercial district. SPECIAL REVIEW USE, REVIEW CRITERIA - GENERAL PZC must consider a set of general review criteria when reviewing SRU applications. The review criteria for Special Review Uses are governed by Avon Municipal Code ("AMC") §7.16.100, Special Review Uses. Staff responses to each review criterion are provided below. (e) Review Criteria. The PZC shall use the following review criteria as the basis for a decision on an application for a special review use: (1) The proposed use is consistent with the Comprehensive Plan and all applicable provisions of this Development Code and applicable state and federal regulations. Staff Response: The Planning Principles specific to the Gulch Area District identified in the Town's Comprehensive Plan (2017) ("Plan") appear unrelated to this application (Attachment E - Excerpt from Avon Comprehensive Plan — Gulch District Area Planning Principles). Additionally, pets and related services are not mentioned in the Plan. SRU24001- Walkin' the Dog Special Review Use Application May 13, 2024 Page 3 of 7 The Plan does state a goal specific to Land Use and commercial development: Goal 8.4: Encourage commercial development that enhances Avon's overall economic health, contributes to the community's image and character, and provides residents and visitors with increased choices and services. This business represents a service that residents can choose, and local businesses may contribute to Avon's economic health. (2) The proposed use is consistent with the purpose and intent of the zoning district in which it is located and any applicable use -specific standards in the Development Code; Staff Response: The general purposes of the Commercial and Industrial Commercial District are as follows: (1) Help implement the Avon Comprehensive Plan by accommodating a full range of office, retail, commercial, service and mixed -uses needed by Avon's residents, businesses, visitors and workers; (2) Encourage site planning, land use planning and architectural design that create an interesting, pedestrian -friendly environment where appropriate; (3) Maintain and enhance the Town's economic base and provide shopping, entertainment and employment opportunities close to where people live and work; (4) Preserve, protect and promote employment -generating uses; (5) Create suitable environments for various types of commercial and industrial uses and protect them from the adverse effects of incompatible uses; (6) Allow flexibility to encourage redevelopment and positive improvements to existing businesses and residences; (7) Minimize potential negative impacts of heavy impact nonresidential development on adjacent residential areas; and (8 ) Provide suitable locations for public and semipublic uses needed to complement nonresidential development. The project helps support a range of uses identified in Purpose 1, and will likely create additional employment opportunities and support Purpose 4. Pet services are not as predominant compared to permissible businesses located in Light Industrial & Commercial districts (§7.24.040 — Table of Allowed Uses) however, the Municipal Code includes a process of approval via SRUs in this zoning. The permissible uses in Light Industrial & Commercial districts are: • Trade / Vocational Schools or College / University • Auction House or Auction Yard • Outdoor Commercial Recreation • (Horse) Riding Academies • Indoor Commercial Recreation and Entertainment SRU24001- Walkin' the Dog Special Review Use Application May 13, 2024 Page 4 of 7 • Convenience Store with Fuel • Wholesale Business • Automobile Repair Shop (Major & Minor) • Industrial Services including Supply Yards and Construction • Machine and Welding Shops • Light Manufacturing • Storage • Recycling Facilities (3) The proposed use is compatible with adjacent uses in terms of scale, site design and operating characteristics; Staff Response: The applicant has indicated that the morning and evening hours for animal pick-up / drop-off are compatible with other businesses located in the area. The building and its amenities are not proposed for modifications. (4) Any significant adverse impacts (including but not limited to hours of operation, traffic generation, lighting, noise, odor, dust and other external impacts) anticipated to result from the use will be mitigated or offset to the maximum extent practicable; Staff Response: The applicant has indicated that they can direct clients on how to park, drop- off, and pick-up at the site. No other mitigation efforts are proposed. (5) Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development; and Staff Response: All services are available for this property with little impact to existing systems. (6) Adequate assurances of continuing maintenance have been provided. Staff Response: The applicant did not provide details on continuing maintenance for the site. 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 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; SRU24001- Walkin' the Dog Special Review Use Application May 13, 2024 Page 5 of 7 (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 SRU application is complete. Staff believes sufficient information exists to allow the PZC to review the application and the applicable review criteria for this use. It is unlikely that the proposed business operations will create demand for services that are exceeding current capacity. OPTIONS: PZC has the following options: • Approve as outlined below; • Approve with modified findings and conditions; • Continue application to future meeting pending additional details or studies; or • Deny application after formulating justifiable findings. SRU24001 RECOMMENDED MOTION: "I move to approve the special review use permit for Walkin' the Dog to operate a kennel and overnight -boarding based on the findings and proposed conditions as recommended by Staff as outlined in the staff report." Findings: 1. The application for an animal -service related business, including kennel and boarding, qualifies as a viable use to be reviewed per to §7.16.100 Special Review Use of the Avon Development Code. 2. The proposed business complies with the provisions of (AMC §7.24.060(e)- Special Review Uses — Commercial — Animal Sales and Service) with the exception of the proposed hours and proximity to the anticipated residential development on the opposite side of Metcalf Road. 3. The proposed use is consistent with the Comprehensive Plan and all applicable provisions of this Development Code and applicable state and federal regulations as conditioned. 4. The proposed business operation represents some consistency with the purpose and intent of the zoning district in which it is located and any applicable use -specific standards in the Development Code. 5. The proposed use is compatible with adjacent uses in terms of scale, site design and operating characteristics. 6. There are no significant impacts to adjacent or on -site uses as conditioned, with the exception of increased dog waste, vehicle and pedestrian traffic to the site. 7. Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection and roads and transportation, as applicable) are available to serve the subject property and will not necessitate upgrades or cause additional demand beyond existing levels of service for this development; and 8. Adequate assurances of continuing maintenance are satisfactory. SRU24001— Walkin' the Dog Special Review Use Application May 13, 2024 Page 6 of 7 General Criteria Findings: 1. The development application 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. Recommended Conditions: 1. The permit is valid for twenty-four (24) months; at least thirty (30) days prior to the expiration, the holder of the special review use approval may apply for a review hearing before the PZC. 2. Hours for outside operations and access are limited to 8am — 5pm, seven (7) days per week 3. Dog waste is cleaned up and removed from the site within twenty-four (24) hours of its appearance; 4. The business adheres to a seventy (70) dog limit per day; and 5. No more than twenty (20) dogs are permitted per night for overnight or evening hours boarding services. Thank you, Max ATTACHMENT A: Resolution No. 02-03 — 2002 Resolution to Approve Walkin' the Dog SRU ATTACHMENT B: Resolution No. 03-13 — 2003 Resolution to Approve Walkin' the Dog SRU ATTACHMENT C: Resolution No. 06-14 — 2007 Resolution to Approve Walkin' the Dog SRU ATTACHMENT D: Public Comment Sent to Town ATTACHMENT E: Excerpt from Avon Comprehensive Plan — Gulch District Area Planning Principles ATTACHMENT F: Application Materials SRU24001- Walkin' the Dog Special Review Use Application May 13, 2024 Page 7 of 7 ATTACHMENT A - PZC Resolution 02-03 TOWN OF AVON A RESOLLTIION APPROVING A SPECbkl- REVIEW (JSE PERM IT TO OPERATE A DOG DAYCARE BUSINESS IN UNIT 201, AT LO-l' 18/19, B LOCK 1, BENCHMARK AT BEAVER CRE�'EK SIJBDIVISION, TOWN OF AVON, EAGI.A."CO'UNTY, COLORAI)O HEREAS, Marisa Cantrell, owner of Walk in' Dog, Inc., hasappl led for a special review use pertnit to establish a dog dayc�are, as describedlii the appkation dated April 24,2002, as, StipUlated in Title 17, of the Avon Municipal Code; and FIEREAS, a public hearing lias been held by the Manning & Zoning Conunission of the'rown of Avon, IlUrsuant to notices required by law, at 'xhich 11me the appIlc ant mid the pubfic were given an opportunity to express their opinions and present ceftain itil'orniation and reports regarding the proposed Special Review Lfse permit application,- and 1-fEREAS, the I'lanning & Zoning, Cminfission of theTown ofAvon pias considered the flollovmg: k Whether the proposed use ottierwise complies vvith all reqUil-ClIlelItS imposed by the zoning code; and B, Whether the proposed use is in conformance will'i the town coinprellensive plan; and C I - Whether flic proposed Use is compatible with adjacent uses. ATTACHMENT A - PZC Resolution 02-03 NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Conunission of' the Town of Avon, Colorado, herebyapproves a Speciall�eview Use t1or a (log daycare, -is, described iu the application dated April 24, 2001, as stipulated in Title 17, of'the Avon Municipal Code Im- Unit 201, Lot 18/1 Block 1, Benchmark atBeaver Creck Subdivision,jown eof Avon, Eagle County, Colorado, based upon the fiollowing findings: 1. That 1he proposed use otheiwise complies with all requirements imposed by the zoning code. 2. That the proposed use is in confiorn-iance with the Town Comprehensive Plan. 3. The proposed USC is Compatible with adjacentuses, Subject to the 661lowing conditions: Staff'will review the permit one year after issuance to determine corripliance with the application as presented. "? No (log waMng will be permitted outside ol"this LInit. 3, No inore than 25 clogs will be allowed in this fiacifity at one tinie. 4, Any expansion to other Limits In that bUildiffi.1 will FCCILiire a florm,,il application to zn aniend the Int-mit. 5. All lloor drains will connect, to sanitary seiver, 6, Except as othenvise modified by this permit approval, all material representahons made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions ol- approval. A D 01) TLY) THIS 7th DA Y OF j1,L4 Y, 2 002 Chairman ............... Date:.... Date: ATTACHMENT B - PZC Resolution 03-13 May 8, 2002 Marisa Cantrell P.O. Box 6532 Vail, CO 81658 RE: Lo'J'18/19, 131,012K 1, BMBC UNj'r201 METCALF CONIMEROAL PARK SPECIAL REVIEW USE APPROVAI, FOR Doc DAY CARE Dear Marissa: On May 7, 2002 the'Fown of Avon planning and Zoning Application Coninlission approved Resolution 02-03 for a Special Review Use Application with the following condition&: I , Staff will review the Permit one year after issuance to determine cola pliance with the application as presented, 1 No dog walking will be permitted OUtside of this ttnit- 3, No more than 25 dogs will be allowed in this facility at one tirne. 4. Any expansion to other units in the building will require a formal application to aniend the pernift, 5All floor drains will connect to sanitary sewer. 6. Except as otherwise modified by this permit approval, all material representations ri-tade by the applicant or applicant representat! ve(s) in this application and inpublic hearing(s) sliall be: ardhered to and considered biriding conditions, of approval. If we may be of further assistance, please do not hesitate to call ine at 970.7 . 002. Kin, (I a s, Tambi Katieb, AICP Comri,imlity Developnient 1'(.)sl 01fice Box 975 400 Bevchmark Signed copy of Resolution 02-03 AVOTI" Colorado 81620 970-74S-4000 970-949-W,39 Fea 970-845-7708 TTY' ATTACHMENT B - PZC Resolution 03-13 -100 Rem hmarl, Rooel Avon, C'(0iormb) 810.20 9/70- 7484000 970- 949- 9/39 FUA 9-0-845-7708 17Y RE: SPECIAL REVIEW IJ',sf,, WAMAL, — WALKIN' 'rim, Do(,. — Do(;(;y DzkYCARL, Lo'r 18/19, Bi,ocx 1, BE'NCIIAIARKvr' Bia,,xvER CIUM SUBDIVISION NJ ETCALFCOMNI ER(A AL PARK, UNvr 201 Dear Mrs. Cantrell: On May 20, 2003 the Town ofAvOnPlanning as id Zonfiig Commission approved Resolution No, 03-13, allowing the operation or a cloggydaycare busiriess cit the above- mentioncd address with the following conditions: 1, No dog walking will be peri-nitted outside of this unit. I No more thari 25 (logs will, he allowed In this Facility art orie tinic. 3, Any exparislori to offit."I" units in the budding will recIt-tire a 6ornial application to arriend this, permit. 4. All floor drains will cozinco to sanitary sevver, 5. A rown o F Avon B LlSi IICSS J,icense us req U1 I-CLI. 6, "nis perinit is renewed 1561, 3_y curs, and subject to review at that time. T Except as othmvise mod i h c�d by (Ins permit approvA, all ri,iaterial representations made by applicant or applicant represenlative(s) in this applic,atiori atid in putflic licaring(s) slnfll be adhered to aiul corisidered binding conditions ofapprO'.111. Ifyou liave any questions iegardit,ig this or any wher project or conununily clew elopi-writ issue, please call me at 748-4030, ear stop by the C"on-imunity Developrimit Departnicrit. Sincercly, :: --� �71 - �- I Matt Pielsticker Planniiig Techniciiai) AW Resolution 403-13 I "Ptanning & t ever ,w',2003'052UOYJ, 1 8-a 9 W BNIBU' V,'.flkm [he Dog, SRU 3vr doc ATTACHMENT B - PZC Resolution 03-13 15 NIC"I A RESOLUTION RENEWING A SPECIAL REVIEW USE PERMIT TO CONTINUE TILE OPERATION OF A DOGGY DAYCARE BUSINESS IN I-TNIT 201, AT L0'1'I 8/19, BLOCK 1, BENCHMARK ATBE'AVER CREEK SUBDIVISION, TO�WN OF AVON, EAGLE C01JNTY, COLORADO WTIER EAS, Marisa Cantrell, cry rier of Walkin'the Dog, Inc., has applied for a Special Review Use pennil to establish a dog dayeare, as described in the application dated April 24,2002,gas stipulated in Title 17 of the Avon Municipal Code; and WHEREAS,, a public Imiring was field by the Plarming & Zoning Commission of the Town of Avori, pursuant to notices required by law, at which time the applicant and the public were given an oppommity to express their opinions, and present certain infbi-niation and reports regarding the proposed Special Review Use permit application; and TIE REAS the Sl,,)ecial Review Use was approved through Resolution 02-03 for a period of one year pcnding revicAN, and renewal by the I'lanning & Zoriing Commission of the Town of Avon; and ITEREAS, the Planning & Zoning Coinn"iissioji of the Town of Avon has considored the following: ATTACHMENT B - PZC Resolution 03-13 a A. Whether the proposed use otherwise complies with all requirements imposed by the zoning code; and B. Whether the proposed use is in confonmance with the tomm comprehensive plan; and C. Whether the proposed use is compatible with adjacent uses. NOW, 'Ill:EREFORIH, BE a RESOLVED, that the Plaming, & Zoning Cornmission of the Town ofAve n, Colorado hereby approves a reneNved Special Review Use for a dog day Care as described in the application originally dated April 24, 2002 as stipulated in Title 17.08.360 of the Mon Municipal Code for Unit 201, Lot 18�/19, Block 1, Benchmail at carver Creek Subdivision, T'own of Avon, Eagle County, Colorado based upon the following findings: 1. That tl,iel)roposedrase (i�tlierNwlisecart ii,lilies vN�itli all requirements, imposed bythe Zoning Code. 1 That the proposeduse is ID C0111brinance with (heTown Comprehensive Plan, 1 The proposed use is compatible with adjacent uses. Subject to the following conditions: I No dog walking will be pen-nined outside of this unit. 2. No more tfiara 25 dogs will be allowed in this facility at orie time. 3. Any expansion to other urifts in the building will require a formal application to amend this perTnit. 4, All floor drains will connect to sanitary sewer, 5, A Town of Avon Business License is required. 6. This permit is 1-enewed for 3 years, and SUbject to review at that time. T Except as otherwise modified by this permit approval, all niaterial representations made by the applicant or applicant representative(s) in this application and in Public hearing(s) shall be adhered to and considered binding conditions, of approval. ADOPTED THLY 20th DA YOF Alqv, 2003 J C) ATTACHMENT C - PZC Resolution 06-14 TOWN OF AVON A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT FOR FENCED OUTDOOR DOG EXERCISE YARD, AND INCR.E'ASE IN DOG LIMIT FOR UP TO 50 DOGS AT DAYCARE SERVICE IN UNIT 201, LOT 18/19 AND LOTS 20/21, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLOII. ADO WHEREAS, MArissa I-ahnian has applied fora special review use perniit for dog daycare, outdoor fenced exercise area, and increase 41 clog fin-fiL fc.,m- up to 50 dogs, at any one time, as' described in the application dated, July 31, 2006, as stipulated in Title 17, of the Avon iv unicipall Code; Cole] WtIEREAS, public heirings were held, by the Planning & Zoning Commission of the Town of Avon on September `nth & October 3rd, 2006, ptn'SU,111t to antic es required by law,at which time the applicant and the pubfic were gk�en am opportunity to express their opinions and present certain information and reports regtrcling (lie proposed Special Review Ilse permit application; cu,ul WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered the following: A. Whether the proposed use otherwise coniplies with all reClUirements imposed by the zoning code;and 13Whether the proposed use is in conformance with the town comprehensive plan,- C. Whether the proposed use is conrp<rtible with adJacent itses; and D. That the granting of the special review use requested provides evidence of substantial compliance with the following public PIP-POSe Pl-OViSiOnS: ATTACHMENT C - PZC Resolution 06-14 'Tile application demonstrates a public purpose which the current zoning entitlements cannot achieve. 2, Approval of the zoning appi ication provides, long term eWn011liC, CU10.11-111 (-.)r social community beii that are equal to or greater (hall potential adverse impacts as as result (�4` the changed zoning rights, 3Tile flexibility afforded in approval of (fie zoning application will result ill better siting of the developi-nent, preserving valued environmental and cultural WSOLIrCeS, alld increasing the amount of public benefit CollSiSLent with the conininnity master plan documenlis. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Conunission ofthe Town of Avon, Cotorado, hereby approves a Special Review Use permit for increased dog capacity to 50 dogs and fenced outdoor exercise area, as described in the application originally dated July 31, 20,06, as stipulated in 'Title 17, of the Avon Municipal Code for Unit, 201, Lot 18/19, and Lots 20 & 21, Block 1, Benchmark at Beaver Creek. SUbdiv ision, Town of Avon, Eagle County, Colorado, based upon the following findings: 1. The proposed use Otllel-WiSC COrrlphes with all other requirements imposed by the Zoning Code; and 1 'Tile proposed use is co mpat i hie with e x is G ng, pla n ned and approved adJace nit Uses. 3< The PrOPOSed Use is in Conformance with the Town of Avon C L'ornprehensive t1an. 4, 'The special review use requested provides evidence of substantial compliance with the public purpose provisions in: the Zoning Code. Approved with tliefillowbig conelifiotts: 1, Approved for one (I ) year time subject to Manning Commission re -review, 2. 50 dogs maximunn, and Town must be notified within 5 days of going over limit. 3. Documiritation rullst be, provideLl to the'Town for sanitation chemicals Used, 4. Engineered drawings must be subinitted to staff for new access and parking area oil Lots 20 and 21 The Driveway must be graded (not paved) adequately for access. 6, Feces to be renv.-,rved within 24 hours, ATTACHMENT C - PZC Resolution 06-14 Adopted this 3rd day of October, 2006 Date: C) ( 20 chail- Attest: Date - Secretary 1"Aplanning & Zonmg 0044 lValkin Doq bqwnsion W.J.dor ATTACHMENT D - Public Comment From: Paul Jardis To: Max Morgan Cc: "Michael Walter"; "Mike Brumbaugh"; "Adam Bristow" Subject: Application - Special Review Use - Case Number SRU24001 - Marisa Lahman Date: Thursday, April 18, 2024 9:21:37 AM Dear Max, My name is Paul Jardis, and I am President of Metcalf Commercial Park Owners Association Executive Board. I relation to the above captioned application, the association is concerned about: 1. Increased traffic and demand for parking in a property that is congested and already has Limited parking. 2. Increased noise that 70 dogs would create to exacerbate an already unpleasant situation. 3. Increased sanitation challenges and increased odors. The Executive Board of the association is requesting that consideration of this application be continued to a later date. As it happens, each of the three Board members and the property manager are all leavingtoday for spring travel and will not be able to attend the April 22, 2024 Panning & Zoning Commission hearing. If consideration of the application can not be delayed, then the Executive Board of the association would recommend denial of the application. Thank you for your consideration. Sincerely, Paul Jardis ATTACHMENT D - Public Comment Max Morgan From: Sean Reynolds <sean.reynoldscorp@gmail.com> Sent: Friday, April 19, 2024 8:18 PM To: Max Morgan Subject: Public comment for special review use SRU24001 Max, As I will not be able to attend the meeting for this case I wanted to send a quick email in support of this application. I am a homeowner in wildridge, the office I rent is at the property to the north, and I am doing a housing development across and up the street. The business owners have been wonderful members of the Avon community for years. Their business fills a crucial need for the residents of our area. Expanding the size and capabilities of the business should benefit both the community as well as help the business to succeed. Please share my comments as needed and voice my support of this application. 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ATTACHMENT F -APPLICATION MATERIALS (Narrative, Kennel Comparison, Site Plan, Photos, Admin Docs, etc.) Walkin' the Dog SRU application- Project Narrative • Dog daycare facility to host up to 70 dogs (increase from previous 50 dog capacity, approved in 2006 when we also added the playyard) • Playyard area adjacent to and connected to south side of unit 201 leased from 111 Metcalf Road LLC / Steve MacDonald. Approximately one and a half acres fenced yard. • 24hour onsite boarding service for up to 20 dogs (of the 70 dog capacity) *this would be a new service at this location. Daycare hours 6am to 8pm / 7 days a week Playyard hours 8 am to 5 pm *on adjacent land leased for exercising dogs All services are completely supervised. Dogs never left unattended. All premises kept clean and maintained at the moment of use. Walkin' The dog, which has been in business as a hiking and boarding service since 1997 and a daycare facility in Avon since 2002 is applying for a permit to operate a dog daycare at 281 Metcalf Rd. Metcalf Commercial Park. Merrill and Marisa Lahman are the owners of unit 201 at Metcalf Commercial Park. The services we would like to continue to offer are indoor daycare, outdoor play yard (on the land adjacent to our unit 201 leased from Steve MacDonald since 2006) and overnight care/ boarding within the facility/unit 201, *this would be a new service at this location. Daycare hours of operation would be between 6am and 8 PM. Overnight staffing would include an overnight shift so that no dogs are left unattended providing 24-hour care. The walking area right outside of unit 201 within the Metcalf Commercial Park boundary lines would be utilized for bathroom breaks for overnight clients in an as needed basis for after hours. Playgroups for the dogs at daycare would happen only during the hours of 8 AM and 5 PM. Our lease with Steve MacDonald owner of 111 Metcalf Rd. has language and an understanding that all dogs on that property, the play yard, are supervised at all times. Walkin' The Dog ethos is to always have the dogs supervised. We've had an excellent history and track record of the care we've provided for the Valley residents for 26 years. Due to demand, repeated request, and trends in dog ownership we would like to increase the capacity of dogs to 70 where it has been at 50 since 2006. Our history has proven we are frequently at capacity and turning away request for daycare. Along with the increased amount of "local" residents and second homeowners that are staying in the valley for longer periods of time, combined with the current trend of most household having one pet, if not two, we will be able to utilize the daycare for more clients on a day-to-day basis. Overnight care has always been done in our (Merrill and Marisa's) home and we would like to utilize the facility for our overnight clients. Historically, the pet care operations in the valley are booked during vacation seasons, holidays, and school breaks. With careful consideration, we would like to offer boarding up to 20 dogs per night. The 20 would be part of the 70 in daycare already - not in addition to. As previously stated, we would have supervised boarding, including a shift (not a residency) that would cover the overnight hours. This is Walkin' The Dog's standard to have complete supervision of the dogs to attend to any possible issues that may arise. We also want to point out that Metcalf Commercial Park currently has a myriad of businesses that offer evening hours. This will not be a new concept to Metcalf Commercial Park. Examples are: Black Tie Ski Rentals, Venture Sports, Buzzes Boards, Motion Auto Haus, High Five Media and other businesses that come and go at their own discretion at any time for their private units. We are in compliance with the state of Colorado and have been, successfully, for the past 22 years since acquiring a license to operate dog care facility in the state. We are asking that the TOA recognizes that we have had an established and well run business with no complaints or negative interruptions to any of our nearby residence and workers for many years. In addition, we have maintained a nice relationship with each business at the Metcalf Commercial Park throughout the years and feel that we will be able to continue that even with the additional services we are requesting. We respectfully ask the TOA to consider our track record for providing the best possible care for all the dogs we have been directly responsible for in the past decades to approve this request for our daycare and additional services. We believe it's what the Valley residents would want. Thank you, Marisa Lahman ATTACHMENT F -APPLICATION MATERIALS (Narrative, Kennel Comparison, Site Plan, Photos, Admin Docs, etc.) ATTACHMENT F -APPLICATION MATERIALS (Narrative, Kennel Comparison, Site Plan, Photos, Admin Docs, etc.) ATTACHMENT F -APPLICATION MATERIALS (Narrative, Kennel Comparison, Site Plan, Photos, Admin Docs, etc.) Avon Pet Center. 730 Nottingham Road, Avon 81620 Centennial commercial Park Second floor Approximately 22 boarding kennels/runs. Half of those Runs have access to outside runs (all individual) and are 3 x10, there is one small exercise yard that is accessed through the facility. They do not offer group play time. They are more of a traditional kennel boarding operation. The boarding kennel space within the Avon Pet Center's facility equals approximately 1200 square feet. ATTACHMENT F -APPLICATION MATERIALS (Narrative, Kennel Comparison, Site Plan, Photos, Admin Docs, etc.) ATTACHMENT F -APPLICATION MATERIALS (Narrative, Kennel Comparison, Site Plan, Photos, Admin Docs, etc.) ATTACHMENT F -APPLICATION MATERIALS (Narrative, Kennel Comparison, Site Plan, Photos, Admin Docs, etc.) ATTACHMENT F -APPLICATION MATERIALS (Narrative, Kennel Comparison, Site Plan, Photos, Admin Docs, etc.) ATTACHMENT F -APPLICATION MATERIALS (Narrative, Kennel Comparison, Site Plan, Photos, Admin Docs, etc.) ATTACHMENT F -APPLICATION MATERIALS (Narrative, Kennel Comparison, Site Plan, Photos, Admin Docs, etc.) Avon pet center uses c201 and c202 portions of their facilities to house the overnight dogs. Their exercise yard is approximately 500 sf. Vail Doggie Day Spa and Lodging. 41199 Highway 6 & 24 Avon/Eagle Vail 81620 Dowd Park business Backside lower level Second unit in from west. Vail doggy day spa and lodging offers overnight care and has approximately 10 spaces for overnight. The overnight spaces are built in and constructed of wood sleeping areas. Vail Doggie does offer a group daytime play but has no access to a play yard. The dogs are walked in the parking lot and have a small 6x8 exercise run. I am not informed of the square footage of this unit but I believe it's approximately 1600 ft.2. The kennel area uses less than 1/4 of the total square footage of facility. ATTACHMENT F -APPLICATION MATERIALS (Narrative, Kennel Comparison, Site Plan, Photos, Admin Docs, etc.) ATTACHMENT F -APPLICATION MATERIALS (Narrative, Kennel Comparison, Site Plan, Photos, Admin Docs, etc.) ATTACHMENT F -APPLICATION MATERIALS (Narrative, Kennel Comparison, Site Plan, Photos, Admin Docs, etc.) tjU1 1W%.04-41 III V 1%0 -.71 1"1 0 VVU1L1 1'%.01 %J 1 1U11 W LII Facility Floor n c. AH rights reserved. ATT m ATT etc.) ATTACHMENT F -APPLICATION etc.) 1 t) "; . ... ... .. .. . 4.. ..... . .. . . .... . . "Amu* Now J�j (Narrative, Kennel Corpjri lite Plan, Photos, Admin w CHMENTF -APPLICATION MATERIALS (Narrative, Kennel CompN«ms6 Plan, Photos, Admin ma,e ) .... r� , / .\� 4, Z. z `^... ... ~^ ©«.� ` r, 2^........` . \ � � < 3/14/24, 10:19 AM Account ATTACHMENT F -APPLICATION MATERIALS (Narrative, Kennel Comparison, Site Plan, Photos, Admin Docs, etc.) Account: R049551 Location Owner Information Situs Address 000281 METCALF RD #201 Owner Name LAHMAN, MARISA Tax Area SC001 - AVON (TOWN) - SC001 Owner Address PO BOX 6532 Parcel Number 2105-024-13-012 VAIL, CO 81658-6532 Legal Summary Subdivision: METCALF COMMERCIAL PARK Unit: 201 R711398 MAP 10-07-99 R711399 DEC 10-07-99 Transfers Sale Date 04/26/2004 06/ 12/2017 Images Photo Assessment History Actual (2023 - SB238-Commercial applied) $577,200 Assessed $161,040 Tax Area: SC001 Mill Levy: 56.1670 Type Actual Assessed Acres SQFT Units Improvements $577,200 $161,040 0.000 2296.000 0.000 Land 0.143 0.000 0.000 Sale Price Doc Description '284,700 WARRANTY DEED QUIT CLAIM DEED https://property.eaglecounty.uslassessor/taxweblaccount.jsp?accountNum=R049551 1 /1 ATTACHMENT F -APPLICATION MATERIALS (Narrative, Kennel Comparison, Site Plan, Photos, Admin Docs, etc.) Property Record Card Eagle 111 METCALF ROAD LLC Account: R002286 Parcel: 2105-024-01-005 PO BOX 2181 Tax Area: SC001 - AVON (TOWN) - Situs Address: EDWARDS, CO 81632-2181 SC001 000 111 METCALF RD Acres: 2.040 AVON AREA, 0 Value Summary Legal Description Subdivision: BENCHMARK AT BEAVER CREEK Block: 1 Lot: 20 Value By: Market Override AND:- Lot: 21 Land (1) $355,530 N/A Total $355,530 $355,530 Land Occurrence 1 Abstract Code 0200 - VACANT COM LOTS Percentage 100.0 Use Code 2000 - COMMERCIAL Neighborhood 2042 - AVON COMMERCIAL NORTH OF I-70 Land Code 5171 - AVON OUTLYING Super Neighborhood 2400 - EAGLE VAIL / AVON COMMERCIAL COMMERCIAL Size 88883 Zoning 13 - COMM Physical Adjustment 20 SubArea ACTUAL EFFECTIVE HEATED FOOTPRINT Land S 88883 Total 88,883.00 Value Rate Rate Rate Rate $355,530 4.00 Abstract Summary Code Classification Actual Value Taxable Actual Taxable Value Override Override 0200 VACANT COM LOTS $355,530 $99,190 NA NA Total $355,530 $99,190 NA NA A#: R002286 P#: 210502401005 As of: 04/19/2024 Page 1 of 2 ATTACHMENT F -APPLICATION MATERIALS (Narrative, Kennel Comparison, Site Plan, Photos, Admin Docs, etc.) Property Record Card Eagle Abstract Summary Total $355,530 $99,190 NA NA A#: R002286 P#: 210502401005 As of: 04/19/2024 Page 2 of 2 ATTACHMENT F -APPLICATION MATERIALS (Narrative, Kennel Comparison, Site Plan, Photos, Admin Docs, etc.) A ,won COLURA00 Avon Community Development Department 100 Mikaela Way PO Box 975 Avon, Colorado 81620 vAvw.avon.org I/We permit (Authorized Representative name) to act as my/our representative in any manner regarding this application, to answer questions and to represent melus at any meeting and public hearing(s) which may be held on this application. 1/WE understand that the Town will send all correspondence to the authorized representative, It will be the repre,5entative's,responsibility to keep the owner($) adequately informed as to the status of the application. Signature 1A_Q Property Owner Name (printed Address Phone Number TO: Planning and Zoning Commission FROM: Max Morgan, Planner II RE: PUD24001 — Wildridge Lot Split Planned Unit Development Amendment MJR24002 — Major Development Plan Review AEC24001 — Alternative Equivalent Compliance LEGAL: L50 B3 Wildridge ADDRESS: 4644 North Point Avon DATE: May 13, 2024 G 0 L Q R A a 0 STAFF REPORT OVERVIEW: This staff report contains three applications related to the proposal for two new single-family residences in the Wildridge neighborhood, for consideration by the Planning and Zoning Commission ("PZC"). The property for the proposed project is currently a single, vacant lot in the Wildridge Planned Unit Development ("PUD"). In order to pursue the construction of two single-family residences on the lot, a Lot Split Amendment to Wildridge PUD approval is required, followed by a Minor Administrative Subdivision, the latter of which is reviewed, and a decision is determined by the Community Development Director ("Director"). The residential structures require Major Development Plan Review, and the proposed roof -pitch included in the plans requires an Alternative Equivalent Compliance application and approval by PZC. Pursuant to Avon Development Code Section 7.16.020(b)(4), Concurrent Review, where multiple applications concern the same property, the Director has determined that concurrent review of the applicants is justified for efficiency. wl n� rmnr�l W-N r r 0 (970.748.4014) mmorgan@avon.org A Avo n Co� UHADO SUMMARY OF REQUEST: Bobby Ladd, architect with RAL Architects ("Applicant"), is representing 4644 North Point LLC, the entity pursuing the development of 4644 North Point ("Property"). The applications required for the project are: 1. Lot Split Amendment to Wildridge PUD 2. Minor Subdivision (Not included with this application) 3. Major Development Plan Review 4. Alternative Equivalent Compliance An Administrative Minor Subdivision is eligible for review and approval by Staff. The Lot Split Amendment ("PUD Amendment") requires a public hearing with the PZC, with the purpose of providing a recommendation to Avon Town Council. Avon Town Council will review and render a final decision, through a resolution, on a Lot Split Amendment to Wildridge PUD amendment application after conducting a separate public hearing following a hearing with PZC. Applications for Major Development Plan Review and Alternative Equivalent Compliance require a public hearing with the PZC, with the purpose of reviewing and rendering a decision on the application. No hearing with Avon Town Council is required. REVIEW PROCESS An Administrative Minor Subdivision is eligible for review and approval by Staff. The Lot Split Amendment ("PUD Amendment") requires a public hearing with the PZC, with the purpose of providing a recommendation to Avon Town Council. Avon Town Council will review and render a final decision on a Lot Split Amendment to Wildridge PUD amendment application after conducting a separate public hearing following a hearing with PZC. &�i mumemillill I Applications for Major Development Plan Review ("MJR") and Alternative Equivalent Compliance ("AEC") require a public hearing with the PZC, with the purpose of reviewing and rendering a decision on the application. No hearing with Avon Town Council is required for MJR or AEC applications. The Subdivision application is included as an exhibit in order to present all relevant information for this proposed project. frfffiii� iiffifff� i PROPERTY DESCRIPTION: 4644 North Point is the only undeveloped property on North Point, a cul-de-sac with six residential lots, near the northern -most point in Wildridge. North Point is only accessible from Wildridge Road. The 40,075.2 square foot site (.92 acres) includes native grasses and sagebrush, and. The terrain is characterized by steep topography sloping up towards the northeast, which presents views of the mountains PUD24001, MJR24002, & AEC24001 May 13, 2024 Page 2 of 17 A Avo n Co� UHADO Figure 2 - Site Map and hillside in every direction. Forest Road 779, abuts the property to the east on Town -owned property. Additional neighboring properties include three duplexes, one to the north and the other two to the south. Three single-family homes are located on North Point. PROJECT DESCRIPTION: The applicant has submitted plans to subdivide the property into two lots and construct two single-family homes on each new lot. The proposed lots are identified as 50A and 50B respectively. Lot 50A is proposed as a 20,906 square foot lot to include a 2,973 square foot home. Lot 50B is proposed as a 19,161 square foot lot to include a 3,661 square foot home. The project proposes a single driveway access from the 50A lot, and an access easement for Lot 50B is included on the proposed plat for the site. With the exception of the driveway and snow storage, the two homes are not physically connected. The proposed home on Lot 50A includes a main level, and upper level, and a lower level. The proposed home on Lot 50B includes a main level and lower level. Like many homes in Wildridge, the buildings are designed "fit" into the hillside. PUD24001, MJR24002, & AEC24001 May 13, 2024 Page 3 of 17 A Avo n Co� UHADO Figure 3 - Elevation for 50B Demonstrating "Fit" Into Hillside PUBLIC NOTIFICATION & COMMENTS: Notice of the public hearing was published in the Vail Daily in accordance with Sec. 7.16.020(d) of the Avon Development Code (ADC). Mailed notice is required for a Lot Split Amendment for Wildridge PUD, and was sent to properties within 300' of the proposed development site in accordance with Sec. 7.16.020(d) of the Avon Development Code (ADC). No public comment was received for this application. PLANNED UNIT DEVELOPMENT REVIEW CRITERIA § 7.16.060(e)(4), Review Criteria The PZC and Town Council shall consider the following criteria as the basis for a recommendation or decision to rezone a property to PUD overlay, approve a preliminary PUD plan or process a PUD amendment, including the Lot Split Amendment for Wildridge PUD: The PUD addresses a unique situation, confers a substantial benefit to the Town and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/ vegetation preservation; efficient provision of streets, roads and other utilities and services; or increased choice of living and housing environments; Staff Response: The PUD amendment to split the lot represents an improvement to the housing environment when compared to a scenario where the lot remains intact and either a single-family home or duplex is constructed, or the lot remains undeveloped. Duplexes in Wildridge have presented challenges to the Town as well as the residents of the duplexes themselves. These challenges include neighborly disputes over shared common elements such as parking, cases of vandalism between neighbors, and resulting arrests that demand time and energy from the Avon Police Department. The PUD24001, MJR24002, & AEC24001 May 13, 2024 Page 4 of 17 A Avo n Co� UHADO opportunity to construct two homes rather than one or none presents increased housing stock in a time and place where housing inventory is limited. ii. The PUD rezoning will promote the public health, safety and general welfare; Staff Response: The PUD Amendment to split the lots promotes public health by adding housing inventory in the upper Eagle Valley, limiting a potential commute and increasing access to Avon, for someone who would otherwise need to look for housing in a neighboring community or beyond. iii. The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code and the eligibility criteria outlined in Subsection 7.16.060(b); Staff Response: In reviewing the compatibility of this project with the Avon Comprehensive Plan, Staff finds that these two proposed homes in Wildridge generally align with most of the cited "Avon Values," policies, and guiding principles. More specifically, the following statements reflect the intentions of the proposed development when considering location, design, and aesthetics: • Respect the Natural Environment. Enhance Avon's strong connections to its spectacular scenery, magnificent natural surroundings, and ample outdoor recreational opportunities. • Have a Distinctive Built Form. Develop a hierarchy of built forms that reflects the importance of the Town Center in the community. High quality design and finishes will exist throughout the community. • Enhance the Sense of Place and Character. Create a developed community made up of smaller residential neighborhoods and a thriving Town Center that collectively provide a unique sense of place and charm enjoyed by year-round residents and visitors alike. • Promote Diversity. Strengthen a total environment that is supportive of and attainable to a diverse community. The community is the sum of its parts and a healthy and vibrant community must welcome and encompass people with a wide range of backgrounds, interests, vocations, family status, and economic means. These elements help in achieving the vision of this Plan. Future Land Use and Planning Area The Avon Comprehensive Plan's Future Land Use Map designates the property as Residential - Low Density, and includes this area as part of District 11: Northern Residential District. Single-family homes are appropriate for Residential — Low Density areas, and this application is consistent with the proposed future land use in Avon. The Avon Comprehensive Plan applies prescribes that landscaping "should reflect the area's dry climate and typically steep terrain with low water -requiring plant materials and natural landscaping. The application includes a landscaping plan demonstrating the Fire -Free -Five recommendation from the Fire Protection District, to have all trees and plant material at least five feet from the building envelope. Additionally, plants and shrubs are consistent with water -wise, sun -intense recommendations for the area, and only 686 square feet of the total 9,022 square feet square feet of irrigated area represents spray irrigation. Under Planning Principles, the following statements are also relevant to this development: • Encourage and support development that prohibits significant alteration of the natural PUD24001, MJR24002, & AEC24001 May 13, 2024 Page 5 of 17 A Avo n Co� UHADO environment as well as ridgeline and steep slope development. This area should be highly sensitive to visual impacts of improvements, wildlife preservation, and lighting. The proposed subdivision and subsequent homes acknowledge the increasingly steep topography sloping towards the east portion of the site. The one home is proposed to be built close to the road, and the shared driveway concept limits disturbed areas on the site. No fences are proposed with this project, and the lighting is dark -sky compliant. Policies of the Avon Comprehensive Plan The following are applicable sections of the Avon Comprehensive plan that relate to this project: Policy B.2.2: Promote a wide range of residential uses throughout the Town. Policy C.1.2: Ensure compatible architectural features between adjacent buildings. Policy E.1.2: Encourage private development and partnerships that provide a diversity of housing for local working families. Policy G.3.2: Enforce the use of "Dark Sky" compliant fixtures. PUD Eligibility Criteria All of the following criteria must be met for a property to be eligible to apply for PUD approval: (1) Property Eligible. All properties within the Town are eligible to apply for PUD approval. (2) Consistency With Comprehensive Plan. The proposed development shall be consistent with the Avon Comprehensive Plan. (3) Consistent With PUD Intent. The proposed development shall be consistent with the intent and spirit of the PUD purpose statement in Subsection 7.16.060(a). (4) Compatibility With Existing Uses. The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in the Development Code or planned for in the Avon Comprehensive Plan. (5) Public Benefit. A recognizable and material benefit will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be infeasible or unlikely. (6) Preservation of Site Features. Long-term conservation of natural, historical, architectural or other significant features or open space will be achieved, where such features would otherwise be destroyed or degraded by development as permitted by the underlying zoning district. (7) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses in the PUD projects and to ensure compatibility between uses and the surrounding neighborhood. The proposed project meets the criteria above. The lot is a property in the Town, is consistent with the Avon Comprehensive Plan, and consistent with the PUD intent of the PUD purpose statement. The purposes are as follows: (1) To promote and permit flexibility that will encourage innovative and imaginative approaches inland development and renewal that will result in a more efficient, aesthetic, desirable and economic use of land while maintaining density and intensity of use consistent with the applicable adopted plans, regulations and policies of the Town; PUD24001, MJR24002, & AEC24001 May 13, 2024 Page 6 of 17 A Avo n Co� UHADO (2) To promote development within the Town that can be conveniently, efficiently and economically served by existing local utilities and services or by their logical extension; (3) To promote design flexibility, including placement of buildings, use of open space, pedestrian and vehicular circulation systems to and through the site and off-street parking areas in a manner that will best utilize potential on -site characteristics such as, topography, geology, geography, size and proximity; (4) To provide for the preservation of historic or natural features where they are shown to be in the public interest, including but not limited to such features as: drainage ways, floodplains, existing topography or rock outcroppings, unique areas of vegetation, historic landmarks or structures; (5) To provide for compatibility with the area surrounding the project site; (6) To provide for usable and suitably located open space such as, but not limited to, bicycle paths, playground areas, courtyards, tennis courts, swimming pools, planned gardens, outdoor seating areas, outdoor picnic areas and similar open space; (7) To minimize adverse environmental impacts of development; (8) To improve the design, quality and character of new development; and (9) To provide compensating community benefits to offset any impacts of the development and in recognition of design flexibility. Much of the purpose statement applies to a newly proposed PUD, rather than a PUD amendment like the proposed lot split in this application. The original PUD intends to guide development in Wildridge, mostly residential. The proposed Lot Split in Wildridge builds on this intention, but understandably does not directly execute each of these purposes. The lot split does provide compatibility with surrounding properties by reducing the potential for construction of a single-family home sized at a scale that appears inappropriately expansive for the Wildridge neighborhood and North Point specifically. iv. Facilities and services (including roads and transportation, water, gas, electric, police and fire protection and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; Staff Response: This property is included in the Upper Eagle River Water Authority and the Town confirmed in 2023 that properties in Wildridge, including those that can accommodate duplex lots, have water allocation from the Eagle River Water and Sanitation District ("ERWSD"). Gas, electricity, waste services and emergency services are all available to this site. V. Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife and vegetation, or such impacts will be substantially mitigated; Staff Response: Wildridge currently represents a balance of residential development and the natural environment. The lot split will not result in adverse impacts to wildlife or the air, water, noise, stormwater management, vegetation or wildlife that is otherwise thriving in the area. vi. Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and Staff Response: North Point and the portion of Wildridge Road near the proposed development is largely comprised of duplex and single-family homes with similar building footprints, and distances from PUD24001, MJR24002, & AEC24001 May 13, 2024 Page 7 of 17 A Avo n Co� UHADO neighboring residential development. The proposed lot split and homes appear consistent with the existing homes and their integration with the local environment. vii. Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Staff Response: The future use of the subject tract is proposed as two single-family homes. Properties in the vicinity have duplex and single-family homes with similar building footprints. The proposed homes appear consistent with the existing homes and their integration with the local environment. PLANNED UNIT DEVELOPMENT REVIEW CRITERIA § 7.16.060(h)(4), Additional Review Criteria The PZC shall review a Lot Split Amendment to the Wildridge PUD application and Major Amendments in the Wildridge PUD that include a Lot Split according the following criteria in addition to the review criteria for a preliminary PUD development plan: The application results in less total site coverage and contains restrictions on building envelopes when deemed appropriate to minimize site coverage; Staff Response: With the exception of "Non -developable Areas" identified on the plat, the Wildridge PUD does not include restrictions on building envelopes, nor does this application. Staff has included a condition for a building envelope that restricts future development on the site, which can be included as a condition of approval for this application. ii. Driveway disturbance is minimized and a shared driveway curb cut is utilized when feasible and when a shared driveway curb cut would reduce site disturbance; Staff Response: The plat presents the opportunity for a shared driveway and shared driveway curb cut, and both are present on the subsequent MJR application for the two proposed single-family homes. iii. Areas not appropriate for development are designated on the PUD plan; Staff Response: The Wildridge PUD identifies "Non -developable Areas" on certain parcels, and staff would support the designation of the northern portion of this lot as a Non -developable Area. iv. The proposed development of the site avoids disturbance of slopes greater than thirty percent (30%) or reduces potential disturbance of slopes greater than thirty percent (30%) compared to the existing PUD designation; and, Staff Response: The site represents more than forty feet of elevation increase from the western to eastern most point however, no portion of the lot appears to include slope greater than thirty percent (30%). V. The PUD plan incorporates requirements and/or restrictions as deemed appropriate to minimize or mitigate impacts to properties in the vicinity, including but not limited to: (1) enhanced landscaping; (2) increased building setbacks (i.e. minimum twenty (20) feet separation between buildings and a minimum ten (10) feet setback between properties); (3) designated building footprints; PUD24001, MJR24002, & AEC24001 May 13, 2024 Page 8 of 17 A Avo n Co� UHADO (4) building height restrictions; and, (5) designated architectural massing, including building square footage designation." Staff Response: A landscaping plan that included water -wise plantings and thoughtful placement of new trees (away from the building envelope and out of areas with intense sun -exposure). The proposed homes are more than twenty-five (25) feet apart, and the minimum ten (10) foot setback is applied however, these are not requirements incorporated on the plat. Nor does the plat incorporate building height restrictions or a building square footage designation. Staff recommends a condition for restrictions for future development on the site represented on the plat in order to meet this code requirement. Figure 5 - Proposed Homes Superimposed on Map of Existing Neighborhood PUD24001, MJR24002, & AEC24001 May 13, 2024 Page 9 of 17 A Avo n Co� UHADO PLANNING ANALYSIS Lot Coverage, Setback and Easements: All setbacks, easements, and height requirements are adhered to with the design plans. The universal setbacks are established via the original Wildridge PUD, and are platted to function like a building envelope. Setbacks in are as follows: 4644A —50A 4644B — 50B Front 25' Front 25' Sides 10, Sides 10, Rear 10, Rear 10, There is a "Limit of Disturbance" present on this site, as determined by the original Wildridge PUD, indicated on the proposed plat. Use: The Wilridge PUD permits two dwelling units on this lot. Short Term Rentals (STR) are not permitted under the current PUD in Wildridge. Inclusionary Zoning: The Application is not subject to Employee Housing mitigation standards outlined in Avon Development Code Section 7.20.100. Building Height: Maximum building height on Lot 50A is 30'. Maximum building height on Lot 50B is 34' 3". The maximum building height permitted for this property is 35 feet from natural grade, and the designs adhere to this limitation. The height must be verified during the building process with foundation and framing Improvement Location Certificates (ILC). Pursuant to the PUD for Wildridge, 7.28.090(e)(2): Building Height on Steep Slopes. Determining building height on steep slopes has frequently resulted in three-story walls on the downhill side that create an overbearing presence on properties below. Therefore, the visual impact of building height and massing on lots with steep slopes shall be reduced by articulating the building facades and creating proportional stories in a multi -story building. The proposed home on Lot 50A includes plans for three levels however, the stories are proportional and staff feels that the structure will not create a negative visual impact or overbearing presence on properties below or near the structure. Parking: The Development Code requires two spaces per unit. The project includes garage parking and surface spaces in front of the garage. The Code requirements have been met. 4-Sided Design: The side and rear elevations of all structures include equal care and quality as compared to the front of the buildings. Staff observes four-sided design requirements on both home designs included on the plans, demonstrated by the appearance of windows, doors, railings, decks, roof angles and a variety of exterior materials applied that make the proposed structures interesting from all angles Snow Storage: Snow storage areas are identified on the plans and meet the required area however, staff is unaware of an agreement for maintenance responsibilities between the two proposed lots. Staff recommends an agreement that identifies maintenance responsibilities and a cost -sharing structure, is PUD24001, MJR24002, & AEC24001 May 13, 2024 Page 10 of 17 A Avo n Co� UHADO drafted, signed, and submitted to the Town as a condition for a building permit. DESIGN STANDARDS ANALYSIS Landscaping: The application includes a landscaping plan demonstrating the Fire -Free -Five recommendation from the Fire Protection District, to have all trees and plant material at least five feet from the building envelope. Additionally, plants and shrubs are consistent with water -wise, sun -intense recommendations for the area, and only 686 square feet of the total 9,022 square feet of landscaping area represents spray irrigation. Fences: None. Building Design, Building Materials and Colors: The proposed materials include a combination of rock veneer siding, stucco, and wood siding/trim, with timber accents. Avon Development Code Section 7.28.090(c)(3), Building Materials, requires the use of "high quality, durable building materials", and "preferred materials reflect the Town's sub -alpine character such as native stone, wood siding, masonry or timbers." All of these materials are considered with this design. The colors meet Light Reflective Value (LRV) standards and are all earth tone. Both residences will have identical components. See next page for sample boards. Exterior Lighting: The exterior light fixture selected for the project is a down cast, modern fixture style and in compliance with the Outdoor Lighting Ordinance. It is a full cutoff fixture and fixture is Dark Sky compliant and engineered to minimize light glare upward into the night sky. PUD24001, MJR24002, & AEC24001 May 13, 2024 Page 11 of 17 A Avo n Co� UHADO Roof Material and Pitch: The roof material and pitch were reviewed for compliance with Sec. 7.28.090(d) (3) Roofs. Shed roof forms are presented for each building. Pitches are varied to include 2:12 and 4:12 on 50A, and are solely proposed for 2:12 on 50B. The plan for the home on Lot 50A proposes a combination of metal and synthetic roofing materials. The proposed home on Lot 50B includes metal roofing materials only. The roof shake product (Timberline High -Definition Shingles from GAF) is a composite material with a Class A fire rating that also contains UV blockers to prolong the life of the materials. These shingles are sealed to decrease wind -risk. Roof pitches between 1:12 and 3:12 are currently not permissible by the Avon Municipal Code, with the exception of 3:12 roof pitch for metallic roofs. The applicant has submitted an AEC application as part of this proposal in order to initiate review from the PZC for an alternative design. ROOF REGULATIONS: Section 7.28.090(c)(4), of the Avon Municipal Code offers the following intent and design of roofs in the Town of Avon: Roofs: (i) All residential buildings shall have pitched roofs with a rise of not less than four (4) inches in twelve (12) inches of distance. Primary roofs shall have a four -to -twelve (4:12) minimum and a twelve -to -twelve (12:12) maximum. Secondary roofs shall have a four -to -twelve (4:12) minimum and metal roofs shall have a three -to -twelve (3:12) minimum. Flat roofs may be permitted as secondary roofs or if the flat roof is consistent with the architectural style of the building. (ii) All buildings shall incorporate roofline modulation. (iii) Large expanses of bright, reflective materials are not permitted; however, standing seam metal, copper or weathering steel (corten) may be acceptable. Staff Response: Portions of the proposed roofs are at a 2:12, representing a flatter roof than is permitted by Avon Municipal Code. Roof pitch guidelines within design standards are typically set to uphold a specific aesthetic, and reduce the impacts of weather, specifically snowmelt. Residential structures in Wildridge are not subject to different roof standards than the rest of the Town. An application for Alternative Equivalent Compliance, as a means to approve the roof pitch design not currently permitted by the Avon Municipal Code, is included with this application. PUD24001, MJR24002, & AEC24001 May 13, 2024 Page 12 of 17 A Avo n Co� UHADO ALTERNATIVE EQUIVALENT COMPLIANCE — CRITERIA: §7.16.120, Alternative Equivalent Compliance: Alternative equivalent compliance is a procedure that allows development to meet the intent of the design - related provisions of the code through an alternative design. It is not a general waiver or weakening of regulations; rather, this application procedure permits a site -specific plan that is equal to or better than the strict application of a design standard specified in the Development Code. This procedure is not intended as a substitute for a variance or administrative modification or a vehicle for relief from standards in this Chapter. Alternative compliance shall apply only to the specific site for which it is requested and does not establish a precedent for assured approval of other requests. REVIEW CRITERIA: §7.16.120(d): 1. The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; Staff Response: The proposed 2:12 and 3:12 roof pitch is adequately sloped for snowmelt, and is likely a visually -imperceptible modification to the allowed 4:12 roof pitch for roofs 2. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; Staff Response: The proposed plans improve sun exposure for the home and break up building mass (Policy C.1.3) 3. The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and Staff Response: The proposed plans, specifically the raised roof and larger door / window increase sunlight to the home, which can potentially reduce energy used to heat the home. 4. The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Title. Staff Response: The proposed plans do not negatively impact surrounding properties, functionally nor visually. MAJOR DEVELOPMENT PLAN - CRITERIA: § 7.16.080(g), Development Plan 1. Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; Staff Response: The application generally complies with the applicable purpose statements outlined in the Development Code. Purpose (1) states, "Promote architectural design which is compatible, functional, practical and complimentary checking to Avon's sub -alpine environment". The architecture is compatible with other neighboring development with large amounts of stone, wood siding, and timber accents. PUD24001, MJR24002, & AEC24001 May 13, 2024 Page 13 of 17 A Avo n Co� UHADO 2. The design conforms with the Avon Comprehensive Plan and other applicable, adopted plan documents; Staff Response: The site is located in 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." While the planning principles listed for District 11 target subdivision enhancements, this district does encourage developments that, "prohibits significant alteration of the natural environment... and steep slope development. The Wildridge PUD does not prescribe a limit of developable area as a percentage of the entire lot. Staff feels that the size of the building footprints are in scale with other homes in the vicinity. 3. Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; Staff Response: The Applications includes a PUD Amendment (PUD24001) and re -subdivision application (SUB24003) that intend to exchange the single -duplex lot and reconfigured it into two, single- family lots. These proposed homes would be consistent with those approvals and adhere to the restrictions placed on the plat. 4. Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; Staff Response: The application demonstrates compliance with Chapter 7.20, Zone Districts and all applicable use standards from Chapter 7.24. No deviation from the Wildridge PUD is proposed with this application. 5. That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services; and Staff Response: The Public Works department did not present concerns related to this development during the review process. 6. 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. Staff Response: Community character refers to the distinct identify of a place; the collective impression a neighborhood or town makes on residents and visitors. The Properties are located at in a well established single-family/duplex subdivision (Wildridge). The overall character of this development is consistent with other architectural statements by incorporating articulated building facades, terracing, PUD24001, MJR24002, & AEC24001 May 13, 2024 Page 14 of 17 A Avo n Co� UHADO use of natural materials, limiting landscaping, and by leaving a large area of natural terrain undisturbed. OPTIONS: PZC has the following options: • Approve as outlined below; • Approve with modified findings and conditions; • Continue application to future meeting pending additional details or studies; or • Deny application after formulating justifiable findings. PUD24001 FINDINGS: Findings: The Lot Split Amendment incorporates creative site design that achieves the purposes of the Town's Development Code. The two proposed homes are an improvement to what could be accomplished if the lot remained one, and allows for a more harmonious setting for two home- owners to co -exist without shared amenities that can cause disputes previously observed by Staff in traditional duplex housing in Wildridge; The Lot Split Amendment promotes public health, safety and general welfare by adding housing inventory in a time and location where housing is limited; The Lot Split Amendment is consistent with the Avon Comprehensive Plan, promoting compatible architecture and increasing the diversity of housing; Facilities and services (including roads and transportation, water, gas, electric, police and fire protection and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; The Lot Split Amendment will not result in negative impacts to the natural environment. Wildlife currently thrives in Wildridge despite residential development, and the Town has promoted assessment of native vegetation that could increase wildfire risk that this development accomplishes; The Lot Split Amendment is not likely to result in significant impacts on other properties in the vicinity; Future uses on the subject lots will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject lots. The proposed homes included in this application are sized and scaled to look and feel similar to other homes on North Point and Wildridge Road. PUD24001 RECOMMEND MOTION: "I move to recommend approval of Case #PUD24001, a Lot Split Amendment to Wildridge PUD, based on the findings in §7.16.060(e)(4) outlined in Staff's report, and the following conditions:" Conditions: 1. Access and maintenance agreement for the shared driveway and storage area to be recorded prior to signature of the Minor Subdivision plat. PUD24001, MJR24002, & AEC24001 May 13, 2024 Page 15 of 17 A Avo n Co� UHADO AEC24002 FINDINGS: Findings: The proposed application was reviewed pursuant to 7.16.120, Alternative Equivalent Compliance; The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; The proposed alternative results in benefits to the community that are equivalent to or better than the compliance with the subject standard; The proposed roof design and project overall do not impose greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Avon Municipal Code ("AMC"). AEC24001 RECOMMEND MOTION: "I move to approve Case #AEC24001, an Alternative Equivalent Compliance application, based on the findings in section §7.16.120(d) as outlined in Staffs report." MJR24002 FINDINGS Findings: 1. The proposed application was reviewed pursuant to §7.16.080, Development Plan, and the design meets the development standards established in the Avon Development Code; 2. With conditions, the application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. The demand for public services or infrastructure exceeding current capacity is mitigated by the application; and 6. The design relates the development to the character of the surrounding community. MJR24002 RECOMMEND MOTION: "I move to approve Case #MJR24002, a Major Development Review application, based on the findings in section §7.16.080(g) as outlined in Staffs report, with the following conditions:" Conditions: 1. Us are required to confirm building height. 2. An executed Access and Maintenance Agreement that includes, but is not limited to, maintenance, snow storage, parking, be recorded prior to the recording of the corresponding subdivision plat. 3. Lights in the recessed lighting fixtures shall not create a glare or nuisance from neighboring property owners. Lower wattages or diffusers are required for these fixtures if glare is detectable. 4. Approval is contingent upon approval of file PUD24001 by the Avon Town Council, and satisfactorily addressing any conditions related thereto. PUD24001, MJR24002, & AEC24001 May 13, 2024 Page 16 of 17 A Avo n Co� UHADO Thank you, Max ATTACHMENTS: A. Application Materials PUD24001, MJR24002, & AEC24001 May 13, 2024 Page 17 of 17 ATTACHMENT A -Application Materials TOWN OF AVON /A�t PRE -APPLICATION SUMMARY , -- 0 n C. 0 L O R A C) 0 TO: Bobby Ladd, bobby@ralarch.com FROM: Max Morgan, MURP, Town Planner DATE: 2.8.2024 RE: 2332 Fox Lane / 4644 North Point Subdivision and New Homes The purpose of this memorandum is to document review procedures and determinations necessary to move forward with this development application. This summary is also provided to document the pre -application procedural requirement outlined in Avon Development Code 22tian :7..1.6.,.0200), Step 1: Pre -Application Conference. SUMMARY, COMMENTS, AND DETERMINATIONS: Summary. On February 6, 2024, Bobby Ladd attended a preliminary pre -application meeting with Planning Manager Jena Skinner, AICP, and Town Planner Max Morgan, MURP. Mr. Ladd shared plans for two development projects in Wildridge, and advised that construction logistics suggest that these projects are compatible and should be pursued concurrently. Draft property layouts were presented, and a general discussion about the project layout and considerations to enhance the plan were presented and discussed. This memo addresses aspects of the meeting and should help guide the development application submittals that are pending. PROCESS. Based on review of the plans and narrative, the following applications and reviews will be necessary for both proposed projects respectively: APPLICATIONS / AGREEMENTS 1. PUD Amendment in Wildridge. Review Procedures. The general procedures set forth in„S,g,ctian;71,,�},,;020,, General procedures and requirements, shall apply to Lot Split Amendments to Wildridge PUD applications. The PZC shall review all Lot Split Amendments to Wildridge PUD amendment applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision, through a resolution, on a Lot Split Amendments to Wildridge PUD amendment application after conducting a public hearing • Administrative Subdivision. Administrative subdivisions shall be required to obtain approval for a preliminary plan and for a final plat. See Subdivisions, Section 7.1,6.070 2. Minor Subdivision (Same process listed above) 7.16.070(b)(2) Minor Subdivisions. Minor subdivisions include all subdivisions which would create less than four (4) separate parcels of land, subdivisions which do not require or propose public improvements, subdivisions which consolidate two (2) or more lots into a single lot in a previously recorded subdivision plat and subdivisions which move any lot lines by more than two (2) feet; but shall not include subdivisions which are administrative subdivisions. Condominium and timeshare subdivisions more than four (4) units which do not propose public improvements shall be processed as minor subdivisions.. • Review Procedures. 7.16.070(d)(2) Minor Subdivision. Minor subdivisions shall require final plat review and approval only where no public improvements are proposed; however, the review criteria for a preliminary plan shall apply to review of minor subdivision final plats in addition to ATTACHMENT A -Application Materials the review criteria for a final plat. The Director shall review and render decisions on minor subdivisions. A decision of the Director may be appealed to the Town Council pursuant to 7.1.1 Appeal. 3. Major Development Plan Major development plans include all new building construction over six hundred (600) square feet. Review Procedures. The general review procedures described in Section 7.16.020, General procedures and requirements, shall apply to development plan applications. The Director shall review and provide a recommendation to the PZC on all major development plan applications. The PZC shall render the final decision on a major development plan, unless the application is located within the Town Core. The decision of the PZC may be appealed to the Town Council pursuant to Section 7.16.180, Appeal. If an application is located within the Town Core, the Director shall review and provide a recommendation to the PZC. The PZC shall review and provide a recommendation to the Town Council. The Town Council shall render the final decision on a major development plan within the Town Core. 4. Alternative Equivalent Compliance (if applicable). Alternative equivalent compliance is a procedure that allows development to meet the intent of the design -related provisions of this Chapter through an alternative design. This application is appropriate for fencing in Wildridge that does not meet the development standards. Review Procedures. The PZC shall review all alternative equivalent compliance applications that have a concurrent minor development plan application SUBMITTAL REQUIREMENTS. Please see attached file that summarizes our understanding of submittal requirements to be submitted with the application. If you feel a certain item is not applicable, please just note it within the application submittal. FEES • Minor PUD Amendment - $650 • Administrative/Minor Subdivision - $250 • Major Development Plan - $425 • Alternative Equivalent Compliance - $250 MISC. COMMENTS AND QUESTIONS: Please do not hesitate to call me at 970-748-4014 if I may be of further assistance regarding this application. I'm looking forward to working with you and getting the project to the finish line. Respectfully, Max Morgan, MURP Town Planner Town of Avon, CO ATTACHMENT A -Application Materials NOTE: The informal evaluation of the plans and information provided at the pre -application conference is not binding upon the applicant or the Town. Critical issues relevant to a development application may not be apparent at the pre - application conference and may require additional review, submissions, or studies later in the application process. ATTACHMENT A -Application Materials B. Ladd Wildridge (Fox Ln & North Pt) Projects Application Checklist GENERAL SUBDIVISION CHECKLIST ,(Farm2..2an be found„here), ❑ Land Development Application completed and signed by applicant and property -owner. ❑ Fees All applicable filing fees. ❑ Signed Acknowledgement to Pay form ❑ Property Ownership Disclosure. The disclosure of ownership must be dated within two (2) months of the application submittal. ❑ Affidavit of Property Owner's List ❑ Public Notices ❑ Authorized Representative Form if applicant is not the property -owner. ❑ Certification of Title / Title Report including Schedules A&B ❑ Written Statement briefly describing the project. Explain its purpose and how it satisfies the findings required by the Land Development Code. ❑ Site Photographs Provide adequate photos to show entire project site and all adjacent buildings. Where possible, take wide-angle shots showing project site and adjacent buildings together. Color preferred. ❑ Survey Plat of the property; no more than three (3) years old, stamped by a surveyor licensed in the State of Colorado. ❑ Site Plan (see Site Plan Requirements checklist) ❑ Address Application ❑ SFE Water Allocation Assigned to the Property (see Development Agreement for some info). ❑ Utility Approval and Verification Form (attached) ❑ Preliminary Plan for Subdivision ❑ Final Plat (see Final Plat Requirements checklist) ❑ Erosion and Sediment Control Plan. Applies to any disturbance within 100 ft of a stream, all grading unless waived by the Town Engineer, all residential development disturbing more than a'/4 acre, all mixed use, commercial, industrial development, all proposed subdivisions and PUDs. Section 7.28.100(c), AMC. ❑ Revegetation and Land Reclamation Plan Applies to all parcels of land that will be altered from its natural condition by man-made activities. Section 7.28.100(c)(6) AMC. ❑ Geologic Hazard Study. As required pursuant to Section 7.28.100(e), AMC. ❑ Stormwater Drainage Report. Applies to any proposed development within 100 ft of a waterbody and to any other development creating 10,000 sf or more impervious surface area. Sec 7.32.100, AMC. ❑ Park Land Dedication. Any area zoned and to be used for residential purposes, including mixed use development, shall comply with the requirements of Sec. 7.32.090, AMC. ❑ Public Improvements Agreement. Any development proposing to construct or modify public infrastructure (includes, roads, sidewalks, utilities, parking facilities, trails, landscaping, lighting, shall comply with the requirements of Sec 7.23.100, AMC. ❑ Transportation Study. Any development proposal that generates 200 or more daily vehicle trip during an average weekday must submit a Transportation Impact Study (traffic study). ❑ Pre -Application Conference Summary ❑ Additional Requirements. May be required based on further review of the application: 0 Parking study, noise study, site distance diagrams, shadow study. ATTACHMENT A -Application Materials FINAL PLAT ❑ Prepared by a registered professional land surveyor licensed in the State of Colorado ❑ Mylar drawing (only final version must be on mylar) ❑ Sheet size of 24" x 36" with a 1" minimum margin on all sides for each sheet ❑ Drafted at a scale that best conveys the subdivision (1 "=50% 1 "=100', or 1 "=200') ❑ Title at the top of the sheet must include: • Name of the proposed subdivision or planned development • A general legal description • Total acreage, number of lots and tracts ❑ Include the following in a block in the lower right-hand corner: • Preparation date and date of revisions, if applicable • North arrow • Written and graphic scale • Names and addresses of the applicant, developer, engineer or surveyor • Sheet number and total number of sheets ❑ Vicinity map of the area to be subdivided and surrounding area within a 1-mile radius ❑ A written legal description of the subdivision limits and boundaries ❑ Identify the names and locations of all abutting subdivided parcels, unplatted parcels and public lands ❑ Display ties to section corners ❑ Identify and label all lots, tracts and appropriate building envelopes, if requested by staff, with the appropriate dimensions including the acreage within each lot to the nearest 0.01 of an acre ❑ Indicate all road names, and provide dimensions for the width of all rights -of -way ❑ Describe the purpose, widths and locations of all easements and abutting easements ❑ Accurately locate 100-year floodplain and other water or drainage ways ❑ Provide the following certificates on the title sheet: 1) Surveyor's Certificate 2) Town Certificate 3) Clerk and Recorders Certificate; and 4) Title Insurance Company or Attorney's Certificate ❑ Include plat notes explaining information pertinent to the ownership of tracts, reference the subdivision improvements agreement and conservation easements, maintenance responsibility for private roads, and easements. OTHER SUBMITTAL REQUIREMENTS (To Be Determined by Town Engineer) ❑ Plans & Reports dated & signed by appropriate Professionals: ❑ Legal Description and Maps - Registered Surveyor ❑ Utility, road, grading & drainage plans - Professional Engineer ❑ Soils Reports - Soils Engineer ❑ Landscape Plans - Licensed Architect or Professional Landscape Architect ❑ Geologic Reports - Registered Geologist ❑ Wildfire Reports - Professional Forester ❑ Supplemental Plan for Roads & Drainage: ❑ General Grading Plan • Existing & revised contours • Proposed retaining structures ❑ Cross -sections at potentially difficult grade relationships ❑ Street plan & profiles r ATTACHMENT A -Application Materials • Intersections with existing streets • Existing & proposed drainage areas & easements crossing or parallel to road • Areas of high water table, unsuitable soils & other geological hazards • Typical cross -sections showing road widths, driving surface, shoulders, curbs & gutters, barrow ditches, cut & fill slopes to point of intersection with natural ground • Include extremities of all cut & fill areas • Supplemental sheets as necessary to illustrate all drainage, retaining and bridge structures to be part of roadway ❑ Drainage Study • Contour map showing all existing 7 proposed water courses • Computation of 10 & 100 year flows • Limits of 100 year floodplain on contour map • Computations for increase or decrease in flows resulting from development • Capacity & velocity through all drainage structures including open channels • Facilities for reduction of peak run-off and pollution control ❑ Utility Service & Fire Protection • Water supply, source, water rights & commitment for service • Sanitary sewer - commitment of service • Underground utilities, electric, gas, telephone & cable TV ■ Written evidence from utilities acknowledging proposed system & that design agreement has been reached ■ Written evidence that utilities will service the proposed subdivision • Compliance with International Fire Code ❑ Revegetation or Landscape Plan MAJOR DEVELOPMENT REVIEW (Otheritems in addition to those already requested above) ❑ Color and Material Board ❑ 24" x 36" minimum dimension, including photograph of board for file ❑ Include project address, architect's name, address, telephone/fax/email address ❑ All samples to include manufacture's name and item specification number (including catalog cut sheet or photograph of an existing installation may be accepted in place of product literature) ❑ Must include samples of all proposed exterior materials and colors, including materials for exterior window, siding, trim, roofing, flashing, etc. ❑ Colored Building Elevations ❑ 3-D Modeling studies (if applicable, according to Director or PZC) ❑ Supplemental Studies (if applicable, according to Town Engineer) ❑ Additional materials deemed necessary by Staff to determine the impact of the proposed modification will have on the health, safety and welfare of the Town. 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Call 800-782-1967 or LIVE CHAT https://www.lampspIus.com/products/hinkley-silo-8-inchh-black-cylindrical-led-outdoor-wall-light_617d0.htmI Page 1 of 5 Hinkley Silo 8"H Black Cylindrical LED Outdoor Wall Light - #617D0 I Lamps Plus ATTACHMENT A -Application Materials 4/10/24, 9:28 AM Add soft lighting to a patio or balcony with this modern, black, energy - efficient LED outdoor wall light. The perfect addition to modern coastal exterior decor, the sleek cylindrical design of this modern LED outdoor ceiling light blends simple modern style and practicality. From Hinkley and the Silo collection, it is built to stand up to harsh climates while maintaining its bold black finish. Silo's finish is resistant to rust and corrosion with a 5- year warranty. Shop all Hinkley_ Specifications Product Attributes Finish Black Style Contemporary Brand Hinkley • 8" high x 4 1/2" wide. Extends 5 3/4" from the wall. Backplate is 4 3/4" high x 4 1/2" wide. Distance from the top of the fixture to outlet is 4". Weighs 1.3 lbs. • Includes one dimmable 6.5 watt GU10 base LED bulb: SOO lumen light output, comparable to a 50 watt incandescent. 3000K color temperature. 80 CRI. • Modern cylindrical energy -efficient LED outdoor wall light from the Silo collection by Hinkley. • Black finish over composite _® construction. Etched lens glass:, Can only be installed with lights pointing down. Dimmable with a CL type dimmer (SSL7A). LED averages 25,000 hours at 3 hours per day. Voltage 120V. Mounting hardware is hidden on the back plate to ensure a clean silhouette. Suitable for use in both interior and outdoor spaces. • JAB, Title 24, Dark Sky compliant. California Prop 65 Warning. Technical Specifications Height 8.00 inches Width 4.50 inches Weight 1.30 pounds https://www.lampspIus.com/products/hinkley-silo-8-inchh-black-cylindrical-led-outdoor-wall-light_617d0.htmI Page 2 of 5 ATTACHMENT A -Application Materials PO Box 133 RAL ARCHITECTS, INC. EAGLE, CO 81631 PHONE: 970.376.4227 EMAIL: BOBBYL@RALARCH.COM March 7, 2024 4644 North Point Lot 50, Block 3, Wildridge Avon, CO 81620 Written Narrative AEC request - roof slopes less than 4:12 1. The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard. The proposed design incorporates primary roof slopes of 2:12. Flat roofs are permitted in consistent with the style of the building. A 2:12 roof slope creates a more contemporary roof design consistent with the contemporary design style of the building which meets the same degree of intent for the referenced design standard. 2. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard. The proposed flatter roof slope meets the intent of the Avon Comprehensive plan to the same degree as a steeper roof slope. One of the goals of the Avon Comprehensive plan states: Design four sided architecture that maximizes solar exposure, protects views, and breaks up building bulk. The flatter shed roofs are directed towards the south to maximize the solar exposure of the wall and windows and to best maximize the views from the property. The proposed plans include a slightly larger overhang on the south end of the shed roof to help with heat gain solar angles in the summer. 3. The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard. The proposed flatter shed roofs create for a lower roof and building height to minimize impact on adjacent properties. 4. The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with specific requirements of this Title. The Wildridge design criteria calls for a lower maximum height restriction for roofs flatter than 4:12 slope. The proposed flatter roof slopes would be held to a maximum height that is 5' less than steeper roof slopes creating a lesser impact on adjacent properties. ATTACHMENT A -Application Materials PO Box 133 RAL ARCHITECTS, INC. EAGLE, CO 81631 PHONE: 970.376.4227 EMAIL: BOBBYL@RALARCH.COM March 7, 2024 4644 North Point Lot 50, Block 3, Wildridge Avon, CO 81620 Written Narrative This project entails splitting one existing duplex lot into two separate single family residence lots and structures. 1. Evidence of substantial compliance with the purpose of the Development Code. The application substantially complies with the purpose of the Avon Development Code. The existing density for the property is maintained falling within the previously contemplated impact on the Town of Avon infrastructure. By splitting the structure into two separate single family residences, the buildings are able to be stepped up the natural sloping terrain of the lot and maintain height and building sizes that are comparable to adjacent properties while maximizing the potential of the subject lot through view capture, building orientation, and drainage patterns. 2. Reserved N/A 3. The design conforms with the Avon Comprehensive Plan and other application adopted plan documents. The existing lot was conceived under the Wildridge PUD. The proposed design does not stray from the original goals of the Avon Comprehensive Plan and respects the existing criteria placed upon the lot for density and development intensity. 4. Consistency with any previously approved and not revoked subdivision plat, planned development or any other precedent plan or land use approval for the property as applicable. The existing lot was conceived under the Wildridge PUD. The proposed design does not stray from the original goals of the Avon Comprehensive Plan and respects the existing criteria placed upon the lot for density and development intensity. 5. Compliance with all applicable development and design standards set forth in this Code. Compliance with applicable Town Code development standards is demonstrated in the submitted documents. Where variances are requested, an Alternative Equivalency Compliance application has been submitted in support. 6. The development can be adequately served by city services. The development falls within allowable density and intensity that was originally used to calculate the entire Wildirdge subdivisions impact on city services. 7. The development design conforms with the character of the surrounding community. The size and scale of the proposed development is consistent with the surrounding community as demonstrated on the submitted drawings. ATTACHMENT A -Application Materials A c;OLURADCA Bobby Ladd RAL Architects, INC. P.O. Box 133 Eagle, CO 81631 (970)-376-4227 May 9, 2024 RE: Residential Development Projects - Wildridge Major Development Plan, Subdivision, PUD Amendment, and Alternative Equivalent Compliance Town of Avon Files MJR24002, PUD24001, SUB24003, AEC24001, SUB24002, PUD24002, AEC24002 Dear Bobby: Thank you for assembling this combined application for the Town of Avon's review and processing. I have looked through the materials and have the following comments regarding the completeness of the applications. Closing Calculations on Surveys: The Town of Avon Engineering Department requests closing calculations from Gore Range Surveys for both plats. I contacted Sam Ecker directly to request these, and he confirmed April 5, 2024 that he would send them to me directly. I will forward these to the Engineering Department. ACTION: No action needed from Applicant. Staff will confirm with you when these are received. 2. Resubdivision Plat Vicinity Map — 2332 Fox Ln: Vicinity Map for 2332 Fox Ln shows additional parcel with shading. ACTION: Please remove the shaded portion of the vicinity map that is 4644 North Point on the plat for 2332 Fox Ln. 3. Resubdivision Plat Typical Setbacks — 2332 Fox Ln and 4644 North Point: The proposed center lot -line for both resubdivision plats requires typical setbacks that should be shown on the plat. ACTION: Please add 7.5' setbacks on both sides of the center lot line on the proposed plat for 2332 Fox Ln, sides 66A & 66B. The proposed plat for 4644 North Point technically only requires a 970-748-4023 jskinner@avon.org Page 1 of 2 ATTACHMENT A -Application Materials A c;OLURADCA 7.5' setback on the west side of the center lot line (side 50A) however, the Town is fine with setbacks on both sides. 4. Plan Sets — 4644 North Point: Town of Avon If: evello ment Standairds (Avon Municipal Code 7.28) require planning review for specific aspects of development projects. In order to effectively review the project for compliance with Development Standards, more information is requested. ACTION: Please update plan sets for 4644 North Point to include the following: • Areas identified for snow storage • Maximum building heights (ridgelines) on building elevations • A lighting plan • 1 also hope to confirm that no spray irrigation is proposed, and that no fencing is proposed with this application. Thank you so much for doing the work you have on the applications. You are great to work with and I appreciate your collaboration. Please reach out if you have any questions about the contents of this review. My goal is to assist you with this process, knowing that each stage of entitlement is valuable to the success of the development itself. Sincerely, Max Morgan Planner II Completeness Review — Wildridge Residential RAL Projects April 4, 2024 Page 2 of 2 AATTACHMENT A -Application Materials .4von COLORADO Avon Community Development Department 100 Mikaela Way PO Box 975 Avon, Colorado 81620 www.avon.org Disclosure of Property Ownership If owner is an individual; indicate name exactly as it appears on the deed. if owner is a corporation, partnership, limited partnership, or other business entity, name principals on a separate page. Please include the articles of organization, partnership agreement, etc., as applicable. If owner is a land trust, name beneficiaries on a separate page. n If applicant is a lessee, indicate the owner(s) on a separate page. D If applicant is a contract purchaser, attach a copy of the contract, and indicate the owner(s) on a separate page. Please provide the name(s), mailing address(es), street address(es), and phone number(s) for all owners. Property Ownership Affidavit I/We, dy and affirm that I am we are the owners of of the 1A � .. hereby ceff IT� property described as Lf and which is the subject of the application fbr...—,,---- (we) acknowledge that until paid, ALL LAND USE APPLICATION FEES, INCLUDING FEES FOR PROFESSIONAL REVIEW SERVICES, SHALL BECOME AND REMAIN A FIRST AND PERPETUAL LIEN ON OR AGAINST THE SUBJECT PREMISES. \ 0 t' Executed thisTJ day of j;V�46 _2016. (To be signed by all record ownehr). Signature . ......... Title Mailing Address: /)A IV Phone Number: A ATTACHMENT A -Application Materials Avon COL AA00 Avon Community Development Department 100 Mikaela Way PO Box 975 Avon, Colorado 81620 www.avon.org F.11 I I M % Oki N 4 11 :N 4 V Me permit (Authorized Representative name) to act as my/our representative in any manner regarding this application, to answer questions and to represent me/us at any meeting and public hearings) which may be held on this application. IME understand that the Town will send all correspondence to the authorized representative. It will be the representative's responsibility to keep the owner(s) adequately informed as to the status of the application. Signature Property Owner Name inted (LC-11612V Address Pt one Number TO: Planning and Zoning Commission FROM: Max Morgan, Planner II RE: PUD24002 — Wildridge Lot Split Planned Unit Development Amendment MJR24003 — Major Development Plan Review AEC24002 — Alternative Equivalent Compliance LEGAL: L66 B1 WR ADDRESS: 2332 Fox Lane Avon DATE: May 13, 2024 c Q L 0 R A D Q STAFF REPORT OVERVIEW: This staff report contains three applications related to the proposal for a lot split and planning approval for two new single-family residences in the Wildridge neighborhood, for consideration by the Planning and Zoning Commission ("PZC"). The property for the proposed project is currently a single, vacant lot in the Wildridge Planned Unit Development ("PUD"). In order to pursue the construction of two single-family residences on the lot, a Lot Split Amendment to Wildridge PUD approval is required, followed by a Minor Administrative Subdivision, the latter of which is reviewed, and a decision is determined by the Community Development Director ("Director"). The residential structures require Major Development Plan Review, and the proposed roof -pitch included in the plans requires an Alternative Equivalent Compliance application and approval by PZC. Pursuant to Avon Development Code Section 7.16.020(b)(4), Concurrent Review, where multiple applications concern the same property, the Director has determined that concurrent review of the applicants is justified for OEM" efficiency. am, SUMMARY OF REQUEST: Bobby Ladd, architect with RAL Architects, INC ("Applicant'), is representing 2332 Fox Lane LLC, the entity pursuing the development of the 2332 Fox Ln ("Property"). The applications required for the project are: 1. Lot Split Amendment to Wildridge PUD 2. Minor Subdivision (Not included with this application) 3. Major Development Plan Review 4. Alternative Equivalent Compliance Figure 1 - Site Map 970.748.4014 mmorgan@avon.org A Avo n Co� UHADO REVIEW PROCESS An Administrative Minor Subdivision is eligible for review and approval by Staff. The Lot Split Amendment ("PUD Amendment") requires a public hearing with the PZC, with the purpose of providing a recommendation to Avon Town Council. Avon Town Council will review and render a final decision on a Lot Split Amendment to Wildridge PUD amendment application after conducting a separate public hearing following a hearing with PZC. Applications for Major Development Plan Review ("MJR") and Alternative Equivalent Compliance ("AEC") require a public hearing with the PZC, with the purpose of reviewing and rendering a decision on the application. No hearing with Avon Town Council is required for MJR or AEC applications. The Subdivision application is included as an exhibit in order to present all relevant information for this proposed project. 1iffffi�ff\��i PROPERTY DESCRIPTION: 2332 Fox Lane is the only undeveloped property on Fox Lane, a cul-de-sac with ten residential lots, near the southern -most point in Wildridge. Fox Lane is only accessible from Saddle Ridge Loop. The 34,412 square foot site (.79 acres) includes native grasses, sagebrush, and young trees. The terrain is characterized by steep topography sloping down towards the north, which presents views of the mountains and hillside in that same direction. Views to the south are limited by elevated, natural terrain and residential development of properties across the Fox Ln cul-de-sac. A residential lot to the west includes a duplex on three unique parcels. Residential lots to the northeast as separated from the project site via a steep gulch. PROJECT DESCRIPTION: The applicant has submitted plans to subdivide the property into two lots and construct two single-family homes on each new lot. The proposed lots are identified as 66A and 66B respectively. Lot 66A is proposed as a 19,225 square foot lot to include a 2,121 square foot home. Lot 66B is proposed as a 15,199 square foot lot to include a 2,768 square foot home. The project proposes a single driveway access from the 66A lot, and an access easement for Lot 66B is included on the proposed plat for the site. With the exception of the driveway and snow storage, the two homes are not physically connected. The proposed home on Lot 66A includes a main level and a lower level. The proposed home on Lot 66B includes a main level, upper level, and lower level. Like many homes in Wildridge, the buildings are designed to "fit" into the hillside. PUD24002, MJR24003, & AEC24002 May 13, 2024 Page 2 of 17 A AvonCOLUHADO Figure 2 - Wildridge Vicinity Map PUD24002, MJR24003, & AEC24002 May 13, 2024 Page 3 of 17 A AvonCOLUHADO Figure 3 - Project Site Looking North, with View of Gulch from Fox Lane Figure 4 — Building Elevation for Proposed Home on Lot 66A Demonstrating "Fit" Into Hillside PUBLIC NOTIFICATION & COMMENTS: Notice of the public hearing was published in the Vail Daily in accordance with Sec. 7.16.020(d) of the Avon PUD24002, MJR24003, & AEC24002 May 13, 2024 Page 4 of 17 A Avo n Co� UHADO Development Code (ADC). Mailed notice is required for a Lot Split Amendment for Wildridge PUD, and was sent to properties within 300' of the proposed development site in accordance with Sec. 7.16.020(d) of the Avon Development Code (ADC). Public Comment was received via email and included as an attachment with this application. PLANNED UNIT DEVELOPMENT REVIEW CRITERIA § 7.16.060(e)(4), Review Criteria The PZC and Town Council shall consider the following criteria as the basis for a recommendation or decision to rezone a property to PUD overlay, approve a preliminary PUD plan or process a PUD amendment: The PUD addresses a unique situation, confers a substantial benefit to the Town and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/ vegetation preservation; efficient provision of streets, roads and other utilities and services; or increased choice of living and housing environments; Staff Response: The PUD amendment to split the lot represents an improvement to the housing environment when compared to a scenario where the lot remains intact and either a single-family home or duplex is constructed, or the lot remains undeveloped. Duplexes in Wildridge have presented challenges to the Town as well as the residents of the duplexes themselves. These challenges include neighborly disputes over shared common elements such as parking, cases of vandalism between neighbors, and resulting arrests that demand time and energy from the Avon Police Department. The opportunity to construct two homes rather than one or none presents increased housing stock in a time and place where housing inventory is limited. ii. The PUD rezoning will promote the public health, safety and general welfare; Staff Response: The PUD Amendment to split the lots promotes public health by adding housing inventory in the upper Eagle Valley, limiting a potential commute and increasing access to Avon, for someone who would otherwise need to look for housing in a neighboring community or beyond. iii. The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code and the eligibility criteria outlined in Subsection 7.16.060(b); Staff Response: In reviewing the compatibility of this project with the Avon Comprehensive Plan, Staff finds that these two proposed homes in Wildridge generally align with most of the cited "Avon Values," policies, and guiding principles. More specifically, the following statements reflect the intentions of the proposed development when considering location, design, and aesthetics: • Respect the Natural Environment. Enhance Avon's strong connections to its spectacular scenery, magnificent natural surroundings, and ample outdoor recreational opportunities. • Have a Distinctive Built Form. Develop a hierarchy of built forms that reflects the importance of the Town Center in the community. High quality design and finishes will exist throughout the community. PUD24002, MJR24003, & AEC24002 May 13, 2024 Page 5 of 17 A Avo n Co� UHADO • Enhance the Sense of Place and Character. Create a developed community made up of smaller residential neighborhoods and a thriving Town Center that collectively provide a unique sense of place and charm enjoyed by year-round residents and visitors alike. • Promote Diversity. Strengthen a total environment that is supportive of and attainable to a diverse community. The community is the sum of its parts and a healthy and vibrant community must welcome and encompass people with a wide range of backgrounds, interests, vocations, family status, and economic means. These elements help in achieving the vision of this Plan. Future Land Use and Planning Area The Avon Comprehensive Plan's Future Land Use Map designates the property as Residential - Low Density, and includes this area as part of District 11: Northern Residential District. Single-family homes are appropriate for Residential — Low Density areas, and this application is consistent with the proposed future land use in Avon. The Avon Comprehensive Plan applies prescribes that landscaping "should reflect the area's dry climate and typically steep terrain with low water -requiring plant materials and natural landscaping. The application includes a landscaping plan demonstrating the Fire -Free -Five recommendation from the Fire Protection District, to have all trees and plant material at least five feet from the building envelope. Additionally, plants and shrubs are consistent with water -wise, sun -intense recommendations for the area, and only 250 square feet of the total 912 square feet of irrigated area represents spray irrigation. Under Planning Principles, the following statements are also relevant to this development: Encourage and support development that prohibits significant alteration of the natural environment as well as ridgeline and steep slope development. This area should be highly sensitive to visual impacts of improvements, wildlife preservation, and lighting. The proposed subdivision and subsequent homes acknowledge the increasingly steep topography towards the north of the site. The two homes are proposed to be built close to the road, and the shared driveway concept limits disturbed areas on the site. No fences are proposed with this project, and the lighting is dark -sky compliant. Policies of the Avon Comprehensive Plan The following are applicable sections of the Avon Comprehensive plan that relate to this project: Policy 8.2.2: Promote a wide range of residential uses throughout the Town. Policy C.1.2: Ensure compatible architectural features between adjacent buildings. Policy E.1.2: Encourage private development and partnerships that provide a diversity of housing for local working families. Policy G.3.2: Enforce the use of "Dark Sky" compliant fixtures. PUD Eligibility Criteria All of the following criteria must be met for a property to be eligible to apply for PUD approval: (1) Property Eligible. All properties within the Town are eligible to apply for PUD approval. (2) Consistency With Comprehensive Plan. The proposed development shall be consistent with the PUD24002, MJR24003, & AEC24002 May 13, 2024 Page 6 of 17 A Avo n Co� UHADO Avon Comprehensive Plan. (3) Consistent With PUD Intent. The proposed development shall be consistent with the intent and spirit of the PUD purpose statement in Subsection 7.16.060(a). (4) Compatibility With Existing Uses. The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in the Development Code or planned for in the Avon Comprehensive Plan. (5) Public Benefit. A recognizable and material benefit will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be infeasible or unlikely. (6) Preservation of Site Features. Long-term conservation of natural, historical, architectural or other significant features or open space will be achieved, where such features would otherwise be destroyed or degraded by development as permitted by the underlying zoning district. (7) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses in the PUD projects and to ensure compatibility between uses and the surrounding neighborhood. The proposed project meets the criteria above. The lot is a property in the Town, is consistent with the Avon Comprehensive Plan, and consistent with the PUD intent of the PUD purpose statement. The purposes listed in Subsection 7.16.060(a) are as follows: (1) To promote and permit flexibility that will encourage innovative and imaginative approaches in land development and renewal that will result in a more efficient, aesthetic, desirable and economic use of land while maintaining density and intensity of use consistent with the applicable adopted plans, regulations and policies of the Town; (2) To promote development within the Town that can be conveniently, efficiently and economically served by existing local utilities and services or by their logical extension; (3) To promote design flexibility, including placement of buildings, use of open space, pedestrian and vehicular circulation systems to and through the site and off-street parking areas in a manner that will best utilize potential on -site characteristics such as, topography, geology, geography, size and proximity; (4) To provide for the preservation of historic or natural features where they are shown to be in the public interest, including but not limited to such features as: drainage ways, floodplains, existing topography or rock outcroppings, unique areas of vegetation, historic landmarks or structures; (5) To provide for compatibility with the area surrounding the project site; (6) To provide for usable and suitably located open space such as, but not limited to, bicycle paths, playground areas, courtyards, tennis courts, swimming pools, planned gardens, outdoor seating areas, outdoor picnic areas and similar open space; (7) To minimize adverse environmental impacts of development; (8) To improve the design, quality and character of new development; and (9) To provide compensating community benefits to offset any impacts of the development and in recognition of design flexibility. Much of the purpose statement applies to a newly proposed PUD, rather than a PUD amendment like the proposed lot split in this application. The original PUD intends to guide development in Wildridge, mostly residential. The proposed Lot Split in Wildridge builds on this intention, but understandably does not directly execute each of these purposes. The lot split does provide compatibility with surround PUD24002, MJR24003, & AEC24002 May 13, 2024 Page 7 of 17 A Avo n Co� UHADO properties by reducing the potential for construction of a single-family home sized at a scale that appears inappropriately expansive for the Wildridge neighborhood and Fox Lane specifically. iv. Facilities and services (including roads and transportation, water, gas, electric, police and fire protection and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development, Staff Response: This property is included in the Upper Eagle River Water Authority and the Town confirmed in 2023 that properties in Wildridge, including those that can accommodate duplex lots, have water allocation from the Eagle River Water and Sanitation District ("ERWSD"). Gas, electricity, waste services and emergency services are all available to this site. v. Compared to the underlying zoning, the PUD rezoning is not likely to result insignificant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife and vegetation, or such impacts will be substantially mitigated, Staff Response: Wildridge currently represents a balance of residential development and the natural environment. The lot split will not result in adverse impacts to wildlife or the air, water, noise, stormwater management, vegetation or wildlife that is otherwise thriving in the area. vi. Compared to the underlying zoning, the PUD rezoning is not likely to result insignificant adverse impacts upon other property in the vicinity of the subject tract; and Staff Response: Fox Lane and the portion of Saddle Ridge Loop near the proposed development is largely comprised of duplex and single-family homes with similar building footprints, and distances from neighboring residential development. The proposed lot split and homes appear consistent with the existing homes and their integration with the local environment. vii. Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Staff Response: The future use of the subject tract is proposed as two single-family homes. Properties in the vicinity have duplex and single-family homes with similar building footprints. The proposed homes appear consistent with the existing homes and their integration with the local environment. PUD24002, MJR24003, & AEC24002 May 13, 2024 Page 8 of 17 A Avo n Co� UHADO Figure 5 - Proposed Homes Superimposed on Map of Existing Neighborhood PLANNED UNIT DEVELOPMENT REVIEW CRITERIA § 7.16.060(h)(4), Additional Review Criteria The PZC shall review a Lot Split Amendment to the Wildridge PUD application and Major Amendments in the Wildridge PUD that include a Lot Split according the following criteria in addition to the review criteria for a preliminary PUD development plan: i. The application results in less total site coverage and contains restrictions on building envelopes when deemed appropriate to minimize site coverage; Staff Response: With the exception of "Non -developable Areas" identified on the plat, the Wildridge PUD does not include restrictions on building envelopes, nor does this application. Staff has included a condition for a building envelope that restricts future development on the site, which can be included as a condition of approval for this application. ii. Driveway disturbance is minimized and a shared driveway curb cut is utilized when feasible and when a shared driveway curb cut would reduce site disturbance; Staff Response: The plat presents the opportunity for a shared driveway and shared driveway curb cut, and both are present on the subsequent MJR application for the two proposed single-family homes. PUD24002, MJR24003, & AEC24002 May 13, 2024 Page 9 of 17 A Avo n Co� UHADO iii. Areas not appropriate for development are designated on the PUD plan; Staff Response: The Wildridge PUD identifies "Non -developable Areas" on certain parcels, and staff would support the designation of the northern portion of this lot as a Non -developable Area. iv. The proposed development of the site avoids disturbance of slopes greater than thirty percent (30%) or reduces potential disturbance of slopes greater than thirty percent (30%) compared to the existing PUD designation; and, Staff Response: The site represents more than forty feet of elevation increase from the northern to southern most point however, no portion of the lot appears to include slope greater than thirty percent (30%). v. The PUD plan incorporates requirements and/or restrictions as deemed appropriate to minimize or mitigate impacts to properties in the vicinity, including but not limited to: (A) enhanced landscaping; (B) increased building setbacks (i.e. minimum twenty (20) feet separation between buildings and a minimum ten (10) feet setback between properties); (C) designated building footprints; (D) building height restrictions; and, (E) designated architectural massing, including building square footage designation." Staff Response: A landscaping plan that included water -wise plantings and thoughtful placement of new trees (away from the building envelope and out of areas with intense sun -exposure). The proposed homes are more than twenty-five (25) feet apart, and the minimum ten (10) foot setback is applied however, these are not requirements incorporated on the plat. Nor does the plat incorporate building height restrictions or a building square footage designation. Staff recommends a condition for restrictions for future development on the site represented on the plat in order to meet this code requirement. PLANNING ANALYSIS Lot Coverage, Setback and Easements: All setbacks, easements, and height requirements are adhered to with the design plans. The universal setbacks are established via the original Wildridge PUD, and are platted to function like a building envelope. The triangular shape of proposed Lot 66B could make defining the northeast boundary as either a rear or side setback challenging in some instance however, the developer has platted the northeast boundary as a rear setback, consistent with Lot 66A. Setbacks in are as follows: 2332A — 66A 2332B — 66B Front 25' Front 25' Side W 10' Side W 10, Rear 10, Rear (NE) 10, There are no "Limits of Disturbance" present on this site. PUD24002, MJR24003, & AEC24002 May 13, 2024 Page 10 of 17 A Avo n Co� UHADO Use: The Wilridge PUD permits two dwelling units on this lot. Short Term Rentals (STR) are not permitted under the current PUD in Wildridge. Inclusionary Zoning: The Application is not subject to Employee Housing mitigation standards outlined in Avon Development Code Section 7.20.100. Building Height: The proposed home on 66A is 34' 1", at its maximum height. The proposed home on 66B is 34' 11 3/a at its maximum height. The maximum building height permitted for this property is 35 feet, and the designs adhere to this limitation. The height must be verified during the building process with foundation and framing Improvement Location Certificates (ILC). Pursuant to the PUD for Wildridge, 7.28.090(e)(2): Building Height on Steep Slopes. Determining building height on steep slopes has frequently resulted in three-story walls on the downhill side that create an overbearing presence on properties below. Therefore, the visual impact of building height and massing on lots with steep slopes shall be reduced by articulating the building facades and creating proportional stories in a multi -story building. The proposed home on Lot 66B includes plans for three levels however, the stories are proportional and staff feels that the structure will not create a negative visual impact or overbearing presence on properties below or near the structure. Parking: The Development Code requires two (2) spaces per unit. The project includes garage parking and surface spaces in front of the garage. The Code requirements have been met. 4-Sided Design: The side and rear elevations of all structures include equal care and quality as compared to the front of the buildings. Staff observes four-sided design requirements on both home designs included on the plans, demonstrated by the appearance of windows, doors, railings, decks, roof angles and a variety of exterior materials applied that make the proposed structures interesting from all angles. Snow Storage: Snow storage areas are identified on the plans and meet the required area however, staff is unaware of an agreement for maintenance responsibilities between the two proposed lots. Staff recommends an agreement that identifies maintenance responsibilities and a cost -sharing structure, is drafted, signed, and submitted to the Town as a condition for a building permit. DESIGN STANDARDS ANALYSIS Landscaping: The application includes a landscaping plan demonstrating the Fire -Free -Five requirement included in Avon Development Code, Section 7.28.050(f), to have all trees and plant material at least five feet from the building envelope. Additionally, plants and shrubs are consistent with water -wise, sun -intense recommendations for the area, and only 250 square feet of the total 912 square feet of irrigated area represents spray irrigation. Fences: None are included with this application. Building Design, Building Materials and Colors: The proposed materials include a combination of rock veneer siding, stucco, and wood siding/trim, with timber accents. Avon Development Code Section PUD24002, MJR24003, & AEC24002 May 13, 2024 Page 11 of 17 A Avo n Co� UHADO 7.28.090(c)(3), Building Materials, requires the use of "high quality, durable building materials", and "preferred materials reflect the Town's sub -alpine character such as native stone, wood siding, masonry or timbers." All of these materials are considered with this design. The colors meet Light Reflective Value (LRV) standards and are all earth tone. Both residences will have identical components. See next page for sample boards. Exterior Lighting: The exterior light fixture selected for the project is a down cast, modern fixture style and in compliance with the Outdoor Lighting Ordinance. It is a full cutoff fixture and fixture is Dark Sky compliant and engineered to minimize light glare upward into the night sky. fj r !I PUD24002, MJR24003, & AEC24002 May 13, 2024 Page 12 of 17 A Avo n Co� UHADO Roof Material and Pitch: The roof material and pitch were reviewed for compliance with Sec. 7.28.090(d) (3) Roofs. Shed roof forms are presented for each building. Pitches are varied to include 2:12, 3:12 and 4:12 across the two proposed homes. The plan for the home on Lot 66A proposes a combination synthetic roofing materials only, with 3:12 and 4:12 roof pitch exclusively. The proposed home on Lot 66B includes metal roofing materials with 2:12 roof pitch, and roof areas with roof shake are 3:12 and 4:12 roof pitch. The roof shake product (Timberline High -Definition Shingles from GAF) is a composite material with a Class A fire rating that also contains UV blockers to prolong the life of the materials. These shingles are sealed to decrease wind -risk. Roof pitches between 1:12 and 3:12 are currently not permissible by the Avon Municipal Code, with the exception of 3:12 roof pitch for metallic roofs. The applicant has submitted an AEC application as part of this proposal in order to initiate review from the PZC for an alternative design. ROOF REGULATIONS: Section 7.28.090(c)(4), of the Avon Municipal Code offers the following intent and design of roofs in the Town of Avon: . Roofs: (i) All residential buildings shall have pitched roofs with a rise of not less than four (4) inches in twelve (12) inches of distance. Primary roofs shall have a four -to -twelve (4:12) minimum and a twelve -to -twelve (12:12) maximum. Secondary roofs shall have a four -to -twelve (4:12) minimum and metal roofs shall have a three -to -twelve (3:12) minimum. Flat roofs may be permitted as secondary roofs or if the flat roof is consistent with the architectural style of the building. (ii) All buildings shall incorporate roofline modulation. (iii) Large expanses of bright, reflective materials are not permitted; however, standing seam metal, copper or weathering steel (corten) may be acceptable. Staff Response: The proposed roof is at a 2:12 and 3:12 pitch, representing a flatter roof than is permitted by Avon Municipal Code. Roof pitch guidelines within design standards are typically set to uphold a specific aesthetic, and reduce the impacts of weather, specifically snowmelt. Residential structures in Wildridge are not subject to different roof standards than the rest of the Town. An application for Alternative Equivalent Compliance, as a means to approve the roof pitch design not currently permitted by the Avon Municipal Code, is included with this application. ALTERNATIVE EQUIVALENT COMPLIANCE — CRITERIA: §7.16.120, Alternative Equivalent Compliance: Alternative equivalent compliance is a procedure that allows development to meet the intent of the design - related provisions of the code through an alternative design. It is not a general waiver or weakening of regulations; rather, this application procedure permits a site -specific plan that is equal to or better than the strict application of a design standard specified in the Development Code. This procedure is not intended as a substitute for a variance or administrative modification or a vehicle for relief from standards in this Chapter. Alternative compliance shall apply only to the specific site for which it is requested and does not establish a precedent for assured approval of other requests. REVIEW CRITERIA: §7.16.120(d): PUD24002, MJR24003, & AEC24002 May 13, 2024 Page 13 of 17 A Avo n Co� UHADO 1. The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; Staff Response: The proposed 2:12 and 3:12 roof pitch is adequately sloped for snowmelt, and is likely a visually -imperceptible modification to the allowed 4:12 roof pitch for roofs 2. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; Staff Response: The proposed plans improve sun exposure for the home and break up building mass (Policy C.1.3) 3. The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and Staff Response: The proposed plans, specifically the raised roof and larger door / window increase sunlight to the home, which can potentially reduce energy used to heat the home. 4. The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Title Staff Response: The proposed plans do not negatively impact surrounding properties, functionally nor visually. MAJOR DEVELOPMENT PLAN - CRITERIA: § 7.16.080(g), Development Plan 1. Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; Staff Response: The application generally complies with the applicable purpose statements outlined in the Development Code. Purpose (1) states, "Promote architectural design which is compatible, functional, practical and complimentary checking to Avon's sub -alpine environment". The architecture is compatible with other neighboring development with large amounts of stone, wood siding, and timber accents. 2. The design conforms with the Avon Comprehensive Plan and other applicable, adopted plan documents; Staff Response: The site is located in 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." While the planning principles listed for District 11 target subdivision enhancements, this district does encourage developments that, "prohibits significant alteration of the natural environment... and steep slope development. The Wildridge PUD does not prescribe a limit of developable area as a percentage of the entire lot. Staff feels that the size of the building footprints are in scale with other PUD24002, MJR24003, & AEC24002 May 13, 2024 Page 14 of 17 A Avo n Co� UHADO homes in the vicinity. 3. Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; Staff Response: The Applications includes a PUD Amendment (PUD24002) and resubdivision application (SUB24002) that intend to exchange the single -duplex lot and reconfigured it into two, single- family lots. These proposed homes would be consistent with those approvals and adhere to the restrictions placed on the plat. 4. Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; Staff Response: The application demonstrates compliance with Chapter 7.20, Zone Districts and all applicable use standards from Chapter 7.24. No deviation from the Wildridge PUD are proposed with this application. 5. That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services; and Staff Response: The Public Works department did not present concerns related to this development during the review process. 6. 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. Staff Response: Community character refers to the distinct identify of a place; the collective impression a neighborhood or town makes on residents and visitors. The Properties are located at in a well established single-family/duplex subdivision (Wildridge). The overall character of this development is consistent with other architectural statements by incorporating articulated building facades, terracing, use of natural materials, limiting landscaping, and by leaving a large area of natural terrain undisturbed. OPTIONS: PZC has the following options: • Approve as outlined below; • Approve with modified findings and conditions; • Continue application to future meeting pending additional details or studies; or • Deny, or recommend denial of application(s), after formulating justifiable findings. PUD24002, MJR24003, & AEC24002 May 13, 2024 Page 15 of 17 A Avo n Co� UHADO PUD24002 FINDINGS: Staff Recommended Findings: The Lot Split Amendment incorporates creative site design that achieves the purposes of the Town's Development Code. The two proposed homes are an improvement to what could be accomplished if the lot remained one, and allows for a more harmonious setting for two home- owners to co -exist without shared amenities that can cause disputes previously observed by Staff in traditional duplex housing in Wildridge; The Lot Split Amendment promotes public health, safety and general welfare by adding housing inventory in a time and location where housing is limited; The Lot Split Amendment is consistent with the Avon Comprehensive Plan, promoting compatible architecture and increasing the diversity of housing; Facilities and services (including roads and transportation, water, gas, electric, police and fire protection and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; The Lot Split Amendment will not result in negative impacts to the natural environment. Wildlife currently thrives in Wildridge despite residential development, and the Town has promoted assessment of native vegetation that could increase wildfire risk that this development accomplishes; The Lot Split Amendment is not likely to result in significant impacts on other properties in the vicinity; Future uses on the subject lots will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject lots. The proposed homes included in this application are sized and scaled to look and feel similar to other homes on Fox Lane and Saddle Ridgel Loop. PUD24002 RECOMMEND MOTION: "I move to recommend approval of Case #PUD24002, a Lot Split Amendment to Wildridge PUD, based on the findings in § 7.16.060(e) (4) outlined in Staffs report, and the following conditions:" Staff Recommended Conditions: 1. Access and maintenance agreement for the shared driveway and storage area to be recorded prior to signature of the Minor Subdivision plat. 2. "Limits of disturbance" are assigned to the northern portion of the lot, and designated on the plat prior to signature and recording. AEC24002 FINDINGS: Staff Recommended Findings: 1. The proposed application was reviewed pursuant to 7.16.120, Alternative Equivalent Compliance; 2. The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; 3. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; PUD24002, MJR24003, & AEC24002 May 13, 2024 Page 16 of 17 A Avo n Co� UHADO 4. The proposed alternative results in benefits to the community that are equivalent to or better than the compliance with the subject standard; 5. The proposed roof design and project overall do not impose greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Avon Municipal Code ("AMC"). AEC24002 RECOMMEND MOTION: "I move to approve Case #AEC24002, an Alternative Equivalent Compliance application for roof pitch, based on the findings in section §7.16.120(d) as outlined in Staffs report." MJR24003 FINDINGS Staff Recommended Findings: 1. The proposed application was reviewed pursuant to §7.16.080, Development Plan, and the design meets the development standards established in the Avon Development Code; 2. With conditions, the application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. The demand for public services or infrastructure exceeding current capacity is mitigated by the application; and 6. The design relates the development to the character of the surrounding community. MJR24003 RECOMMEND MOTION: "I move to approve Case #MJR24003, a Major Development Review application, based on the findings in section §7.16.080(g) as outlined in Staffs report, with the following conditions:" Staff Recommended Conditions: 1. Us are required to confirm building height. 2. An executed Access and Maintenance Agreement that includes, but is not limited to, maintenance, snow storage, parking, be recorded prior to the recording of the corresponding subdivision plat. 3. Lights in the recessed lighting fixtures shall not create a glare or nuisance from neighboring property owners. Lower wattages or diffusers are required for these fixtures if glare is detectable. 4. Approval is contingent upon approval of file PUD24001 by the Avon Town Council, and satisfactorily addressing any conditions related thereto. Thank you, Max ATTACHMENTS: A. Application Materials PUD24002, MJR24003, & AEC24002 May 13, 2024 Page 17 of 17 ATTACHMENT A -Application Materials TOWN OF AVON /A�t PRE -APPLICATION SUMMARY , -- 0 n C. 0 L O R A C) 0 TO: Bobby Ladd, bobby@ralarch.com FROM: Max Morgan, MURP, Town Planner DATE: 2.8.2024 RE: 2332 Fox Lane / 4644 North Point Subdivision and New Homes The purpose of this memorandum is to document review procedures and determinations necessary to move forward with this development application. This summary is also provided to document the pre -application procedural requirement outlined in Avon Development Code 22tian :7..1.6.,.0200), Step 1: Pre -Application Conference. SUMMARY, COMMENTS, AND DETERMINATIONS: Summary. On February 6, 2024, Bobby Ladd attended a preliminary pre -application meeting with Planning Manager Jena Skinner, AICP, and Town Planner Max Morgan, MURP. Mr. Ladd shared plans for two development projects in Wildridge, and advised that construction logistics suggest that these projects are compatible and should be pursued concurrently. Draft property layouts were presented, and a general discussion about the project layout and considerations to enhance the plan were presented and discussed. This memo addresses aspects of the meeting and should help guide the development application submittals that are pending. PROCESS. Based on review of the plans and narrative, the following applications and reviews will be necessary for both proposed projects respectively: APPLICATIONS / AGREEMENTS 1. PUD Amendment in Wildridge. Review Procedures. The general procedures set forth in„S,g,ctian;71,,�},,;020,, General procedures and requirements, shall apply to Lot Split Amendments to Wildridge PUD applications. The PZC shall review all Lot Split Amendments to Wildridge PUD amendment applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision, through a resolution, on a Lot Split Amendments to Wildridge PUD amendment application after conducting a public hearing • Administrative Subdivision. Administrative subdivisions shall be required to obtain approval for a preliminary plan and for a final plat. See Subdivisions, Section 7.1,6.070 2. Minor Subdivision (Same process listed above) 7.16.070(b)(2) Minor Subdivisions. Minor subdivisions include all subdivisions which would create less than four (4) separate parcels of land, subdivisions which do not require or propose public improvements, subdivisions which consolidate two (2) or more lots into a single lot in a previously recorded subdivision plat and subdivisions which move any lot lines by more than two (2) feet; but shall not include subdivisions which are administrative subdivisions. Condominium and timeshare subdivisions more than four (4) units which do not propose public improvements shall be processed as minor subdivisions.. • Review Procedures. 7.16.070(d)(2) Minor Subdivision. Minor subdivisions shall require final plat review and approval only where no public improvements are proposed; however, the review criteria for a preliminary plan shall apply to review of minor subdivision final plats in addition to ATTACHMENT A -Application Materials the review criteria for a final plat. The Director shall review and render decisions on minor subdivisions. A decision of the Director may be appealed to the Town Council pursuant to 7.1.1 Appeal. 3. Major Development Plan Major development plans include all new building construction over six hundred (600) square feet. Review Procedures. The general review procedures described in Section 7.16.020, General procedures and requirements, shall apply to development plan applications. The Director shall review and provide a recommendation to the PZC on all major development plan applications. The PZC shall render the final decision on a major development plan, unless the application is located within the Town Core. The decision of the PZC may be appealed to the Town Council pursuant to Section 7.16.180, Appeal. If an application is located within the Town Core, the Director shall review and provide a recommendation to the PZC. The PZC shall review and provide a recommendation to the Town Council. The Town Council shall render the final decision on a major development plan within the Town Core. 4. Alternative Equivalent Compliance (if applicable). Alternative equivalent compliance is a procedure that allows development to meet the intent of the design -related provisions of this Chapter through an alternative design. This application is appropriate for fencing in Wildridge that does not meet the development standards. Review Procedures. The PZC shall review all alternative equivalent compliance applications that have a concurrent minor development plan application SUBMITTAL REQUIREMENTS. Please see attached file that summarizes our understanding of submittal requirements to be submitted with the application. If you feel a certain item is not applicable, please just note it within the application submittal. FEES • Minor PUD Amendment - $650 • Administrative/Minor Subdivision - $250 • Major Development Plan - $425 • Alternative Equivalent Compliance - $250 MISC. COMMENTS AND QUESTIONS: Please do not hesitate to call me at 970-748-4014 if I may be of further assistance regarding this application. I'm looking forward to working with you and getting the project to the finish line. Respectfully, Max Morgan, MURP Town Planner Town of Avon, CO ATTACHMENT A -Application Materials NOTE: The informal evaluation of the plans and information provided at the pre -application conference is not binding upon the applicant or the Town. Critical issues relevant to a development application may not be apparent at the pre - application conference and may require additional review, submissions, or studies later in the application process. ATTACHMENT A -Application Materials B. Ladd Wildridge (Fox Ln & North Pt) Projects Application Checklist GENERAL SUBDIVISION CHECKLIST ,(Farm2..2an be found„here), ❑ Land Development Application completed and signed by applicant and property -owner. ❑ Fees All applicable filing fees. ❑ Signed Acknowledgement to Pay form ❑ Property Ownership Disclosure. The disclosure of ownership must be dated within two (2) months of the application submittal. ❑ Affidavit of Property Owner's List ❑ Public Notices ❑ Authorized Representative Form if applicant is not the property -owner. ❑ Certification of Title / Title Report including Schedules A&B ❑ Written Statement briefly describing the project. Explain its purpose and how it satisfies the findings required by the Land Development Code. ❑ Site Photographs Provide adequate photos to show entire project site and all adjacent buildings. Where possible, take wide-angle shots showing project site and adjacent buildings together. Color preferred. ❑ Survey Plat of the property; no more than three (3) years old, stamped by a surveyor licensed in the State of Colorado. ❑ Site Plan (see Site Plan Requirements checklist) ❑ Address Application ❑ SFE Water Allocation Assigned to the Property (see Development Agreement for some info). ❑ Utility Approval and Verification Form (attached) ❑ Preliminary Plan for Subdivision ❑ Final Plat (see Final Plat Requirements checklist) ❑ Erosion and Sediment Control Plan. Applies to any disturbance within 100 ft of a stream, all grading unless waived by the Town Engineer, all residential development disturbing more than a'/4 acre, all mixed use, commercial, industrial development, all proposed subdivisions and PUDs. Section 7.28.100(c), AMC. ❑ Revegetation and Land Reclamation Plan Applies to all parcels of land that will be altered from its natural condition by man-made activities. Section 7.28.100(c)(6) AMC. ❑ Geologic Hazard Study. As required pursuant to Section 7.28.100(e), AMC. ❑ Stormwater Drainage Report. Applies to any proposed development within 100 ft of a waterbody and to any other development creating 10,000 sf or more impervious surface area. Sec 7.32.100, AMC. ❑ Park Land Dedication. Any area zoned and to be used for residential purposes, including mixed use development, shall comply with the requirements of Sec. 7.32.090, AMC. ❑ Public Improvements Agreement. Any development proposing to construct or modify public infrastructure (includes, roads, sidewalks, utilities, parking facilities, trails, landscaping, lighting, shall comply with the requirements of Sec 7.23.100, AMC. ❑ Transportation Study. Any development proposal that generates 200 or more daily vehicle trip during an average weekday must submit a Transportation Impact Study (traffic study). ❑ Pre -Application Conference Summary ❑ Additional Requirements. May be required based on further review of the application: 0 Parking study, noise study, site distance diagrams, shadow study. ATTACHMENT A -Application Materials FINAL PLAT ❑ Prepared by a registered professional land surveyor licensed in the State of Colorado ❑ Mylar drawing (only final version must be on mylar) ❑ Sheet size of 24" x 36" with a 1" minimum margin on all sides for each sheet ❑ Drafted at a scale that best conveys the subdivision (1 "=50% 1 "=100', or 1 "=200') ❑ Title at the top of the sheet must include: • Name of the proposed subdivision or planned development • A general legal description • Total acreage, number of lots and tracts ❑ Include the following in a block in the lower right-hand corner: • Preparation date and date of revisions, if applicable • North arrow • Written and graphic scale • Names and addresses of the applicant, developer, engineer or surveyor • Sheet number and total number of sheets ❑ Vicinity map of the area to be subdivided and surrounding area within a 1-mile radius ❑ A written legal description of the subdivision limits and boundaries ❑ Identify the names and locations of all abutting subdivided parcels, unplatted parcels and public lands ❑ Display ties to section corners ❑ Identify and label all lots, tracts and appropriate building envelopes, if requested by staff, with the appropriate dimensions including the acreage within each lot to the nearest 0.01 of an acre ❑ Indicate all road names, and provide dimensions for the width of all rights -of -way ❑ Describe the purpose, widths and locations of all easements and abutting easements ❑ Accurately locate 100-year floodplain and other water or drainage ways ❑ Provide the following certificates on the title sheet: 1) Surveyor's Certificate 2) Town Certificate 3) Clerk and Recorders Certificate; and 4) Title Insurance Company or Attorney's Certificate ❑ Include plat notes explaining information pertinent to the ownership of tracts, reference the subdivision improvements agreement and conservation easements, maintenance responsibility for private roads, and easements. OTHER SUBMITTAL REQUIREMENTS (To Be Determined by Town Engineer) ❑ Plans & Reports dated & signed by appropriate Professionals: ❑ Legal Description and Maps - Registered Surveyor ❑ Utility, road, grading & drainage plans - Professional Engineer ❑ Soils Reports - Soils Engineer ❑ Landscape Plans - Licensed Architect or Professional Landscape Architect ❑ Geologic Reports - Registered Geologist ❑ Wildfire Reports - Professional Forester ❑ Supplemental Plan for Roads & Drainage: ❑ General Grading Plan • Existing & revised contours • Proposed retaining structures ❑ Cross -sections at potentially difficult grade relationships ❑ Street plan & profiles r ATTACHMENT A -Application Materials • Intersections with existing streets • Existing & proposed drainage areas & easements crossing or parallel to road • Areas of high water table, unsuitable soils & other geological hazards • Typical cross -sections showing road widths, driving surface, shoulders, curbs & gutters, barrow ditches, cut & fill slopes to point of intersection with natural ground • Include extremities of all cut & fill areas • Supplemental sheets as necessary to illustrate all drainage, retaining and bridge structures to be part of roadway ❑ Drainage Study • Contour map showing all existing 7 proposed water courses • Computation of 10 & 100 year flows • Limits of 100 year floodplain on contour map • Computations for increase or decrease in flows resulting from development • Capacity & velocity through all drainage structures including open channels • Facilities for reduction of peak run-off and pollution control ❑ Utility Service & Fire Protection • Water supply, source, water rights & commitment for service • Sanitary sewer - commitment of service • Underground utilities, electric, gas, telephone & cable TV ■ Written evidence from utilities acknowledging proposed system & that design agreement has been reached ■ Written evidence that utilities will service the proposed subdivision • Compliance with International Fire Code ❑ Revegetation or Landscape Plan MAJOR DEVELOPMENT REVIEW (Otheritems in addition to those already requested above) ❑ Color and Material Board ❑ 24" x 36" minimum dimension, including photograph of board for file ❑ Include project address, architect's name, address, telephone/fax/email address ❑ All samples to include manufacture's name and item specification number (including catalog cut sheet or photograph of an existing installation may be accepted in place of product literature) ❑ Must include samples of all proposed exterior materials and colors, including materials for exterior window, siding, trim, roofing, flashing, etc. ❑ Colored Building Elevations ❑ 3-D Modeling studies (if applicable, according to Director or PZC) ❑ Supplemental Studies (if applicable, according to Town Engineer) ❑ Additional materials deemed necessary by Staff to determine the impact of the proposed modification will have on the health, safety and welfare of the Town. '93 ATTACHMENT A -Application Materiajs L) L) b W Eft 2-N E v 2 71 L. 94 tO aNa 2s, L9 ffi .6ZjI.ZD N lY tvv F oobeob.e,•8698 >mb �/�kI L 12p% fail11 -0' ilterials ;-3 - ovv�eo�'��o 53. NOAV d0 NMOL :,n `SuiAanan S ArJOI2I0'IIM `1 ?IOO'IS `99 .LO'I aSuea aio9 dVW DIHdV'd-DOdOl ogN N- EU I o = J \ \\ �La,�, �s5ti� IIII III ; I I I / / II I I/ L-� I T' 1—I� o i � \ W H U � � � H O o w Z Q J X O W 'a girt aa a a w - a - s �71m . i u TACHME -Application Materials 6 ! a a� 6 5 C� 0 1 ,4 / 1: Ia1 ��I 1 IS :yes I L/ -I-11=1—I-1 7—�LI-1—/—/—/— I / T �> 1 ti w � U U Q � � O � J V -oe. hod a N o a r a' °' F V TACHMEZ -Application Materials„ Materials a O O e 4'BI �a aft I Qd,1 a g gg 3s�.. :moo ` my9 i.. 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I ZI'.d 9 a m Zm 21 rcm )\ it ICI III S i S V -oe. hod a Q E A TACHME - Application Materials — 13 v n n �a as as x o w LLf o� o I I I a I s duean � I w I z I I � II II II Ji IIy II II t-,� II LJ------1 — II I I I I — II I — II I II II I I Irryl I I Yr II I II J, II I II U a E a m u I I I I I i I I I I iry p V.e..oa.o / Jul aft /:I / z z d = N y m a � w Q l9 Q O L r I II a I II — I I — I I I I I I I I I I I o I pal w I I I I I II I I I I I I I I I I I I I I I I tii I I I I I I I I I I I I I I w L 1 I I w I I I I I z I i I I I ti j� I I I I I I ❑ � ❑ I I II I I � I I � I I I I — I I o O I I I I I I elge�fiuwi0 I I I I d I I z I I I I � I I I I I I � I I I L__ I I I I I I I I I I II II I I I II II I I I II �� ♦ II !� �� I I I II II I I I II II I I . . . . .. . . . . TACHME -Application Materials --yu, �311:11!711111 U111, .......... TACHME Application Materials --yu, �311:11!711111 U111, kill TACHME -Application Materials 1-1 4'BI - __Lj - __Lj w - - N v�9aglcvv�a-4�� c ie aa��',wami V coesa od Q F a a V gTACHME N - Application Materials w a v c � 0 m N e Q Jul ID Z Z w w °9 9L tl p SA w — --Lj u O � C w III m J W i N i�� i r J W El J II Y I 9 I JI J Ir { F' Y II I I I II II II I I I I I I I II II I I II I I II I I I I II I I I I II I 7177 II II II I I I -' II I A II I I I I I II II I I J I IIIII IF I J I II I �I I IN I k Ir I II I II I I �I,Q II .......... F m a AC HME -Application Materials ATTACHMENT A -Application Materials Q u00 J co W IX a LU W to 1%IAm W N W O v W F to Z m j CO aQf7C , a nw� uV1Z0 N C W Q Z-i W a J a d to M .i v O M +j O ill ATTACHMENT A -Application Materials PO Box 133 RAL ARCHITECTS, INC. EAGLE, CO 81631 PHONE: 970.376.4227 EMAIL: BOBBYL@RALARCH.COM March 7, 2024 2332 Fox Lane Lot 66, Block 1, Wildridge Avon, CO 81620 Written Narrative AEC request - roof slopes less than 4:12 1. The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard. The proposed design incorporates primary roof slopes of 2:12. Flat roofs are permitted in consistent with the style of the building. A 2:12 roof slope creates a more contemporary roof design consistent with the contemporary design style of the building which meets the same degree of intent for the referenced design standard. 2. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard. The proposed flatter roof slope meets the intent of the Avon Comprehensive plan to the same degree as a steeper roof slope. One of the goals of the Avon Comprehensive plan states: Design four sided architecture that maximizes solar exposure, protects views, and breaks up building bulk. The flatter shed roofs are directed towards the south to maximize the solar exposure of the wall and windows and to best maximize the views from the property. The proposed plans include a slightly larger overhang on the south end of the shed roof to help with heat gain solar angles in the summer. 3. The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard. The proposed flatter shed roofs create for a lower roof and building height to minimize impact on adjacent properties. 4. The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with specific requirements of this Title. The Wildridge design criteria calls for a lower maximum height restriction for roofs flatter than 4:12 slope. The proposed flatter roof slopes would be held to a maximum height that is 5' less than steeper roof slopes creating a lesser impact on adjacent properties. ATTACHMENT A -Application Materials PO Box 133 RAL ARCHITECTS, INC. EAGLE, CO 81631 PHONE: 970.376.4227 EMAIL: BOBBYL@RALARCH.COM March 7, 2024 2332 Fox Lane Lot 66, Block 1, Wildridge Avon, CO 81620 Written Narrative This project entails splitting one existing duplex lot into two separate single family residence lots and structures. 1. Evidence of substantial compliance with the purpose of the Development Code. The application substantially complies with the purpose of the Avon Development Code. The existing density for the property is maintained falling within the previously contemplated impact on the Town of Avon infrastructure. By splitting the structure into two separate single family residences, the buildings are able to be stepped up the natural sloping terrain of the lot and maintain height and building sizes that are comparable to adjacent properties while maximizing the potential of the subject lot through view capture, building orientation, and drainage patterns. 2. Reserved N/A 3. The design conforms with the Avon Comprehensive Plan and other application adopted plan documents. The existing lot was conceived under the Wildridge PUD. The proposed design does not stray from the original goals of the Avon Comprehensive Plan and respects the existing criteria placed upon the lot for density and development intensity. 4. Consistency with any previously approved and not revoked subdivision plat, planned development or any other precedent plan or land use approval for the property as applicable. The existing lot was conceived under the Wildridge PUD. The proposed design does not stray from the original goals of the Avon Comprehensive Plan and respects the existing criteria placed upon the lot for density and development intensity. 5. Compliance with all applicable development and design standards set forth in this Code. Compliance with applicable Town Code development standards is demonstrated in the submitted documents. Where variances are requested, an Alternative Equivalency Compliance application has been submitted in support. 6. The development can be adequately served by city services. The development falls within allowable density and intensity that was originally used to calculate the entire Wildirdge subdivisions impact on city services. 7. The development design conforms with the character of the surrounding community. The size and scale of the proposed development is consistent with the surrounding community as demonstrated on the submitted drawings. A ATTACHMENT A -Application Materials Avonco" R All Avon Community Development Department 100 Mikaela Way PO Box 975 Avon, Colorado 81620 www.avon.org I/We permit %.... . (Authorized Representative name) to act as my/our representative in any manner regarding this application, to answer questions and to represent me/us at any meeting and public hearing(s) which may be held on this application. IME understand that the Town will send all correspondence to the authorized representative. It will be the representative's responsibility to keep the owner(s) adequately informed as to the status of the application. Signature Property Owner Name( 10ted J Address Phone Number A ATTACHMENT A -Application Materials / 11'11`L Avon Avon Community Development Departmer,: 100 Mikaela Way PO Box 975 Avon, Colorado 81620 www.avon.org L_A,,�, _I,nnt name) hereby certify that the attached list contains the names and .-,laresses OT all persons to whom all DrODertv is assessed as they appear on the latest available assessment roll of Eagle County within the area described on the attached application and for all properties within three hundred feet (300') from the exterior boundaries of the property legally described as: Lot and Z-42-A"Z— Street Address I certify e 7r ty of perjury the forgoing is true and correct. Signature - v� - -I- Date Fzoc 13 Address q-l()-- 4U-7 Rhone Number A .4von COLORADO Avon Community Development Department 100 Mikaela Way PO Box 975 Avon, Colorado 81620 www.avon.org ATTACHMENT A -Application Materials Disclosure of Property Ownership o If owner is an individual; indicate name exactly as it appears on the deed. Li If owner is a corporation, partnership, limited partnership, or other business entity, name principals on a separate page. Please include the articles of organization, partnership agreement, etc., as applicable. 11 If owner is a land trust, name beneficiaries on a separate page. 0 If applicant is a lessee, indicate the owner(s) on a separate page. F1 If applicant is a contract purchaser, attach a copy of the contract, and indicate the owner(s) on a separate page. Please provide the name(s), marling �ac�n �ss( s),.street address(es), and phone number(s) for a'/1 owners. Property Ownership Affidavit I/We, E-1 hereby certify and affirm that I am (we are) the owner(s) of the property described as and which is the subject of the application fbr—,—.. I (we) acknowledge that until paid, ALL LAND USE APPLICATION FEES, INCLUDING FEES FOR PROFESSIONAL REVIEW SERVICES, SHALL BECOME AND REMAIN A FIRST AND PERPETUAL LIEN ON OR AGAINST THE SUBJECT PREMISES. Executed this_A_day of _2Qtd (To be signed by all record owners). Signature.. Title.-, Mailing Address: ea�4 Phone Number: z�'70rt AVON PLANNING & ZONING COMMISSION MEETING MINUTES MONDAY, APRIL 22, 2024 ,N MEETING BEGINS AT 5:30PM Avon 1,00 IIIVIIIIIIEAIEII..A WAY .. AyolN C EUINC111.. CHAIVIIBEII S 1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON) MEETING COMMENCED AT 5:05PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS BRAD CHRISTIANSON, KEVIN HYATT, BILL GLANER, OLIVIA COOK AND ANTHONY SEKINGER WERE PRESENT. ALSO PRESENT WERE TOWN MANAGER, ERIC HEIL, TOWN ATTORNEY, ERICA ROMBERG, COMMUNITY DEVELOPMENT DIRECTOR MATT PIELSTICKER, AICP, PLANNING MANAGER JENA SKINNER, AICP, PLANNER II MAX MORGAN, DEVELOPMENT COORDINATOR, EMILY BLOCK, DIRECTOR OF URBAN DESIGN AND PLANNING FOR DTJ DESIGN, KEITH WALZAK. PROJECT MANAGER CARTER KELLER, REPRESENTING THE EAGLE RIVER WATER & SANITATION DISTRICT ("ERWSD") WAS PRESENT AS AN APPLICANT FOR AEC24003 AND MNR23003. COMMISSIONER TOM SCHAEFER WAS NOT IN ATTENDANCE. MEMBERS OF THE TOWN OF AVON DOWNTOWN DEVELOPMENT AUTHORITY WERE PRESENT FOR A PORTION OF THE MEETING, AND A COMPLETE ROLL CALL IS INCLUDED IN THE PORTION OF THESE MINUTES DETAILING THE DDA/ PZC JOINT SESSION. 2. APPROVAL OF AGENDA ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE AGENDA. COMMISSIONER HYATT 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. SRU24001 WALKIN' THE DOG BUSINESS OPERATION - TO BE IMMEDIATELY CONTINUED TO MAY 13, 2024-MAX MORGAN, PLANNER II 4.2. TMP24003 DIVAS TRAILERS CONSTRUCTION STAGING - MAX MORGAN, PLANNER II ACTION: COMMISSIONER HYATT MADE A MOTION TO APPROVE THE APPLICATION FOR TMP24003 AS PRESENTED IN THE STAFF REPORT, INCLUDING CONDITIONS. COMMISSIONER COOK SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0. 4.3. MNR23003 /AEC24003 EAGLE RIVER WATER & SANITATION DISTRICT FENCE IN WILDRIDGE -MAX MORGAN, PLANNER II ACTION 1: COMMISSIONER HYATT MADE A MOTION TO APPROVE THE APPLICATION FOR AEC24003 AS PRESENTED IN THE STAFF REPORT, WITH NO CONDITIONS. COMMISSIONER COOK SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0. ACTION 2: COMMISSIONER HYATT MADE A MOTION TO APPROVE THE APPLICATION FOR M NR24003 AS PRESENTED IN THE STAFF REPORT, WITH NO CONDITIONS. COMMISSIONER CHRISTIANSON SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0. 4.4. REZ24001 EAST AVON REZONING -JENA SKINNER, AICP, PLANNING MANAGER ACTION: COMMISSIONER HYATT MADE A MOTION TO APPROVE THE APPLICATION FOR REZ24001 AS PRESENTED IN THE STAFF REPORT WITH NO CONDITIONS. COMMISSIONER COOK SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0. 5. JOINT WORK SESSION WITH AVON DOWNTOWN DEVELOPMENT AUTHORITY /SUN ROAD AND EAST AVON SUBAREA MASTER PLANS - MATT PIELSTICKER, COMMUNITY DEVELOPMENT DIRECTOR ACTION: A ROLL CALL WAS DETERMINED AND MEMBERS OF THE TOWN OF AVON DOWNTOWN DEVELOPMENT AUTHORITY PRESENT INCLUDED DDA CHAIRPERSON TONY EMRICK, DDA TREASURER CHRIS NEUSWANGER, AND DDA MEMBERS GREGG COOPER, WAYNE HANSON, AND RICH CARROLL. PZC COMMISSIONER BILL GLANER IS ALSO A MEMBER OF THE DDA, AND WAS PRESENT FOR THE ENTIRE MEETING. DDA MEMBERS BRANDT MAROTT, ROB TARTRE, MATTHEW FITZGERALD, MARCUS LINDHOLM, AND SCOTT TARBET WERE NOT ATTENDANCE. ALTERNATE REPRESENTATIVE CHICO THUON WAS ALSO NOT IN ATTENDANCE, HOWEVER HIS ATTENDANCE WAS NOT EXPECTED AS COUNCILPERSON RICH CARROLL REPRESENTED THE AVON TOWN COUNCIL. NO FORMAL ACTION WAS PROPOSED OR TAKEN. KEITH WALZAK FROM DTJ DESIGN PRESENTED TO THE DDA / PZC IN ORDER TO RECEIVE FEEDBACK ON PROPOSED CONCEPTS FOR THE SUN ROAD AND EAST TOWN CENTER MASTER PLANNING EFFORTS. THE DDA AND PZC DISCUSSED THE CONCEPTS, ANTICIPATED OUTCOMES, AND INDIVIDUALS SHARED THEIR PREFERRED CONCEPTS FOR SUN ROAD AND EAST TOWN CENTER. THE DDA / PZC EXPRESSED MIXED SUPPORT FOR CONCEPTS RELATED TO SUN ROAD. ALL PRESENT MEMBERS OF THE DDA AND PZC EXPRESSED GREATER SUPPORT FOR A CONCEPT PROPOSING A STRAIGHT MAIN STREET FOR CONCEPTS APPLITED TO EAST TOWN CENTER (CONCEPT 2), AS OPPOSED TO A CURVED STREET DESIGN THAT INCLUDES A ROUNDABOUT (CONCEPT 1), WITH THE EXCEPTION OF DDA MEMBER CHRIS NEUSWANGER. MR. NEUSWANGER INDICATED HE PREFERRED THE CONCEPT WITH A CURVED MAIN STREET (CONCEPT 1) BECAUSE IT APPEARED CONSTRUCTION OF THE PROPOSED STREET LAYOUT WOULD HAVE FEWER IMPACTS TO EXISTING BUSINESSES, WHEN COMPARED TO CONCEPT 2. MR. NEUSWANGER ALSO RECOMMENDED A TRAFFIC STUDY FOR THE AREA. 6. CONSENT AGENDA 6.1. MARCH 25, 2024, PLANNING AND ZONING COMMISSION MEETING MINUTES 6.2. RECORD OF DECISION - MJR24001 EAGLEBEND POCKET PARK - MAX MORGAN PLANNER / MICHAEL LABAGH RECREATION DIRECTOR ACTION: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER COOK SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0. 7. FUTURE MEETINGS 7.1. MAY 13, 2024 (MONDAY - WITH PZC TRAINING) - COMMISSIONERS SEKINGER, COOK, AND CHRISTIANSON INDICATED THAT THEY ARE LIKELY TO BE ABSENT. 7.2. MAY 27, 2024 -NO MEETING -MEMORIAL DAY 7.3. JUNE 10, 2024 8. STAFF UPDATES 8.1. PZC APPOINTMENTS 8.2. EAGLEBEND POCKET PARK - TC 9. ADJOURN ACTION: COMMISSIONER SEKINGER ADJOURNED THE MEETING AT 7:58PM. 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 TYPE OF APPLICATIONS: PROPERTY LOCATION: FILE NUMBER: APPLICANT: April 22, 2024 Temporary Use Permit 332 E Beaver Creek Blvd TMP24003 Traer Creek Holdings No Trailers, LLC 1 LLC c/o Robynn Moore at Divas This Record of Decision is made in accordance with the Avon Development Code §7.16.010(F)(1) PZC DECISION ON #TMP24003: Approval with Condition TEMPORARY USE PERMIT FINDINGS: The application qualifies as a Temporary Use Permit subject to review according to §7.16.120 of the Development Code; With the exception of clarity of the requested time period for the permit, the application is complete; The application provides sufficient information to allow PZC to determine that the application is complete; The application complies with the goals and policies of the Avon Comprehensive Plan; and There is no extra demand for public services or infrastructure exceeding current capacity by this application. GENERAL CRITERIA FINDINGS: The development application for the park improvements is complete; The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; The development application for the park improvements complies with the goals and policies of the Avon Comprehensive Plan; and The demand for public services or infrastructure exceeding current capacity is mitigated by the development application. CONDITIONS: The approval is valid until December 1, 2024; Fencing and green mesh screening will be installed at the entirety of the subject site; Limitations on construction activities that produce audible noise at the property lines are limited to the hours of 9am-6pm on Sundays and holidays, and 7am-7pm on other days; Dust will be mitigated at all times; and No hazardous materials will be stored on the property. PZC Record of Decision: TMP24003 6. The access point onto East Beaver Creek Blvd. from this site and the area of actual roadway shall be maintained by the applicants. Any damage to this roadway caused by this temporary activity shall be the responsibility of the applicants. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: -YIF PZC Chairperson DATE: PZC Record of Decision: TMP24003 PLANNING AND ZONING COMMISSION FINDINGS OF FACT won AND RECORD OF DECISION CGLQHA[)Q DATE OF PUBLIC HEARING: April 22, 2024 TYPE OF APPLICATIONS: Alternative Equivalent Compliance / Minor Development Review PROPERTY LOCATION: 2120 Saddle Ridge Loop FILE NUMBER: AEC24003 / MNR23003 APPLICANT: Town of Avon, C/O Eagle River Water and Sanitation District This Record of Decision is made in accordance with the Avon Development Code §7.16.010(F)(1) PZC DECISION ON #AEC24003: Approval PZC DECISION ON #MNR23003: Approval ALTERNATIVE EQUIVALENT COMPLIANCE FINDINGS: The proposed application was reviewed pursuant to 7.16.120, Alternative Equivalent Compliance; The proposed alternative- a taller, more restrictive, durable fence, achieves the intent of the subject design or development standard to the same or better degree than the subject standard; The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard by improving compatibility between the functional improvements of a utility site and the park and transit corridor that surround it; The proposed alternative results in benefits, particularly safety, to the community that are equivalent to or better than the compliance with the subject standard; The proposed height and material of the fence does not impose greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Avon Municipal Code ("AMC"). The fence benefits the local community by providing a clear designation of park space compared to the utility site. MINOR DEVELOPMENT REVIEW FINDINGS The proposed application was reviewed pursuant to 7.16.080(f), Development Plan; The design meets the development and design standards established in the Avon Development Code, with alternative design approved by AEC application; The application is complete; The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; The application complies with the goals and policies of the Avon Comprehensive Plan; The demand for public services is unaffected; and The site improvements relate to the character of the surrounding community and other similar improvements in the Wildridge PUD GENERAL CRITERIA FINDINGS: PZC Record of Decision: AEC24003 / MNR23003 The development application for the park improvements is complete; The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; The development application for the park improvements complies with the goals and policies of the Avon Comprehensive Plan; and The demand for public services or infrastructure exceeding current capacity is mitigated by the development application. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: -YIF PZC Chairperson DATE: PZC Record of Decision: AEC24003 / MNR23003 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF PUBLIC HEARING TYPE OF APPLICATIONS: PROPERTY LOCATION: FILE NUMBER: APPLICANT: February 6, 2024 Rezoning Benchmark at Beaver Creek Tract Y REZ23001 Town of Avon This Record of Decision is made in accordance with the Avon Development Code §7.16.010(F)(1) DECISION ON #REZ23001: Recommendation to Town Council: Approval (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; (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. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY: PZC Chairperson PZC Record of Decision: REZ23001 I1L111:1