TC Res. No. 1998-05Town of Avon
Resolution No. 98 - 5
Series of 1998
A RESOLUTION APPROVING THE PLANNING AND ZONING
COMMISSION PROCEDURES, RULES AND REGULATIONS, TOWN
OF AVON, EAGLE COUNTY, COLORADO,
WHEREAS, Section 2.16.010 of the Avon Municipal Code established the Planning
& Zoning Commission of the Town of Avon; and
WHEREAS, Section 2.16.070 of the Avon Municipal Code provides that the'
Planning &'Zoning Commission shall operate by rules of procedure approved by the
Town Council;
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of
Avon,
That the Planning & Zoning Commission Procedures; Rules and Regulations, attached as
Exhibit A hereto, are hereby approved.
ADOPTED THIS 27"b DAY OF JANUARY 1998.
Patty' Lambert,
IC, Town Clerk
Town of Avon, Colorado
Town Council
Jac Fawcett, Mayor
JACOUNCIURESOLUTI\98-5 PZRR&P.doc
Exhibit A to Resolution 98-5
Town Of Avon
Planning and Zoning Commission
Procedures, Rules and Regulations
Adopted January_, 1998
SECTION L PURPOSE :..:...3
1.10 AUTHORITY ................................................................................................................................................3
1.20 PURPOSE ......................................................................................:..............................................................3
1.25 SCOPE .........................................................................................................................................................3
1.30 COMPATIBILITY ..........................................................................................................................................3
SECTION 2 PROCEDURES ............................................:...................................................................................3
2.10 MEETINGS ..................................................................................................................................................3
2.20 APPLICATION FOR DESIGN REVIEW ............................................................................................................4
2.30 SCHEDULE FOR APPLICATION .....................................................................................................................4
SECTION 3 EXEMPTIONS ....................................:............................................................................................A
SECTION 4 DESIGN STANDARDS .........................................................................................................:....:.:...5
4.10
DESIGN REVIEW CRITERIA .........................................................................................:...............................5
4.20
DESIGN STANDARDS
..6
4.21
GENERAL
..6
4.22
SITE IMPROVEMENTS
..6
4.23
LANDSCAPING
8
4.24
MISCELLANEOUS ITEMS
..9
4.25
BUILDING DESIGN
10
SECTION 5 PLANNING AND ZONING COMMISSION PROCEDURE
11
5.10
STAFF REVIEW
11
5.20
PLANNING & ZONING COMMISSION REVIEW
12
5.30
BASIS FOR APPROVAL OR DENIAL OF PROJECT DESIGN
12
5.40
TIME LIMITATIONS
12
SECTION 6 APPROVAL BY THE COMMISSION »
12
6.10
NOTIFICATION OF ACTION BY COMMISSION
12
6.15
REQUIREMENT TO VOTE
13
6.20
TRANSMITTAL OF ACTION TO COUNCIL
13
6.30
SCOPE OF APPROVAL
13
SECTION 7 EXCEPTIONS FROM THIS REGULATION
13
SECTION 8' APPEAL TO TOWN COUNCIL ......................................................................................»..........13
8.20
COUNCIL REVIEW OF COMMISSION ACTION
13
8.30
DISAPPROVAL BY COUNCIL OF COMMISSION DECISION
13
SECTION 9 LAPSE OF FINAL DESIGN APPROVAL ..................................................................................13
9.10 TERM OF DESIGN APPROVAL ....................................................................................................................13
SECTION 10 SEVERABILITY ....................................................................:.......................................................14
Planning And Zoning Commission Procedures, Rules And Regulations Page 1
Adopted January, 1998
SECTION 11 SAFETY CLAUSE .......................................................................................................................:.14
'SECTION 12 ENFORCEMENT ...........................................................................................................................14
SECTION 13 AMENDMENT ........14
SECTION 14 ADOPTION .......................................................................................:...........................:......:.......».14
APPENDIX 1 RECOMMENDED PLANT LIST ................................................................................................15
APPENDIX 2 DESIGN REVIEW APPLICATION CONTENTS ....»..........19
2.45 SITE DEVELOPMENT PLAN .........................................................................................................................19
2.46 SITE PLAN SUMMARY TABLE .............................................................................:.........................:.............20
2.47 BUILDING ELEVATIONS AND FLOOR PLANS 20
2.48 LANDSCAPE PLAN
2.49 APPLICATION SUBMITTAL CHECKLIST .......................................................................................................21
2.51 SPECIAL SUBMITTAL REQUIREMENTS FOR R-1 AND COMMERCIAL PROJECTS .........................................21
2.60 CONCEPT REVIEW FOR R-1 AND COMMERCIAL PROJECTS ........................................................................21
APPENDIX 3 APPLICATION AND DESIGN REVIEW FEES ..............................................:....................23
Planning And Zoning Commission Procedures, Rules And Regulations Page 2
Adopted January , 1998
TOWN OF AVON, COLORADO
PLANNING AND ZONING CONDIISSION
RULES OF PROCEDURE FOR DESIGN REVIEW
Section I Purpose
1.10 Authority
Chapter 2.16 of the Avon Municipal Code.
1.20 Purpose
To establish procedures by which the Commission shall receive, review and rule on
applications for the design of proposed alterations to real property, including land and any
improvements on that land, within the Town of Avon.
1.25 Scope
The scope of these procedures for design review includes but is not limited to site
grading, excavation or fill; the location and configuration of structures on a site; the
architectural design of structures including color and materials; landscaping of sites
including number, size, placement, species of plantings and provisions for maintenance
systems of same. The Commission shall review and act upon the general design and
appearance of any building, construction, paving, grading, or landscaping proposed on
any lot or parcel of land within the Town, including municipal and other government
projects. It shall be unlawful to begin any such work prior to approval by the
Commission.
1.30 Compatibility
These Rules of Procedure are in accordance with Section 2.16.070 of the Avon
Municipal Code, and details the procedures for approval of development plans required
by Section 17.12.020 of the Avon Municipal Code. These Rules are intended to
complement other ordinances of the Town, and shall not duplicate nor supersede them.
Section 2 Procedures
2.10 - Meetings
The Commission shall regularly meet on the first and third Tuesdays of each month, at
the time and location designated on the official meeting Agenda. The Chairman may
call special meetings of the Commission when deemed necessary. A notice and Agenda
of each meeting shall be posted in the official posting places of the Town, by the
Recording Secretary to the Planning and Zoning Commission, at least 48 hours prior to
any meeting of the Commission. All meetings of the Commission shall be open to the
public. The printed Record of Proceedings, prepared by the Recording Secretary and
approved by vote of the Planning & Zoning Commission shall constitute the only
official record of Commission meetings. All records, including proceedings of meetings,
Planning And Zoning Commission Procedures, Rules And Regulations Page 3
Adopted January , 1998
applications for review, plans, reports, and resolutions, shall be maintained in the
Community Development Department by the Recording Secretary of the Planning and
Zoning Commission.
2.20 Application for Design Review
Prior to applying for a building, construction, landscaping, grading, sign, or use permit,
any individual or entity shall apply to the Commission for project design approval.
Application shall be made on forms provided by the Town, available in the Community
Development Department.
2.30 Schedule for Application
All required materials, information, and fees must be submitted to the Community
Development Department, during regular office hours, according to the following
schedule
An application is considered complete when all supporting materials, information, fees,
and signatures are received by the Department. A determination of completeness or
incompleteness, with missing elements noted, will be made by staff and transmitted in
writing to the applicant within one calendar week of receipt.
The following schedule contemplates complete applications only. Incomplete or
insufficient applications will not be placed on the meeting Agenda.
A. Applications for commercial projects, mixed-use projects, and residential projects
containing 4 or more dwelling units: at least 21 days prior to the Planning & Zoning
Commission meeting at which the application is to be considered.
B. Applications for miscellaneous items requiring design review, and residential projects
containing less than 4 units: 14 days prior to the meeting at which the application is to be
considered.
C. All other applications, including projects which have been formally reviewed by the
Planning & Zoning Commission, and have been requested to provide new, additional, or
revised information, may be placed on the Agenda if such material is submitted at least 7
days prior to the meeting at which the material is to be considered. Exceptions may be
made at the discretion of the Director of Community Development.
Section 3 Exemptions
3.10 The following listed items of development or improvements are exempted from
application and review provisions of these Rules and Regulations:
A. Maintenance and repair of grounds or buildings currently in conformance with all other
applicable regulations.
B. Replacement of exterior materials and repainting of structures with the like materials and
colors so long as they are currently conforming.
Planning And Zoning Commission Procedures, Rules And Regulations Page 4
Adopted January , 1998
C. Replacement of currently conforming plant materials, including trees, shrubs, plants,
grasses, and sod.
D. Gardens of vegetables, flowers, or rock, of an area not exceeding 600 square feet on any
one lot.
E. Landscaping in addition to required landscaping, provided that the additional landscaping is
consistent with the required landscaping, and does not encroach on easements, setbacks,
vision clearance areas adjacent to drives and streets.
F. Municipal projects
Municipal projects including but not limited to paving and associated street improvements;
drainage improvements; modifications to structures or facilities necessary to comply with
state or federal regulations; temporary storage of material, equipment or vehicles; or
temporary faclities constructed or installed for special events conducted by or in
cooperation with the Town.
Municipal projects requiring construction of buildings, significant site modification, major
roadway configuration changes, streetscape improvements, and other similar projects will
be referred to the Planning & Zoning Commission by the Town Council. The Commission
will review the projects and forward their comments to the Council. The Commission's role
in reviewing municipal projects is advisory only.
3.20 The following listed items of development or improvements may be exempted from
Commission review, at the discretion of the Director of Community Development.
A. Minor remodeling projects such as, but not necessarily limited to, replacement of doors,
windows, vents, or grills.
B. Repairs or other minor modifications, which do not significantly affect the overall design
or appearance of a building or site.
C. Changes in wall openings or the addition of wall openings, such as windows, doors, or
louvers, which conform to the pattern established in the original building design.
D. Temporary structures, such as material storage and trailers, incidental to, and necessary for
active construction projects.
Section 4 Design Standards
4.10 Design Review Criteria
The Commission shall evaluate the design of a proposed project using the following criteria:
A. The conformance with setbacks, massing, access, land use and other provisions of the
Zoning Code.
B. The conformance with other applicable rules and regulations of the Town of Avon.
C. The type and quality of materials of which the structure is to be constructed.
Planning And Zoning Commission Procedures, Rules And Regulations Page 5
Adopted January , 1998
D. The design of site grading and drainage to minimize impacts to adjacent sites, rights-of-way
and easements.
E. The compatibility of proposed improvements with site topography, to minimize site
disturbance, orient with slope, step building with slope, and minimize benching or other
significant alteration of existing topography.
F. The appearance of proposed improvements as viewed from adjacent and neighboring
properties and public ways, with respect to architectural style, massing, height, orientation
to street, quality of materials, and colors.
G. The objective that no improvement be so similar or dissimilar to others in the vicinity that
monetary or aesthetic values will be impaired.
H. The general conformance of the proposed improvements with the adopted Goals, Policies
. and Programs for the Town of Avon.
4.20 Design Standards
4.21 General
A. Conformance with Zoning Regulations;
B. General conformance with Goals and Policies of the Town of Avon Comprehensive
Plan;
C. Adequate development rights for proposed improvements.
4.22 Site Improvements
A. Access to Site
Adequate distance from intersections and proper relation to other entrances;
2. Satisfactory width, grades radii etc.
3. Turn lanes if required.
4. Residential projects with-6 or fewer units shall be restricted to a single point of vehicle
access from the public right-of-way. Additional points of access must be approved
specifically by the Planning & Zoning Commission, with the finding that additional
access points are required for the project to otherwise conform to these Design Standards
and other applicable Town regulations.
B. Parking and Loading
1. Required spaces provided;
2. All spaces accessible and meet minimum size requirements;
3. Loading spaces properly located to function with improvements and accessible to
delivery vehicles without restricting street traffic or on-site circulation;
Planning And Zoning Commission Procedures, Rules And Regulations Page 6
Adopted January , 1998
4. Pavement design compatible with proposed use.
C. Site design
Site layout and proposed improvements consider solar and views of neighboring
properties;
D. Easements
Dedicated easements remain unobstructed or are officially vacated;
E. Site Grading
1. Site improvements should be designed to conform with existing site topography to
minimize required grading and effect'on adjacent properties. All grading shall occur
within the property boundaries;
2. Parking lot grades should not exceed 6% and driveway grades should not exceed 8% for
multi-family residential and commercial projects or 10% for small residential projects;
3 The grade of the first 20 feet of driveway adjacent and perpendicular to the paved public
way shall not exceed 4% grade.
4 The grade of the first 20 feet of driveway adjacent to the garage or outside parking space
shall not exceed 4% grade.
5. Maximum slope of disturbed slopes shall not exceed 2 feet horizontal to 1 foot vertical
(2:1) without special documentation and review.
F. Drainage
All drainage easements shall remain unobstructed;
2. All structures shall be located above or be protected from the 100 year flood;
3. Minimum setback of thirty feet shall be maintained from mean annual high water mark
of all continuously flowing streams;
4. All development shall conform to the Town of Avon Drainage Design Manual.
5. All construction projects shall conform to the Town of Avon Pollution Control Plan
Manual.
G. Snow Removal and Storage
1. An area equal to 20% of the impermeable surfaced area upon which aboveground
construction does not occur shall be designated and developed as a snow storage area;
2. Designated snow storage areas shall be located and developed to be compatible with
snow removal operations, not less than 6feet wide, and shall be adjacent to the
impermeable area from which the snow is to be removed;
3. Runoff from snow storage areas shall be directed through a treatment facility as required
for treatment of runoff from parking and driveway areas;
Planning And Zoning Commission Procedures, Rules And Regulations Page 7
Adopted January, 1998
4. On-site snow storage requirements may be waived by the Planning and Zoning
Commission upon the demonstration that an appropriate alternative snow-storage site is
available and that arrangements have been made for the continuation of snow removal
and off-site storage.
Excavation, retaining walls, or other structures within slope maintenance and snow
storage easements adjacent to public rights-of-way shall be confined to those strictly
required for effective site access.
H. Water and Sewer
Each structure designed for human occupancy shall be connected with water and sewer
facilities made available by existing water and sewer districts;
2. No private wells or sewer systems shall be used within the Town except as provided in
the Subdivision Regulations;
3. Letters of commitment from the appropriate districts may be required.
1. Sidewalks
Sidewalks or walkways should be provided as necessary for efficient pedestrian
circulation within the project and with neighboring properties;
2. Walkways should be separated from vehicular traffic where possible;
3. Walkways should be constructed of attractive, durable materials such as decorative
concrete or brick pavers;
4. Walkway widths should be compatible with anticipated uses
d. Trash Storage
1. Each project shall have receptacles for the temporary storage and collection of refuse;
2. All such receptacles shall be screened from public view and protected from disturbance;
3. Design details shall be included with project design review;
4. Refuse storage area shall be accessible by collection vehicles and should be incorporated
into building design when possible.
K. Emergency Vehicle Access
Project site plans shall include provisions for emergency vehicle access when required
by Code.
4.23 Landscaping
A. Design
Landscaping design should be compatible with other site improvements and with
neighboring properties;
Planning And Zoning Commission Procedures, Rules And Regulations Page 8
Adopted January , 1998
2. . Not less than 50% of the, useable open space area required, shall consist of pervious
landscaped areas: The remaining useable open space requirements may be satisfied by
impervious patio or mall type areas containing seating, decorative fountains, planters,
recreational amenities and similar type facilities;
3. Consideration should be given to use of landscape material for snow fencing, visual
screening and wind breaks when applicable;
4. Plant materials should be adaptable to the area and selection' and placement should
include consideration of function and color coordination;
5. All lots to, be covered by grass lawns shall utilize healthy sod material for complete
coverage. All grass sod shall extend to the property line or, where adjacent to a
roadway, to the bottom of adjacent drainage ditches or back of curb, as applicable.
B. Maintenance
An automatic irrigation system is required to reduce losses and for ease of maintenance.
C. Lighting
1. Lighting should be provided for all parking, drive and walkway areas and may be
required as a condition of design approval;
2. Lighting should be considered as a design feature as well as providing illumination;
3. Area lighting shall generally be by metal halide, cut-off type fixtures with a maximum
mounting height of 15 feet for walkways and 25 feet for parking areas.. Flood lights are
discouraged except as accent for architectural features. Light spillover to adjacent
properties must be minimized.
D. Retaining Wall's
1. . Retaining walls shall be constructed of permanent type materials such as concrete,
gabions, reinforced earth, etc. railroad ties are not acceptable. Retaining wall design
details may be required for design review;
2. Walls over 4 feet high shall be structurally designed or certified by a licensed engineer
(P.E.)
3. - A series of lower retaining walls with landscaped terraces is preferable to a high wall
with an unbroken vertical face.
4.24 Miscellaneous Items
A. Temporary Structures
1. Temporary structures including construction storage and office trailers, and tents shall
not be allowed except as may be determined'to be necessary during construction;
2. Permits for allowed temporary structures may be issued by the Director of Community
Development without review by the Commission. Permits shall run concurrent with
building permit.
Planning And Zoning Commission, Procedures, Rules And Regulations Page 9
Adopted Jariuary , 1998
B. Fences and Signs
1. Fences, walls, or similar type barriers shall have separate approval of the Commission,
except that functional or decorative fences or walls may be approved as an integral part
of a building design. Wood fences are generally more acceptable than metal. Limited
use of fences is encouraged;
2. No signs, billboards, or other advertising of any kind shall be erected constructed, or
maintained on any lot or structure unless approved in accordance with the provisions
contained in the Sign Code of the Town of Avon.
C. Communications & Satellite Dish Antennae
All antennas shall be located so as to be screened from view from any public right-of-
way or neighboring-property. Screening may be accomplished by, or-through the use of
landscaping materials, fencing, existing structures subgrade placements or other means
that both screen the antennas and appear natural to the site; ,
2. All wiring and cable related to antennas installation shall be installed underground or be
incorporated entirely within the structure;
4. Color selection for dish antennas should be made with respect to the characteristics of
the site or structure. Unpainted surfaces and dish antennas with reflective surfaces shall
not be allowed. No advertising, logos or identification shall be allowed on any dish
antenna.
D.- Above Ground Tanks and Miscellaneous Structures
1. Oil, gasoline or liquid petroleum gas tanks will not normally be permitted on or above
ground. Temporary installations for a period not exceeding 2 years may be approved
provided the installation complies with all applicable regulations and is fully screened
from view from all public rights-of-way and neighboring properties;
2. No outdoor clotheslines, trash receptacles or storage areas will be permitted unless
screened;
3. Screening details shall be reviewed and approved by the Commission prior to
installation.
4.25 Building Design
A. General Design Characteristics
1. Conforms with setback, building area ratios and height limitations of applicable zone
district;
2. Building oriented to take advantage of solar gain and views;
3. Building design and location minimizes impacts on solar and view corridors of
neighboring properties;
4. Minor image duplexes are not permitted.;
Planning And Zoning Commission Procedures, Rules And Regulations; Page 10
Adopted January , 1998
B. Large Commercial Projects
Use of pedestrian circulation through the inclusion of Malls, Atriums and covered
walkways is encouraged;
2. Building design should provide for the convenient delivery of goods and services.
C. Building Materials
1. The use of high quality, durable, low maintenance building materials is highly
encouraged;
2. The following materials and wall finishes will not ordinarily be permitted on the exterior
of any structure: asphalt siding, imitation brick, asbestos cement shingles or siding,
imitation log siding or plastic. Metal siding, concrete or concrete block will be
permitted only with specific approval of the Commission;
3. Natural or earth tones are encouraged as the dominant color with brighter colors used for
accent.
4 All flues, flashing and other reflective materials shall be painted to match or
appropriately contrast with adjacent materials.
5 Electric and other utility meters shall be attached to the main structure and screened to
minimize contrast with adjacent materials.
D. Roofs
1. All roofs, except the flat portion thereof, shall have a rise of not less than, 4-inches in 12-
inches of distance;
2. Pitched roofs shall be oriented such that excessive snow and ice does not accumulate
over, or drop onto pedestrian walkways, parking areas or drives. Special protection may
be required for roofs so oriented;
3. Overhangs are required on pitched roofs, and shall extend at least one and one-half feet
from the point where the wall meets the roof.
4. Roofing materials should be durable, weather resistant and suitable for environmental
conditions encountered in this area. Colors should be natural or earth tones. Large
expanses of bright, reflective materials will not be acceptable. Asphalt and fiberglas
composition shingles must be of high quality and minimum weight of 300 pounds per
square.
Section 5 Planning and Zoning Commission Procedure
5.10 Staff review
The Town Planner shall review all material-,submitted for design review to determine whether
an applicant has met the requirements of Appendix 2. If the material is found to be adequate,
the application and supporting material shall be submitted-to the Planning and Zoning
Commission in accordance with Section 2.30. If the application and supporting material is
Planning And Zoning Commission Procedures, Rules And Regulations Page 11
Adopted January , 1998
found to be inadequate, the Town Planner shall not schedule the application for consideration
by the Commission but shall notify the applicant of any inadequacies. Such notice will be in
writing and within one calendar week of receipt of application.
5.20 Planning & Zoning Commission review
The Planning and Zoning Commission shall consider the application and supporting material
and shall approve, conditionally approve, deny approval or continue the design review of the
project within 45 days of the date of the meeting at which the complete application and
supporting material is first reviewed by the Commission. If the Commission determines that
advice or assistance of professional consultants is needed, or that additional information is
required from any source, an additional 45 days shall be permitted for action by the
Commission.
5.30 Basis for approval or denial of project design
If the design of the project is found to comply with the purposes prescribed in Section 1 of
these Regulations and applicable Ordinances of the Town of Avon and the design guidelines
prescribed in Section 4 of these Regulations, the Planning and Zoning Commission shall
approve the project. If the Commission determines that a conflict exists with the purposes, the
design guidelines, or any other provision of those Regulations or any Ordinance of the Town of
Avon which would prevent approval of such project, the Commission shall disapprove the
project. If the Commission determines that conflicts exist which are subject to correction, the
Commission may conditionally approve or request changes to conform with the design
guidelines or other provisions of those regulations. Any disapproval conditional approval or
request for changes shall be in writing and shall specifically describe the purpose, statement, or
design guidelines with which the design of the project does not comply and the manner of .
noncompliance.
5.40 Time limitations
The time limitations contained in these Regulations shall be interpreted as requiring the
Commission to conduct a review or make the determinations or decisions required by these
Regulations. Failure of the Commission to act within the prescribed time limitations shall be
considered as conditional approval for design of the project subject to conformance with all
applicable rules and regulations of the Town of Avon.
Section 6 Approval by the Commission
6.10 Notification of Action- by Commission
Within 10 working days following action of the Planning and Zoning, Commission, ,the
Commission's decision to approve, conditionally approve, deny approval or continue design
review of a project, shall be forwarded to the applicant and his designated agent by first class
mail, and posted in a conspicuous manner in the Community Development Department: The
decision shall become final if no written appeal is made to the Town Council by any aggrieved
person within 30 days following the decision of the Planning and Zoning Commission.
Planning And Zoning Commission Procedures, Rules And Regulations Page 12
Adopted January - , 1998
6.15 Requirement to Vote
Unless specifically excused or prohibited from voting by Ordinance or Resolution of the Town
or the Planning and Zoning Commission or unless abstaining for reasons made a part of the
record, all members present for the consideration of any issue shall vote on that issue.
6.20 Transmittal of Action to Council
All actions by the Commission shall be transmitted to the Town Council for information at its
next regular meeting.
6.30 - Scope of Approval
All approvals are site specific. Variations and changes, without Commission approval, are not
allowed, except as otherwise provided in these regulations.
Section 7 Exceptions From This Regulation
7.10 The Commission may grant exceptions from the provisions of these regulations, upon
specific request by the'applicant, where there are demonstrated practical difficulties or
particular hardships preventing the strict provisions of these Regulations to be met.
Section 8 Appeal, to Town Council
8.10 A decision of the Planning and Zoning Commission may be appealed to the Town
Council by the applicant or any aggrieved person or at the request of the Mayor at any time
before the decision becomes final.
8.20 Council Review of Commission Action
Not more than thirty (30) days following the filing of an appeal, the Town Council shall review
the action of the Planning and Zoning Commission. The Town Council shall, in writing,
confirm, modify or reverse the decision of the Commission within thirty (30) days following
the commencement of review. If it deems insufficient information is available to provide the
basis for a sound decision; the Town Council may postpone final action for not more than thirty
additional days. Failure of the Council to act within thirty additional days shall be deemed a
granting of the approval, unless the applicant consents to a time extension.
8.30 Disapproval by Council of Commission Decision
Any decision by the Town Council which results in disapproval of the Planning and Zoning
Commission decision shall specifically describe the reasons for disapproval.
Section 9 Lapse of Final Design Approval
9.10 Term of Design Approval
Final design approval for a project, as prescribed by these regulations, shall lapse and become
void 2 years following the date of final approval unless a building permit for project
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Adopted January , 1998
construction is issued. If a building permit expires more than 2 years following final design
approval, the final design approval also lapses and becomes void. The applicant may apply to
the Planning and Zoning Commission for approval of a maximum extension of one (1) year.
Section 10 Severability
10.10If any provision of this Regulation or the application thereof to any person or
circumstance is held invalid by a court of law, such invalidity should not affect other provisions
or applications of this Regulation which can be given effect without the invalid provisions or
application,'and to this end the provisions of this Regulation are declared to be severable.
Section 11 Safety Clause
11.10 The Town Council hereby finds determines and declares that this Regulation is necessary
for the preservation of the public health, welfare and safety.
Section 12 Enforcement
12.10 The Department of Community Development and the Police Department of the Town of
Avon shall be responsible and are both hereby jointly charged with the Enforcement of the
Provisions of this Regulation.
Section 13 Amendment-
13. 1 OThese Procedures, Rules and Regulations and any proposed amendments thereto shall be
submitted by the Commission to the Town Council which by motion shall approve the Rules or
Amendment and direct their adoption by the Commission or disapprove the proposal with
directions for revision and resubmission.
Section 14 Adoption
14.10 The Commission shall adopt and promulgate these Procedures, Rules and Regulations as
well as any Amendments thereto immediately following the approval of these Rules and
Regulations by the Town Council.
Planning And Zoning Commission Procedures, Rules And Regulations Page 14
Adopted January, 1998
Appendix 1 Recommended Plant List
Evergreen Trees minimum planting height 6 feet
Engleman Spruce Picea englemanni
Colorado Blue Spruce
Picea pungens
Not for extremely dry locations
Bristlecone Pine
Lodgepole Pine
Pinus aristata
Pinus contorta latifolia
Ponderosa Pine Pinus ponderosa scopulorum
Rocky Mountain Juniper juniperous scopulorum & var.
Acer saccharinum
Deciduous Trees minimum planting size 2 inch caliper
Amur Maple Acer ginnala
Box-elder Acer negundo There are other more desirable
landscape trees, but may be
useful in difficult growing
conditions
Norway Maple & varieties Acer platanoides & var
Silver Maple
European Birch varieties Betula pendula & var.
Common Hackberry
Russian Olive
Green Ash
Thornless Honeylocust
Varieties: Shademaster,
Skyline, Imperial
Crabapple varieties
Varieties: Hopa, Dolga,
Sargents
White Poplar
Quaking Aspen
Cottonwood Species
Celtis occidentalis
Elaeagnus angustifolia
Pines need well drained soils
Available in native form or a wide
selection of varieties offering
different size, shape and foliage
colors
In protected locations with
adequate deep soil moisture
Mass plantings not
recommended -
Fraxinus pennsylvanica
lanceolata
Gleditsia triacanthos inermis
Survival of young trees may be
questionable in exposed
situations
Maus var.
Populus albs
Populus tremuloides
Populus sp. Species: augustifolia
Group plantings only
Most dependable large'trees
Plann=ing And Zoning Commission Procedures, Rules And Regulations Page 15,
Adopted January , 1998
& sargentii
Shubert Chokecherry Prunus virginiana "Shubert"
European Mountain Ash Sorbus aucuparia Survival of young trees may be
questionable in exposed
situations
Evergreen Shrubs minimum planting size: 5 gallon
Pfitzer Juniper Juniperous chinensis
"Pfitzeriana"
Chinese J u niper, varieties Juniperous chinensis var.
Prostrata Juniper
varieties
Juniperous horizontalis var
Snow cover may be desirable for
winter hardiness
Tammy Juniper
Bird's Nest Spruce
Swiss Mountain Pine
Mugho Pine
Juniperous sabina
tammariscifolial
Picea abies nidifomis
Pinus mugo
Pinus mugo mughus
Deciduous Shrubs minimum planting size: 5 gallon
Serviceberry Amelanchier
Japanese Barberry
varieties
Siberian Peashrub
Red Osier Dogwood
Peking Cotoneaster
Winged Euonymus
Berberis thunbergi var.
Caragana arborescens
Cornus stolonifera coloradensis
Cotoneaster acutifolia
Euonymus alatus
Wintercreeper Euonymus Euonymus vegetus 'Coloratus'
Forsythia
Common Privet
Zabel Honeysuckle
Tatarian Honeysuckle
Oregon Grape
Forsythia intermedia
Ligustrum vulgare
Lonicera korolkoui "Zabel"
Lonicera tatarica
Mahonia aquifolium
Hardiness may be questionable
in exposed situations
Need good mulch or snow cover
to insure winter hardiness
Hardiness may be questionable
in exposed situations
Planning And Zoning Commission Procedures, Rules And Regulations Page 16
Adopted January , 1998
Potentilla varieties
Potentilla var.
Purple-leaved Sand
Prunus cistena
Cherry
Nanking Cherry
Prunus tomentosa
Russian Almond
Prunus tenella
Skunkbush Sumac
Rhus trilobata
Alpine Currant
Ribes alpinum
Harison's Yellow Rose
Rosa harisonii
Redleaf Shrubrose
Rosa rubrifolia
American Elder
Sambucus canadensis
Ural False Spirea
Sorbaria sorbifolia
Froebel Spirea
Spiarea bumalda
Thunberg Spirea
Spiraea thunbergi
Vanhoutte Spirea
Spiraea vanhouttei
Snowberry
Symphoricarpos albus laevigatus
Indian Currant Coralberry
Symphorearpos orbiculatus
Persian Lilac
Syringa laciniata persica
Common Lilac
Syringa villosa
Wayfaringtree viburnum
Vibumum lantana
European Cranberrybush
Vibumum opulus
Ground Covers
Carpet Bugle Ajuga reptans
Goutweed Aegopodium variegatum
Snow-in-Summer Cerastium tomentosum
Leadwart Ceratostigma plumbaginofdes
Wintercreeper Euonymus Euonymus vegetus "Coloratus"
Mint mentha spicata
Goldmoss Stonecrop Sedum acre
Most ground covers will require
snow cover or mulch to insure
winter hardiness
Most ground covers will require
snow cover or mulch to insure
winter hardiness
Planning And Zoning Commission Procedures, Rules And Regulations Page 17
Adopted January, 1998
Orange Sedum Sedum kamtschaticum
Two-Row Stonecro Sedum spurium
White Clover Trifolium repens
Lawn Grasses
Common Kentucky
Poa pratensis
Bluegrass
Merion Kentucky
Poa pratensis "Merlon"
Bluegrass
Park Kentucky Bluegrass
Poa pratensis "Park"
Manhattan Perennial
Lolium perenne "Pennfine"
Ryegrass
Pennfine Perennial
Ryegrass
Fescue
Varieties: Creeping Red
FeSCUe, Pennlawn.
Lolium perenne "Pennfine"
Festuca rubra commutata
Use only as a mix with Kentucky
Bluegrass
Planning And Zoning Commission Procedures, Rules And Regulations Page 18
Adopted January..,__, 1998
APPENDIX 2 Design Review Application Contents
2.41 Completed application form signed by the project land owner or authorized agent.
If person other than owner signs, attach written authorization by the owner to act as agent with
regard to the application and review process)
2.42 Fee = in accordance with'Appendix 3 of these rules and regulations.
2.43 Any required statements or reports further describing or in support of the project.
2.44 A complete project plan set will consist of the following:
❑ Site plan
❑ Property survey w/ RLS stamp and signature
❑ Floor plans
❑ Building elevations (all elevations, labeled north, south, east, west)
❑ Landscape plan
❑ Exterior lighting fixture cut sheets
❑ 24 x 36 inch plan sets - 4 copies
❑ 11 x 17 inch plan sets - 24 copies
2.45 Site development plan
❑-North arrow & scale (110' or 20')
❑ Vicinity Map
❑ Title block
0 Property lines, w/ bearings and distances
❑ Setback lines (labeled and dimensioned)
0 Easements (labeled and dimensioned)
0 Adjacent right-of-ways
❑ Existing topography (dashed lines) extended through building, 10 feet beyond all property
lines, and to the center line of adjacent right-of-way.
❑ Proposed grading (solid lines)
❑ Limits of site disturbance
❑ Building footprint w/ roof plan and driplines (dimensioned to property line)
❑ On-site detention structures, if applicable
Significant landforms/outcroppings
Existing structures
❑ Existing utility lines, manholes, transformers, etc.
El Driveways, parking and turnarounds
❑ Driveway grades
❑ Streams, if applicable
Planning And Zoning Commission Procedures, Rules And Regulations Page 19
Adopted January , 1998
El Riparian zone/wetlands, if applicable
0 Fire hydrants (location on site or distance & direction from a known point)
0 Culverts, ditches, detention, etc.
0 Water (connection w/ main, shutoff and meter)
0 Sewer (connection w/ main, cleanouts)
0 Gas (connection w/ main, meter)
0 Electric (connection w/ main, meter)
0 Phone (connection w/ main)
0 Cable (connection w/ main)
0 Snow storage area
0 Walkways, stairs (dimensioned)
0 Building and area lighting, by type
0 Fencing, retaining walls
0 Trash enclosures
2.46 Site plan summary table
0 Current zoning
0 Number of dwelling units
0 Floor area for each dwelling unit
0 Total floor area of all units
0 Building height allowed and proposed
0 Off-street parking spaces required and proposed
0 Garage parking spaces available
0 Surface parking spaces available
0 Area and % of site > 40% slope
0 Area and % of building lot coverage
0 Area and % of site landscaped
0 Area and % of impermeable surface
2.47 Building elevations and floor plans
O Floor plans, dimensions and areas
0 Building elevations (labeled north, south, east, west)
0 Natural and finished grades for all elevations
0 Numeric elevation of all roof ridgelines
0 Utility meter locations
0' Address(es) on building or site
0 Location of exterior lighting fixtures, by type
Planning And Zoning Commission Procedures, Rules And Regulations Page 20
Adopted January , 1998
❑ Materials and colors labeled on elevations
0 Summary table of materials and colors
❑ Standard notes (see attached sheet)
2.48 Landscape plan
0 Location of plantings
0 Location of existing shrubs and trees
❑ Limits of site disturbance
❑ Location and type of erosion control measures
❑ On-site detention structures, if applicable
❑ Sprinkler system type noted on plan
0 Plantings summary table
❑ Existing vegetation general
2.49 Application Submittal Checklist
Community Development staff shall review all application material submitted for design
review to determine whether an applicant has met the requirements outlined above. If the
material is found to be adequate, ,the application and supporting material will be placed on the
next available agenda and presented to the Planning and Zoning Commission in accordance
with Section 2.30. If the application and supporting material is found to be incomplete or
inadequate, the application will not be placed on the agenda. The applicant will be notified of
the inadequacies within 7 days of the date application is received.
2.51 Special Submittal Requirements For R-1 and Commercial Projects
The Commission may require the submittal of a mass model, samples of proposed exterior
building materials and color finishes, charts, graphs and other exhibits to determine impact of
proposed project on solar and view corridors of adjacent properties, and any additional studies
or information required for a complete review of the application.
Models and other special submittals must be available for review by Community Development
staff at least one week prior to the Planning & Zoning Commission meeting.
2.60 Concept Review for R-1 and Commercial Projects
On many developments, the applicant may request an informal review during the conceptual
stages of the project. The owner, developer or agent may request agenda time for an informal
presentation of a proposed project to the Commission. One informal presentation per project
may be made without payment of fees. Additional presentations, shall conform with
requirements for a Preliminary Review.
2.70 Preliminary Review for R-1 and Commercial Projects
On large developments, it may be desirable to ask for a preliminary review during the early
planning stages of the project. The owners developer, or agent may make application for a
Planning And Zoning Commission Procedures, Rules And Regulations Page'21
Adopted January , 1998
preliminary review of a project upon submittal of applicable materials and payment of
appropriate fees.
2.71 Preliminary Review submittal
For preliminary review of a project, all items listed in Appendix 2, Sections 2.41, 2.42, 2.44,
and sketches showing items outlined in Sections 2.45 and 2.47 shall be submitted, along with
information regarding any special features of the project for which consideration is desired.
2.72 Preliminary Review Fees
Each preliminary review request- shall be accompanied by a separate application, and fees shall
be paid with each application, in accordance with Appendix 2
Additional preliminary reviews will require payment of a fee equal to 25% of the design review
fee. Fees paid for these additional preliminary reviews will not be applied towards the design
review fee.
2.80 Final Review
When final approval is desired; the balance of the data required by Appendix 2, and any other
special requests by the Commission will be required.
Planning And Zoning Commission Procedures, Rules And Regulations Page 22
Adopted January, 1998