PZC Packet 0216161 Agenda posted on Friday, February 12, 2016 at the following public places within the Town of Avon:
‐Avon Municipal Building, Avon Recreation Center, Avon Public Library, Town of Avon Website www.avon.org
Please call 970‐748‐4030 for Questions
Town of Avon Planning & Zoning Commission
Meeting Agenda
Tuesday, February 16, 2016
Avon Municipal Building – One Lake Street
~Meetings are Open to the Public~
I. Call to Order – 5:00pm
II. Roll Call
III. Additions & Amendments to the Agenda
IV. Conflicts of Interest
V. Consent Agenda
January 19, 2016 Meeting Minutes
VI. Brookside Lofts Stucco – PUBLIC HEARING
Files: MNR16001 / AEC16001
Application Types: Minor Development Plan / Alternative Equivalent Compliance
Property: Lot 1, Brookside Park / 37347 Highway 6 & 24
Applicant: Greg Macik, Tab & Associates
Owner: Brookside Park Signature Lofts, LLC
Summary: Alternate stucco color for main body of the Brookside Lofts residential
conversion project. The color “Williams White” has a Light Reflective Value of
78, exceeding the maximum LRV guideline of 60.
VII. Mein Haus & Mi Casa Bed & Breakfast – PUBLIC HEARING
Files: SRU15001 / MNR15033 / AEC15004
Application Types: Special Review Use / Minor Development Plan / Alternative Equivalent
Compliance
Properties: Lot 22A&B, Lot 23A&B, Block 2, Benchmark at Beaver Creek Subdivision
228 & 238 West Beaver Creek Boulevard
Applicant: Todd Roehr
Owner: Meinhaus, LLC & Mi Casa, LLC
Summary: Permit to operate Bed and Breakfast operations in two (2) duplex structures.
Physical improvements to the properties include driveway, parking, and
additional landscaping.
VIII. Riverside PUD Amendment – PUBLIC HEARING
Files: PUD16001
Application Types: Minor Planned Unit Development Amendment
Property: Lot 2, Riverside / Highway 6 &24
Applicant: Red House Avon, LLC
2 Agenda posted on Friday, February 12, 2016 at the following public places within the Town of Avon:
‐Avon Municipal Building, Avon Recreation Center, Avon Public Library, Town of Avon Website www.avon.org
Please call 970‐748‐4030 for Questions
Owner: Red House Avon, LLC
Summary: Removal of eight (8) unit residential designation, private use of a recreation
cabin, and public footpath proposal.
IX. Other Business
Planner & PZC Vacancy
Wildridge Open Houses
Trails Plan Update
Council Actions
X. Adjourn
1 January 19, 2016 Planning and Zoning Commission Meeting Minutes
Town of Avon Planning & Zoning Commission
Meeting Minutes
Tuesday, January 19, 2016
I. Call to Order – 5:00pm
II. Roll Call
All present with the exception of Commissioner Barnes.
III. Additions & Amendments to the Agenda
None.
IV. Conflicts of Interest
None.
V. Consent Agenda
January 5, 2016 Meeting Minutes
Action: Commissioner Struve made a motion to approve the consent agenda. Commissioner Hardy
seconded the motion and it was approved unanimously with a 5‐0 vote.
VI. Work Session ‐ Wildridge Development Standards
Action: Review Draft Resolution 16‐01 and revisions to Draft Ordinance 15‐11, concerning duplex lot
split PUD Amendments.
Action: Commissioner Struve made a motion to approve Resolution 16‐01, as amended.
Commissioner Hardy seconded the motion and it was approved unanimously with a 5‐0 vote.
VII. Adjourn
The meeting was adjourned at 6:24pm.
Approved this 16th Day of February, 2016
SIGNED:
________________________
Jim Clancy, Chairman
Staff Report
February 16, 2016 Planning & Zoning Commission Meeting
Case #MNR16001 & #AEC16001
Report date February 12, 2016
Project type Minor Development Plan & Alternative Equivalent Compliance
Legal description Lot 1, Brookside Park
Zoning PUD – Residential or Mixed-Use / Short Term Rental
Address 37347 Highway 6 & 24
Prepared By Matt Pielsticker, AICP, Planning Director
Introduction
The Applicant, TAB Associates, representing the owner of the property, Brookside Park Signature
Lofts, LLC, has submitted a Minor Development Plan and Alternative Equivalent Compliance
(AEC) application (“the Application”) for Lot 2, Brookside Park located at 37347 Highway 6 & 24.
The Application proposes a color, “White Wisp,” that exceeds the Town’s maximum Light
Reflective Value (LRV) of sixty with a proposed 78 LRV. Attached to this report are the application
materials, including renderings and photographs of the color applied to the building and rationale
for the color selection.
Background
The Brookside Signature Lofts commercial to residential project was approved with a Major Design
and Development Application in March, 2014. The re-design of the building included several
modifications to the site, and included exterior material changes. The exterior changes to the
building were substantial and included all new windows/doors, balconies, metal siding, etc. The
Color Board approved by PZC (see attached), included a new stucco color for the body of the
building to be “Stonington Grey” with an LRV of 59.
The Major Design and Development Application was approved with the following conditions related
to design:
1. Color. The Light Reflective Value will not exceed sixty (60).
2. Roof Pitch. Roof Pitch will be not less than 3:12.
During the construction process, design changes were Staff approved for items including but not
limited to: windows, deck modifications, and site walls. The changes also included changing the
metal siding to a dark grey stucco to mimic metal siding on the tower features and above the
entrance to the building.
It appears that there was a misinterpretation between the applicant and Staff whether revised
stucco (actually the same as existing on the building prior to renovations) was approved at that
time. The building was subsequently finished with “White Wisp” stucco and during the planning
department’s walkthrough inspection in late 2015; the color of stucco was discussed as having not
been formally approved by the Town. The building received a Temporary Certification of
Occupancy with the condition to rectify the stucco color not meeting code requirements for LRV
Design Standards
For quick reference, the Generally Applicable design standards related to building materials and
colors from the Development Code are provided. These are provided to show where and how the
LRV standards appear in the Development Code.
February 16, 2016 – Alternative Equivalent Compliance – Brookside Lofts Stucco Color 1
Generally Applicable Standards
(3) Building Materials and Colors
(i) The use of high quality, durable building materials is required. Exterior
walls shall be finished with materials used in a manner sympathetic to the
scale and architectural style of the building.
(ii) Preferred materials reflect the Town’s sub alpine character such as native
stone, wood siding, masonry or timbers.
(iii) The following building materials and wall finishes are not permitted on the
exterior of any structure:
(A) asphalt siding,
(B) imitation brick,
(C) asbestos cement shingles or siding,
(D) imitation log siding, or
(E) plastic or vinyl siding.
(iv) The Planning and Zoning Commission shall consider newly developed
materials in light of subsections (i)-(iii), above, and make a determination
about appropriateness.
(v) Indigenous natural or earth tones such as brown, tan, grey, green, blue, or
red in muted, flat colors with an LRV (Light Reflective Value) of sixty (60)
or less are required.
(vi) The following colors are prohibited: neon, day-glow, fluorescent, reflective,
and non-earth tones.
(vii) All flues, flashing, and other reflective materials shall be painted to match
and/or appropriately contrast with adjacent materials.
Review Criteria
The PZC shall use the following review criteria, as required by the Development Code as the basis
for decisions on the Applications:
§7.16.080(f), Development Plan
(1) Evidence of substantial compliance with the purpose of the Development Code as
specified in §7.04.030, Purposes;
(2) Evidence of substantial compliance with the §7.16.090, Design Review.
(3) Consistency with the Avon Comprehensive Plan;
(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;
(5) Compliance with all applicable development and design standards set forth in this
(6) That the development can be adequately served by city services including but not
limited to roads, water, wastewater, fire protection, and emergency medical services.
February 16, 2016 – Alternative Equivalent Compliance – Brookside Lofts Stucco Color 2
§7.16.120(d), Alternative Equivalent Compliance
(1) The proposed alternative achieves the intent of the subject design or
development standard to the same or better degree than the subject 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;
(3) The proposed alternative results in benefits to the community that are equivalent
to or better than compliance with the subject standard; and
(4) The proposed alternative imposes no greater impacts on adjacent properties
than would occur through compliance with the specific requirements of this
ordinance.
Staff Recommendation
Approve the Minor Development Plan and accompanying Alternative Equivalent Compliance
Application for the Color “White Whisp” with the following findings:
1. The Applications were reviewed in conformance with §7.16.080, Development Plan, and
§7.16.120, Alternative Equivalent Compliance, and found to be compliant with the
mandatory review criteria.
2. The “White Whisp” color exceeds the maximum Light Reflective Value (LRV) outlined in the
Development Code with an LRV of 79.
3. The stucco color was pre-existing on the building prior to the Brookside Lofts conversion
project, in significantly greater amounts of application.
4. The area of White Whisp was reduced from 81% of exterior walls to 48%, which achieves
the intent of the Design Standards which discourage “large areas of bright colors.”
5. The alternative imposes no greater impacts on adjacent properties than would occur
through compliance with the specific requirements of the Design Standards.
Attachments
Application Materials
Color Board from 2014 PZC Approval
February 16, 2016 – Alternative Equivalent Compliance – Brookside Lofts Stucco Color 3
TAB Associates, Inc.
The Architectural Balance
0056 Edwards Village Boulevard
Suite 210, Edwards, Colorado 81632
(970) 766-1470 (970) 766-1471 fax
www.tabassociates.com tab@vail.net
Memo
Project: Brookside Park Signature Lofts Project No: 1412
Date: January 6, 2016
RE: Revisions to Approved Plans
FROM:
Greg Macik, Principal
TO: VIA:
Town of Avon Hand Delivery
Remarks:
We have attached the following to address the stucco colors at Brookside Park Signature Lofts.
Building Elevations
Marketing Renderings
Current Exterior Elevations
Color One-
Existing Stucco color (Main Fields)
Sherwin Williams White Wisp – 21370-70
LRV-78
Color Two-
Existing Stucco Color (Lower Base)
Sherwin Williams Ozark Shadow – AC-26
LRV- 46
Color Three-
New Panelized Color
Sherwin Williams Samovar Silver - 6233
LRV- 51
1. The Color One color in question was a matching color to the existing stucco on the building. Since a large
quantity of existing stucco was to remain it was the intent to match any new or patched stucco with the existing.
2. We have greatly decreased the amount of the original Color One on the buildings by adding the additional
finishes. Wood Siding, the grey panelized look stucco and the green plant walls.
3. The building permit submittal also addressed the colors on the building and labeled them as existing stucco
which was the original intent to match the existing colors.
3. It was not our intent to ignore the LRV comment in the original Town Comments. We actually did address the
Color comment in a memo dated December 3, 2014 in which we responded to the original comments as well as
new comments during the building permit process. At the time we only thought the LRV was referring to the
roofing color and not the stucco. We also provided renderings and further clarification in the memo that the
renderings showed the colors and finishes being proposed. We did not get additional response to the letter so we
incorrectly assumed the LRV issue was addressed.
4. We would like the Town to consider the items above and approve the modifications and stucco colors as
installed.
TAB Associates, Inc.
The Architectural Balance
0056 Edwards Village Boulevard
Suite 210, Edwards, Colorado 81632
(970) 766-1470 (970) 766-1471 fax
www.tabassociates.com tab@vail.net
Memo
Project: Brookside Park Signature Lofts Project No: 1412
Date: December 3, 2014
RE: Revisions to Approved Plans
FROM:
Greg Macik, Principal
TO: VIA:
Town of Avon Hand Delivery
Remarks:
We have revised the building from the original submittal as noted below and in the attached drawings.
Original P&Z Conditions:
1. Water Rights- Alpine Engineering has submitted the necessary paper work to the Upper Eagle Regional Water
Authority.
2. Drainage- Survey and drainage improvements have been included for review. Note: Building Permit drawings
have been submitted to the Building Department for review.
3. Color- Metal roof color is specified to not exceed 60 Light Reflective Value.
4. Roof Pitch- Roof pitch over the addition is a minimum of 3:12.
Revisions:
1. The exterior finishes, lights and etc and items shown on the original color board have not changed.
2. The main changes are some deck revisions, window changes and etc. We feel the overall look of the building is
still the same as presented since finishes were not revised.
3. We have attached some current renderings of the exterior to show colors and finishes.
4. We added some on grade access along the west side of the building from three of the units.
5. After some discussions with the fire department we revised the size of the turn around and added a back up
area near the existing trash enclosure.
6. We removed some small proposed site walls at the two on grade units at the front of the building. The walls
have been replaced with a 3’ high vented wall.
7. Various other small changes in areas bubbled.
file: S:\1412 Brookside Reno\Memo-PZ Revisions.doc
Staff Report – Special Review Use
February 12, 2016 Planning & Zoning Commission Meeting
Case # SRU15001, MNR15033, AEC15004
Project types Special Review Use Permit– Bed & Breakfast
Minor Development Plan – Parking and Landscaping
Alternative Equivalent Compliance -
Legal descriptions Lot 37A & 37B, Block 2, Benchmark at Beaver Creek Subdivision
Lot 36A & 36B, Block 2, Benchmark at Beaver Creek Subdivision
Zoning Residential Duplex (Short Term Rental Overlay District Applies)
Addresses 228 A & B and 238 A & B West Beaver Creek Blvd.
Prepared By Matt Pielsticker, AICP, Planning Director
Summary of Requests
Todd Roehr (the Applicant) is requesting a Special Review Use (SRU) permit to allow the use of a Bed &
Breakfast (B&B) lodging establishment in both sides of two duplex structures. The properties are zoned
Residential Duplex (RD) and located on Lots 36 and 37, Block 2, Benchmark at Beaver Creek Subdivision
at 228 and 238 West Beaver Creek Boulevard (the Properties).
Lot 37 includes ten (10) bedrooms, ten (10) bathrooms. Lot 36 is currently finished on the South/A Side
with four (4) bedrooms and three (3) bathrooms. The South/B side has been left unfinished for several
years following damage to the unit. Building plans have been submitted for renovations to both sides
of the Lot 36 duplex and a complete remodel of the North/B Side with additional bedrooms and
bathrooms to be finished; the total for the Properties and this SRU proposal is twenty (20) bedrooms.
Site improvements including parking and landscaping are proposed with the accompanying Minor
Development Plan and Alternative Equivalent Compliance (AEC) applications. Parking modifications
include new pavement and drainage pan with added parking spaces behind the structures to bring the
total parking space total for the Properties to twenty four (24) functional parking spots. Landscaping
modifications include the removal of at least five trees for additional paved areas, and the planting of
sixteen (16) trees and various native flowers on the street frontage. The AEC request is for off-site
landscaping adjacent to the front of the project to meet the parking lot screening standards in the Avon
Development Code (ADC).
Location
The properties are located on the south side of the street with direct access to the right-of-way via two
perpendicular driveway access cuts. Adjacent to the north across the street is the Greenbrier Condos
multi-family residential; adjacent to the south is the Beaver Creek West Condos; adjacent to the east is
the Wildfire Lodge duplex (lodging); and adjacent to the west is a residential duplex.
Avon Development Code Definition of Bed and Breakfast
Bed and breakfast means an establishment operated in a private residence or portion thereof, which
provides temporary accommodations to overnight guests for a fee and which is occupied by the operator
of such establishment.
February 16, 2016 PZC Meeting – Case #SRU15001/MNR15033/AEC15004 – Bed & Breakfast SRU 1
Zoning
The Properties are zoned Residential Duplex (RD) and included in the Short Term Rental Zoning Overlay
District (STRO). According to the Avon Development Code (ADC), “properties in the STRO zone district
shall otherwise be subject to all requirements of the underlying zone district.” Land Use Table 7.24-1
specifically references a SRU for a Bed and Breakfast use in the RD zone district, if approved by the PZC.
According to the ADC, the RD zone district “is established to accommodate single-family and duplex
residential development either as single neighborhoods of similar units or in a development with a mix
of unit types. This district implements both the residential low density and residential medium density
classifications of the Avon Future Land Use Plan and should be located along a local road.”
Special Review Uses
Special Review Uses are regulated by Sec. 7.16.100 of the Avon Development Code (ADC) and provide a
discretionary approval process for uses that have unique or widely varying operating characteristics or
unusual site development features. The procedure encourages public review and evaluation of a
proposed use's operating characteristics and site development features and is intended to ensure that
the proposed use will not have a significant adverse impact on surrounding uses or on the community at
large. The PZC may approve a SRU permit in perpetuity, but may assign a shorter time as deemed
necessary.
At least thirty (30) days prior to the expiration of a SRU permit, the holder of an SRU permit may apply
for a review hearing before the PZC. The PZC could then review the use against the review criteria to
determine whether the SRU will be allowed to continue. If conditions of approval are not maintained, it
would be considered a violation of the ADC and subject to revocation proceedings.
Staff has determined that the proposed B&B at these locations is generally compatible with the zoning
overlay district and with existing adjacent uses comprised largely of lodging-type uses or residential
structures that permit short term rentals. Staff recommends conditional approval, with the Applicant
being required to reapply for the SRU permit after two (2) years in operation should the PZC approve
the SRU at this time. This would provide the Town with greater assurance that the operation will not
February 16, 2016 PZC Meeting – Case #SRU15001/MNR15033/AEC15004 – Bed & Breakfast SRU 2
cause excessive disruption to adjacent uses and vehicle parking will be managed by the owner and
manager of the B&B.
Comprehensive Plan Analysis
The Property is located within the Nottingham Park Residential District (District 21) of the Avon
Comprehensive Plan, identified as a low priority district. Specific Land Use Policies identified in the
Comprehensive Plan that support this application include:
• Policy C.1: Provide a balance of land uses that offers a range of housing options, diverse
commercial and employment opportunities, inviting guest accommodations, and high quality
civic and recreational facilities, working in concert to strengthen Avon’s identity as both a year-
round residential community and as a commercial, tourism and economic center.
As proposed, the Application is generally compliant with the Comprehensive Plan and provides short
term rental housing in an appropriate area of town.
Building Safety and Code Requirements
Willey Gray, Building Official for the Town of Avon in concert with the Eagle River Fire Protection District
has reviewed the proposed use and building modifications for the proposed B&B in accordance with the
Building and Fire Codes.
According to the Applicant, the units are equipped (or will be equipped in the case of Lot 38 when
construction permits are obtained) with hard-wired smoke detectors and carbon-monoxide detectors
and fire suppression (sprinkler) system is being installed. Additionally, every room has (or will have) a
functional fire extinguisher in the closet. Radon detectors are not required. These improvements bring
the intended use into compliance with building code requirements. Staff is recommending final sign-
offs from the Building Official and Fire District prior to Bed and Breakfast operations commencing.
Parking
The Properties are being reviewed concurrently since they would be sharing access and some parking
spaces. The Town code requires one (1) space per accommodation unit, but falls silent to operator
parking in the event of a Bed and Breakfast; therefore Staff has determined one space per duplex
structure since the properties may be managed independently. The total parking requirement
therefore is twenty-two (22) spaces for the Properties. There appear to be twenty four (24) functional
spaces with the proposed parking layout, if that parking layout is approved with accompanying Minor
Development Plan application.
The Town requires evidence of an easement and shared use agreement for construction of new
driveways and parking lots in locations that cross property lines for the purpose of providing mutual
ingress and egress and parking. The Applicant provided an executed Driveway and Shared Use
Agreement for the arranged parking.
Landscaping & Alternative Equivalent Compliance
As noted, some trees would require removal in order to reconstruct the parking areas in front and
behind the structures. The Applicant has demonstrated compliance with the minimum landscaping
quantities required by the ADC. In order to meet the screening standards for parking lot landscaping
requirements as it relates to location, the Applicant is proposing trees and native vegetation to be
placed in Town Right of Way consistent with other properties in the vicinity. These trees are not
February 16, 2016 PZC Meeting – Case #SRU15001/MNR15033/AEC15004 – Bed & Breakfast SRU 3
required to meet minimum quantity requirements; only for screening purposes. Site distance does not
appear to be an issue with the placement of new trees in the proposed locations.
The Landscaping modifications require review of Development Plan criteria and the AEC requires review
and conformance with its own set of criteria set by Sec. 7.16.020(f) of the Development Code.
According to code, the landscaping and parking modifications shall be reviewed as follows:
(1) Evidence of substantial compliance with the purpose of the Development Code as specified in
§7.04.030, Purposes;
Staff Response: This application is in general conformance with the Purpose statements of the
Development Code. Using the additional property for parking is an appropriate use of the land given
the intended use of the Properties for bed and breakfast operations and the resultant parking
requirements.
(2) Evidence of substantial compliance with the §7.16.090, Design Review.
Staff Response: The primary purpose of the Design Review section of the Development Code is to help
blend development into the built environment with careful thought to the location of buildings and
landscaping. With the proposing additional landscaping to buffer parking areas, the proposal appears
to fall in line with the Design Review section of code. Other properties (i.e. Avon Lake Villas), have
much more substantial areas of parking in the immediate vicinity with similar amounts of screening.
(3) Consistency with the Avon Comprehensive Plan;
Staff Response: The Property is located in District 21: Nottingham Park Residential. The planning
principles for this district include:
This Applicant is proposing to screen parking areas with additional landscaping materials and appears to
be compliant with the planning principles.
(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;
Staff Response: There are no previously approved development plans on file with Community
Development for the Properties.
(5) 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; and
Staff Response: As mentioned, other than the parking lot perimeter requirements in AMC §7.28.050(f),
Parking Lot Landscaping, this development plan is in compliance with the design and development
standards in the Development Code. Approval of the Development Plan for parking and landscaping is
contingent upon approval of the accompanying AEC request for perimeter landscaping.
February 16, 2016 PZC Meeting – Case #SRU15001/MNR15033/AEC15004 – Bed & Breakfast SRU 4
(6) That the development can be adequately served by city services including but not limited to roads,
water, wastewater, fire protection, and emergency medical services.
Staff Response: This development can be served by all services, including emergency medical and fire
protection services.
The AEC request for perimeter landscaping standards shall be reviewed in accordance with Sec.
7.16.120(d) of the Avon Development Code, as follows:
(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 Landscape Plan appears to achieve the intent of the Parking Lot Landscaping
Standards, by softening the visual appearance of parked vehicles as viewed from West Beaver Creek
Boulevard and Interstate 70. Added ground cover and native flower species also achieve the intent of
these standards.
(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: As stated, the alternative achieves the goals and policies of the Avon Comprehensive
Plan. It is difficult to know exactly what meeting the landscape buffer requirements for perimeter
landscaping would look like with an alternative form of screening on the border of the property (i.e.
fence), but the proposal achieves the goals and policies of the Avon Comprehensive Plan. The proposal
conforms to the Planning Principles for this Residential District, which speak to buffering parking areas
with landscaping.
(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 Landscape Plan results in an equivalent benefit to the community.
(4) The proposed alternative imposes no greater impacts on adjacent properties
Staff Response: As stated throughout, the proposed “alternative” landscape plan design does not
impose any increased impacts to adjacent properties than strict adherence to the code.
Special Review Use Review Criteria
A SRU application must meet the criteria set forth in Sec. 7.16.100 of the ADC as follows:
(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 proposed use achieves Goal C.1 of the Avon Comprehensive Plan by increasing the
number and diversifying the type of guest accommodations in Town. The Applicant is compliant with all
applicable provisions of the Avon Development Code in order to permit the bed & breakfast use at this
property through an approved Special Review Use permit. Approval of the site modifications required
approval of the accompany Minor Development Plan and AEC application to meet perimeter
landscaping standards.
(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 property is included in the Short Term Overlay District with RD zoning; the RD
district is intended for single family and duplex residential development either as single neighborhoods
of similar units or in a development with a mix of unit types. This particular neighborhood is a mixture
of duplex structures surrounded by higher density residential and lodging uses.
February 16, 2016 PZC Meeting – Case #SRU15001/MNR15033/AEC15004 – Bed & Breakfast SRU 5
A bed & breakfast operation is permitted as a SRU if approved by the PZC. No additional use-specific
standards are applicable but the development standards within this overlay district are regulated by the
underlying (RD) zoning. The Applicant has demonstrated compliance with all applicable development
standards such as parking in addition to bringing the duplex into compliance with applicable building
codes for safety.
(3) The proposed use is compatible with adjacent uses in terms of scale, site design, and operating
characteristics;
Staff Response: As described herein, the proposed bed & breakfast use within this specific
neighborhood is compatible as the property is adjacent to similar lodging-type uses and all adjacent
properties are included in the short term rental overlay district. For example, the neighboring property
to the north (Lot 33) is a duplex structure that may rent the entire duplex as a short term rental. Avon
Lake Villas to the South can be considered a high density multi-family project with on-site short term
rental management and uses.
(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: Potential nuisance issues such as noise, parking, and trash removal could be
experienced with renting any property for short term rental use. However, a bed and breakfast
operation differs from other adjacent properties who may rent their entire unit short term (i.e. a condo
at Greenbrier across the street) as an on-site manager is required and customary for this type of use. In
compliance with the definition of a Bed and Breakfast, the Applicant shall ensure the use is operator-
occupied to mitigate any potential impacts as a result of the use including parking, lighting, noise, odor,
dust and any other such external impacts.
(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: The Applicant is retrofitting the duplexes to all currently applicable building and fire
codes within existing buildings that are currently serviced with all utilities, police and fire protection. If
approved by the PZC, the Bed and Breakfasts should have a negligible impact on these utilities and
services over that of a standard residence.
(6) Adequate assurances of continuing maintenance have been provided.
Staff Response: The applicant is proposing that the bed and breakfast will have an on-site operator to
ensure effective management of the operation.
Staff Recommendations
1) Staff recommends that the PZC take action to approve Case #SRU15001, approving a Special
Review Use permit for a Bed & Breakfast with findings and conditions as listed:
Findings
1. The Application was reviewed in accordance with Sec. 7.16.100 Special Review Use and
determined to be eligible for consideration with the applicable review criteria.
2. The proposed use has a negligible impact to adjacent uses and activities, including other
short term rental properties immediately adjacent to or in the vicinity of the Properties.
February 16, 2016 PZC Meeting – Case #SRU15001/MNR15033/AEC15004 – Bed & Breakfast SRU 6
Conditions
1. The Special Review Use permit is valid for two (2) years from the date of approval and the
owner shall be responsible for submitting for review and approval by the PZC a new
application to renew the Special Review Use within six (6) months of expiration of the
approved SRU permit.
2. The owner shall ensure the duplexes are occupied with an operator.
3. The owner and/or operator shall ensure all guests, visitors, employees, owners and
operators of the Bed and Breakfast park on-site.
4. Prior to commencing operation of the units, the following must occur:
a. All parking spaces and landscaping shall be installed.
b. Final written sign-off from the Chief Building Official and Fire Department are on file
with the Community Development Department confirming compliance with all fire
and life safety requirements.
c. Evidence of tap fee payment(s) to be provided to Staff.
2) Staff recommends that the Planning and Zoning Commission take action to approve Case
#MNR15033 and Case #AEC15004, thereby approving a Minor Development Plan and AEC application
for parking and landscaping improvements as follows:
Finding
1. The Application is in conformance with the Minor Development Plan review criteria and AEC
review criteria in AMC §7.16.020(f) and §7.16.120(d) respectively.
Conditions
1. All parking spaces and landscaping shall be installed prior to the B&B operation
commencing.
Attachments
Vicinity Map
Application Narrative & Plans
Short Term Rental Overlay District Map
Public Comment
February 16, 2016 PZC Meeting – Case #SRU15001/MNR15033/AEC15004 – Bed & Breakfast SRU 7
SRU Application for 228A&B and 238 A& B West Beaver Creek Blvd, Avon, Colorado dated
February 3, 2016
Owner: Mein Haus, LLC& Mi Casa, LLC
c/o Todd Roehr, Manager
PO Box 202
Wolcott, Colorado 81655
Proposal:
Approval is requested to market and operate a Bed and Breakfast establishment on the premises of the
above noted properties.
Neighborhood
There is a one block section that these properties sit on, which is currently zoned for residential use. The
property is located within the town of Avon’s Short Term Rental Overlay district which allows rental of
the property for less than 30 days. Surrounding this one block section of Avon are commercial operations,
condominiums, hotels and businesses. The property immediately south at 220 West Beaver Creek Blvd is
a 20 room establishment approved for use as a Bed and Breakfast under PUD 22 and owned through
various legal structures by Robert Borg and his wife.
Background:
Historically, the building occupying 228 West Beaver Creek Blvd was constructed by Thomas and Hazel
Nawoczyk to run and function as a European style chalet under the business name Wildfire and it
functioned in that manner for a period of time. That property was purchased by Mein Haus, LLC in 2015
the past year with the intent to return the property to its original purpose. The property occupying 238
West Beaver Creek Blvd was purchased by Mi Casa, LLC from Mr. and Mrs. Kit Williams who also
originally intended to operate a Bed and Breakfast at this location until they developed health concerns
that delayed their plans. Both Mein Haus, LLC and Mi Casa, LLC are entities managed by Todd Roehr,
who has complete legal authority to operate the properties.
228 West Beaver Creek Blvd, Side A was purchased in February 2015 by Mein Haus, LLC and currently
has licenses in the Town of Avon, all of which are numbered 004364, as listed below:
The Town of Avon, Colorado Sales Tax License Issued 1/1/2015 with no expiration date
The Town of Avon, Colorado Business License-Short Term Accommodation Issued 7/31//2016
expiration 7/31/2016
The Town of Avon, Colorado Business License-Fixed Location Issued 2/1/2016 expiring 1/31/2017
Party Wall and Shared Use Issues:
It is the intent to unite side A and B of both buildings. In the 228 property this will be accomplished by
reinstalling a pass through that was in place prior its removal in February 2015. The pass through door
was initially removed in February 2015, when only one side of the property was purchased at that time.
(see photo below)
The property at 238 will be remodeled and have Spanish adobe style arches placed between the two sides
of the property in the common dining area. (See floor plan).
Amended party wall documents allowing each property to share utilities have been executed, filed and
accepted by Eagle County. Both properties will individually share common access across the party wall to
mandated fire suppression sprinkler systems and offsite monitored fire alarms, limitless hot water
production systems, Heating/Ventilation and Air conditioning (HVAC), laundry, common kitchen for
staff preparation of meals for guests, separate kitchen for use by guests, backup generator power, and
caretaker suites. Additionally, a document allowing shared use of parking and driveway has been
executed between the two properties. (See Attached)
(At the PZC meeting on December 1, 2015, Mr. Jared Barnes raised a question regarding the breach of
the party wall in these properties.
As discussed at that meeting and in actions since that time, the amendments to the Party Wall agreements
that allow breach of the party walls for both 228 West Beaver Creek and 238 West Beaver Creek were
filed and accepted by Eagle County 12/8/2015. Prior to filing these documents, the issue was discussed
with Town of Avon Attorney Eric Heil, who expressed no concern regarding the drafting and filing such
documents.
From a legal standpoint, a party wall agreement in a duplex acts to assure that if a common wall or
common property that lies along a line separating a duplex property is damaged or needs repaired, that
both sides have an obligation to maintain the common elements. Furthermore, if one party does not assist
in the upkeep and repair of the common element(s), then a lien can be placed on the non- complying
owner. Since both sides of these properties are owned by the same entity, the possible conflict and
argument becomes irrelevant and moot.)
Remodel and upgrades to existing physical structures and operating plant
Several upgrades to the properties have or are in the process of being completed at the present time and
several upgrades to the properties are in the planning, permitting and construction process currently.
Some of these upgrades are requested by the Town of Avon in order to operate these properties as a Bed
and Breakfast. Some upgrades are needed for the safety, health and welfare of the current and future
tenants. Some upgrades are useful for both of the previously mentioned purposes. Finally, some upgrades
being planned are not necessary under any minimal code requirements, but will improve the safety, health
and welfare of the current and future tenants regardless of the future approved special uses being
considered by this panel.
Parking Lot and Driveway (Alternative Equivalent Compliance)
The current driveways for both 228 and 238 West Beaver Creek Blvd are blacktop and in poor state of
repair from long term neglected maintenance by the previous owners and are scheduled to be replaced.
While the current footprint of the parking lots and driveways may comply with the current zoning
requirement for residential duplex, they are both inadequate for the current and projected occupancy of
the structures.
One parking plan submitted to the Town of Avon shows a new parking structure with a Town of Avon
code compliant 6 foot landscaping buffer on the private properties between the projected parking lot and
the Town of Avon Right of Way adjacent to West Beaver Creek Blvd in front of the structures. This plan
does not require approval by the Planning and Zoning Commission (PZC) for construction. A second plan
showing pavement up to the lot line adjacent to the Town of Avon Right of way would require approval
by the PZC under the Alternative Equivalent Compliance rule.
As noted, the Town of Avon Code requires a 6 foot landscape buffer between any parking lot for 3 or
more vehicles and the adjacent street. There is currently an 18 foot wide right of way owned by the Town
of Avon between the front lot lines and West Beaver Creek Blvd. Most of the 6 duplexes on the West
Side of West Beaver Creek Blvd currently have landscaping that overlaps this right of way.
The minimal parking requirement for a Bed and Breakfast as interpreted by previous Avon town planner
Brian Garner is one parking place per available room for rent. We concur with Mr. Garner’s interpretation
of the code and intend to exceed the minimal parking requirement for the combined properties. As such,
in order to maximize available parking spaces as well as provide additional driving and turning room for
vehicles, we respectfully request to place the mandatory 6 foot landscape buffer in the Town of Avon
right of way as an Alternative Equivalent Compliance under the Code of the Town of Avon. As
previously stated, there is 18 foot of grass between the lot line and West Beaver Creek Blvd. Currently,
on these 2 and other properties on the same side of West Beaver Creek Blvd there are numerous flowering
plants, trees, shrubs and scrub plants in the same right of way between the respective lot lines and the
street. The request to the PZC for Alternative Equivalent Compliance was first suggested to us by Eric
Heil, Town of Avon attorney, and it is our understanding this request represents a reasonable use
according to his personally expressed opinion.
In the proposed plans, there is a shared driveway between the front and back lots of the properties that
overlaps the lot line between the 228 and 238 properties. A driveway easement and shared use agreement
has been executed between Mein Haus, LLC and Mi Casa, LLC which are the respective owners of the
228 and 238 properties. A copy of this has been submitted along with the plans.
Under the current plan, Mein Haus and Mi Casa will each have 10 guest rooms. The proposed parking
plan shows a total of 26 parking places with 7 being covered. One parking spot bridges the two
properties’ lot line. Mi Casa has 9 outdoor and 4 covered parking spots for a total of 13.5 parking spaces,
while Mein Haus has 9 outdoor and 3 covered parking spots for a total of 12.5 parking spaces.
As mentioned previously, there is a Parking and driveway shared use agreement between the two
properties. Parking will be reserved for tenants and guests.
Landscaping:
The landscaping plan for each unit individually and collectively greatly exceeds the Town of Avon
landscaping standards as determined in Town of Avon Code 7.28.050 Landscaping
Town of Avon Code 7.28.050 section (C) does not list zoning district RD in the required landscaping area
minimum Table 7.28-6. However, the largest value for minimum Landscape area listed on that table is
for 25% of the lot area to be landscaped. Parking lot plans were scaled down to accommodate this
requirement, with Mi Casa (238) and Mein Haus (228) having 26.3% and 32.1% landscaping area totaling
2857 ft2 and 3494 ft2, respectively.
Required content of landscaping is determined by Table 7.28-7 in terms of landscaping units with a
minimum of 1 unit being required for each 50 square feet of landscaped area and 25% of the required
units being trees. Thus, 58 and 70 units are required for Mi Casa and Mein Haus respectively- 128 units
collectively. The requirements are met by the use of trees alone as per the table below:
Landscape
Units
Mi Casa (MC)
(MC)Uni
ts
Mein Haus
(MH)
MH
Units
Ne
w
Retaine
d
Ne
w
Retaine
d
Ne
w
Retaine
d
Evergreen
Tree
>10 ft 8 14 4 56 10 140
>8-10 ft 8 11 12 96 4
6-8 ft 6 9
Deciduous
tree
> 8 inch
caliper
n/a 14 0+5 5 70
> 4-8 Inch
caliper
n/a 11 0+3 3 33
>2.5-4 Inch
Caliper
7 9 0+4 4 36
Total Landscaping Units 152 139
The newly planted trees will be Colorado Blue Spruce of the maximum size reasonably obtained at the
time of planting, but at least 8 feet in height. The choice of tree is determined to more closely match
existing trees, however the appearance and disease resistance are the primary concern to the property
owner.
Once those trees are placed, additional ground cover will be planted using naturally occuring wildflowers
of the Colorado alpine environment to be chosen according to colorfulness and hardiness. Dr. Sarada
Krishnan, PhD Horticulturist, has agreed to consult and direct this project. Her background as Director of
Horticulture and Center for Global Initiatives at Denver Botanic Gardens; lead author of the Denver
Botanical Gardens’ in press book on Colorado wild flowers, and director of Horticulture and
Conservation at the Denver Butterfly Pavilion would qualify her as the most prominent expert in the state
of Colorado on this subject matter.
A significant Blue Spruce that is currently too close to the fire hydrant located between the two buildings
will either need to be sacrificed or moved as part of this project. Every effort will be taken to save the tree
and relocate it, but our ability to do this is in question. No other significant trees, as defined in Town of
Avon Code 7.28.050 (h)(1)(iv)(A), will be removed from either property. Sufficient replacement trees
will be planted to satisfy the requirement for removing the single significant Blue Spruce, as is required
by Town of Avon Code 7.28.050 (h)(1)(iv)(A)(2).
Fire Alarm and Fire Suppression Systems
The local fire marshall has requested that a sprinkler system and off-site 24 hour monitored fire alarm be
installed in the properties. Those systems are in currently being constructed in both the Mein Haus, LLC
and Mi Casa, LLC properties. These systems in Mein Haus may be operational by the time this matter is
heard by the PZC. The fire suppression and alarm system will be shared by both sides of each respective
property (228 and 238).
Structural changes
With respect to the requirements elicited in Town of Avon Code 7.16.100, no significant outward
structural changes are anticipated for either the 228 or 238 West Beaver Creek property in order to
function as a Bed and Breakfast.
A remodel of the 228 property ground floor has been completed by placing a ¾ bath on the South side
ground floor. The adjacent area will serve as an office and potential caretaker’s suite. The new bathroom
and shower will be usable by the caretaker and can also be used by tenants to clean up after late check out
following recreational activities in the Vail Valley. The ground floor rental unit on the North side of Mein
Haus will be remodeled at a later date to make it handicap accessible compliant. Making one of the units
fully ADA compliant will greatly enhance the marketability of the property.
The 238 property has never been completed internally on the North side of the building. The structural
design and engineering of the North side of that property has been evaluated for proper design and
possible structural remodeling by Tim Hennum, a structural engineer with KRM Consultants in Avon,
Colorado. The alterations suggested by him are minimal in scope.
As discussed at the December 1, 2015 PZC meeting, a reputable local professional architect (Greg Macik
of Tab Associates) has been contracted and has assisted in the design and floor plan modification for both
properties. Those plans are submitted to the PZC and are currently out for bid and George Roberts has
been retained to act as the general contractor for the future construction.
The caretaker suite on the 238 property is located on the ground floor adjacent to the laundry and
mechanical room with back office pass through and easy visualization of both properties. The office space
on 228 is also designed to double as capacity for an additional on-site caretaker occupancy to use in high
guest occupancy situations.
Hot Water Systems and Garage Heating for Fire Suppression system compliance
The hot water system of the 228 property has received a significant upgrade which will allow virtually
unlimited hot water supply to all rooms. The boiler system for this unit is located in the crawl space under
the North side of the building and in order for the South side of the building to have similar hot water
supply, a single pipe will cross the party wall in the crawl space. There are plans in place to put other
boiler units on the south side of the 228 property, but experience during full occupancy this winter with
seasonal workers has shown that capacity to be unneeded at this time.
The boiler also powers the Vail Valley’s first hydronic garage heaters which are now operational at Mein
Haus. These were installed by the expert plumbers at PSI of Avon, CO.
It is anticipated that a similar hot water boiler system will be built at Mi Casa.
Heating, Ventilation and Air Conditioning upgrade (HVAC)
Current heating systems are adequate for both buildings; however, the internal climate is overly warm in
the summer months. Therefore, an upgraded heating and air conditioning system will be placed in both
buildings this coming Spring.
Back up power
David D. Johnson, owner of Grand Electrical Services from Tabernash, Colorado has been consulted and
will place Generac back-up generators on both the 228 and 238 properties. The generators will be placed
near the electrical supply of each building and sit on their own independent concrete pads. These
generators will be able to run off of the current natural gas supply, or can run on propane should the
natural gas supply be interrupted by some extreme calamity in the valley.
Summary:
The proposed use is consistent with the original intent of these properties and the properties themselves
are compatible in terms of design, scale, site design and operating characteristics. No adverse impacts are
anticipated and the city facilities are already in place to service the proposed use of this property. As these
structures and businesses have essentially been abandoned for the past couple of years, continued
maintenance will undoubtedly improve in the future under the proposed use.
It is the wish and desire of Mein Haus, LLC and Mi Casa, LLC and all of its associates to cooperate with
the Town of Avon in all its functions to facilitate the approval of the use of this property as stated above.
Sincerely,
Todd Roehr, MD, Manager
Mein Haus, LLC
228A West Beaver Creek Blvd
Avon, CO 81620
Mi Casa, LLC
238 West Beaver Creek Blvd
Avon, CO 81620
Mailing address:
P.O. Box 202
Wolcott, CO 81655
970-949-4287
563-359-7987
563-343-3263 cell
Feet
0 10 20 40801 US HWY 6&24, SUITE 203 BOX 978 AVON, CO 81620 PH: (970)949-50726551 S. REVERE PARKWAY, SUITE 106 CENTENNIAL, CO 80111 PH: (303)948-6220
U S HWY 6
SWI
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NOTTINGHAMRD
EBEAVERCREEKBLVD
HURDLN
W BEAVERCREEKBLVD BUCKCREEKRDAVONRDRIVERFRONTLN
CHAPELPL
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NCHMARKR DSUNRD BEAVERCREEKPLSTONEBRIDGEDRAVONRDLAKESTPLAZAWAYThis map was produced by the Community Development Department.Use of this map should be for general purposes only.Town of Avon does not warrant the accuracy of the data contained herein.
Author: JSF (EagleCounty), 9/10/14IShort Term Rental Zoning Overlay and PUD Short Term Rentals 0 1,000500Feet
Short Term Rental Zoning Overlay Short Term Rental based on PUD Property Boundaries
Subject PropertiesLakes and RiversTown of Avon Boundary
Nottingham Lake
Eagle River
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Staff Report – Minor PUD Amendment
February 16, 2016 Planning & Zoning Commission Meeting
Report date February 12, 2016
Project type Case #PUD16001 - Minor PUD Amendment
Legal description Lot 2, Riverside
Zoning PUD
Address N/A
Prepared By Matt Pielsticker, AICP, Planning Director
Introduction
The Owner of the Red House property and adjacent Lot 2, Riverside (the Property), Red House
LLC, is applying for a Minor PUD Amendment. Currently, eight (8) Timeshare-Condominium
units are permitted on the property. The Application is requesting the ability to use a portion
of the Property for private use with a small cabin as an amenity to future condominium owners
of the Red House development. Attached to this report is the Application (Exhibit A) materials
and Ordinance 2015-12 (Exhibit B), an Ordinance which necessitated the submittal of this
application.
Background
The Property is part of the Riverside PUD which was originally slated for Residential High
Density Commercial, highway oriented commercial use. There were zoning amendments in the
1980s that changed the rights to all residential. The Eaglebend III workforce housing project
on Lot 1 completed the central portion of the PUD. Lot 2 has remained vacant and until late last
year, remained under Vail Associates’ ownership.
In the fall of 2015, Red House LLC acquired the Red House parcel and applied for an extension
to the vested property rights. During Town Council’s review of the vested rights request, the
adjacent parcel came to attention as a possible public access parcel. Council at that time
directed Staff to work with the applicant to ensure public access from the future ECO trail down
to the Eagle River through Lot 2, Riverside. Between first reading and second reading of
Ordinance 2015-12 (Exhibit B) Red House LLC acquired the Property.
It was later discovered that the Property is a development parcel allowing for up to 8 timeshare
-condominium units, and not zoned for open space as indicated on the Town of Avon Zoning
Map. Based on the new information and the desire to safeguard river access in the vicinity,
action on Ordinance No. 15-12 was continued from December 8, 2015 to the January 12, 2016
meeting in order for more time to work with the applicant.
Ordinance No. 15-12 was amended based on discussions between Staff, the applicant and the
Town Attorney. Since the future potential path connection and other desired amenities were
not part of the Red House PUD, it was determined that a PUD Amendment application was
necessary. Ultimately the vested rights extension was approved conditionally upon the
submittal of this Minor PUD Amendment application.
February 16, 2016 PZC Meeting – Minor PUD Amendment 1
Process
Minor PUD Amendment Process
This application is processed under §7.16.060(h), Amendments to a Final PUD, AMC. Subsection
(1)(ii), sets forth criteria for a Minor Amendment, while subsection (2)(ii) sets forth the review
procedures for the same process. The application, as submitted, meets the criteria for a Minor
Amendment. The February 16, 2016 meeting completes the public hearing requirements with
the PZC. Another public hearing is required with the Town Council and action by Council is by
resolution.
Public Notification
In compliance with the Public Hearing and noticing requirements, a mailed notice was provided
to all property owners within 300’ of the property. Additionally, a notice was published in the
Vail Daily newspaper on February 3, 2016.
Proposed PUD Amendment
The Application (Exhibit A) is limited to changes in use and permitting private and public access
to the Property. The proposal would allow for a new structure and footpath from the Red
House parcel to the approximate location of the existing abandoned structure that exists. The
Application also proposes to formally permit public access from the future Eagle Valley Trail
segment down to the river tract by footpath. The Application satisfies the requirements of
Ordinance 2015-12.
Staff Analysis
After reviewing the PUD review criteria below, Staff finds the Application is in conformance
with the purpose of the Development Code, review criteria, and there appears to be no
negative impact to neighboring properties. Maintaining the open space character of the
Property is important to the river corridor aesthetic; a small “fisherman’s cabin,” or similar
structure, should maintain the character of the area. Gaining another point of public access to
the river is invaluable to the Town and all users of the Eagle Valley Trail who might wish to go
down to the large boulders and view the river environment with distant views up the Eagle
River.
PUD Review Criteria
Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the PZC shall consider the following criteria
when forming the basis of a recommendation:
(i) 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
February 16, 2016 PZC Meeting – Minor PUD Amendment 2
provision of streets, roads, and other utilities and services; or increased choice of living and
housing environments.
Staff Response: The application confers a benefit to the Town in the form of a permanent
easement with public access that connects directly to Tract A – the open space river parcel.
It complies with the stated purposes of §7.04, Development Code, AMC, and §7.16.060, PUD,
AMC, includes statements regarding the implementation of the Comprehensive Plan;
regulating intensity of use; avoiding increased demands on public services and facilities; and
providing for compatibility with the surrounding area, among other statements.
The proposed amendment does not increase demands on public services, and provides
compatible land use with surrounding development. All other applicable development
standards would remain intact and the proposed structure would not exceed 20’ in height.
The Comprehensive Plan is analyzed below.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
Staff Response: The Application does not appear to negatively affect the public health,
safety and welfare. The Property is not suitable for residential development without
significant degradation of the natural habitat of Beaver Creek and the Eagle River.
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7.16.060(b);
Staff Response: As outlined in the Application, the neighborhood district in which the
Property is located is supportive to the proposed land uses. The following planning
principles from District 27: Nottingham Station/Eaglebend District directly support the
approval of this application:
• Provide a public access easement, where appropriate, within building setback areas in
development adjacent to the Eagle River for public enjoyment of the river and construction
of a public recreational trail.
• Building should be oriented to capitalize upon the Eagle River as an amenity. Parking areas,
trash containers, and other uses that could potentially disrupt the quality of the river
environment should be located away from the river and designed to have the least impact on
the river corridor. Set buildings back from the river to preserve its natural character, and
step building facades back away from the river to avoid creating a ‘canyon effect’.
• Limit building height to a scale that is subordinate to the Town Center and compatible with
the existing development and river environment. Buildings should be designed to step down
in height as they near the river and in response to the natural topography.
• Encourage landforms, landscaping and sidewalks between residences and U.S. Highway 6.
There are other goals and policies supportive of the Application, including but not limited to:
Policy I.1.1: Require new residential and resort developments to incorporate
recreational amenities that are accessible to the public.
February 16, 2016 PZC Meeting – Minor PUD Amendment 3
Policy I.1.2: Continue to evaluate and acquire parcels or easements for open
space, trails, and recreation.
Policy I.1.3: Integrate the town’s recreational trail system with the regional
trail systems (ECO Trails, U.S. Forest Service, and BLM).
Policy I.1.4: Require new annexations and developments to include or
otherwise contribute to land for trails, open space, and
recreation purposes.
(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 PUD amendment has no incremental impact on public facilities or
services; therefore, the existing services can adequately serve the property.
(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: The proposed Minor PUD Amendment should not result in any adverse
impacts upon the natural environment, wildlife, vegetation, or air. Carefully siting of a new
structure would be required by the Avon Development Code, with care to not disturb the
natural vegetation and setting that exists.
(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: Approval of the PUD amendment would not result in significant adverse
impacts upon other property in the vicinity as the proposed PUD Amendment maintains
visual and physical access to the river.
(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: A small structure would be compatible with scale with use or the future
potential condominiums on the Red House parcel, which sit much higher to the west.
Staff Recommendation
Staff requests that the PZC conduct a public hearing, consider public comments, and direct
Staff to prepare a formal Findings of Fact, Record of Decision, and Recommendation to Council
pursuant to Section 7.16.020(f)(3), Findings. Based on the analysis provided in the Application
and this report, Staff recommends approval of the Application.
Attachments
A: Application Materials
B: Ordinance 2015-12
C: Vicinity Map
February 16, 2016 PZC Meeting – Minor PUD Amendment 4
RIVERSIDE PUD
AMENDMENT
Minor PUD Amendment
Lot 2, Riverside | Parcel 2105-124-07-003
Submitted:
January 4, 2016
2
A. I NTR ODUCTION
The applicant and owner, Red House Avon, LLC, i s r equesting a Minor PUD Amendment
for Lot 2, Riverside. The Riverside PUD currently in effect identifies Lot 2 as an 8 unit lot,
allowing for a total of 8 residential development rights in the form of “Time-share,
Condominium.” The applicant is requesting the Town of Avon allow for the removal of the
8 assigned residential
development rights, and adding
the right to permit the
construction of a recreation
cabin structure in a similar
location to the old cabin
structure on-site. Additionally,
the ability for public access to
the Eagle River was requested
by the Town of Avon, and that
has been made part of this
application formally. Because
the lot is located within the
Riverside PUD, a minor
amendment to the PUD is
required.
The property is .3711 acres and is surrounded by Beaver Creek to the West, the Eagle River to
North and East, and Highway 6 to the South. Because the property is located significantly lower
than Highway 6 and the Town of Avon is planning construction of the Eagle Valley Regional
Trail in the summer of 2016, access to the property for Residential land use is inhibited. The
platted easements related for the Eagle Valley Regional Trail also heavily encumber the
Property. Since acquiring the “Red House” property to the West, it became apparent that the
potential for a private use (i.e. fishers cabin) could be a beneficial use for owners and guests on
that
3
property.
Through the vested rights extension request for the “Red House”, the Town of Avon
requested the potential to access to the Eagle River from the Eagle Valley Regional Trail. The
concept is for a switchback footpath dropping down to Tract A, an Open Space river parcel.
Submittal of this application was required by approval of Ordinance 2015-12, the Ordinance
approving a vested rights extension for the “Red House” parcel. The Ordinance was approved
with the following conditions:
1. The PUD amendment application shall be submitted no later than April 30, 2016.
2. The amended PUD Plat shall include the conveyance of a 1,748.5 sq.ft. easement across
Lot 2, Riverside PUD, Avon, CO, as shown on the attached Exhibit A, for the purpose of
public access as an unimproved or natural foot path to be maintained by the Town, which
conveyance shall occur by an instrument acceptable to the Town.
3. Owner, as owner of Lot 2, Riverside PUD, shall abandon the existing development rights
on as provided on Lot 2 of the Riverside PUD and apply for the right to use Lot 2,
Riverside PUD for recreation cabin as a private amenity, built in the location of the
remains of the current cabin structure, or in a similar location, and with a similar square
footage, bulk, size and height, or such square footage, bulk, size and height as may be
proposed by the Owner and for the right to use Lot 2, Riverside PUD private open space
and private passive recreation uses.
4. The Town shall waive any application and associated fees provided that the application
for a PUD amendment application is timely submitted and provided that such application
meets the conditions stated herein.
5. Nothing contained herein shall restrict or infringe upon the discretion of the Avon
Planning and Zoning Commission and Town Council to review and act upon an
application to for an amendment to a planned unit development.
4
B. B A C K G R O U N D
The Town of Avon approved the annexation of the property in in 1983 with the approval of
Ordinance 1983-40. Given the properties relatively narrow shape, adjacency to Highway 6, and
river frontage, the original concept was for highway oriented commercial development with
some residential component. It was therefore designated with High Density Residential and
Commercial zoning classification. A few years later the Town approved Ordinance 1989-5,
providing for the amendment of the Zoning District Map which included Lot 2 of Riverside.
The Property was under ownership by Vail Associates for several years before acquisition by
Red House LLC, with the understanding it might have some value as open space and some
private use given its proximity to the “Red House”. The Final Plat for Riverside is wedged
between Highway 6 and the Eagle River as shown below:
C. Z ONING A NAL Y SIS
Development
Standard
Existing Proposed
Density: 8 Units (Timeshare/Condo) 0
Setbacks: Front: 25 feet
Side & Rear: 30 feet from Mean Annual
High Water Line of Beaver Creek and
Eagle River
Front: 25 feet
Side & Rear: 30 feet from Mean
Annual High Water Line of Beaver
Creek and Eagle River
Maximum Height: 7,500’ U.S. Geological Survey Datum 20’ as measured per Town Code
Allowed Uses Time-share, Condominium Private Path, Open Space,
Landscaping, Public paths, Bike
Paths, Picnic Areas
5
D. C RITERIA FOR R EVIEW
Section 7.16.060.4 establishes the criteria for review of a PUD amendment. Section 7.16.060.4
states:
Review Criteria. The PZC and Town Council shall consider the following criteria as the basis for a
recommendation or decision to rezone a proper ty to PUD Overlay, and approve a preliminary PUD plan,
or process a PUD amendment:
(i) 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.
Applicant Response: The proposed amendment to the Riverside PUD to remove
residential development rights is appropriate and an improvement given the natural setting
of the property and the forthcoming Eagle Valley Trail extension. By eliminating any
potential for residential construction open space is preserved, and the riparian corridors
are conserved. Additionally, trees and vegetation will be maintained or mitigated and could
be enhanced further.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
Applicant Response: Preservation of the property will promote the public health, safety,
and general welfare. Open space is being preserved and public river access is achieved with
this Minor PUD Amendment application.
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7.16.060(b);
Applicant Response: The Property is located in the
Nottingham Station/Eaglebend Residental District
according to the Avon Comprehensive Plan. This district
speaks to design issues for development int eh area to
address visibility from Highway 6, as well as the protection
of the riparian environment along the Eagle River. The
Avon Comprehensive Plan also talks about “appropriate
public access along the river” in the Nottingham
Station/Eaglebend Residentail District, which is achieved
with a platted access easement for another informal river
access point of the regional trail network.
6
The purpose of the Development Code is provided in Section 7.04.030 Purposes of the
Avon Development Code:
The Development Code is intended to promote and achieve the following goals and purposes for the
Avon community, including the residents , proper ty owners , business owner s and visitors:
(a) Divide the Town into zones, restricting and requiring therein the location, erection, construction,
reconstruction, alteration and use of buildings , structures and land for trade, industry, residence and
other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of
open spaces surrounding such buildings; establish building lines and locations of buildings designed for
specified industrial, commercial, residential and other uses within such areas; establish standards to
which buildings or structures shall conform; establish standards for use of areas adjoining such
buildings or structures;
(b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning
documents of the Town;
(c) Comply with the purposes stated in state and federal regulations which authorize the regulations in
this Development Code;
(d) Avoid undue traffic congestion and degradation of the level of ser vice provided by streets and
roadways , promote effective and economical mass transportation and enhance effective, attractive and
economical pedestr ian oppor tunities;
(e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl
of population;
(f) Provide a planned and orderly use of land, protection of the environment and preser vation of
viability, all to conserve the value of the investments of the people of the Avon community and
encourage a high quality of life and the most appropriate use of land throughout the municipality;
(g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which
exceed capacity or degrade the level of service for existing residents; provide for phased development
of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and
users; and promote sufficient, economical and high-quality provision of all public ser vices and public
facilities, including but not limited to water, sewage, schools , libraries, police, parks , recreation, open
space and medical facilities;
(h) Minimize the risk of damage and injury to people, structures and public infrastructure created by
wild fire, avalanche, unstable slopes , rock fall, mudslides , flood danger and other natural hazards;
(i) Achieve or exceed federal clean air standards;
(j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion,
reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams
and enhancing public access to recreational water sources;
(k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical
and archaeological impor tance , provide for adequate open spaces , preserve scenic views , provide
recreational oppor tunities , sustain the tourist-based economy and preserve proper ty values;
(l) Promote architectural design which is compatible, functional, practical and complimentar y to Avon's
sub-alpine environment;
7
(m) Achieve innovation and advancement in design of the built environment to improve efficiency,
reduce energy consumption, reduce emission of pollutants , reduce consumption of non-renewable
natural resources and attain sustainability;
(n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the
Town, provides a range of housing types and price points to ser ve a complete range of life stages and
promotes a balanced, diverse and stable full time residential community which is balanced with the
visitor economy;
(o) Promote quality real estate investments which conserve proper ty values by disclosing risks , taxes
and fees; by incorporating practical and comprehensible legal arrangements; and by promoting
accuracy in investment expectations; and
(p) Promote the health, safety and welfare of the Avon community.
As demonstrated within this document, the proposal is consistent with and in substantial
compliance with the purpose of the Development Code by reducing the number of
dwelling units located in a sensitive riparian area that will remain mostly open space, with
river access provided by the Town.
The eligibility criteria for a PUD are outlined in Section 7.16.060(b) and state the following:
(1) Property Eligible . All proper ties within the Town of Avon 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 §7.16.060(a).
(4) Compatibility with Existing Uses.The proposed development shall not impede the continued
use or development of surrounding proper ties 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.
As demonstrated within this document, the proposal is consistent with the eligibility criteria
for a PUD. The proposal is consistent with the Avon Comprehensive Plan and compatible
with existing uses. The access easement will provide public access into perpetuity, gaining
valuable public access to Tract A.
(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;
Applicant Response: Utilities, if needed for the private recreation cabin, are available
from the adjacent property.
8
(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;
Applicant Response: The proposal is not likely to result in significant impacts to the
natural environment. If a future proposal for a recreation cabin is submitted, it must
comply with Natural Resource Protection provisions outlined in the Avon Development
Code, which safe harbor the Town and public from any such impact.
(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
Applicant Response: Red House LLC owns the neighboring property and intend to
develop the fifteen residential townhomes. This proposal is compatible with residential and
open space uses that surround the property.
(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.
Applicant Response: As stated, future use of a private cabin for owners of the ”Red
House” makes this a compatible use.
9
E. A DJA CENT A DDRESSES (within 300 Feet)
TOWN OF AVON, COLORADO
ORDINANCE 2015 -12
AN ORDINANCE AMENDING THE ANNEXATION AND
DEVELOPMENT AGREEMENT THEREBY EXTENDING
THE EXISTING VESTED PROPERTY RIGHTS FOR THE
RED HOUSE PUD PROPERTY LOCATED AT LOT 1,
EAGLE RIVER AT AVON SUBDIVISION, TOWN OF
AVON, STATE OF COLORADO
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, Dominic Mauriello, Mauriello Planning Group on behalf of Red House Avon,
LLC ( "Applicant' or "Owner ") has submitted a Vested Property Rights Application
Application ") to amend the Annexation and Development Agreement approved by Council
through Ordinance 09 -07 ( "Development Agreement'), thereby amending the term of the
Development Agreement as defined in Section 3.1 of Article III; and
WHEREAS, the Application amends Section 3.1 of Article III of the Development
Agreement to extend the expiration date for an additional three (3) years to then expire July 28,
2019; and
WHEREAS, pursuant to Section 7.16.140(f), Extension of Vested Property Rights, the Town
Council finds the Application eligible for consideration since the Application was submitted at
least six (6) months prior to the expiration of the vested property rights; and
WHEREAS, pursuant to Section 7.16.140(e)(2), Avon Municipal Code, the Town Council
has considered the applicable guidelines for the Application; and
WHEREAS, the Town Council of the Town of Avon held public hearings on November 17,
2015 and January 12, 2016 after posting notice of such hearings in accordance with the
requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all
comments provided before taking action; and
WHEREAS, the Town Council makes the following specific findings as the basis for its
decision as required by Section 7.16.020(f)(3) of the Avon Development Code:
The Application meets the review criteria set forth in Section 7.16.140(e)(2), specifically:
ii) and (iii) Property values and the real estate market experienced a significant downturn for
several years, commencing locally in early 2009 and continuing for several years during the
Ordinance No. 2015 -12 — Red House Vested Property Rights
SECOND READING — January 12, 2016
Page 1 of 5
initial vested rights period and market conditions for the construction of new multi - family
residential product have improved only recently; and,
iv) There have been no changes to the Avon Comprehensive Plan or other community
planning documents that affect the project as originally approved in 2009; therefore, the project
continues to comply with the Avon Comprehensive Plan and other community planning
documents; and,
v) The project has provided a portion of the required public amenities through the dedication
of land for recreation and preservation of the Eagle river and the terms of the Development
Agreement require additional amenities including road way improvements, school land
dedications, water rights dedications, landscaping improvements and employee housing
mitigation; and,
vii) The extended duration of the vested property rights for an additional five (5) years is
reasonable considering the local, state and national economic recovery and local market
conditions for new construction of multi- family residential product and considering the
conditions related to integration of Lot 2, Riverside PUD, adjoining the current property; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon home rule charter and the Avon
Development Code by setting a public hearing in order to provide the public an opportunity to
present testimony and evidence regarding the application and that approval of this Ordinance on
first reading does not constitute a representation that the Town Council, or any member of the
Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Red House Annexation and Development Agreement Amendment. The Town
Council gives conditional approval to the extension of the vested property rights as set forth in
Section 3 below. The Red House Annexation and Development Agreement is hereby amended
by replacing the language in Article III — Term, Section 3.1 in its entirety to read as follows:
3.1 Term. In recognition of the nature of the development contemplated under this
Agreement, the investment and time required to complete the development of the
Property, the potential for phased development of the Property, the possible impact of the
recent economic downturn and other economic cycles, and poor market conditions at the
time of approval, and in recognition of the current severity of the economic recession and
uncertainty of economic recovery, the term of the Vested Property Rights shall
Ordinance No. 2015 -12 — Red House Vested Property Rights
SECOND READING — January 12, 2016
Page 2 of 5
commence on the Effective Date and shall continue through and including the twelfth
12th)
anniversary of the Effective Date ( "Term ") and shall expire on July 28, 2021.
Expiration or earlier termination of the Term shall not (a) affect any other obligations of
the Parties contained in the Agreement, (b) affect any right arising from the issuance of a
building permit (but limited to the building for which it is issued) or cormnon law vested
property rights obtained prior to the expiration of the Term, or (c) without additional
action, result in the termination or rescission of any other legislative, quasi-judicial or
administrative approvals occurring prior to the expiration of the Term."
Section 3. Conditions of Approval. The Town Council approval of the extension of the
Vested Property Rights is subject to conditions as described in this section. In the event that the
conditions are not satisfied on or prior to December 31, 2016, the Town Council may repeal this
ordinance by ordinance and thereby revoke the extension of Vested Property Rights. The
conditions of approval include the following:
The Owner shall submit an application to amend the Riverside PUD, which application shall
include the following:
1. The PUD amendment application shall be submitted no later than April 30, 2016.
2. The amended PUD Plat shall include the conveyance of a 1,748.5 sq.ft. easement across
Lot 2, Riverside PUD, Avon, CO, as shown on the attached Exhibit A, for the purpose
of public access as an unimproved or natural foot path to be maintained by the Town,
which conveyance shall occur by an instrument acceptable to the Town.
3. Owner, as owner of Lot 2, Riverside PUD, shall abandon the existing development
rights on as provided on Lot 2 of the Riverside PUD and apply for the right to use Lot
2, Riverside PUD for recreation cabin as a private amenity, built in the location of the
remains of the current cabin structure, or in a similar location, and with a similar square
footage, bulk, size and height, or such square footage, bulk, size and height as may be
proposed by the Owner and for the right to use Lot 2, Riverside PUD private open
space and private passive recreation uses.
4. The Town shall waive any application and associated fees provided that the application
for a PUD amendment application is timely submitted and provided that such
application meets the conditions stated herein.
5. Nothing contained herein shall restrict or infringe upon the discretion of the Avon
Planning and Zoning Commission and Town Council to review and act upon an
application to for an amendment to a planned unit development.
Section 4. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical,
grammatical, cross - reference, or other errors which may be discovered in any documents
Ordinance No. 2015 -12 — Red House Vested Property Rights
SECOND READING — January 12, 2016
Page 3 of 5
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
Section 5. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
EXECUTIONPAGE FOLLOWS]
Ordinance No. 2015 -12 — Red House Vested Property Rights
SECOND READING — January 12, 2016
Page 4 of 5
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED on November 17, 2015 and a public hearing on this ordinance shall be held at the
regular meeting of the Town Council on January 12, 2016, at 5:00 P.M. in the Council
Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado.
BY: ATTEST:
Jenni ancher, Mayor Debbie Hoppe, Tow"A Clerk
AD PTED ON SECOND AND FINAL READING on January 12, 2016.
B ATTEST:
J ie ancher, Mayor Debbie Hoppe, Tow erkC
OV AS TO
Eric J.Qlair, Town Attorney
Ordinance No. 2015 -12 — Red House Vested Property Rights
SECOND READING — January 12, 2016
Page 5 of 5
lot 2 Riverside Vicinity Map