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PZC Packet 060716PZC Findings of Fact and Record of Decision: #MNR16006 Ulele Sculpture Wells Fargo Page 1 of 1 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF DECISION: May 17, 2016 TYPE OF APPLICATION: Minor Development Plan FILE NUMBER: #MNR16006 PROPERTY LOCATION: Lot 22AB, Block 2, Benchmark at Beaver Creek Subdivision ADDRESS: 245 Chapel Place APPLICANT/OWNER: CSB Property Holdings, LLC These findings of fact and record of decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.020(f): DECISION: Denied with 4-3 vote. FINDINGS: 1. The application was reviewed pursuant to §7.16.080(f), Development Plan, and §7.16.090(f), Design Review, and was not deemed appropriate. 2. The application is inadequate and lacking conformance with the Comprehensive Plan goals and policies related to beautification of the Town through public art and landscaping improvements. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ Jim Clancy, Chairperson PZC Findings of Fact and Record of Decision: #MNR16010 & #AEC16004 Page 1 of 1 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF DECISION: May 17, 2016 TYPE OF APPLICATION: Minor Development Plan / Alternative Equivalent Compliance FILE NUMBER: #MNR16010 & #AEC16004 PROPERTY LOCATION: Lot 70, Block 2, Benchmark at Beaver Creek Subdivision ADDRESS: 71 Beaver Creek Place APPLICANT: Open Studio Architecture OWNER: ANB Bank These findings of fact and record of decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.020(f): DECISION: Approved with 6-1 vote. FINDINGS: 1. The applications were reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review, and §7.16.120, and was determined to be compliant with the review criteria. 2. The applications are in conformance with the Purpose provisions of the Development Code including Sec. 7.04.030(l) “Promote architectural design which is compatible, functional, practical and complimentary to Avon’s sub-alpine environment.” 3. The alternative landscape design and AEC application does not impose any increased impacts to adjacent properties. CONDITIONS: 1. “Alternative 1” with warm color option is approved. 2. Stone veneer will be removed and replaced with brick to match the building. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ PZC Chairperson 1 May 17, 2016 Planning and Zoning Commission Meeting Minutes Town of Avon Planning & Zoning Commission Meeting Minutes Tuesday, May 17, 2016 I. Call to Order The meeting was called to order at approximately 5:10pm. II. Roll Call All Commissioners were present. III. Additions & Amendments to the Agenda The Consent Agenda was moved after the public hearings. IV. Conflicts of Interest There were no conflicts of interest disclosed. V. Consent Agenda  Findings of Fact and Record of Decision for File #MNR16006, Avon Road Right of Way, Block 2, Benchmark at Beaver Creek / 182 Avon Road Action: Commissioner Barnes moved to approve the consent agenda. The motion was seconded by Commissioner Howell and the vote passed 7-0. VI. Nottingham Park Playground (5:00pm-6:00pm) – WORK SESSION Property: Tract G, Nottingham Park Summary: The Town’s preliminary plans for a new playground and associated facilities in Nottingham Park will be presented by consultants from Norris Design and Churchich Recreation. Action: No action necessary. VII. 3087 Residences Minor PUD Amendment – CONTINUED PUBLIC HEARING File: PUD16003 Application Type: Minor Planned Unit Development Amendment Property: Lot 110, Block 1, Wildridge Subdivision Applicant: Dominic Mauriello, MPG Owner: Valorale Wildridge One LLC Summary: Proposal to modify existing two (2) unit zoning designation which allows for one (1) single-family residence or one (1) duplex structure; to allow two (2) single-family detached structures. This application was first heard on April 5, 2016 and continued pending changes based on Commissioner and public comments. Public Comments: No comments were received. 2 May 17, 2016 Planning and Zoning Commission Meeting Minutes Action: Commissioner Barnes moved to continue Item VII and Public Hearing to the June 7, 2016 meeting. Commissioner Hardy seconded the motion and all were in favor. VIII. ANB Bank Modifications – CONTINUED PUBLIC HEARING Files: MNR16010 | AEC16004 Application Type: Minor Development Plan | Alternative Equivalent Compliance Property: Lot 70 Block 2, Benchmark at Beaver Creek / 71 Beaver Creek Place Applicant: Open Studio Architecture Owner: ANB Bank Summary: Application for exterior modifications including new building materials, a new building entrances, site and landscaping upgrades for the entire property. Public Comments: No comments were received. Action: Commissioner Howell motioned to approve the Minor Development Plan and AEC for Lot 70, Block 2, Benchmark at Beaver Creek with the following findings and conditions: Findings: 1. The applications were reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review, and §7.16.120, and was determined to be compliant with the review criteria. 2. The applications are in conformance with the Purpose provisions of the Development Code including Sec. 7.04.030(l) “Promote architectural design which is compatible, functional, practical and complimentary to Avon’s sub-alpine environment.” 3. The alternative landscape design and AEC application does not impose any increased impacts to adjacent properties. Conditions: 1. “Alternative 1” with warm color option is approved. 2. Stone veneer will be removed and replaced with brick to match the building. The motion was seconded by Commissioner Minervini and the vote passed with a 6-1 vote; Commissioner Bonidy opposed. IX. ANB Bank Master Sign Program - CONTINUED File: SGN16004 Application Type: Master Sign Program Property: Lot 70 Block 2, Benchmark at Beaver Creek / 71 Beaver Creek Place Applicant: Open Studio Architecture Owner: ANB Bank 3 May 17, 2016 Planning and Zoning Commission Meeting Minutes Summary: Application for exterior signage including four building mounted sign locations, two directional freestanding signs, and one tenant identification freestanding signs. Public Comments: No comments were received. Action: Commissioner Hardy moved to approve the Master Sign Program for Lot 70, Block 2, Benchmark at Beaver Creek with the following findings and conditions: Finding: 1. The Application was reviewed in conformance with Avon Municipal Code §15.28, Sign Code, and found to be in conformance with the Master Sign Program general requirements, and design review criteria outlined in AMC §15.28.070. Condition: 1. LED lighting will be set to a lower brightness setting. The lighting details are to be submitted to staff for approval prior to installation. Commissioner Bonidy seconded the motion and it passed with a 6-1 vote; Commissioner Barnes opposed. X. Public Art Sculpture – PUBLIC HEARING File: MNR16006 Application Types: Minor Development Plan Properties: Lot 22AB, Chapel Square Subdivision / 245 Chapel Place Applicant/Owner: CSB Property Holdings, LLC Summary: Application for Ulele sculpture to be relocated to landscape island in front of Wells Fargo Bank in existing public art location. Public Comments: No comments were received. Action: Commissioner Bonidy moved to approve the Minor Development Plan for Lot 22AB, Chapel Square with the following findings and condition: Findings: 1. The application was reviewed pursuant to §7.16.080(f), Development Plan, and §7.16.090(f), Design Review, and was determined to be compliant with the review criteria. 2. The application is in conformance with the Comprehensive Plan goals and policies related to beautification of the Town through public art and landscaping improvements. Conditions: 4 May 17, 2016 Planning and Zoning Commission Meeting Minutes 1. The relocation plan for Basket Dancers will be approved by the Planning and Zoning Commission. 2. 1’ maximum base height will be utilized for the sculpture. Commissioner Barnes seconded the motion and the motion failed with 3 in favor and 4 opposing. Commissioner Minervini moved to deny the Minor Development Plan for Lot 22AB, Chapel Square with the following findings: Findings: 1. The application was reviewed pursuant to §7.16.080(f), Development Plan, and §7.16.090(f), Design Review, and was not deemed appropriate. 2. The application is inadequate and lacking conformance with the Comprehensive Plan goals and policies related to beautification of the Town through public art and landscaping improvements. Commissioner Golembiewski seconded the motion and the motion passed with 4-3 vote. XI. Approval of Meeting Minutes  May 3, 2016 Meeting Minutes Action: Commissioner Barnes moved to approve the consent agenda. The motion was seconded by Commissioner Hardy and the vote passed 7-0. XII. Adjourn The meeting was adjourned at 7:49pm. Approved this 7th Day of June, 2016 SIGNED: _______________________ Jim Clancy, Chairperson Staff Report – Minor PUD Amendment June 7, 2016 Planning & Zoning Commission Meeting Project File Case #PUD16003 Legal description Lot 110, Block 1, Wildridge Subdivision Zoning PUD (2 Units) Address 3087 Wildridge Road Owner Prepared By Valorale Wildridge One LLC Matt Pielsticker, Planning Director Introduction Dominic Mauriello, the Applicant, representing Volorale Wildirdge One LLC, the Property Owner, is requesting a Planned Unit Development (PUD) Amendment (the Application) to modify the allowed building type for Lot 110, Block 1, Wildridge Subdivision (the Property). Currently, two (2) dwelling units in the form of one (1) single-family-detached structure or one (1) duplex structure are permitted by- right. The Application is requesting to amend the zoning to change the allowed building type to construct two (2) single-family-detached structures on a re-subdivided lot. This file and public hearing was heard and continued from the April 5, 2016 PZC meeting. Since the last public meeting meeting the application was revised with the following changes: reduced maximum building footprint sizes, revised site design between structures with less bridging, two curb cuts instead of one, and increased distance between the neighboring property to the south. Process Minor PUD Amendment Process According the Avon Development Code, a proposed PUD amendment is considered minor if it meets the following criteria for decision and has been determined as such by the Director: (A) The PUD amendment does not increase density, increase the amount of nonresidential land use or significantly alter any approved building scale and mass of development. (B) The PUD amendment does not change the character of the development and maintains the intent and integrity of the PUD. (C) The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. 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. 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 March 25, 2016. Public Hearings The April 5, 2016 and June 7, 2016 meetings complete the public hearing requirements for PZC review. As noted, the Council will make the final decision on this Application after holding one more public hearing and acting on a Resolution. The Town Council hearing is scheduled for June 14, 2016. June 7, 2016 PZC Meeting – 3087 Wildridge Road PUD Amendment 1 Proposed PUD Amendment The Property is currently undeveloped, zoned PUD and is included in the Wildridge Subdivision. The Wildridge Subdivision and PUD Plat contains a Land Use Summary table indicating the number of units entitled for each individual lot. Lot 110 is shown as entitled for two (2) units in the form of either one (1) single-family-detached structure or one (1) duplex structure. The Application includes a narrative, response to the mandatory review criteria, and preliminary site and building design plans showing a likely development scenario. This Application is requesting to create two (2) separate lots of record that each would be permitted one (1) single-family-detached structure: Approval of this request would supersede the existing entitlement of a duplex on the lot and would only allow one (1) single-family-detached structure on each new lot. The Application proposes to keep standard Wildridge easements: ten (10) foot front Snow Storage, Maintenance Easement, and seven and one-half (7.5) foot side yard drainage and utility Easements. Setbacks would also be consistent with the current PUD standards: 1) twenty-five (25) foot front setback and ten (10) foot side and rear setback. The internal lot line setback between structures would also be maintained at ten (10) feet, which would maintain a minimum of twenty (20) feet between the two structures. The application was modified since last review to increase the setback on the south side of the property from ten (10) feet to thirty (30) feet. Staff Analysis The current development rights allow a single duplex structure. The proposal is analyzed in comparison with a maximized development of the property to better determine the scenario most beneficial to the neighborhood and adjacent properties. Staff finds there are several advantages of the proposed Lot 21 PUD Amendment that mitigate the potential consequences of constructing a large duplex, including: • Decreased building footprint through self-imposed restrictions resulting in increased open space/undevelopable area between and below the structures • Livable square footage maximums, which ensure compatibility with size of neighboring structures • Increased building separation between property to south with newly platted 30’ setback line. The Applicant is not requesting any special privilege, variance or zoning beyond a residential classification containing development rights of two (2) units, unchanged from the current entitlement. The proposed PUD amendment solely requests a change from attached dwelling units to detached dwelling units and self-imposes restrictions in doing so. To conclude, the proposed development scenario is advantageous to adjacent neighbors who will be impacted by any development of the Lot Lot Size Building Height Footprint Limit Livable Area Garage Area Max Area w/ Garage Lot 110A 0.71 acres or 31,030 sf 35 ft. 2,600 max 4,460 sf max 900 sf max 5,360 sf max Lot 110B 0.48 acres or 21,058 sf 35 ft. 2,032 max 3,607 sf max 900 sf max 4,500 sf max TOTAL 1.2 acres or 52,288 sf N/A 4,902 max 8,067 sf max 1,800 sf max 9,860 sf max June 7, 2016 PZC Meeting – 3087 Wildridge Road PUD Amendment 2 property. The Applicant has proactively contacted or been contacted by neighbors to address any potential concerns. 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 provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Staff Response: 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 3087 Residences PUD amendment does not increase demands on public services, and provides compatible building layouts with the surrounding area. It should be noted that other applicable development standards (parking, design standards, access requirements) would remain intact, or be superseded with stricter standards as outlined in the attached PUD submittal. The request for two curb cuts on Wildridge Road, however, it results in less site disturbance between the structures by keeping the homes closer to the road and less need for bridging. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: Staff finds that the Application better promotes the public health, safety and welfare over that of the existing development rights for a duplex because the Applicant is imposing stricter standards than the existing development standards. The inclusion of single-family structures on the Property is compatible with the adjacent residential uses which are a mix of single-family, duplex, and fourplex buildings. Furthermore, the application does not propose to change from the existing residential designation. (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: The proposed PUD amendment is part of an established PUD, and is therefore not subject to the eligibility criteria or Public Benefit requirements outlined in §7.16.060(b). Consistency with the Comprehensive Plan is required and analysis is provided below. The Comprehensive Plan includes this property within District 24: Wildridge Residential District. The planning principals specific to this property include the following: • Site buildings of varying sizes along the street to maximize sun exposure, protect views, be compatible with existing surrounding development, and break up building bulk. The majority of the Wildridge District planning principles involve enhancing and promoting open space connectivity. This property is located adjacent to a large open space tract and does not impact that area of the subdivision. Approval of this Application would result in consistency of building sizes June 7, 2016 PZC Meeting – 3087 Wildridge Road PUD Amendment 3 found in the vicinity. The break from a single duplex structure into two structures has the potential to maximize light and air and decrease overall massing. (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 does not change the current development rights to construct two residential units; 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: When compared to the existing duplex zoning, the proposed Minor PUD Amendment will not result in any adverse impacts upon the natural environment, wildlife, vegetation, noise, or air. Storm water management may be improved with more opportunities for storm water runoff between the buildings and underneath the supporting cantilevered design (if that conceptual development plan is pursued). (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 this PUD amendment may result in a lesser overall impact to neighboring properties since the proposed development standards are stricter than the existing development standards. (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: Single-family-detached residential use is compatible in scale with current and potential uses on other properties in the vicinity of the Property. Staff Recommendation  Staff is recommending approval of the Application. The PZC shall conduct a public hearing, consider public comments, and approve Findings of Fact, Record of Decision, and Recommendation to Council pursuant to Section 7.16.020(f)(3), Findings. Recommended Motion: “I move to recommend approval of Case #PUD16003, an application for a Minor PUD Amendment for Lot 110, Block 1, Wildridge Subdivision together with the findings of fact noted in Staff’s report” The following Findings may be applied should PZC make a favorable recommendation to Council: 1. The 3087 Residences application meets the eligibility requirements for a Minor PUD Amendment by not increasing density, increasing the amount of nonresidential land use, or significantly alter any approved building scale and mass of the development. 2. The 3087 Residences PUD Amendment does not change the character of the development and maintains the intent and integrity of the PUD with two residential dwelling units on the Property. June 7, 2016 PZC Meeting – 3087 Wildridge Road PUD Amendment 4 3. The 3087 Residences PUD Amendment promotes the public health, safety and welfare over that of the existing development rights for a duplex because the Applicant is imposing stricter standards than the existing development standards. 4. The Application is in conformance with §7.16.060(e)(4), Review Criteria, AMC, and compared to the underlying zoning, the Minor PUD Amendment is not likely to result in significant adverse impacts upon the natural environment or neighboring properties. Attachment A: Application Narrative. Rev. June 1, 2016 June 7, 2016 PZC Meeting – 3087 Wildridge Road PUD Amendment 5 
 Submitted: March 1, 2016 Rev. June 1, 2016 PUD Amendment 3087 Wildridge Road Lot 110, Block 1, Wildridge Subdivision 3087 Residences A. INTRODUCTION The applicant, Valorale Wildridge One LLC, represented by Mauriello Planning Group, is reques>ng a Minor PUD Amendment for 3087 Wildridge Road / Lot 110, Block 1, Wildridge Subdivision. The Wildridge PUD currently in effect iden>fies Lot 110 as a two unit lot, allowing for a total of two dwelling units in the form of a duplex on the property. The applicant is reques>ng the Town of Avon allow for two single family dwelling units on the property, maintaining the exis>ng density allowed by the Wildridge PUD. Because the lot is located within the Wildridge PUD, a minor amendment to the PUD is required. The lot is proposed to be plaTed to create two single-family lots by a future subdivision applica>on should the PUD Amendment be approved. Lot 110A is proposed at 0.68 acres / 29,660 sq. Y. and Lot 110B is proposed at 0.51 acres / 22,428 sq. Y. The property is a total of 1.2 acres / 52,088 sq. Y. There are exis>ng homes to the south and west, with Town of Avon open space to the north and across the street to the east. The lot is very steep, and the design of the proposed homes respond to the site by running parallel to the grades.The homes are located as close as possible to the road, limi>ng disturbance to the remainder of the lot but s>ll in compliance with adopted setbacks. The applicant has revised the plans since the previous review by the Planning and Zoning Commission, to respond both the the Commission’s concerns and comments from neighboring property owners. The plans have been revised to show 30 Y. to the property line of the the neighbor to the south. It was previously approximately 16 Y. from this property line. In addi>on, the applicant has minimized the driveway bridge structure by providing two curb cuts. The bridge structures reduces grading. The applicant is proposing addi>onal limita>ons to further restrict development of this site, making development here more sympathe>c to the neighborhood and the original design philosophy of the developer including the following: Footprint Limita>on: There is no footprint limita>on currently for the site. The applicant is proposing a footprint limita>on of 2,600 sq. Y. (8.3%) on Lot 110A and 2,032 sq. Y. (9.6%) on Lot 110B for a overall building footprint of 5,022 sq. Y. or 9.4% of the en>re property. Livable Area Limita>on: There is no limita>on currently on the site for livable area. The applicant is proposing a limit of of 4,460 sq. Y. (14%) on Lot 110A and 3,600 sq. Y. (17%) on Lot 110B for an overall livable area limita>on of 8,060 sq. Y. or 15% of the en>re property. Garages for each lot are proposed to be limited to 900 sq. Y. Non-developable Zone: The applicant is proposing a non-developable area of 30,120 sq. Y, or 58% of the en>re site. 2 Winter and Summer Condi>ons at 3087 Wildridge Road / Lot 110, Block 1, Wildridge Subdivision These limita>ons provide a benefit to the neighborhood by ensuring that development on this lot will be significantly less than what could be developed under current regula>ons. It eliminates the future opportunity to construct a coast-to-coast duplex, which is common in this area of Wildridge. It allows for a greater separa>on between the buildings, improved privacy for owners, open space, beTer light and air, and reduced appearance of bulk and mass. Below is a conceptual design of the lot layout and eleva>ons: 3 B. BACKGROUND The Town of Avon was incorporated in 1978 and Benchmark Proper>es created the Wildridge and Wildwood Subdivisions shortly thereaYer. The Wildridge Subdivision was subsequently completely replaTed in 1981. Lot 110 was plaTed as 1.20 acres / 52,272 sq. Y. as indicated on a por>on of the 1981 plat provided below: 
 4 C. ZONING ANALYSIS Development Standard ExisBng Proposed Lot Size:1.20 acres / 52,272 sq. Y. Lot 110A - 0.71 acres / 31,030 sq. Y. Lot 110B - 0.48 acres / 21,058 sq. Y. Density:2 units (in duplex format)2 units (in single family format) Setbacks:Front - 25 Y. Side - 10 Y. Rear - 10 Y. Front - 25 Y. Side - 10 Y., 30 Y. to the southern property line Side - 10 N. (internal between units) Rear - 10 Y. Height:35 Y.35 Y. Footprint:No limita>on Lot 110A - 2,600 sq. Y. (8.3%) Lot 110B - 2,032 sq. Y. (9.6%) Total: 4,902 sq. Y. (9.4%) Livable Floor Area:No limita>on Lot 110A - 4,460 sq. Y. (14%) Lot 110B - 3,600 sq. Y. (17%) Total - 8,060 sq. Y. (15%) Garage Area:No limita>on Lot 110A - 900 sq. Y. Lot 110B - 900 sq. Y. Total - 1,800 sq. Y. Non-developable Zone:No requirements 30,120 sq. Y. (58%) 5 D. CRITERIA FOR REVIEW Sec>on 7.16.060.4 establishes the criteria for review of a PUD amendment. Sec>on 7.16.060.4 states: Review Criteria. The PZC and Town Council shall consider the following criteria as the basis for a recommenda;on or decision to rezone a property to PUD Overlay, and approve a preliminary PUD plan, or process a PUD amendment: (i)The PUD addresses a unique situa3on, confers a substan3al benefit to the Town, and/or incorporates crea3ve 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 applica3on 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 protec3on; tree/vegeta3on preserva3on; efficient provision of streets, roads, and other u3li3es and services; or increased choice of living and housing environments. Applicant Response: The proposed amendment to the Wildridge PUD to allow for two single family homes provides a structure for a crea>ve site design that is an improvement over the exis>ng duplex development scenario. It allows for a greater separa>on between the buildings, addi>onal green space and reduced appearance of bulk and mass. Furthermore, the addi>onal restric>ons proposed by the applicant provide a substan>al benefit to the Town. The proposed si>ng of homes as proposed is consistent with the recommenda>ons found in the original design guidelines. The homes will each be benched into the hillside to conform to the slope. The proposed roof lines run with the slope of the land. The structures are linear due to the steep grade. Buildings are being ar>culated in response to slope to reduce building scale and create spa>al variety. Finally, the separa>on of the units and the limita>ons placed on the floor area provide for increased choice of living opportuni>es. More than a third of the development in Wildridge is mul>ple family including Wildwood which is part of the Wildridge subdivision. One of the least available housing formats in all of Avon is single-family and this applica>on addresses this showing choice while also limi>ng the floor area in perpetuity. (ii)The PUD rezoning will promote the public health, safety, and general welfare; Applicant Response: The applicant is proposing two units in a single-family format, while the current regula>ons would require the two units in a duplex format. Because there is no increase in the number of proposed dwelling units, there is no increase in the es>mated number of vehicular trips generated by the units. The homes have been sited with sensi>vity to views and openness of the neighbors. As indicated in this analysis, the proposal promotes the public health, safety, and general welfare. (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); 6 Applicant Response: The Avon Land Use Map indicates the property as Residen>al - Low Density as indicated on the map below: The Comprehensive Plan defines “Residen>al-Lot Density” as follows: Areas designated for residen;al low density are intended to provide sites for single-family, duplex, and mul;-family dwellings at a density no greater than 7.5 dwelling units per acre. The proposal complies with the density as recommended by the Comprehensive Plan. The purpose of the Development Code is provided in Sec>on 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, property owners, business owners and visitors: (a) Divide the Town into zones, restric;ng and requiring therein the loca;on, erec;on, construc;on, reconstruc;on, altera;on 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 loca;ons of buildings designed for specified industrial, commercial, residen;al 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 regula;ons which authorize the regula;ons in this Development Code; (d) Avoid undue traffic conges;on and degrada;on of the level of service provided by streets and roadways, promote effec;ve and economical mass transporta;on and enhance effec;ve, aRrac;ve and economical pedestrian opportuni;es; (e) Promote adequate light, air, landscaping and open space and avoid undue concentra;on or sprawl of popula;on; (f) Provide a planned and orderly use of land, protec;on of the environment and preserva;on 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 facili;es which exceed capacity or degrade the level of service for exis;ng residents; provide for phased 7 development of government services and facili;es which maximizes efficiency and op;mizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facili;es, including but not limited to water, sewage, schools, libraries, police, parks, recrea;on, open space and medical facili;es; (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, preven;ng accelerated erosion, reducing runoff and consequent sedimenta;on, elimina;ng pollutants introduced directly into streams and enhancing public access to recrea;onal water sources; (k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recrea;onal opportuni;es, sustain the tourist-based economy and preserve property values; (l) Promote architectural design which is compa;ble, func;onal, prac;cal and complimentary to Avon's sub-alpine environment; (m) Achieve innova;on and advancement in design of the built environment to improve efficiency, reduce energy consump;on, reduce emission of pollutants, reduce consump;on of non-renewable natural resources and aRain sustainability; (n) Achieve a diverse range of aRainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full ;me residen;al community which is balanced with the visitor economy; (o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorpora;ng prac;cal and comprehensible legal arrangements; and by promo;ng accuracy in investment expecta;ons; and (p)Promote the health, safety and welfare of the Avon community. As demonstrated within this document, the proposal is consistent with and in substan>al compliance with the purpose of the Development Code by not increasing the number of dwelling units. The eligibility criteria for a PUD are outlined in Sec>on 7.16.060(b) and state the following: (1) Property Eligible. All proper;es 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) Compa;bility with Exis;ng Uses. The proposed development shall not impede the con;nued use or development of surrounding proper;es for uses that are permiRed 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. 8 (6) Preserva;on of Site Features. Long-term conserva;on 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 permiRed by the underlying zoning district. (7) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with all applicable regula;ons of the Development Code, to adequately serve the needs of all permiRed uses in the PUD projects, and to ensure compa;bility 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 compa>ble with exis>ng uses, which are of a similar density as the proposal. (iv)Facili3es and services (including roads and transporta3on, water, gas, electric, police and fire protec3on, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to exis3ng development; Applicant Response: The applicant is proposing the same number of units as currently allowed by the Town of Avon, and as a result, all facili>es and services are available and adequate to serve the development. There is no increase in demand as a result of the proposal, and therefore the proposal maintains adequate levels of service to exis>ng development. (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 vegeta3on, or such impacts will be substan3ally mi3gated; Applicant Response: The proposal will have beneficial impacts on wildlife and vegeta>on as a result of the proposed non-developable zone, limi>ng development to specific areas on the lot. The remaining area will remain generally in its natural state, crea>ng opportuni>es for wildlife and vegeta>on. The proposal is en>rely located within a previously plaTed subdivision, with no increase in the allowable density, and as a result will not have any addi>onal adverse impacts on the above-referenced criteria. (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: As there is no increase in allowable density for the proper>es, there is no increase to impacts upon other property in the vicinity. The proposal is consistent with the allowable density for surrounding proper>es and will be smaller in scale than many of the exis>ng homes in the neighborhood. The following photos provide some idea of the character and size (from Eagle County Assessors) of the exis>ng homes in the vicinity: 9 (vii)Future uses on the subject tract will be compa3ble in scale with uses or poten3al future uses on other proper3es in the vicinity of the subject tract. Applicant Response: The Wildridge neighborhood is developed with a mix of single-family homes, duplexes, and mul>ple family dwellings. The majority of the lots in the neighborhood are allowed a minimum of two dwelling units (534 units or 267 lots out of the 849 units originally proposed). Homes in the neighborhood vary greatly in size, with some small single-family residences under 3,000 sq. Y., to larger duplexes with some up to 7,000 sq. Y. As a neighborhood that has developed slowly over the past 35 years, architectural style and unit size have changed as a reflec>on of trends over that same period. The demands for floor area in the 1980s and what is deemed more acceptable today are significantly different. 10 2470 Old Trail Road #B 3,031 sq.Y. 2470 Old Trail Road #A 2,617 sq.Y. 3083 Wildridge Road A & B 1,814 sq. Y. & 2021 sq.Y. 2490 Old Trail Road #A 2,106 sq.Y. 2490 Old Trail Road #B 2,684 sq.Y. 3121 Wildridge Road #B 3,304 sq.Y. 3165 Wildridge Road #A 3,646 sq.Y. Many of the duplexes built over the last two decades in Wildridge departed from the general design principles that this applica>on promotes: Structures that conform to the natural landform, stepping with grade, and roof sloping in the direc>on of the grades (steep slopes); Ar>culated building massing, with small building forms to create a more addi>ve appearance; and Building materials (stucco, wood, stone) and colors (natural earth tones) that blend with the natural landscape. The character of the architecture for the proposed units will also be compa>ble with the neighborhood. The proposed homes have been sited to be responsive to the site, stepping with the natural grade and stepping down on the front and sides to anchor the buildings to the ground. Building massing is consistent with the neighborhood and both units are below the maximum height limita>on. While the final materials have not been iden>fied, the proposed materials will be those that are prevalent throughout Wildridge and consistent with the design guidelines, such as wood siding, stucco, and stone. The conceptual design for the project is provided below, though it is important to note that these have yet to go through the Design Review process: 11 E. PREVIOUS APPLICATIONS BY MAURIELLO PLANNING GROUP Mauriello Planning Group has processed several similar applica>ons which have allowed for single family homes where duplexes were previously allowed. In all cases, the applica>ons have resulted in limita>ons on development that are responsive to the topography, bulk and mass, and considerate of neighboring uses. In just about every case, the neighbors were ul>mately suppor>ve of the proposals. Wildridge Point Two duplex lots converted to three single-family lots Building footprint limited on Lot 2 to 3,000 sq. Y. or 12% of the lot area Building footprint limited on Lot 3 to 2,500 sq. Y. or 7% of the lot area 5151 Longsun Lane Duplex divided into two single family homes 12 4290 Wildridge Road West Duplex divided into two single family homes Footprints limited to 2,400 sq. Y. on each lot 4010 Wildridge Road West (Gasperlin Residences) Duplex divided into two single family homes Building footprint limited to 2,900 sq. Y. for each lot Livable area limited to 4,000 sq. Y. for each lot 13 4250 Wildridge Road West Duplex divided into two single family homes Limited height to 33 Y. (south) and 30 Y. (north) Created building envelopes Foot print limita>on of 2,900 sq. Y. (south) and 2,500 sq. Y. (north) Livable are limited to 3,900 sq. Y. for each unit 14 F. C ONCLUSIONS The applicant has shown that this lot can be developed with two single-family homes in a manner that is consistent with the Town’s review criteria and comprehensive plan policies. Further, this applicant has provided addi>onal restric>ons and benefits that will ensure that future homes developed on the subject proper>es will be respecoul of topography and sympathe>c to the neighborhood. The site planning for these two lots is a significant improvement over that of a duplex structure on this property even with dwelling units of the same or similar size. We hope you will agree that this proposal, considered independently from other similar proposals on other proper>es, meets the review criteria and is an enhancement over the exis>ng zoning restric>ons on the property.
 15 G. ADJACENT ADDRESSES (within 300 Feet) TOWN OF AVON PO BOX 975 AVON, CO 81620-0975 BLOCK, JONATHAN ALEXANDER & DANIELLE ELKIN PO BOX 1555 AVON, CO 81620-1555 FRED & FLORA HILLER LIVING TRUST 12950 N HIGH HAWK DR MARANA, AZ 85658-4239 GROW, STEVEN M. & MARGARET S. 8 MANETTE RD MORRISTOWN, NJ 07960-6344 SHERMAN, CHARLES M. - PETERS, PEGGY L. PO BOX 1044 AVON, CO 81620-1044 LANE, LAWRENCE PO BOX 3117 AVON, CO 81620-3117 HARRISON, KEITH PO BOX 536 VAIL, CO 81658-0536 JONES, SHARON S. - SAMSON, GREG M. PO BOX 7685 AVON, CO 81620-7685 WALKER, J. KIM & MARYJO 9848 SE SANDPINE LN HOBE SOUND, FL 33455-6399 SHERMAN, SHEILA M. 1734 BLUEBELL DR BRIGHTON, CO 80601-6787 MEINTJES, LEIGH P. - WILDE, SEAN WJ 6725 ROXBURY TRCE ALPHARETTA, GA 30005-1753 JOHN C. BUCHER DECLARATION OF TRUST 29025 N SPOON CT MUNDELEIN, IL 60060-5311 PETROWSKI, DAVID S. & HILARY W. PO BOX 1178 AVON, CO 81620-1178 NELSON, LINDSEY ALLAN PO BOX 8751 AVON, CO 81620-8709 GREENE, RICHARD & LINDA 3300 E DELHI RD ANN ARBOR, MI 48103-8858 RAUB, SCOTT PO BOX 2999 EDWARDS, CO 81632-2999 GROSS, LAURA F. & ROBERT C. 4011 SAN FELICE PT COLORADO SPRINGS, CO 80906-5900 BECKER-PEREZ, STEPHANIE M. - PEREZ, JASON S. PO BOX 833 AVON, CO 81620-0833 JONES, JAMES D. 2399 N FRONTAGE RD W VAIL, CO 81657-4285 BRAINARD, DAVID A. - ABBEY, DONNA R. 7773 KRYPTONITE LN CASTLE ROCK, CO 80108-3112 PINES OF WILDRIDGE TOWNHOME ASSOC INC PO BOX 1593 VAIL, CO 81658-1593 CRAINE, LORI J. PO BOX 1732 LEADVILLE, CO 80461-1732 BURTON, BRET A. & CARRYN PO BOX 8623 AVON, CO 81620-8619 DEAN, JENNIFER L. PO BOX 2001 AVON, CO 81620-2001 16 VOSS, GEOFFREY E. & JENNIFER L. PO BOX 3612 AVON, CO 81620-3612 ROMANIN, MELISSA G. PO BOX 4138 EAGLE, CO 81631-4138 17 1.20 ACRESVI E W -B A L D S P O T /B E A V E R C R E E K VIEW-SAWATCH RANGE0'20'40'60'10.0'7.5'10.0'10.0'10.0'7.5'25.0'10.0'8 1 0 0 8 1 1 0 8 1 2 0 8 1 3 0 8 1 4 0 8 1 5 0 8 1 6 0 8 1 7 0 8 1 8 0 8181.78181.78182.18182.58183.08183.68184.28185.08185.78186.48187.18187.6BUILDINGSETBACKBUILDINGSETBACKUTILITY &DRAINAGEEASEMENTUTILITY &DRAINAGEEASEMENTTV PEDSEWERMANHOLEMEAS RIM=8106.3MEAS INV=8099.4VIEW POINTSIGNGAS VALVEGUARDRAILEDGE ASPHALT ROADELECTRICHANDHOLEPHONEPEDFOUND PIN &ALUM CAPLS#5447FOUND PIN &ALUM CAPLS#5447FOUND #5 REBARFOUND PIN & YELLOW PLASTIC CAPLS#5447SEWER MANHOLE 2560INV=8178.1MEAS RIM=8184.3BASIS OF ELEVATIONTESTHOLETESTHOLESLOPE MAINTENANCE,DRAINAGE & SNOWSTORAGE EASEMENTTRACT FLOT 90LOT 110LOT 91LOT 109W I L D R I D G E R O A D (5 0 ' R .O .W .)N73°55'18"E 217'S 1 1 °3 4 '4 0 "E 2 7 6 .9 0 'S78°25'20"W 176.85'N 1 5 °5 6 '3 5 "W 8 5 .8 8 ' N 2 2 °1 7 '0 8 "W 1 7 7 .3 3 '8104.108104.10CABLEPED105105PLAN NORTHTRUENORTHLOT ALOT BEXISTINGPROPERTY LINEPROPOSED LOTDIVISION LINEONE CURBCUT PERLOT, 14'-0"H O U S E A H O U S E B AREA NOT TOBE DEVELOPEDT O P R O P E R T Y L I N E10'-0 " S I D E S E T B A C K10'-0 " S ID E SET BAC K10'-0 "REAR SETBACK10'-0"REAR SETBACK10'-0"FRONT SETBACK25'-0"FRONT SETBACK25'-0"T O P R O P E R T Y L I N E25'-0 "ONE CURBCUT PERLOT, 14'-0"4 9 '-8 " S I D E S E T B A C K10'-0 "S I D E S E T B A C K10'-0 "PROPOSED LOT DIVISION FOR1628 WILDRIDGE RDAVON, CO 81620EXISTING TOTALSQUARE FOOTAGEPROPOSED LOT ASQUARE FOOTAGEPROPOSED LOT BSQUARE FOOTAGE52,088 SF, 1.2 ACRES31,030 SF, 60% OF LOT21,058 SF, 40% OF LOTPROPOSED LOT ASTRUCTURESQUARE FOOTAGEPROPOSED LOT BSTRUCTURESQUARE FOOTAGE2,600 SF FOOTPRINT,4,320 SF TOTAL2,032 SF FOOTPRINT,3,357 SF TOTALUNDEVELOPABLESQUARE FOOTAGE30,700 SF, 59% OF LOTTOPOGRAPHICCONTOUREXISTINGTOPOGRAPHIC LEGENDELEVATIONFROM SEALEVEL (FT)8800'-0"PROPOSEDBUILDINGFOOTPRINTAREA NOT TO BEDEVELOPEDLOT ALOT BWILDRIDGE ROADONE CURB CUT ANDDRIVEWAY PER LOTOLD TRAIL ROADHOUSE A2600 SF FOOTPRINT3800 SFFOOTPRINT2800 SFFOOTPRINTHOUSE B2000 SF FOOTPRINT4200 SFFOOTPRINT1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-63423087 WILDRIDGE RDAVON, CO 81620A1.00aLOT DIVISIONWILDRIDGE RESIDENCESProject Number - 142806.01.2016 1" = 20'-0"1SITE PLAN - LOT DIVISION 1" = 60'-0"2SITE PLAN - SATELLITE VIEW DNDNDNDNDNDNWILDRIDGE RDSIDE SETBACK10'-0"FRONT SETBACK25'-0"PROPOSED LOT DIVISIONLOT ALOT BEDGE OF ASPHALTSIDE SETBACK10'-0"HOUSE AHOUSE BSIDE SETBACK10'-0"SIDE SETBACK10'-0"TO PROPERTY LINE30'-0"WILDRIDGE RDPROPOSED LOT DIVISIONLOT ALOT BEDGE OF ASPHALTSIDE SETBACK10'-0"HOUSE AHOUSE BSIDE SETBACK10'-0"SIDE SETBACK10'-0"FRONT SETBACK25'-0"FRONT SETBACK25'-0"SIDE SETBACK10'-0"TO PROPERTY LINE30'-0"1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-63423087 WILDRIDGE RDAVON, CO 81620A1.00bPARKINGCIRCULATIONWILDRIDGE RESIDENCESProject Number - 142806.01.2016 1" = 10'-0"2PARKING CIRCULATION - HOUSE A 1" = 10'-0"1PARKING CIRCULATION - HOUSE B LOWER LEVEL75' - 0"GARAGE90' - 0"MAIN LEVEL85' - 0"LOWER LEVEL75' - 0"GARAGE90' - 0"MAIN LEVEL85' - 0"LOWER LEVEL75' - 0"GARAGE90' - 0"MAIN LEVEL85' - 0"LOWER LEVEL75' - 0"GARAGE90' - 0"MAIN LEVEL85' - 0"1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-63423087 WILDRIDGE RDAVON, CO 81620A1.01aELEVATIONSWILDRIDGE RESIDENCESProject Number - 142806.01.2016 1/8" = 1'-0"1WEST ELEVATION 1/8" = 1'-0"2EAST ELEVATION 1/8" = 1'-0"4NORTH ELEVATION 1/8" = 1'-0"3SOUTH ELEVATION 1.20 ACRESV I E W-B A L D S P O T /B E A V E R CR E E KVIEW-SAWATCH RANGE0'20'40'60'10.0'7.5'10.0'10.0'10.0'7.5'25.0'8 1 0 0 8 1 1 08120813081408150816081708180 8181.78181.78182.18182.58183.68184.28185.08185.78186.48187.18187.6BUILDINGSETBACKUTILITY &DRAINAGEEASEMENTUTILITY &DRAINAGEEASEMENTTV PEDSEWERMANHOLEMEAS RIM=8106.3MEAS INV=8099.4VIEW POINTSIGNGAS VALVEGUARDRAILEDGE ASPHALT ROADELECTRICHANDHOLEPHONEPEDFOUND PIN &ALUM CAPLS#5447FOUND PIN &ALUM CAPLS#5447FOUND #5 REBARFOUND PIN & YELLOW PLASTIC CAPLS#5447SEWER MANHOLE 2560INV=8178.1MEAS RIM=8184.3BASIS OF ELEVATIONTESTHOLESLOPE MAINTENANCE,DRAINAGE & SNOWSTORAGE EASEMENTTRACT FLOT 90LOT 110LOT 91LOT 109W I L D R I D G E R O A D (5 0 ' R .O .W .)N73°55'18"E 217'S 1 1 °3 4 '4 0 "E 2 7 6 .9 0 'S78°25'20"W 176.85'N 1 5 °5 6 '3 5 "W 8 5 .8 8 'N 2 2 °1 7 '0 8 "W 1 7 7 .3 3 '8104.108104.10CABLEPED105105HOUSE AHOUSE BLOT ALOT BHOUSE AHOUSE BHOUSE AHOUSE B1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-63423087 WILDRIDGE RDAVON, CO 81620A1.02a3D MODELWILDRIDGE RESIDENCESProject Number - 142806.01.2016 1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-63423087 WILDRIDGE RDAVON, CO 81620A1.03a3D VIEWSWILDRIDGE RESIDENCESProject Number - 142806.01.20162STREET VIEW 1A1STREET VIEW 2A 1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-63423087 WILDRIDGE RDAVON, CO 81620A1.04a3D VIEWSWILDRIDGE RESIDENCESProject Number - 142806.01.2016 1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-63423087 WILDRIDGE RDAVON, CO 81620A1.05a3D VIEWSWILDRIDGE RESIDENCESProject Number - 142806.01.2016 June 7, 2016 PZC Meeting Lot C Rezoning 1 Staff Report – Rezoning June 7, 2016 Planning & Zoning Commission Meeting Report date June 3, 2016 Project file Case #REZ16001 Legal description Lot 1, 2A, 2B, 2C, 3, & 5, Mountain Vista Resort Subdivision Current Zoning Planned Unit Development (PUD) Proposed Zoning Town Center (TC) Address 140-160 West Beaver Creek Boulevard Prepared By Matt Pielsticker, Planning Director Introduction The Applicant, Points of Colorado, Inc., has submitted a Rezoning application (the “Application”). The request would rezone the majority of what is commonly referred to as “Lot C” from the Planned Unit Development (“PUD”) designation to the Town Center (“TC”) zone district. The proposed TC zone district would allow for the future development of the site for timeshare, along with other customary uses enumerated in Table 7.24-1, Allowed Uses, Avon Development Code (“ADC”). A narrative from the Applicant and a map depicted the area of rezoning is attached to this report. The Planning and Zoning Commission (“PZC”) will review the Application and conduct a public hearing on June 7, 2016. After reviewing the Application materials, Staff’s analysis, and considering public input, the PZC will forward a recommendation to the Town Council for action. Process The review process first requires a noticed public hearing with PZC. After conducting a public hearing, PZC will forward a recommendation to Town Council. Subsequently, final action is taken on the Application by Town Council after conducting public hearings and either approval by Ordinance or denial by motion. Property Background Originally, the property was part of Lots 47-54, Block 2, Benchmark at Beaver Creek Subdivision and zoned Specially Planned Area (SPA). The properties included a number of “Commercial / Condominium / Apartment” unit allocations, and the Plat included a broad definition for permitted Commercial land uses; building heights up to eighty (80) feet were granted by right. Staff Review & Report PUBLIC HEARING: PZC PUBLIC HEARING: Council & 1st Reading of Ordinance PUBLIC HEARING: Council & 2nd Reading of Ordinance June 7, 2016 PZC Meeting Lot C Rezoning 2 The properties were later re-platted as Lots A, B, and C in the general layout that exists today with: Lot A (now Lodge at Avon Center), Lot B, and Lot C (Sheraton Mountain Vista PUD). The project was originally envisioned as a phased project with Lot A being Phase I, Lot B as Phase II, and Lot C as Phase III. Ultimately the Avon Center developed and Lot C was rezoned to PUD to advance the Sheraton Mountain Vista Development Plan. The Lot C PUD was approved in 2000 as a mixed-use project that includes residential, office and commercial land uses. The developed portion of the project includes 81 two -bedroom timeshare units, 20 employee-housing units, and ground level office/retail space. The undeveloped but approved uses include additional timeshare units, additional office/retail, and a 125-room hotel. As currently approved, the build-out of the project occurs in three phases: Phases 1A, 1B, and 1C. As mentioned, the portion of the timeshare and commercial space along with the employee housing has been built in accordance with Phase 1A and 1B, with the majority of ground level retail and hotel/restaurant space occurring in the last phase (Phase 1C). This rezoning request applies to the entire property, minus Lot 4 (New Town Hall). Phase 1C is currently entitled 48 timeshare units, 5,500 square feet of commercial/retail, 4,800 square feet of restaurant, and a 125-room hotel. Property Description Lot C is a 3.24 acre property that is composed of several parcels: Lot 1, 2A, 2B, 2C, 3, 4, and 5. The area proposed for rezoning with this application includes all lots except Lot 4 which is the new Town Hall property. That leaves approximately 3 acres of land changing from PUD to Town Center zoning. The land itself is gently sloping downhill from West Beaver Creek Boulevard toward Main Street Pedestrian Mall. Minor landscaping improvements are in place with the anticipation of future development phase(s). The area between Lots B and C include drainage infrastructure and easements for both properties to bring drainage around Lot 4 and into a drainage detention structure. The Property is bounded on the south by the Pedestrian Mall; north by West Beaver Creek Boulevard and Lake Street; west by Tract G and Mikaela Way; and east by Lot B and a potential site for a hotel development. All of the areas surround the development are hard surfaces with little landscape area in the form of surface parking areas, sidewalks, and/or roadways. June 7, 2016 PZC Meeting Lot C Rezoning 3 Application Summary The proposal is to modify the Town’s Zoning Map for Lot C from PUD to the TC zone district. This Application includes a narrative and map of the area changing to TC. If approved, the following dimensional standards would apply to any future development: This represents a reduction in height from that currently allowed (107’) down to 80’ as permitted in the TC zone district. Noted is the requirement to match the smallest setback of existing, adjacent structures for future infill development. All of the current planning for West Beaver Creek Boulevard encourage future development and additions to front the street when possible to help create a more inviting pedestrian experience. Rezoning Review Criteria Analysis As outlined in Sec. 7.20.080(e), the Purpose of the Town Center District is as follows: “The TC district is intended to provide sites for a variety of uses such as hotels, commercial establishments, offices and some residential uses in a predominately pedestrian environment. The Town Center should be distinguished from other areas in the Town and serve as the focal point for social, business, and cultural activities. This district contains the highest intensity of uses and should serve as the major transit destination as well as provide high levels of pedestrian accessibility. The TC district implements the mixed-use classification of the Avon Future Land Use Plan.” The review process and review criteria for zoning amendments are governed by AMC §7.16.050, Rezonings. PZC shall use the criteria below as the basis for a recommendation on the Rezoning application. Staff responses to each review criteria are provided. (1) Evidence of substantial compliance with the purpose of the Development Code; June 7, 2016 PZC Meeting Lot C Rezoning 4 Staff Response: The Application is substantially compliant with the purpose statements of the Development Code by providing for the orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in Town. The Application promotes the health, safety, and welfare of the Avon community by providing assurances with respect to building form, development standards, and allowed uses consistent and in scale with adjacent neighboring Town Center (TC) properties. The proposed land use also appears to be in substantial compliance with the purpose of TC zone district as outlined below. The entire Purpose statement section from the Development Code (Section 7.04.030 - Development Code Purposes) is outlined for reference: (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 service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; (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 preservation 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 services 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; June 7, 2016 PZC Meeting Lot C Rezoning 5 (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 importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist-based economy and preserve property values; (l) Promote architectural design which is compatible, functional, practical and complimentary to Avon's sub-alpine environment; (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 serve 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 property 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. (2) Consistency with the Avon Comprehensive Plan; Staff Response: The rezoning application will provide consistency with the Comprehensive Plan and supporting documents. The existing/future land use maps contained in the Comprehensive Plan call for “Mixed-Use” designation. The Comprehensive Plan defines the intent of the “Mixed-Use” as follows: Mixed Use– The intent of the mixed-use designation is to create an area providing commercial retail and service uses with a supporting mix of office, residential, lodging, and entertainment uses in an urbanized, pedestrian-oriented environment. A high proportion of lodging and other residential uses should be achieved in order to create the needed critical mass of population and activity to energize the Town Center District. Building should be vertically mixed, with retail, restaurants, and other commercial services located on the lower levels in order to encourage a high level of interest and pedestrian activity. Building design, siting, and orientation, as well as shared parking facilities and public gathering spaces create an environment that is appealing and inviting for pedestrians and vehicles. This definition dovetails nicely with the intent and purpose of the proposed TC zone district as it “contains the highest intensity of uses ….and the TC district implements the mixed-use classification of the Avon Future Land Use Plan”. A continued movement to creating critical mass where it is most appropriately located in the Town Core area with other Town Center zoned properties is highly supported. June 7, 2016 PZC Meeting Lot C Rezoning 6 Specific Goals and Policies supportive of this rezoning application include the following:  Policy B.1.5: Require that development within the Town Center Districts is readily accessible to and otherwise integrated with existing retail areas and transit service routes for both pedestrians and vehicles.  Policy B.1.8: Locate uses that generate traffic to areas near transit facilities or shared parking facilities to minimize automobile travel and “re-parking” within the same area.  Goal 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.  Policy C.1.3: Focus lodging and guest accommodation in the Town Center Districts to take advantage of the proximity to retail, commercial and other community services.  Goal E.3: Increase the number of visitors to Avon by enhancing our attractiveness as a destination resort community. The Comprehensive Plan includes the Property in the middle of the West Town Center District. The West Town Center District shows a series of Public Plazas and the opportunity for redevelopment of the Pedestrian Mall area, both of which took place in 2014. The role of the West Town Center District is to serve as the heart of the community. The district acts as “the common ground between the full–time residents, part-time residents, and destination guests through diverse retail and entertainment June 7, 2016 PZC Meeting Lot C Rezoning 7 opportunities.” The surrounding public gathering spaces and pedestrian connections are essential in forming the fabric of a successful town center. The West Town Center also benefits greatly with the Pavilion and other entertainment oriented land uses which connect with lodging properties in the area. (3) Physical suitability of the land for the proposed development or subdivision; Staff Response: The Property is centrally located with access off West Beaver Creek Boulevard, and an additional shared access with the adjoining Lot B. The property size and relative flatness provide for a physically suitable piece of land for future infill development in conformance with Town Center (TC) zoning and development standards. (4) Compatibility with surrounding land uses; Staff Response: The area surrounding Lot C presents a wide mix of lodging, retail, eating and dining establishments, professional office, residential, financial, educational, government, recreation, and public park uses. Short term rental and nightly rentals fit well in high density commercial areas where guests can walk to amenities or utilize public transit. Connections to pedestrian networks, direct access to Avon Station, and the Gondola are positive attributes of the property. Compatibility with neighboring existing and planned development goes beyond use itself; the final design (i.e. architectural, setbacks, etc.) will be paramount to evaluating future project(s) on Lot C. The standards of the TC zone district are in sync with the neighboring development patterns with generally taller building heights and reduced building setbacks. How the development ‘fronts’ Beaver Creek boulevard and Mikaela way will be important factors to consider with forthcoming development plan(s) submittal(s). (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned Staff Response: Noted in the Application are changes in the corporate structure and management of the Sheraton Mountain Vista. Reverting back to the TC zone district is in the character of the area and supported by the Comprehensive Plan documents. The Application makes proper mention of the TC zoning requirements and how they will help to create a more appropriate building massing consistent with other properties in the vicinity. (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; June 7, 2016 PZC Meeting Lot C Rezoning 8 Staff Response: The type and scope of any project permitted in the TC zone district can be supported by existing infrastructure. A more detailed analysis would take place at Development Plan review. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district(s); Staff Response: The TC zone district is well suited for a timeshare project. The TC district is “intended to provide sites for a variety of uses such as hotels, commercial establishments, offices and some residential uses in a predominately pedestrian environment.” (8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; Staff Response: Moving to a standard zone district has several distinct advantages, in that there can be no exceptions to the Development Code standards put in place as can with a PUD classification. If zoned TC, the impacts would be minimized and managed due to the codified regulations enacted to protect things like air quality, water, stormwater, etc. All facets of the Development Code would apply including but not limited to: Landscaping, Building Height, Setbacks, Mobility and Connectivity, Screening, and Natural Resource Protection. All of the stormwater management and related infrastructure was sized and constructed as part of the original PUD development; it is therefore able to accommodate a less intensive development scenario that could be developed with TC zoning. (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Staff Response: No significant impacts to other properties in the vicinity are envisioned with a TC land use designation. The most affected property will be Lot B and the developers of Lot B have coordinated their development plans with Points of Colorado. Impacts and compatibility of a development plan submittal would be reviewed through the public process. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and, June 7, 2016 PZC Meeting Lot C Rezoning 9 Staff Response: The rezoning would supersede and void the existing PUD Development Plan documents. (11) Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. Staff Response: While the exact density or intensity of uses is unknown at this time, previous entitlements for the property included substantial commercial and lodging uses. Detailed mitigation measures will be reviewed when a development plan is developed. Staff Recommendation Staff recommends approval of the Application. PZC shall 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. Recommended Motions and Findings: “I move to recommend that Town Council approve Case #REZ16001, an application to rezone Lots 1, 2A, 2B, 2C, 3, & 5, Mountain Vista Resort Subdivision, from PUD to TC, together with the findings of fact listed in Staff’s Report.” The Following Findings May be Applied Should the PZC recommend approval of the Application to the Avon Town Council: 1. The Application promotes the health, safety, and welfare of the Avon community by provides assurances with respect to building form, development standards, and allowed uses consistent and in scale with adjacent neighboring Town Center (TC) properties. 2. The Application was reviewed in accordance §7.16.050, Rezonings, Avon Development Code, and is found to be in substantial compliance with the review criteria as outlined in the staff report dated June 3, 2016 by Matt Pielsticker. 3. The Application implements the general land use goals and policies of the Avon Comprehensive Plan including the Land Use Map designations, and planning principles of the Town Center West District. 4. The Application is substantially compliant with the purpose statements of the Development Code by providing for the orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in Town. Attachment Application June 7, 2016 PZC Meeting Lot 4 Town Hall Rezoning 1 Staff Report – Rezoning June 7, 2016 Planning & Zoning Commission Meeting Report date June 2, 2016 Project file Case #REZ16002 Legal description Lot 4, Mountain Vista Resort Subdivision Current Zoning Planned Unit Development (PUD) Proposed Zoning Public Facilities Address 140 Benchmark Road Prepared By Matt Pielsticker, Planning Director Introduction The Avon Town Council authorized processing a Rezoning application (the “Application”) for the newly acquired Town Hall property at their May 24, 2016. The Application would rezone the property from the current Planned Unit Development (“PUD”) designation to the Public Facilities (“PF”) zone district. The proposed use as a Town Hall, with supporting community uses, is consistent with the intent of the PF zone district. The Planning and Zoning Commission (“PZC”) will review the Application and conduct a public hearing on June 7, 2016. After reviewing Staff’s analysis and considering public input, PZC will forward a recommendation to the Town Council for final action. Process The review process first requires a noticed public hearing with PZC. After conducting a public hearing, PZC will forward a recommendation to Town Council. Subsequently, final action is taken on the Application by Town Council after conducting public hearings and either approval by Ordinance or denial by motion. Property Background The Property is currently part of the Sheraton Mountain Vista PUD and originally slated for retail/restaurant on the first level, and office on second and third floors. It was platted and constructed as part of the initial PUD development phases. Property Description Lot 4 is approximately a 1/4 acre in size and is currently surrounded by parking lots and undeveloped portions of the Mountain Vista development project. The lot itself is covered mostly with the vacant office building footprint and concrete surrounding. Staff Review & Report PUBLIC HEARING: PZC PUBLIC HEARING: Council & 1st Reading of Ordinance PUBLIC HEARING: Council & 2nd Reading of Ordinance June 7, 2016 PZC Meeting Lot 4 Town Hall Rezoning 2 The Property is bounded on the west by Tract G and surface parking; south by the Main Street Pedestrian Mall; on the north by the partially developed Sheraton Mountain Vista PUD, and on the east by Lot B and potential future site of a hotel. Application Summary The proposal is to modify the Town’s Zoning Map for Lot 4 from PUD to the Public Facilities zone district. Unless otherwise set forth in the Avon Comprehensive Plan, the following dimensional standards would apply to any future alterations or development on the property: June 7, 2016 PZC Meeting Lot 4 Town Hall Rezoning 3 Rezoning Review Criteria Analysis As outlined in Sec. 7.20.080(e), the Public Facilities “is intended to provide sites for public uses such as community centers, police and fire stations, and governmental facilities.” The review process and review criteria for zoning amendments are governed by AMC §7.16.050, Rezonings. PZC shall use the criteria below as the basis for a recommendation on the Rezoning application. Staff responses to each review criteria are provided. (1) Evidence of substantial compliance with the purpose of the Development Code; The entire Purpose statement section from the Development Code (Section 7.04.030 - Development Code Purposes) is outlined for reference: (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 service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; (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 preservation 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 services 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; June 7, 2016 PZC Meeting Lot 4 Town Hall Rezoning 4 (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 importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist-based economy and preserve property values; (l) Promote architectural design which is compatible, functional, practical and complimentary to Avon's sub-alpine environment; (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 serve 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 property 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. Staff Response: The Application is substantially compliant with the purpose statements of the Development Code by providing for the orderly, efficient use of the Property, while at the same time considering adjacent land uses and compatibility of land uses in the vicinity. The Application complies with the goals and policies of the Avon Comprehensive Plan and other applicable planning documents. Two planning study documents were completed in 2015 that support the rezoning and final use of the building as a Town Hall. The Avon Town Hall Facility Assessment and Space Needs Analysis was completed by SHE, consultant to the Town. In addition to looking at space requirements and condition of the existing Town Hall, the study identified Lot 4 as the preferred option for a new Town Hall. Further support for this rezoning was documented with the Planning Services Review and Update of Nottingham Park Master Plan, Swift Gulch Master Plan, and Lot 5 Development Plan, completed in November, 2015 by Stan Clauson Associates, consultants to the Town. That planning study looked at three alternatives for Town Hall, with the preferred option being a relocation to the Sheraton Mountain Vista Office Building (Lot 4). June 7, 2016 PZC Meeting Lot 4 Town Hall Rezoning 5 (2) Consistency with the Avon Comprehensive Plan; Staff Response: The rezoning application will provide consistency with the Comprehensive Plan, and supporting planning documents listed above. Specific goals and policies that support the rezoning include: Policy C.1.6: Include sufficient land for public uses such as schools, recreation, community facilities (such as childcare), and government services near the people who use them Goal J.2: Ensure cost effective provision and development of public facilities and services. Policy J.2.2: Locate schools, parks, and other civic facilities, along trails, sidewalks, and transit facilities. Goal J.3.1: Encourage the broad participation of citizens in planning efforts and decision-making. June 7, 2016 PZC Meeting Lot 4 Town Hall Rezoning 6 The West Town Center Investment Plan also supports moving public offices from their current location to accommodate other potential uses in its current footprint. The area between the Recreation Center and New Town Hall property is still envisioned to accommodate an expansion to the Recreation Center as well as a possible parking structure with employee housing and limited retail space on the Pedestrian Mall. (3) Physical suitability of the land for the proposed development or subdivision; Staff Response: The Property is physically suitable for the proposed development as a Town Hall. A design and development process is already underway for the envisioned land use. (4) Compatibility with surrounding land uses; Staff Response: Governmental offices, with supportive community and related uses fit well between the park, Recreation Center, and library, with transition to the Pedestrian Mall and lodging activities that surround. The permitted uses in the PF zone District include the following:  Art Gallery or Museums  Community Centers  Libraries  Government Services, Offices, and Facilities  Education  Transit Facilities  Medical  Recycling Centers Public uses are concentrated in this area of Town at the edge of Nottingham Park and appear to be compatible with surrounding residential, commercial, and lodging land uses. The interface of Lot 4 with the surrounding uses (both existing and proposed) will be studied in more detail with the completion of the Main Street Pedestrian Mall. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned Staff Response: As identified with updated planning studies conditions have changed in the area of Tract G with the construction of the construction of the Pavilion. Additionally, ballot issues passed for the police and fire departments for the relocation to the north side of Interstate 70. June 7, 2016 PZC Meeting Lot 4 Town Hall Rezoning 7 (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; Staff Response: Adequate facilities are available to serve the development type and scope. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district(s); Staff Response: The PF zone district is appropriate for the Lot’s intended uses. The Public Facilities district “is intended to provide sites for public uses such as community centers, police and fire stations, and governmental facilities.” Staff analyzed other potential zone districts, however, the PF district fit best with the planned use. (8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; Staff Response: Staff does not anticipate any adverse impacts upon the natural environment, compared to the existing zoning (office/retail). (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Staff Response: No significant impacts to other properties in the vicinity are envisioned with a PF land use designation. All of the neighboring properties are aware of the proposed rezoning and intended use of the property; some neighboring property owners intend to perform additional improvements to create additional vibrancy in the area. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and, Staff Response: The rezoning would supersede and void the existing PUD Development Plan documents. (11) Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. Staff Response: The intensity of use is comparable to existing zoning and possible uses of the property. June 7, 2016 PZC Meeting Lot 4 Town Hall Rezoning 8 Staff Recommendation Staff recommends approval of the Application. PZC shall 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, to be presented to the Council for final action. Recommended Motions and Findings: “I move to recommend Town Council approval of Case #REZ16002, an application for rezoning of Lot 4, Mountain Vista Resort Subdivision together with the findings of fact.” The Following Findings May be Applied Should the PZC recommend approval of the Application to the Avon Town Council: 1. The Application was reviewed in accordance §7.16.050, Rezonings, Avon Development Code, and is found to be in substantial compliance with the review criteria as outlined in the staff report dated June 2, 2016 by Matt Pielsticker. 2. The Application promotes the health, safety, and welfare of the Avon community by provides assurances with respect to building form, development standards, and allowed uses consistent and in scale with adjacent neighboring existing and planned land uses. 3. The Application is substantially compliant with the purpose statements of the Development Code by providing for the orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in Town. June 7, 2016 PZC Meeting Lot 4 Town Hall Rezoning 9 Existing Zoning Proposed Zoning Staff Report – Variance June 7, 2016 Planning & Zoning Commission Meeting Report date June 2, 2016 Project file Case #VAR16001 Legal description Lot 1A, Buck Creek Address 50 Buck Creek Road Zoning Mixed-Use Commercial Prepared By Matt Pielsticker, Planning Director Introduction The Applicant, Avon MOB, LLC, has submitted a variance application (the “Application”) to allow the placement of a freestanding sign within 10’ of the front property line. Section 15.28.080(15) of the Avon Municipal Code requires all freestanding signs to be set back at least ten (10) feet from all lot lines. The request is to allow for a freestanding directional sign to be located within 1’ of the front property line, abutting Nottingham Road. Process The Planning and Zoning Commission (“PZC”) will review the Application and conduct a public hearing on June 7, 2016. After reviewing the Application materials, Staff’s analysis, and considering public input, the PZC will make a final determination with written findings and record of decision. Variance Criteria According to the Section 15.28.090 of the Avon Municipal Code, the Planning & Zoning Commission shall consider the following factors with respect to this requested Variance: A. The relationship of the requested variance to other existing or potential uses and structures in the vicinity; B. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity; C. Such other factors and criteria as the Commission deems applicable to the requested variance. Findings Required Section 15.28.090 of the Avon Municipal Code requires PZC to make the following written findings before granting a variance: A. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity; B. That the variance is warranted for one or more of the following reasons: June 7, 2016 PZC Meeting Buck Creek Medical Office – Sign Variance 1 1. The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Chapter; 2. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone; 3. The strict or literal interpretation and enforcement of the specified regulation deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Staff Analysis Granting this variance would constitute a grant of special privilege inconsistent with the limitation on other properties in the vicinity. There are no other properties in the area that provide exceptions to this setback standard and granting a variance could be construed as a special right that other properties in the Neighborhood Commercial or Residential Low Density District don’t enjoy. A variance for a sign setback was denied by PZC in 2007 for a property on Metcalf Road. While that sign was Staff Recommendation Staff recommends denial of the Application. Recommended Motions and Findings: “I move to Deny Case #VAR16001, an application approving a setback variance for a freestanding sign located on Lot 1A, Buck Creek Subdivision with the following findings of fact: 1. That the granting of the variance will constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity; 2. There are no exceptional or extraordinary circumstances or conditions applicable to the site of the variance that are not experienced elsewhere in the area.” Attachments Application Narrative and Plans June 7, 2016 PZC Meeting Buck Creek Medical Office – Sign Variance 2 NexCore Group LLC 1621 18th Street, Suite 250 Denver, Colorado 80202 303.244.0700 m 303.244.0720 f www.nexcoregroup.com May 23, 2016 Mr. Matt Pielsticker, AICP Planning Director – Town of Avon 1 Lake Street Avon CO, 81620 RE: Buck Creek Medical Plaza – Request for sign location variance Dear Mr. Pielsticker, We are requesting a location variance for one of our two traffic directional signs located along Nottingham Rd. Avon’s municipal code states site signage be ten (10’) feet setback from property lines. We are requesting a variance to allow one of our site directional signs to be location one (1’) foot setback from the property line along Nottingham Rd. We have provided a site plan and site section with elevations that show the current designed location as well as the proposed location of the site directional sign in question. This illustrates the difference in elevations and distances from Nottingham Rd. Below is an excerpt from Avon’s Municipal Code of the review criteria when variances are requested from applicants and our response to each. The PZC shall use the following review criteria as the basis for a decision on an application for a variance: (1) The degree to which relief from the strict or literal interpretation and enforcements of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of the Development Code without grant of special privilege Response: The sign in question is not for marketing or advertising rather providing parking and access information for patients and visitors to Buck Creek Medical Plaza and our neighboring business Walking Mountains Science Center. The current location of the sign (10’ setback from property line) keeps the sign nearly 30’ away from vehicles traveling west on Nottingham who this sign is serving making the sign significantly less useful and functional. Any 10’ setback along Nottingham further east or west will incur the same visibility challenges. (2) The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety; Response: Having the directional sign closer to the sidewalk where grades are similar to street level will allow the sign to be closer to eye level for drivers and provide better visibility and function. (3) Such other factors and criteria related to the subject property, proposed development or variance request as the decision-making body deems applicable to the proposed variance. Response: We believe the proposed location (1’ setback from property line) will be a more desirable location for the local residence and neighboring businesses due to the sharp rise in site grading from the property line up to the top of the structured parking perimeter wall. At the current location the bottom of the sign will be approximately 5 ½’ higher than the sidewalk and the top of the sign will be nearly 12’ higher than the sidewalk along Nottingham. We believe this to be less desirable for Avon residents and for our neighbors as the sign will be too high above the sidewalk and Nottingham Rd. Thank you for your consideration and review of our requested variance. Sincerely, Aaron Brewster Avon MOB LLC 1.00' L-150 1 10.00'1SIGN LOCATION PLAN0'8'16'32'NORTHSCALE: 1" = 16' - 0'DESIGNED LOCATIONPROPOSED LOCATIONNOTTINGHAM ROADSWIFT G U L C H R O A D SECTION 13/8" = 1' - 0"1'-0"18'-51116"7498.0010'-0"7506.008'-478"7505.50NOTE: GRADES SHOWN ARE PER FIELDVERIFICATION BY OWNER'S REPRESENTATIVE. June 7, 2016 PZC Meeting – Temporary Use Permit 1 Staff Report – Temporary Use Permit June 7, 2015 Planning & Zoning Commission Meeting Report date June 2, 2016 Project file Case #TMP16001 Legal description Lots 26-28, Block 1, Benchmark at Beaver Creek Subdivision Zoning Industrial Commercial Address 910 Nottingham Road Prepared By Matt Pielsticker, Planning Director Introduction Colorado Poolscapes, Inc. is requesting a Temporary Use Permit (“the Application”) to allow for the intermittent display of an inflatable ducky on the roof of the Mountain Center property located at the end of Nottingham Road. The Application requests to install the display two (2) weeks per month through 2016, for a total of twelve (12) weeks. Because the request is for a duration exceeding 30 days, the application is being processed as a Temporary Use Permit with a public hearing and review by PZC as required by the Avon Development Code. The Application materials are attached to this report. Process Temporary Use Permit Process This application is processed under §7.24.080(c), Temporary Uses and Structures Review Procedures, AMC. The application, as submitted, meets the criteria for a Temporary Use Permit. Specifically, The approval process requires a public hearing before the Planning & Zoning Commission (PZC). Public Notification In compliance with the Public Hearing and noticing requirements, a notice was published in the Vail Daily newspaper on May 27, 2016. Public Hearing The June 7, 2015 meeting completes the public hearing requirements with the PZC and the decision rests with the PZC. Proposed Temporary Use With consent from the Property owner, Avon Mountain Center, LLC, the Applicant is proposing to temporarily display a large inflatable ‘Jacuzzi’ duck on the roof of the Mountain Center. The request includes the ability to inflate the display for the 2nd and 4th week of each month through the calendar year. The purpose of the display is to draw attention to the property and the spa sales that occur at this location. The attached application includes a photograph of the ducky and the written request. The Property is zoned Industrial Commercial and the building is occupied by a number of warehouse and showroom tenants, including a self-storage component. To the east is the U-Store-It self-storage facility, and to the west is a warehouse building. June 7, 2016 PZC Meeting – Temporary Use Permit 2 Staff Analysis While the temporary display does not create any direct impact to other tenants in the building or adjacent properties, the visual impact and duration of the display appear to be the primary areas to focus review for PZC. Staff is recommending a time period closer to that which is allowed by the Sign Code for temporary signage (30 days per calendar year) to address consistency between regulations and possible aesthetic considerations. Additionally, to address safety concerns with how the duck is attached to the roof in a safe manner, Staff is recommending that a qualified person design the restraints for the display. There are concerns with how the display was temporarily installed and displayed last month and safety concerns must be satisfied for the Building Official to be content with the installation. Temporary Use Permit Review Criteria Pursuant to §7.24.080(h), Review Criteria, AMC, the PZC shall consider the following criteria when forming the basis of a recommendation: (1) The temporary use or structure shall not cause unreasonable negative impacts to properties, residents, business or public uses in the vicinity, which cannot be mitigated through the imposition of conditions on such temporary use or structure. Such negative impacts to consider include, but are not limited to: visual, noise, vibration, trash, hours of operation, traffic congestion, parking, safety, soil and vegetation disturbance, natural resource impacts and reasonable expectations of enjoyment of property based upon zone district designations and community planning documents; Staff Response: The temporary display will be visible from Nottingham Road and those traveling on Interstate 70, creating a visual impact. PZC should consider the visual impact of the display for up to 12 weeks as proposed. The temporary display will not induce noise, vibration or congestion to adjacent property; the temporary display will not impact parking, nor safety. (2) Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection, roads and transportation, as applicable) will be available to serve the proposed temporary use or structure while maintaining adequate levels of service for existing development; Staff Response: The temporary use does not impact facilities or services in the area. (3) The temporary use shall comply with all applicable general and specific regulations of this Section, other Town ordinances, and state and federal law unless otherwise expressly stated; Staff Response: The Applicant would remain compliant with all applicable general and specific regulations of the Avon Development Code pertaining to the temporary use. (4) The applicant has demonstrated that he or she possesses the requisite skills and experience to ensure that the particular activity will be conducted in a safe and orderly manner; Staff Response: The display must be designed and professionally affixed to the building in a safe manner. As already installed, the Town is unable to verify that it was done in a safe manner to avoid possible accidents that could be created with high wind events. (5) The temporary use or structure is not of a nature that will become impractical to cease or remove over time; Staff Response: The temporary display can be removed at any time. June 7, 2016 PZC Meeting – Temporary Use Permit 3 (6) Adequate plans or sureties are proposed to guarantee restoration of the property after the temporary use or structure ceases; Staff Response: Not applicable. (7) All temporary signs associated with the temporary use or structure shall be properly permitted pursuant to Chapter 15.28, Sign Code, and removed when the activity ends or permit expires, whichever occurs first; Staff Response: The Application falls within the review of Temporary Use as a “temporary sale display” and not subject to Sign Code. (8) The temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use on the site; Staff Response: There are no applicable conditions of approval associated with the Property. (9) The temporary use regulations of this Section do not exempt the applicant or operator from any other required permits, such as food service or building permits; Staff Response: Not applicable. (10) The temporary use or structure, including any associated parking and traffic circulation, shall not disturb sensitive or protected resources, including required buffers, one-hundred-year floodplains and required landscaping, and the applicant shall agree to restore all disturbed areas of the site to the condition that existed prior to the temporary use or structure; Staff Response: The display does not impact parking, circulation, or involve any land disturbance. (11) Tents and other temporary structures shall be located so as not to interfere with the normal operations of any permanent use located on the property, shall be anchored and meet the requirements of the Building Official, including fire rating; Staff Response: The temporary display is anchored with to existing safety hold down brackets. As noted, a professional must sign off and verify that the installation is acceptable given the size, weight of installation, and local conditions. (12) Off-street parking shall be adequate to accommodate the proposed temporary use or an acceptable parking plan shall be approved with the temporary use or structure; Staff Response: No parking is needed to accommodate the requested temporary display. (13) The temporary use will not result in excessive demands for police, ambulance, fire or other essential public services which may negatively impact the capacity of existing public services to meet existing public service demands or the applicant agrees to mitigate the increased demands for public services; Staff Response: The temporary display will not create demand for emergency response. (14) The size, nature or location of the temporary use or structure is not reasonably likely to cause a clear and present danger of injury to persons and property; Staff Response: The temporary display should not present any danger to persons or property. June 7, 2016 PZC Meeting – Temporary Use Permit 4 (15) Another temporary use permit application has not been received prior in time or has already been approved for the same time and place requested by the applicant or so close in time and place to that required by the applicant that the issuance of both permits would cause undue traffic congestion; Staff Response: Not applicable. (16) The location of the temporary use or structure will not substantially interfere with any construction or maintenance work scheduled to take place upon Town streets; and Staff Response: The display will not interfere with construction or maintenance in the area. (17) The temporary use or structure shall be for a duration which is appropriate considering the location, use, planned development and activities in the vicinity and impact on nearby properties; however, in no event shall a temporary use be granted for more than three (3) years. Staff Response: The duration of the display is substantial, for up to twelve (12) non-consecutive weeks. While the use does not impact other nearby properties directly, the duration should fall in line with the allowance for temporary signs (as governed by Title 15 – Sign Code) which allows for temporary sales banners up to 30 days per year. Allowing the display up to 4-5 weeks seems appropriate for this proposal. Staff Recommendation Staff recommends approval of the requested Temporary Use Permit with the following conditions: 1. The display is permitted up to thirty (30) days, through the 2016 calendar year. 2. Prior to display a qualified person will design the restraints for the display and provide the plan to the Chief Building Official 3. The Applicant shall be responsible for restoring the condition of the property to preexisting conditions upon completion of the temporary use. Following a public hearing, Staff shall prepare a formal Findings of Fact and Record of Decision pursuant to Section 7.16.020(f)(3), Findings. The Following Findings May be Applied Should the PZC Approve the Application 1. The site is isolated from adjacent uses to the extent that the proposed temporary display will not negatively affect the use and enjoyment of adjacent property. 2. The temporary display does not place an undue burden on community services, utilities or sensitive environments. 3. A thirty (30) day display period is consistent with and appropriate to the Town of Avon temporary sign allowances. Recommended Motion “I move to approve Case #TMP16001, an application for a Temporary Use Permit for Outdoor Sales Display on Lots 26-28, Block 1, Benchmark at Beaver Creek Subdivision together with Staff’s recommended findings and conditions.” Attachments A: Vicinity Map B: Application June 7, 2016 PZC Meeting – Temporary Use Permit 5 Attachment A May 2, 2016 Temporary Use Permit Temporary Sales Display of an inflatable Jacuzzi Duck on the roof of the leased building at Avon Mountain Center N11 – N12. Request is to have the sales display during the Jacuzzi Sales times of the 2nd – 4th weeks of each month for the year 2016. The landlord and neighboring businesses are supportive of keeping the duck on display. It does not interfere with parking nor business activity. June 7, 2016 Planning and Zoning Commission Meeting Page | 1 The Lodge at 100 West Beaver Creek Boulevard- Lot A, ACBC Subdivision Staff Report – Sign Design June 7, 2016 Planning & Zoning Commission Meeting Project type: Sign Design Zoning: Town Center (TC) Address: 100 W. Beaver Creek Boulevard Location: Prepared By: Lot A, Avon Center at Beaver Creek Subdivision Matt Pielsticker, AICP, Planning Director Staff Report Overview This staff report contains one application for consideration by the PZC: 1. SGN16006: Sign Design for new Lodge at Avon Center sign. This application seeks approval for one building identification sign. Summary of Request On behalf of Avon Center at Beaver Creek I HOA, the controlling entity for the exterior of the Lodge at Avon Center, DaVinci Sign Systems, Inc. is proposing to replace the existing pan channel letter, internally illuminated building identification sign. The Applicant has demonstrated that the sign matches the size of the existing sign and proposes a new design including halo back-lit reverse channel letters, constructed with a black aluminum finish. The Lodge at Avon Center has a Master Sign Program for tenant signs. This proposal replaces a sign that predates the sign program and is being reviewed independently of the buildings’ commercial tenant Master Sign Program. Review Criteria The Planning and Zoning Commission shall consider the following items in reviewing proposed designs: 1. The suitability of the improvement, including materials with which the sign is to be constructed and the site upon which it is to be located; 2. The nature of adjacent and neighboring improvements; 3. The quality of the materials to be utilized in any proposed improvement; 4. The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property; 5. The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be impaired; 6. Whether the type, height, size and/or quantity of signs generally complies with the sign code, and are appropriate for the project; 7. Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is appropriate for the determined orientation. Staff Response: The sign meets the sign code requirements for high quality construction, and meets the size requirements which allow for up to 64 square feet of signage per frontage for building identification signage. The materials and sign design (reverse channel halo lit) meets the sign code and the design is appropriate viewed next to tenant signs. The tenant cabinets also have aluminum finish. The sign is oriented to vehicular traffic which is appropriate given the June 7, 2016 Planning and Zoning Commission Meeting Page | 2 The Lodge at 100 West Beaver Creek Boulevard- Lot A, ACBC Subdivision site and auto-orientated nature of the Avon Road and Beaver Creek Boulevard roundabout where this sign is most visible. Staff Recommendation for Case #SGN16006 Staff recommends approving Case #SGN16006 on consent agenda as it meets the requirements of the Sign Code and no public hearing is required for sign design review. Recommended Motion: “I move to Approve Case #SGN16006, a Sign Design application with the following finding: 1. The Application was reviewed in conformance with Section 15.28, Sign Code, and found to be in conformance with the design review criteria outlined in Section 15.28.070, Avon Municipal Code.” Attachments  Sign Design (Proposed)  Sign Design (Existing)  Photographs of Property Work Session – Wayfining Sign Design June 7, 2016 Planning & Zoning Commission Meeting Project type: Sign Design Report Date: June 3, 2016 Location: Prepared By: Varies throughout Town Core Matt Pielsticker, AICP, Planning Director Summary Staff is seeking direction from PZC on two sign design alternatives for wayfinding that have been developed by Design Workshop, consultant to the Town for the Beaver Creek Boulevard redesign project. The Avon Town Council recently approved the Town’s first Marketing Plan, a document that includes new brand standards. The goal is to implement the new Brand Standards and further the wayfinding efforts in the Town Core which has been identified as a priority by Town Council. Prior to the June 7, 2016 meeting, two mockups will be installed in the field reflecting the attached designs. Staff will advise PZC where these are located prior to the meeting in order to evaluate the signage for size, scale, color, etc. in the field. The mockups will not represent the final material or quality of construction; those details will be further evaluated with a sign manufacturer. The designs include a new color palette, with primary and secondary levels of text for wayfinding. The intent is to be able to utilize existing light poles to affix these signs without the need to create new freestanding poles. Background The 2006 West Town Center Investment Plan contained a set of public signage guidelines including font, color, and design standards for street signs. The guidelines included earth tone colors and a font representative of the railroad and lettuce farming heritage of the area. These guidelines were implemented in areas including Lake Street and Benchmark Road street signs, as well as Nottingham Park signs. Most recently, in 2015, the Town installed wayfinding signs in two locations of the Main Street Pedestrian Mall to incorporate these guidelines. Last year the Town engaged Bluezones to perform a walkability analysis report. That report recommended the inclusion of a more comprehensive wayfinding signage program. With the current planning and design team on board for the West Beaver Creek Boulevard streetscape June 7, 2016 Planning and Zoning Commission Meeting Page | 1 Town of Avon Wayfinding Signs project (project also recommended in Bluezones report), Staff has moved forward with this priority and opportunity to budget and implement a wayfinding program in 2016 in advance of spring 2017 construction of Beaver Creek Boulevard. The Avon Town Council recently approved the Avon Marketing Plan at their May 24, 2016 meeting. The Marketing Plan implements the new brand standards which were spurred from the Town Logo update process. The new standards include brighter colors with a more identifiable font to be used across all mediums in Town. Staff has worked with Design Workshop to incorporate these new brand standards, coupled with concepts developed in 2006 for a formal wayfinding sign design. The new design and layout are attached hereto with two distinct options for PZC input. Staff is seeking direction from PZC on the two concepts that have been developed in order to finalize a design and obtain cost information for construction this summer. Attachment • Sign Design Options June 7, 2016 Planning and Zoning Commission Meeting Page | 2 Town of Avon Wayfinding Signs Avenir Blakc A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Option 1a SHOPS & DINING RECREATION CENTER GONDOLA LIBRARY RECREATION CENTER GONDOLA LIBRARY SHOPS & DINING Primary Wayfinding Signage Secondary Wayfinding Signage 6’ 15’8” 1/20 scale 1/4 scale banner mock up (24”x42”) Avenir Blakc A B C D E F G H I J K L M N O P Q R S T U V W X Y Z SHOPS & DINING 5 MIN.SHOPS & DINING 100YRDS INFORMATION 5 MIN. Option 3a Primary and Secondary Wayfinding Signage Optional Version 9’ 6’ 15’8” 1/20 scale banner mock up (24”x42”) 9’ 6’ 15’8” 1/20 scale 1/4 scale