PZC Packet 070505�4 Town of Avon Planning & Zoning Commission
Mqw�/ O�Meeting
July 5h,2005
° ` ° " " ° ° Meetings Held At: Avon Town Council Chambers
Meetings are open to the public
Avon Municipal Building 1400 Benchmark Road
5:00 pm Commission Work Session
(Discussion of Items on Agenda)
- REGULAR MEETING AGENDA -
I. Call to Order at 5:30 pm
It. Roll Call
III. Additions and Amendments to the Agenda
IV. Conflicts of Interest
V. Consent Agenda: Approval of the June 21", 2005 Planning & Zoning Commission Meeting
Minutes.
VI. Comprehensive Plan Update — (5:35pm — 6:45pm) — PUBLIC HEARING
Description: Review the planning principles and recommendations within the Medium
Priority Districts (Subareas) and work through Draft Plan Observation Summary as it pertains to
the Medium Priority Districts.
VII. Final Design - Tabled at the June 21" Commission meeting (6:45pm — 7:15pm)
Property Location: Lot 12, Block 2, Benchmark at Beaver Creek Subdivision/540 Beaver
Creek Blvd.
ApplicanNOwner. Davis Partnership Architects/Daniel Ritsch
Description: The applicant, Davis Partnership Architects, is proposing a 13 unit residential project on
this lot. The proposed materials include a combination of stone veneer and wood siding with a
maximum building height of 60' and maximum lot coverage of approximately 48%. The subject
property measures approximately .69 acres and is currently undeveloped.
VIII. PUD Amendment I Preliminary Subdivision Plan Review I Subdivision Variance - Dry
Creek -Tabled at the June 21st Commission meeting (7:15pm — 8:00pm) PUBLIC
HEARING
Property Location: Lot 44, Block 2, Wildridge Subdivision/2510 Old Trail Road
Applicant/Owner. Blue Bird Meadows, LLC
Description: A request for an amendment to the Wildridge PUD to allow for three (detached) single-
family residences in place of a four dwelling unit (one four-plex) structure. This amendment would
permanently reduce the density for the property. Vehicular access would be through an access
easement on the neighboring property on Lot 45, Block 2, Wildridge Subdivision.
Also being reviewed is a Preliminary Subdivision application and a Subdivision Variance application to
allow for the creation of lots within the proposed Dry Creek PUD that do not meet the minimum street'
frontage requirement of twenty-five feet.
Posted on July 1s', 2005 at the following public places within the Town of Avon:
• Avon Municipal Building, main lobby
• Avon Recreation Center, main lobby
•. Alpine Bank, main lobby
• City Market, main entrance bulletin board
• On the Internet at hftp://www.avon.org / Please call (970) 748.4030 for directions
IX. Special Review Use Permit — Wildridge TLC — Home Daycare (B:OOpm — 8:30pm) PUBLIC
HEARING
Property Location: Lot 45C, Block 2, Wildridge Subdivision/2520C Old Trail Road
Applicant: Jennifer Mach
Description: Jennifer Mach is requesting a Special Review Use (SRU) permit to allow for a children's
daycare at a single-family home on Old Trail Road. The applicant has held a permit for this use since
original approval on March 5, 2002 in the adjacent duplex property.
X. Other Business
XI. Adjourn (8:30pm)
Posted on July 13% 2005 at the following public places within the Town of Avon:
• Avon Municipal Building, main lobby
• Avon Recreation Center, main lobby
• Alpine Bank, main lobby
• City Market, main entrance bulletin board
• On the Internet at htto://www.avon.org / Please call (970) 748.4030 for directions
%1
Town of Avon Planning & Zoning Commission Meeting
VON Minutes
June 21, 2005
C O L O R A D O
5:00 pm — 5:30 pm Commission Work Session
I. Call to Order
The meeting was called to order at 5:35 pm.
IL Roll Call
All Commissioners were in attendance with the exception of Commissioner Evans.
III. Additions and Amendments to the Agenda
There were no additions or amendments to the Agenda. Eric Heidemann remarked that during
Commissioner work session, three letters of protest were distributed Item VII, Final Design —
Tabled at the June 6"' Commission meeting (REQUESTING TABLING TO JULY 57H
MEETING), Property Location: Lot 12, Block 2, Benchmark at Beaver Creek Subdivision/540
Beaver Creek Blvd, and one letter of support for Item VIII. PUD Amendment / Preliminary
Subdivision Plan Review I Subdivision Variance - Dry Creek, Property Location: Lot 44, Block 2,
Wildridge Subdivision/2510 Old Trail Road, Applicant/Owner. Blue Bird Meadows, LLC.
IV. Conflicts of Interest
Commissioner Buckner voiced conflict with Item VII, Final Design - Tabled at the June 60
Commission meeting (REQUESTING TABLING TO JULY 5'H MEETING), Property Location:
Lot 12, Block 2, Benchmark at Beaver Creek Subdivision/540 Beaver Creek Blvd.
V. Consent Agenda:
• Approval of the June 7th, 2005 Planning & Zoning Commission Meeting Minutes.
Commissioner Struve motioned for approval of the Consent Agenda and Commissioner Savage
seconded the motion. All Commissioners were in favor.
VI. Comprehensive Plan Update — PUBLIC HEARING
Description: Present the High Priority Subarea section of Comprehensive Plan. Work through
Draft Plan Observation Summary as it pertains to the High Priority Districts, and general
discussion of style and content.
Rebecca Leonard approached the podium to discuss subareas and districts in Comprehensive
Plan with the Commission. Ms. Leonard gathered commissioner input on the format and
presentation to date. She continued with the Avon Town Center Plan and its incorporation into
the Comprehensive Plan as an appendix in the Comp Plan. The area of Planning Principles
was addressed next with Commissioner Green questioning how sun studies would be presented
within the Plan. Eric Heidemann mentioned that buildings over 3 stories are required to provide
sun studies and its been adopted in the Guidelines. Discussion continued with height issues,
make it definitive or permit varying rooflines for greater architectural creativity. The matter of the
word "contemporary" was addressed and its specific definition. Commissioner Green
mentioned that architectural diversity would be beneficial. Pedestrian orientation was the next
focus. Parking was discussed.
District Two was addressed. The crossing of Avon Road was targeted, how to flow east and
west "Main Street", and how to clarify the issue. Ms. Leonard felt it would be best addressed as
a goal.
District 3, Confluence District, conversation began with the removal of the word "gondola" from
the plan as there may be other modes of transportation to Beaver Creek Village from the
Confluence site. The development of the river as a public amenity and marketed as such
should be encouraged in the Plan. The bullet point regarding trees would need revision to
eliminate the word "all" as some trees would need to be discarded.
District 4: Avon Road Corridor — stronger pedestrian interaction and bringing multiple methods
of connection would be encouraged. Sample Comprehensive Plans were distributed for
Commissioner review.
OPEN PUBLIC HEARING
No members of the public approached the podium. Rebecca Leonard stated that she would
work with staff on completing the balance of subarea reformatting, hoping to bring back the
medium subareas for final review at the next meeting.
CLOSED PUBLIC HEARING
VII. Final Design - Tabled at the June 6t' Commission meeting (REQUESTING
TABLING TO JULY 5"' MEETING)
Property Location., Lot 12, Block 2, Benchmark at Beaver Creek Subdivision/540
Beaver Creek Blvd.
App/icant/Owner. Davis Partnership Architects/Daniel Ritsch
Description: The applicant, Davis Partnership Architects, is proposing a 13 unit residential
project on this lot. The proposed materials include a combination of stone veneer and wood
siding with a maximum building height of 60' and maximum lot coverage of approximately 48%.
The subject property measures approximately .69 acres and is currently undeveloped.
Eric Heidemann voiced that the applicant was present and looking for direction/comments from
the Commission.
Daniel Ritsch, applicantlowner, approached the podium to initiate conversation and his desires
for comments and direction for this project. Commissioner Struve commented that blocking the
Nottingham Lake from the viewer on 1-70 was not a concern. Commissioner D'Agostino
mentioned that the project has potential but there are massing issues. Commissioner Green
agreed but questioned if this project could inspire the redevelopment of the older buildings in the
area and maximizing the site with massing wasn't appropriate. Commissioner Smith concurred.
Commissioner Struve motioned for the tabling of Item VII, Final Design - Tabled at the June 7"'
Commission meeting (REQUESTING TABLING TO JULY 5rr} MEETING), Property Location:
Lot 12, Block 2, Benchmark at Beaver Creek Subdivision/540 Beaver Creek Blvd.
Commissioner Savage seconded the motion to table and the motion passed unanimously.
VIII. PUD Amendment/ Preliminary Subdivision Plan Review/ Subdivision Variance -
Dry Creek - PUBLIC HEARING
Property Location: Lot 44, Block 2, Wildridge Subdivision/2510 Old Trail Road
Applicant>Owner. Blue Bird Meadows, LLC
Description: A request for an amendment to the Wildridge PUD to allow for three (detached)
single-family residences in place of a four dwelling unit (one four-plex) structure. This
amendment would permanently reduce the density for the property. Vehicular access would be
through an access easement on the -neighboring property on Lot 45, Block 2, Wildridge
Subdivision. Also being reviewed is a Preliminary Subdivision application and a Subdivision
Variance application to allow for the creation of lots within the proposed Dry Creek PUD that do
not meet the minimum street frontage requirement of twenty-five feet.
Eric Heidemann presented the Staff Report to the Commission.
George Ruther, developer representative, approached the podium. Mr. Ruther began by stating
that this project was a down -zoning of the area, the site would be better preserved with less
density, home sizes would be restricted to 5000 sq ft, and increase to landscape requirement to
35%. Mr. Ruther continued by addressing the denial aspect of the Staff Report. Trent Hubbard
distributed a memo to the commission, which outlined the applicant's response. Mr. Ruther
continued by addressing each item of the memo, justification of his position and sought approval
of his presentation by the Commission.
OPEN PUBLIC HEARING
Trent Hubbard, 2618 Bear Trap Road resident, mentioned that he has a contract to purchase
this project from the developer and is a long time resident of Wildridge. He asked the
commission to consider approval of this project as single family homes would be beneficial to
Wildridge as opposed to multi family housing to the site. Mr. Hubbard continued by reading
letters, not provided to the commission, regarding their approval/support of the single-family
project.
Henry Lucinges, adjacent homeowner to this project Lot 45A, approached the podium, gave his
support to the down zoning, voiced concern regarding traffic and the unpleasant childcare
situation in this residential neighborhood. Patrick Zimmerman, 5768 Wildridge Road,
commented at the podium regarding traffic in the area and supported any measure to reduce
traffic by down zoning density. Michael Linhof, Suncrest triplex Unit C owner, agreed that down
zoning density was a good idea and gave his full support to this project.
Mike Farr, Flat Point resident, gave his support to the density and to the project. Karen
Oberholtzer, 3165 Wildridge Road — Lot 42, would like to see three single-family homes, with a
maximum of 4,000 sq it, as they would be more similar to homes in the area.
Andrew Karow, soon to be Wildridge resident again, gave support to this project and began his
comments by discussing the over supply of low cost rental housing such as Buffalo Ridge and
Eagle Bend in Avon and staffs comment for the need of single family residences in Wildridge.
He continued with the need in Wildridge for small single-family projects. Mr. Karow continued
that shared access minimizes the asphalt in the area, greater landscaping, and shows
neighbor's working together.
CLOSED PUBLIC HEARING
Eric Heidemann discussed the potential problems of the shared access referencing the average
daily trips from this site and adjacent sites, and the adjacent day care site. He continued by
mentioning letters of protest for the daycare SRU in the area and the potential impact of such a
shared access with children playing in the area and leaving their toys all around. Mr.
Heidemann believed it was the responsibility of the Town's planners to raise housing issues
and the intent to maintain a balance of housing and not focus on property value and
compatibility.
Commissioner Buckner complimented the applicant for his research into the project, voiced
concern with the traffic access, mentioned that 4,000 sq ft home was more than adequate and
single-family homes would be appropriate in the area. Commissioner Struve questioned the
berm, which is an issue of Certificate of Occupancy for Lot 45, agreed with the limitation of
4,000 sq ft, and mentioned the movement of the lot lines might be beneficial.
Commissioner D'Agostino agreed with Commissioner Struve's comments regarding lowering
the access to Lots 2 and 3, additional access is not warranted but that widening would be
beneficial to assist with emergency access, and a 5,000 sq ft home is not realistic for the
neighborhood. Commissioner Green commented that housing diversity is important, the fire
issue must be addressed, minimum standards are not wide enough since 12 feet is just not wide
enough, the parking issue by modifying setbacks might compromise parking, agreed that 5,000
sq ft was too big, encouraged more appropriate sq footage as smaller sizes are less expensive
to construct and that the fire district needs to be addressed. Commissioner Savage believed
that this area is actually a cluster project from an appraiser point of view, but it is a good use for
the area. He continued by questioning the 4-plex square footage in this neighborhood and its
impact on the site and mentioned that the applicant is not meeting the housing policy by
proposing 5,000 square foot homes, a need for a lower maximum sq footage, and the fire
district concern. He voiced that to put million dollar homes in a location that was designed for a
4-plex of approximately 2,200 sq ft each unit, was not the intent of the original Wildridge PUD.
Commissioner Smith agreed with the access and square footage as presented by the other
commissioners.
Andrew Karow mentioned several parcels that have been down zoned, the precedent they have
set, and their assistance to the housing policy. N Commissioner Struve mentioned that affordable
housing in Wildridge passed by about two years ago in the market.
Mr. Ruther summarized the issues with this application as being revision of the maximum
building square footage to less than 5,000 sq ft, minimizing the asphalt, expansion of the
driveway width, resolution of the fire protection issues, and addressing parking comments.
Commissioner Struve motioned to table the discussion. Commissioner Green seconded the
motion and all commissioners were in favor.
IX. Master Sign Program Amendment— Wells Fargo
Property Location: Lot 22A, Block 2, Benchmark at Beaver Creek Subdivision/245
Chapel PI.
Applicant: RMD Signs / Owner. Chapel Square LLC
Description: The applicant, RMD Sign Company, is proposing signage for Wells Fargo on Lot
22A of the Chapel Square PUD. This MSP amendment application proposes one building sign
and four freestanding directional signs. A previous sign application for the same building (and
tenant) was denied at the Commission's April 19'h. 2005 meeting. '
Matt Pielsticker presented Staffs Report to the commissioners.
Commissioner review began with Commissioner Savage who agreed with staffs
recommendations as being incompatible. Commissioner Struve commented that his review of
Chapel Square revealed the current signage, as oval in appearance and this application does
not address compatibility. Commissioner Struve mentioned the monument signs in the area,
signs should not block views, and this sign presentation on stilts was not compatible.
Commissioner Buckner commented that the large sign was appropriate on the large signage.
Commissioner Smith voiced that a sign on the building was compatible with other business's
have signs on their buildings even though the building was not solely leased by Wells Fargo.
Commissioner Smith voiced that the 7 foot signs were not necessary and stated that small
directional signs would be more appropriate to get people into the drive thru.
Greg Gastineau approached the podium for comment and that the landlord was in agreement
for the signage on the building. Commissioner Buckner mentioned that the Weststar Bank
building is identified by their name even though there are other clients in the building
Commissioner Green motioned for denial of Item IX, Master Sign Program Amendment— Wells
Fargo, Property Location: Lot 22A, Block 2, Benchmark at Beaver Creek Subdivision/245
Chapel Place. Commissioner Struve seconded the denial motion. All commissioners were in
favor with Commissioner Buckner opposing denial.
X. Sketch Design Plans
A. Wells Fargo Drive Thru
Property Location: Lot 22AB, Block 2, Benchmark at Beaver Creek Subdivision/245
Chapel Place
Applicant: Greg Gastineau, Timberline Commercial Management
Description: Greg Gastineau is proposing a sketch design plan to add a canopy and associated
drive through lanes for a drive up banking facility. The proposed drive through would be located
on the former "chapel" site, behind the City Market grocery store. Materials and colors of the
canopy would match the existing building to the south (Building C), and the bank will be
occupying the entire first floor of the building.
Matt Pielsticker presented the Staff Report.
Commissioner Savage questioned Town Council's input of the previous design. Commissioner
Green commented that one of the bays was eliminated; the archway is°over one of the bays and
saw improvements made. Commissioner D'Agostino expressed that the new proposal was
more compatible and that there was room to drop down the height. Greg Gastineau
commented that 12 feet was a Wells Fargo minimum. Commissioner Buckner questioned the
parking along side of the triangle, by the transformer, would a walkway be constructed? Mr.
Gastineau commented that there exists a sidewalk and it was not scheduled for removal.
Commissioner D'Agostino requested the applicant to verify the height of the arch and arcade,
provide a revised site plan, verify the sidewalk, trees remaining and their relationship to the site.
Mr. Gastineau commented on the three bullet points of the staff report. Commissioner Buckner
voiced that banks typically have standards for the clearances.
B. Wuhrrnan Duplex
Property Location: Lot 70A, Block 1, Benchmark at Beaver Creek Subdivision/540
Nottingham Road
Applicant/Owner. Jerald Wuhrman
Description: Jerald Wuhrman is proposing a duplex development on Nottingham Road
immediately east of the Bristol Pines Condominiums. The building is proposed at three stories
tall, and construction. would be predominately stucco. This application follows the denial of a
variance application for building encroachments into the 7.5' Utility and Drainage Easement and
building setbacks. At the Commission's September 215x, 2004 meeting the variance application
was reviewed in conjunction with a sketch design plan for a duplex.
Matt Pielsticker presented the Staff Report.
Jerald Wuhrman approached the Commission and distributed a rendering of the site. He
commented on the changes made from his last Sketch Design denial.
Commissioner Struve commented on the style and its need to be either one or the other.
Christy voiced that the southwest style is not compatible with Nottingham road and that stucco
and wood is the primarily look for the neighborhood, she had difficulty reading the site plan for
drainage and how it is sited in relationship to the other properties in the area, and the
hammerhead seems inadequate for turning on the site.
Commissioner Green wanted to see site sections of the site to help identify the relationship to
existing conditions, garage and floor levels in relation to the topography of the land, wanted to
see the relationship of the adjacent properties, specific on drainage, the lack of movement for
parking and a more compatible architectural statement for the project. Commissioner Savage
voiced concern that it seems similar to the Night Star project on Nottingham and its history of
poor resale; agreed with the other commissioners about the hammerhead and the drainage;
commented that mirror images were not encouraged. Commissioner Buckner expressed the
capability of the project to maximize the views and he agreed with the global comment on style
and the need to see the relationship (context) of this site with the existing conditions in the
immediate area.
XI. Minor Project -Fence Application
Property Location: Lot 19 and 20, Eaglebend Subdivision/5297/5325 Eaglebend Drive
Applicant/Owner. Deborah Gallen
Description: The applicant is proposing to construct a 5' high Cedar Dog Ear fence around the
perimeter of the backyard of the two subject properties. The width of the proposed cedar pickets
is 1 X 6 with a natural finish.
Eric Heidemann presented the Staff Report.
Commissioner Green questioned the term existing fencing in the neighborhood.
Commissioner Buckner motioned to approve Item XI, Minor Project - Fence Application,
Property Location: Lot 19 and 20, Eaglebend Subdivision/5297/5325 Eaglebend Drive,
ApplicanUOwner. Deborah Gallen, with the approval of the adjacent property owners, Lot 18
and 21. Commissioner Savage seconded the motion and all commissioners were in favor.
XII. Final Design — Mock up Review
Property Location: 38374 Highway 6, Lot 1, Chateau St. Claire Subdivision ("The
Gates")
ApplicantlOwner. JMJ Development / Ivins Design Group
Description: Review discussion and action on the mock up elevation from noon site tour.
Eric Heidemann presented the memo to the commission and requested feedback to provide to
the applicant. Commissioner Savage approved of the mock up as presented and staffs
recommendations. Commissioner Green commented that the fascia would benefit to be made
of '/4" thickness or of wood for the profile instead of the 7/16" off the shelf material.
Commissioner D'Agostino's comments included that they didn't have a secondary roof material
and she would like it made clear, deck materials must be rough on wood, the pickets posts
horizontal trim and the base of the deck should be of rough material. Roof fascia, soffits were
boring and at a minimum should be 314" soffit was disappointing as hardy panel and would
encourage a grooved material to enhance the visual. Copper flashing and gutter discussion of
pre -finished copper and would like to see a bronze instead of a copper patina. Commissioner
Green suggested that the copper be reexamined. Commissioner Struve mentioned that they
were coming back with a lighting plan and the yellow on the bottom will require a landscaping
plan, and the roof tile looks great. Commissioner Buckner commented that the metal railing
everywhere would be appropriate. Commissioner Smith voiced that the yellow color was scary
and an earth tone shade would be beneficial. Staff would follow up with the applicant and
transmit the review of the mock up next week.
XI. Other Business
Tambi Katieb announced the upcoming Town Center Plan Design Charette scheduled for July
11-15, 2005. July 15'" is the public open house. Confluence is scheduled for July 70 and 8"',
with July 1 e for a joint session with Town Council.
XII. Adjourn
Commissioner Struve motioned to adjourn; Commissioner Savage seconded the motion. All
Commissioners were in favor. The meeting was adjourned at 9:45 pm.
Respectfully submitted,
Ruth Weiss
Recording Secretary
APPROVED:
Terry Smith
Vice Chairman
Phil Struve
Secretary
Memorandum
Design Workshop, Inc.
Landscape Architecture
To:
Town of Avon Planning an Zoning
Land Planning
Commission
Urban Design
Via:
TambiKatieb
Strategic Services
From:
Rebecca Leonard
Date:
June 29, 2005
Project Name:
Avon Comprehensive Plan Support
Project #:
3555
Subject:
Agenda for July 5 Meeting
Copy To:
The proposed agenda for the meeting on July 5 is as follows:
1. Present the Medium Priority District section of Comprehensive Plan
2. Work through Draft Plan Observation Summary as it pertains to the Medium Priority
Districts
3. General discussion of style and content
4. Next steps
DES IGNWORKSHOP
Asheville • Aspen • Denver • Park City • Phoenix • Santa Fe • Tahoe • Santiago • Sdo Paulo
120 East Main Street, Aspen, Colorado 81611 • (tel) 970-925-8354 • (fax) 970-920-1387
www.designworkshop.com
May 6, 2005
Teew ct�,) D--f>�cq- 6
rY GROUP «c
Mr. Tambi Katieb
Director of Community Development
Town of Avon
Post Office Box 975
Avon, CO 81620
Dear Mr. Katieb,
P.O. Box 30848 • Albuquerque, NM 8.
I wish to thank you, Eric and Norman for recently taking time to meet with Jim Allred,
Craig Folson, Brian Hammann and me regarding our proposed project on the Folson
Properly.
As discussed during our meeting, we propose to construct a 152 room upscale hotel
Guestrooms will have the following amenities:
- two room suites featuring a parlor and bedroom
- interior design featuring stylish mountain decor
- oversized guest bathrooms with upscale fixtures and granite -tops
- wet bars
- ceilings with a nine foot internal height
- many rooms will feature fireplaces
- ceiling fans
- pillow top mattresses, duvets and high thread count sheets
- either plasma or LCD televisions (two per guestroom)
- high-speed Internet
- CD and DVD players
The public areas of the hotel will feature:
- spa services for guests
- indoor/ outdoor pool with hot tub
- Fitness center for guests
- Business Center
- 4,000 square feet of meeting space including a boardroom
- Meeting space will have state of the art audio/visual equipment
- Small restaurant and bar for guests and to serve the meeting space
- Room service
- Four story atrium
- Ski and bicycle storage
RECEIVED
MAY 0 9 2005
Community Development
We have reviewed the Town -of Avon Comprehensive Plan (Draft Version). We strongly
believe our proposed hotel project meets the objectives of the Comprehensive Plan.
Further, the creation of an adjacent park (as proposed by Craig Folson) also fulfills a goal
of the Comprehensive Plan to have new developments incorporate recreational amenities.
The proximity of the project's site from the Town of Avon Core will allow our hotel
guests to help energize the area. While we anticipate most of our guests will make the 5
to 10 minute scenic walk to the Town Core, we will also provide shuttle service for those
guests unable to do so. The hotel will provide population to greatly enhance the revenues
of businesses located in the Town Core. This will provide significant financial economic
benefits to the Town, in addition to the related hotel tax revenues.
As you know, we recently completed the River Terrace Inn (www.riverterraceinn.com)
and Restaurant Budo (www.restaumntbudo.com) in Napa, CA. We invite the Town
Manager and your department to visit this project and meet with members of the Napa
community.
The assembled team and I look forward to continuing to work with you on this exciting
new project in Avon.
Very truly yours,
lZr 1 ��4 U, 0 �,
Robert Gustin
Managing Member
Gustin Property Group LLC
v� �: '.
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• F..
Town District Planning Principles
Ffiyli Priority Omtrr• .5
Town District Planning Principles
A. Districts Priority Classifications
While the Goals and Policies of this plan generally apply to all
areas of the town, the system of district designations provides
specific planning and urban design recommendations to distinct
geographical areas within the town. The district descriptions and
principles are a result of a combination of input from the
community, intent of the landowners, and the existing
development rights of the property.
As part of the comprehensive planning effort, the Steering
Committee undertook an effort to assess the appropriateness of
the previously assigned district boundaries and to make any
necessary changes to ensure that each district still comprised a
logical, cohesive geographic entity. Then the committee
conducted an evaluation of these districts to ensure that the
planning guidance and implementation recommendations of the
previous plan were still current and appropriate.
The next step was to assign to each district one of three relative
priority designations — High Priority, Medium Priority, or
StaticlLow Priority— based upon the perceived level of
significant issues and/or changes confronting a particular district.
The priority levels do not understate the importance of any
particular area of the town. Instead, it was done out of the
recognition that the town needs to prioritize where and how it
expends its energy and resources to most effectively realize the
community -wide vision and goals expressed within this plan.
Because of this classifications effort, the Steering Committee
produced a new map identifying the town's districts updating
boundaries where appropriate and classifying each district by its
relative priority level. The final step in this effort involved re-
evaluating each district with particular emphasis upon the high
and medium priority areas in terms of the appropriateness of
these districts' role and specific Planning Principles given the
context of this Plan's Vision, Future Land Use Plan, Community
Framework Plan, and Goals and Policies.
Town of Avon Comprehensive Plan
Page I
The heart of We
Community.
Town District Planning Principles
High Pi'iortty Dmtricf,.
B. High Priority Districts
The following districts are high priority for the town:
Diagram not to 3016
District 1: West Town Center District
in
The role of the West Town Center District is to be the heart of
the community. Social, cultural, intellectual, political, and
recreational gatherings occur in this district. In addition, it acts as
the common ground between the full-time residents, part-time
residents, and destination tourists through its diverse retail and
entertainment opportunities. All this activity and fusion will
make it the center of society and the true heart of the community.
The West Town Center District will be an intensely developed
mixed use, pedestrian -oriented area that serves as the primary
arca for residential and lodging development within the overall
Town Core.
Currently, this district provides a diverse mix of land uses in
vertically mixed-use buildings. Uses include retail, office,
Town of Avon Comprehensive Plan
Page 2
Town District Planning Principles
High Priority Dostrtct5
residential, government services, civic facilities, and parks
loosely grouped around a 50 -foot pedestrian mall right-of-way.
In 2001, the town completed a specific area master plan
(Appendix A: Town Center Plan) for this district that articulated
how the district could enable Avon to ensure its role as a
regional activity center. Key components of that planning effort
identified the following elements:
• The creation of a new "Main Street" in the existing
pedestrian mall right-of-way;
• The realignment of West Benchmark Road in order to
improve the circulation of the area and enhance the
development feasibility of key remaining vacant parcels;
• The linking of pedestrian, bicycle, and automobile
circulation to and through Avon's Town Center, Nottingham
Park, the Confluence site and the Eagle River;
• The development of a multi -modal transit center, and,
• The development of a parking structure associated with the
expansion of Avon's Recreation Center.
Planning Principles:.
• Develop a mix of uses that provide a strong residential and
lodging bed base supported by a mix of community and
guest serving commercial uses.
• Create inviting storefronts with retail, restaurant, and.
entertainment uses on ground levels and offices, lodging,
and residential uses above.
• Plan for public plazas and other gathering spaces for
community interaction.
• Provide entertainment opportunities for residents and guests
to enliven the area and extend retail hours.
• Implement key recommendations such as the Main Street
concept from the Town Center Plan.
• Enhance both pedestrian and auto connections within the
West Town Center District and link to the East Town Center
District and the Confluence District.
• Use signage, streetscape design, landscaping, points of
interest, and other wayfinding elements to help orient
Town of Avon Comprehensive Plan
Page 3
Town District Planning Principles
High Priority Districts
visitors and lead them toward important destinations within
the district and the large Town Core area.
• Use architectural detailing on ground level/first floor to
create an enhanced pedestrian environment.
• Site buildings of various sizes along the street edge to.
maximize sun exposure, protect views, and break up
building bulk.
• Develop and incorporate a new/expanded transit center and
joint private/public structured parking facilities that provide
Well -lit, pleasant pedestrian circulation throughout the
district.
Town of Avon Comprehensive Plan
Page 4
Town District Planning Principles
High Pnonty Drat'r t5
Magom rot m wale
District 2: East Town Center District
The role of the East Town Center District is that of a key
revitalization prospect for the community. Significant
redevelopment opponuniti6 exist for many properties in the
district, and should be considered comprehensively and with
concern for the community's greatest needs and desires. This
district also abuts on the east to the Village at Avon project and
its anticipated future development. Strong, cohesive pedestrian
and street connections should be established to ensure that these
districts together create a consistent and cohesive community
experience.
The scale of the parcels provides an opportunity for
incorporating a variety of uses including those that require larger
lots and ample parking. The challenge will be to overcome the
confusing street layouts, indirect pedestrian walkways,
diminished sight corridors, and entice people to get out of their
car and experience the entire Town Center. Wayfinding will be
essential to the success of this district's commercial spaces.
A mix of uses with a primary orientation toward major retail
Town of Avon Comprehensive Plan
Page 5
A key
revi`..Ih cation
pracl
Town District Planning Principles
High Priority Districts
establishments, smaller retail shops, personal service
establishments, offices, and supporting residential/lodging uses
will be suitable for the district.
Planning Principles:
• Develop a mix Of uses consisting of commercial useswith
supporting residential/lodging development.
• Reconfigure key parcel's and/or redevelop older,
underutilized buildings adjacent to Avon Road to make them
compatible with existing and future development in the West
Town Center District.
• Implement a modified street grid pattern that functionally
extends Main Street across Avon Road. r
• Plan for public plazas and other gathering spaces for
community interaction.
• Develop public/private structured parking facilities to make
parking less obtrusive to the pedestrian.
• Accommodate anchor retailers: without large expanses of
parking to ensure individual buildings and their uses are
integrated into a larger, unifying framework.
• Create a cohesive physical framework and community image
(compatible building orientation, scale, massing, sitting,
street alignments, streetscape furnishings, signage, lighting,
etc.) between the town and the Village at Avon.
• Use architecturally interesting detailing on ground level/fust
floor for enhanced pedestrian environment.
• Site buildings of various sizes along the street edge to
maximize sun exposure, protect views, and break up
building bulk.
• Strengthen the pedestrian environment by ensuring
convenient pedestrian and auto access to the entire Town
Core.
• Building height should not exceed four stories above grade
to maintain a strong visual connection to Beaver Creek.
• Encourage a scale of development (i.e. 80' maximum
building height) consistent with West Town Center District.
Town of Avon Comprehensive Plan
Page 6
Town District Planning Principles
Wyh Priority DistncN
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i Roundabout /ndoW w
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vehicular and Pedestrian Crossing / Beaver Creek
T Transit CenterL�/
RRedevelopment Opportunities
District 3: Confluence District
The Confluence District is the key community connector. Not
only a place where a river and creek converge, the Confluence
District represents one where roads, the railroad, regional trail,
and future gondola brings the community together and enlivens
the Town Core. The intent of the district is to facilitate an
extension of the Town Center with a significant residential/
lodging component, limited supporting commercial and services
uses, and direct gondola access to Beaver Creek.
The district is comprised largely of undeveloped land, with the
exception of the area's district wastewater treatment facility and
employee housing. The district has direct access to the railroad
right-of-way, the Eagle River, and Avon Road. The planning and
development of this district should appropriately incorporate
these three key assets.
Planning Principles:
• Develop a mix of uses consisting of bed -base development
with supporting commercial development.
• Develop a gondola (or other state-of-the-art conveyance)
linking the Confluence District to Beaver Creek Village as
the preferred alternative.
• Orient buildings to capitalize upon the river as an amenity by
generally stepping down with varying heights across the site
to create a more natural scale.
Town of Avon Comprehensive Plan
?age 7
The key
community
connector.
Town District Planning Principles
High Priority Districts
• Parking areas, trash dumpsters, and loading or service areas
should be screened and/or buffered from the river corridor
and from Highway 6 to minimize impacts upon the river
corridor and sustain compatibly with the river environment.
• Create a seamless vehicular and pedestrian connection to the
Town Center.
• Preserve and enhance public access to the existing linear
patb/natural park running along the riverbank. Connections
from this path to both the Town Center and Nottingham Park
must be created in an ecologically sensitive manner as a key
natural amenity.
• Encourage preservation of all trees 'in wetland areas.
Encourage development efforts to minimize the loss of trees
and impact to the riparian area while still achieving the
urban design, goals of this section.
• Use signage, streetscape design, building forms,
landscaping, points of interest, and other wayfmding
elements to help orient visitors and lead them toward.
important destinations within the district and Town Core
area.
• Anticipate and provide for transit facilities between the
Town Center and the Confluence in anticipation of a
passenger train on the railroad ROW.
• Plan for public plazas and other gathering spaces for
community interaction.
• Develop a wbitewater park to broaden the spectrum of
recreational opportunities in town.
• Recognize the Confluence District as the most valuable
property in Town limits and should be developed at its most
optimal level.
• Building height should not exceed eight stories above grade
and maintain a strong visual connection by preserving
prominent view corridor; to both the river and Beaver Creek.
• Limit buildings to no more than four stories in height to
ensure that development is subordinate to the town center
and compatible with the river environment.
Town of Avon Comprehensive Plan
Page 8
Town District Planning Principles
High Priority OititnCt'-
/
Roundabout
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Avon Road Showcase =r
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District 4: Avon Road Corridor
The Avon Road District's role as a showcase for the best of
Avon is derived from the part it plays in the experience of the
community. Being the major connection between 1-70 and
Beaver Creek Resort, Avon Road is the first (and occasionally
only) area many people see in the community. It is important that
this generally vehicular experience is significant enough to peak
the interest of the vehicle's occupants and get them out of their
cars and into the Town Center. The artwork and immaculate
landscaping helps this cause, but the surrounding architecture
and streetscaping must also be affecting.
Avon Road is the most traveled road in Avon, providing direct
access to Avon's Town Core areas, I-70, Highway 6, and the
Beaver Creek and Bachelor Gulch base areas. In 1997, the town
completed a major improvement project of Avon Road that
replaced all five of its signalized intersections with roundabouts
Town of Avon Comprehensive Plan
gage 9
A shco.cnso
for ttt^_ br .t
of Avnn
Town District Planning Principles
High Priority Districts
and provided significant strectscape enhancements. Though
these improvements and enhancements are widely recognized as
having achieved their primary objective of congestion relief, two
significant challenges still confront this corridor. First, the ease
and speed at which vehicles traveling through Avon's Town
Core area between the I-70 interchange and the entrance to
Beaver Creek and other U.S. Highway 6 destinations is such that
travelers are not enticed to venture into the Town Core's two
major mixed-use districts. The second significant issue is that
Avon Road functions as a barrier for pedestrians attempting to
walk within the Town Core between East and West Town Center
Districts.
Planning Principles:
• Integrate Avon Road into the Town Core development and
redevelopment efforts by incorporating wayfnding,
pedestrian planning, and other streetscape enhancements to
ensure that Avon Road provides a sense of arrival to the
town.
• Site buildings of various sizes along the street edge to
maximize sun exposure, protect views, and break up
building bulk.
• Use signage, streetscape design, landscaping, points of
interest, and other wayfmding elements to help orient
visitors and lead them toward important destinations within
the district and Town Core area
• Create a pedestrian connection across Avon Road to fully
integrate the Town Core and link the East and West Town
Center Districts.
• Limit building heights fronting Avon Road to existing
heights to avoid a canyon effect and to preserve Beaver
Creek views.
• Continue to use Avon Road as a gallery for sculptural art.
Town of Avon Comprehensive Plan
Page 10
Town District Planning Principles;
Medium Priority Oistrict�
C. Medium Priority Districts
The following Districts are deemed to present a medium priority
for the Town.
❑ Recreational Enhancements
® Civic Center Redevelopment
District 5: Nottingham Park District
The Nottingham Park District is Avon's cultural, civic, and
recreational hub. Included in this district are Nottingham Park,
the municipal office complex, fire department, library,
elementary school, and the Town's recreation center. The district
functions as the center for community activities, such as the
Town's Fourth of July celebration and various athletic
tournaments. Good pedestrian circulation between the municipal
center, the park, the Town Core, and adjacent residential uses
exist, but will need to be enhanced to respond to key future
developments in the West Town Center District and the
Confluence District. Views and access into and from the
Nottingham Park are key components to Avon's image and
identity.
Planning Principles:
• Strengthen this area as a cultural and recreational center by
Town of Avon Comprehensive Plan
Page 1 I
Town District Planning Principles
Medium Priority Districts
including amenities such as a performing arts pavilion,
concession stands, etc. to activate the park beyond.the
normal level of active and passive recreational activities and
provide a western anchor to the future Maw Street.,
• Create private, comfortable spaces along Buck Creek for
passive activities as an alternative to the play fields and other
active spaces available within the rest of Nottingham Park.
•. Use "signage; streetscape design, landscaping, points of
interest, artwork, and other wayfinding elements to help
orient visitors to the district's various functions, the cultural
and civic activity center, and toward important destinations
within the Town Core area.
• Realign Benchmark Road perpendicular with the future
Maw Street per the Avon Town Center Plan and enhance the
pedestrian connections between the municipal center and the
park.
• Preserve view corridors to Beaver Creek and the new Main
Street in the West Town Center District.
• Construct berms along 1-70 to mitigate noise from 1-70.
These may extend into District 16: the West Residential
District.
Town of Avon Comprehensive Plan
Page 12
Town District Planning Principles:
Medium Priority Distrcts
IN Awn Road Showcase
;j Roundabout
8
Vehicular and Pedestrian Crossing
District 6: U.S. Highway 6 Gateway Corridor
The U.S. Highway 6 Gateway Corridor is the community
Gateway to Avon and identifies Avon's image. The area is
characterized by: (1) the flat areas presently used for ski area
parking, and high visibility from U.S. Highway 6; (2) the
primary access to Beaver Creek; and (3) the Folsom/White
property (The Gates Development) located on the south side of
U.S. Highway 6.
The undeveloped parcels currently serving as parking areas and
other accessory uses for the Beaver Creek ski area present an
important influence on development within the Town. Although
these parcels are outside of Avon's municipal boundaries, the
Town should be consulted on any proposed development on
these parcels.
This intersection of U.S. Highway 6 and Avon Road is a major
gateway to the Town. As part of the Town's roundabout
improvement project, this intersection was converted to a full
roundabout with attractive landscaping and monumentation
identifying both the Town and Beaver Creek. This corridor area
also includes the Nottingham Station commercial area at the
intersection of Hurd Lane and Avon Road. A pedestrian link is
needed to connect this commercial area to the East Town Center
District and the Confluence District.
The Folsom/White property is intended to provide
residential/lodging uses with supporting commercial and service
uses. The area is somewhat isolated from other development
within Avon due to its location on the south side of U.S.
Highway 6. The area is characterized by steep terrain, with
limited buildable areas directly adjacent to U.S. Highway 6.
Town of Avon Comprehensive Plan
Page 13
Town District Planning Principles
Medium Priority Uistr+Lts
Planning Principles:
• Enhance the U.S'. Highway 6 rigbt-of way as a landscaped
boulevard/parkway to provide a sense of arrival and
departure for those traveling to and from Avon and to
strengthen Avon's overall community image and identity.
• Limit development of south side of Hwy. 6 to guest service
facilities near the Village Road intersection and to
neighborhood "supporting commercial near the Prater Lane
intersection.
• Strengthen the association between the Town and Beaver
Creek through compatible streetscape elements, efficient
access, and cooperative visitor information center..
• Encourage screening of ski area parking areas and other
accessory uses. .
• Create strong pedestrian connections to the Confluence and
the East Town Center Districts.
• , Site buildings of various sizes (but smaller than those found
in the West Town Center District) to maximize sun
exposure, protect views, and break up building bulk.
• Minimize cut areas and preserve areas of steep slopes.
Buildings should be built into the hillside and stepped up
with rising topography to reduce their dominance above U.S.
Highway 6.
Town of Avon Comprehensive Plan
Page 14
Town District Planning Principled,
Medium Priority Dibtrich�
Vehicular and Pedestrian Crossing
District 7. Village at Avon West District
The Village at Avon Village West District is a pedestrian -
oriented mixed-use urban village with commercial, residential,
lodging, educational, and cultural/recreational uses along with an
ice-skating/events center. The site is characterized by good
visibility from 1-70, gentle topography, and proximity to the East
Town Center District. In order to create a unified and cohesive
framework and community image building and site development
elements as well as public design elements such as street
alignments, streetscape furnishings, signage, and lighting need to
be coordinated between the Village at Avon developer and the
Town.
Planning Principles:
• Create strong auto, bicycle, and pedestrian connections to
the East Town Center District via both East Beaver Creek
Boulevard and Chapel Place.
• Create a unified and cohesive physical framework and
community image (compatible building orientation, scale,
massing, street alignments, streetscape furnishings, signage,
lighting, etc.) between the Village at Avon and the Town.
Town of Avon Comprehensive Plan
Page 15
Town District Planning Principles
Medium Priority Districts
• Site buildings of various sizes (but smaller than those found
in the West Town Center District) to maximize sun
exposure, protect views, and break up building bulk.
• Avoid large single -use buildings set back from the street
edge and surrounded by large expanses of parking.
• Create inviting storefronts, public plazas, green spaces, and
other gathering spaces for public interaction:
• Provide architecturally interesting detailing on ground
level/first floor with elements such as canopies, overhangs,
and sloped roofs.
• Provide welt -lit, pleasant pedestrian access from parking
structures to the public street and buildings.
• Encourage retail and restaurant uses on ground levels with
offices, lodging, and residential above.
• Develop joint pri'vate/public structured parking facilities.
Town of Avon Comprehensive Plan
Page 16
Town District Planning Principles
Merlium Priority Distnct�
_ �Roundabout
.......`fit_
District 8: Village at Avon East District
The Village at Avon East District is the region's commercial
center. It is intended to provide the Village at Avon West District
a residential medium density neighborhood with supporting
commercial development, neighborhood -oriented commercial
with supporting educational, recreational and service oriented
uses just west of Post Boulevard, and regional commercial uses
associated with the 1-70 and Post Boulevard interchange. The
site is characterized by gently sloping topography along the
valley floor with steeper slopes rising up to I-70
Planning Principles:
• Create a unified and cohesive physical framework and
community image (compatible building orientation, scale,
massing, street alignments, streetscape furnishings, signage,
lighting, etc.) between the Village at Avon and the Town.
• Site buildings of various sizes (but smaller than those found
in the West Town Center District) to maximize sun
exposure, protect views, and break up building bulk
• Create a strong overall pedestrian -orientation with tree lined
streets and walking paths.
• Screen large regional commercial uses from I-70 with trees
and berms.
Town of Avon Comprehensive Plan
Page 17
Town District Planning Principles
Medium Priority Districts
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District 9: Village at Avon North Gateway District
The Village at Avon North Gateway District is a high-quality
residential neighborhood. It is intended to provide for residential
development and a large community park. A new northern
frontage road being developed through this district will provide
an important east -west connector on the north side of 1-70
linking Post Boulevard and Avon Rbad. The district is highly
visible from 1-70 and thus presents a strong influence on Avon's
identity. It is essential that the currently planned uses of this
region not be altered and that the commercial uses -by -right of
RMF -1 be strictly interpreted to those that are supportive of and
justified by the needs of that community. Uses that require 1-70
traffic to be financially viable are not contemplated by the
allowed uses and will not be appropriate for the site.
Additionally, the area will serve as the gateway to the Village at
Avon Residential Northern Residential District. The existing
Buffalo Ridge residential development is relatively isolated from
other community commercial and service areas. The elevated
topography on either side of 1-70 offers the possibility to
construct a pedestrian overpass that would directly link this area
with the Village at Avon East and West Districts.
Planning Principles:
• Construct a pedestrian bridge over I-70 linking the Buffalo
Ridge residential development to the Village at Avon East
and West Districts.
Town of Avon Comprehensive Plan
Page 18
Town District Planning Princlples
Medium Priority Dv>tnct�
• Site buildings to maximize sun exposure, protect views, and
break up building bulk.
• Provide east -west pedestrian and bicycle routes.
• Encourage additional informal landscaping of properties to
soften the visual impact of the large structures.
• Protect view corridors, ridgelines, and steep slopes from
development.
Town of Avon Comprehensive Plan
Page 19
Town District Planning Principles
Medium Priority Districts
El st a Logo
District 10: Village at Avon District "M"
The Village at Avon District "M" is the Town's eastern gateway.
It is currently zoned for regionally oriented commercial,
residential, and service oriented uses and activities. The area is
relatively flat located at the base of steeply sloping hillsides.
There is limited access to the site, which has an impact on the
type and intensity of development on the site.
Planning Principles:
• Develop per approved Village.at Avon PUD as regional
commercial medium/high density residential and a
community park.
• Explore ways of preserving all or part of the site for open
space or park.
• Consider the prominent view of the site from I-70 when
developing and ensure that the site represents a suitable
gateway to the Town.
• Site buildings to maximize sun exposure, protect views, and
break up building bulk.
• Identify and preserve significant cultural/heritage resources
present on site.
• Maximize orientation to the river to provide connections and
a potential riverfront park.
Town of Avon Comprehensive Plan
Page 20
Town District Planning Principles
Medium Priority District:
..__ .�-------- ---- Screening
'I Steep Slopes
!• Vehicular and Pedestrian Crossing
` . �� .Potential I.70 Underpass
• ...�"^" ODy�m ria to wk.
District 11: Metcalf Road District
The Metcalf Road District is the Town's industrial center. It
provides light industrial and commercial service uses as well as
accessory residential development until which time there is a
new industrial district developed with better access and space
that is more flexible. Existing light industrial uses on
Nottingham and Metcalf Roads are intensely developed, with
large buildings on small sites; generally with insufficient
landscaping; unscreened parking, storage, and trash containers.
The area's high visibility from 1-70 makes it important to the
Town's image. Concerns over traffic safety issues as well as the
area's generally poor aesthetic characteristics are perceived as
negatively impacting the image of the Wildridge and Mountain
Star residential developments located behind this area. Yet, it is
also recognized that these businesses provide a critical
component to Avon's overall economic health and sustainability.
Opportunities should be encouraged to develop livetwork
developments that allow for light manufacture/industrial uses
that do not possess significant conflicts with other surrounding
land uses.
Town of Avon Comprehensive Plan
Page 21
•♦
1
` . �� .Potential I.70 Underpass
• ...�"^" ODy�m ria to wk.
District 11: Metcalf Road District
The Metcalf Road District is the Town's industrial center. It
provides light industrial and commercial service uses as well as
accessory residential development until which time there is a
new industrial district developed with better access and space
that is more flexible. Existing light industrial uses on
Nottingham and Metcalf Roads are intensely developed, with
large buildings on small sites; generally with insufficient
landscaping; unscreened parking, storage, and trash containers.
The area's high visibility from 1-70 makes it important to the
Town's image. Concerns over traffic safety issues as well as the
area's generally poor aesthetic characteristics are perceived as
negatively impacting the image of the Wildridge and Mountain
Star residential developments located behind this area. Yet, it is
also recognized that these businesses provide a critical
component to Avon's overall economic health and sustainability.
Opportunities should be encouraged to develop livetwork
developments that allow for light manufacture/industrial uses
that do not possess significant conflicts with other surrounding
land uses.
Town of Avon Comprehensive Plan
Page 21
Town District Planning Principles
Medium Priority Districts
Planning Principles:
• Accommodate limitedlaccessory residential development
that supports primary industrialtemployment land uses.
Develop a pedestrian or possibly an auto underpass under I-
70 to link this area to West Beaver Creek Boulevard.
• Coordinate with CDOT to introduce trees on uphill slopes in
the I-70 right-of-way and along Metcalf Road to partially
screen buildings and other accessory uses.
91 Encourage new development that minimizes significant re-
grading, and provides for proper on-site parking and
circulation..
• Require new development and encourage existing
development to add architectural or landscape screening of
storage areas, HVAC equipment, loading docks, and trash
containers:
• Site buildings to maximize sun exposure, protect views, and
break up building bulk.
• Add traffic lanes on Metcalf Road to accommodate truck
traffic.
Town of Avon Comprehensive Plan
Page 22
Town District Planning Principles
Mediurn Priority Districts]
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District 12: Railroad Corridor
The railroad corridor runs the length of Avon from east to west
along the Eagle River and is the Town's greatest transit
opportunity. Currently the railroad is not being used for rail
traffic leaving the corridor effectively vacant. Regional
transportation agencies/coalitions have made efforts to acquire
the right-of-way in whole or in part in order to develop a
regional transit and/or trails system, though the right-of-way's
final disposition remains unknown. The -I-70 Programmatic
Environmental Impact Statement and the Intermountain
Connection Capital Investment Plan both indicate the corridor
has merit as a mass transit and trail corridor. Nevertheless, the
right-of-way corridor represents an important opportunity for
Avon and its preservation and enhancement is recommended.
The presence of the railroad tracks through town creates a
substantial north -south barrier through much of Avon. The Town
has been successful in securing rights to construct an at -grade
crossing for West Beaver Creek Boulevard, and recent approvals
in other nearby locations for additional crossings seem to
indicate an increased willingness on the part of the railroad
company to allow such crossings. The mil corridor should be
visually integrated into the Town. It should be considered a
transportation corridor that is an integral component of Avon's
overall structure and character.
Planning Principles:
• Ensure that the railroad right-of-way is preserved for future
transit, trail or other transportation related potentials.
Town of Avon Comprehensive Plan
Page 23
Town District Planning Principles
Modium Priority Districts
Develop additional at -grade and above grade crossing to
better connect the Confluence River Front area and the
Nottingham Station commercial area to the Town Core's
mixed-use lodging and commercial areas.
• Require railroad corridor to,be mowed and sprayed for
weeds to improve appearance and prevent the spread of
noxious wecds:
Town of Avon Comprehensive Plan
Page 24
Town District Planning Principles
Medium Priority Districts
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Town of Avon Comprehensive Plan
Page 25
Town District Planning Principles
medium Priority Districts
❑ St"PSIOP"
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District 12,13, and 14: USFS Parcels
Three parcels owned by the USFS are the Town's key open
space. Although outside the Town boundary, these parcels are
important to maintaining the desired character of Avon and to
directing development to be consistent to the overall land use
plan. The parcels meet USFS criteria for exchange to eliminate
irregular boundaries or awkward configurations. Loss of any of
these parcels to private ownership and development would
eliminate valuable visual and physical buffers between and
among developed areas of Town and would deprive our citizens
of prized open space and natural habitats.
Planning Principles:
• Maintain these districts as open space with continuing USFS
ownership by collaborating with the Agency to improve
utilize and maintain them as low -impact public accessible
regions.
• Use these partnerships to establish the public's values and
desires with the USFS so that land swaps are unlikely to
occur without Town concurrence.
• Pursue Town acquisition of these parcels for dedicated open
space by working with the local and national land
conservation organizations.
• Vigorously oppose any and all other possible dispositions of
the parcels by the USFS.
Town of Avon Comprehensive Plan
Page 26
Creekside Mountain Resorts
Finish Index
Exterior Building Materials
Exterior Siding #1: Board & Batten
Certainteed Weatherboards Fiber Cement Siding
Color: Maple
Exterior Siding #2 Lap Siding
Certainteed Weatherboards Fiber Cement Siding
Color: Maple
Colored Metal Clad
Windows: Marvin Windows
Color: Medium Bronze — Standard
Exterior Wood Trim Stain: Sherwin Williams Woodscapes Semi -Transparent Stain
Color: SW 3505 Yankee Barn
Stone: The Gallegos Corporation
Color: #25 Colorado Buff Stained Strip
Exterior Lighting Fixtures: A. Balcony Sconce: Arroyo Craftsman Berkeley
Model #BB-7GW-VP
B. Entry & Door Sconce: Louis Poulsen — Nyhavn Wall
Finish: Copper Brushed
C. Lamp Post: Louis Poulsen — Nyhavn Post Poles
Triangular
Roofing: Owens Corning: Architectural Series
Oakridge 30 Shadow Shingles
Color: Driftwood
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To:
From:
Planning and Zoning Commission
Eric Heidemann, Senior Planner
Data June 290, 2005
AVON
C O L O R A D O
Re: Lot 44, Block 2, Wildridge Subdivision — Dry Creek PUD Amendment
Summary:
On June 21", 2005, the Planning and Zoning Commission tabled this request and directed the
applicant to address the following issue: (1) fire access requirements; (2) maximum home size; (3)
minimum parking requirements; and (4) adjustment of the southern lot line for lot 3. The applicant
has submitted a memo'addressing these concerns that includes widening the driveway to 20',
reducing the maximum home size from 5,000 sq.ft. to 4,500 sq.ft for lot 3, and 4,000 sq.ft for lots 1
and 2. The applicant also proposes a minimum of 4 parking spaces for each residence. With
respect to the adjustment of lot lines, the applicant maintains that careful consideration has been
given in the development of the site plan and the current lot configuration is best suited for the site.
Background:
Blue Bird Meadows, LLC is proposing an amendment to Lot 44, Block 2 of the Wildridge PUD to
create 3 single-family residences. The subject property is currently zoned to allow a total of four (4)
dwelling units (one fourplex building). The new lots would be accessed off Old Trail Road via a
shared common access easement located on Lot 45. Please refer to the staff report dated June 10"'
for specific information about the proposal. ''✓`
Staff Recommendation
The applicant appears to have satisfactorily addressed the design related issues expressed by
the Commission. However, staff maintains that this proposal undermines the intent and
purpose of the Housing Element of the Comprehensive Plan by not maintaining the diversity
and mix of residential housing options for residence within the Wildridge Subdivision.
Furthermore, it is unclear to staff what significance or relationship the proposed reduction of
square400tage for each Lot in the PUD has done to address the concerns of the Commission.
The proposal provides the applicant with a significant financial benefit without addressing
specific houslrig;goals or reviewing the most recent housing study information available from
Eagle County to evidence_that the proposed square footages attempt to meet specific attainable
housing standards and/or support -the general housing policies outlined in the staff report.
Staff is therefore maintaining its position relative to the issue of attainable housing diversity and
mix in types of housing options for residence in Wildridge. Please refer to the previous staff for
specific information and the approval criteria.
Attachments:
A. Letter from applicant dated July 5", 2005
B. PUD Amendment Report to the Planning & Zoning Commission - dated June 10h, 2005.
Memo to Planning and Zoning Commi
Lot 12, Block 2, Benchmark at Beaver
June 2?. 2005
Subdivision Final Design
Page 1 of
t
MEMORANDUM RECEIVED
JJA 2 8 2005
To: Town of Avon Planning & Zoning Commission Community Development
From: Blue Bird Meadows, L.L.C.
Date: July 5, 2005
Re: Dry Creek PUD Amendment/Response to Planning & Zoning Commission
Comments of June 21, 2005
Introduction
The purpose of this memorandum is to provide a written response to the Planning &
Zoning Commission comments shared at the June 21, 2005, public hearing of the Town
of Avon Planning & Zoning Commission.
Applicant's Response
On June 21, 2005, the applicant, Blue Bird Meadows L.L.C., appeared before the Town
of Avon Planning & Zoning Commission for a public hearing on three development
applications. The purpose of the applications is to amend the Wildridge PUD to allow for
the creation of three single family home sites, to create a preliminary plan for the
subdivision of Lot 44, and to allow for a subdivision variance from the minimum street
frontage requirements.
Upon review of the applications, the Planning & Zoning Commission tabled their final
determination on the recommendation to the Avon Town Council to allow the applicant
the opportunity to address the following four issues:
1. Maximum Home Sizes
The applicant was previously proposing a maximum allowable building area
per lot of 5,000 square feet. Based upon existing zoning, nearly 35,000 square
of building area could be constructed on the site today. While it is very
unlikely that 35,000 square foot of building area would ever be constructed, it
is what is presently allowed by zoning. That said, the applicant has
considered the input provided by the Planning & Zoning Commission on June
21' and is proposing to further reduce the maximum allowable building area
from 5,000 square feet per lot to 4,500 square feet for Lot 3 and 4,000 square
feet for Lots I & 2, respectively. Therefore, the total maximum allowable
building area square footage is being reduced by over 20,000 square feet.
2. Minimum/Maximum Parking Requirements
According to the Town of Avon Municipal Code, a minimum of three vehicle
1
Dry Creek PUD amendment July 5, 2005
F � l
parking spaces shall be provided for single family residences over 2,500
square feet in size. With that in mind, the applicant is proposing to construct a
minimum of four vehicle parking spaces per residence. Of the four spaces,
two shall be located within an enclosed garage with the other two spaces
located outside the structure. If determined possible given the maximum site
coverage and minimum landscape area requirements, the applicant will likely
construct three car garages with each of the future residences. The applicant
believes that the proposal meets and exceeds the town's parking requirements
for residential development.
3. Location of the Common Lot Line between Lots 2 & 3
The proposed lot line locations shown on the preliminary plat are based upon
several factors: 1) lot size, 2) topography, 3) driveway access and grades, 4)
separation between uses, and 5) location of existing improvements on
adjoining lots. With each of these factors in mind, the applicant, along with
the consulting team members (architect, surveyor; engineers, etc.), carefully
thought out the proposed preliminary plat. In the end, the applicant believes
that the lot lines are properly located given the factors previously described.
As proposed, the lot configuration provides for three lots roughly the same
size, ensures adequate separation between existing and proposed uses, is
response to the topographic conditions of the lots, and minimizes the negative
affects of site grading and vehicle access to the home sites. To further
illustrate potential future conditions on the site, on Saturday, July 2nd the
centerline of the driveway access and the proposed building footprint
locations will be staked'and then photographed for the Commission's review.
4. Emergency Vehicle Access
The emergency vehicle access to both Lot 44 and Lot 45 has been revised
based upon input from officials at the Eagle River Fire Protection District: As
requested, the 190 foot long, common portion of the private drive on Lot 45
has been widened to provide a minimum of 20 feet of asphalt. According to
District officials, the presence of the day care operation on Lot 45 causes a
"commercial standard" to be applied to the site versus a "residential
standard'. In addition, an emergency vehicle turnaround has been provided at
the point of the common drive where the individual access to Lot 44 splits
from the common driveway. While further refinements to the drawings may
be necessary, it is clearly evident based upon communications with District
officials and design work completed by the consulting engineers that an
emergency vehicle turnaround can be accommodated on the site.
2
Dry Creek PUD amendment July 5, 2005
Summary
We are hopeful that we have addressed the four remaining issues identified by the
Commissioners at the June 21"` public hearing. We appreciate the support generally
provided by the Commission at the previous public hearing. It has been the goal of the
applicant and the consulting team to work cooperatively with everyone involved to
ensure the most successful outcome to this project as possible.
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Staff Report 1
PUD Amendment. AVON
C O L O R A D O
June 21, 2005 Planning & Zoning Commission meeting
Report date June 10, 2005
Project type AMENDMENT to the WILDRIDGE PUD
Legal description Lot 44, Block 2, Wildridge Subdivision
Current zoning PUD (4 units - Four-plex)
Address 2510 Old Trail Road
Introduction
Blue Bird Meadows, LLC is proposing an amendment to Lot 44, Block 2 of the Wildridge PUD to
create 3 single-family residences. The subject property is currently zoned to allow a total of four
(4) dwelling units (one fourplex building). The new lots would be accessed off Old Trail Road
via a shared common access easement located on Lot 45. The details of the proposed access,
site design, and compatibility with adjacent land uses are discussed later in the report. It Is also
important to note that the PUD application is being reviewed in conjunction with a preliminary
subdivision plan, and a subdivision variance application.
The proposed PUD amendment would change the existing access conditions, increase the
minimum landscaping requirement from 25% - 35%, reduce the overall density by one dwelling
unit, and decrease the maximum lot coverage from 50% - 40%. Some of the features of the
amendment include:
• Proposed: Lot #1 — 29,098 square feet, Lot #2 — 20,560 square feet, Lot 3 — 19,384
square feet.
• 5,000 square feet of building area per lot (15,000 aggregate) illustrated building
footprints of approximately 2,400 square feet.
• Maximum 40% building lot coverage (for example Lot 1 - 29,098 @40% = 11,639)
• Setback 25' front, 7.5' side, 10' rear
• Lots 1,2, and 3 accessed by common access easement on lot 45.
Staff Recommendation:
Staff recommends DENIAL of the proposed PUD amendment, subdivision variance application,
and the preliminary plan for the following reasons: (1) the application fails to meet or advance
land use and housing goals/policies (Policy A1.5, C1, C1.4 of the 1996 Comp Plan) relative to
establishing or maintaining an appropriate mix of dwelling unit types for both lower and middle-
income seasonal and year-round residents and their families; (2) the proposed development
may be compatible in design, scale, and use with the types housing in the area, however a
multi -family building would also be compatible with multifamily developments in the area,
particularly the enclave of multi -family developments along Draw Spur; (3) although the
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 44, Block 2, Wildridge Subdivision, PUD Amendment
June 21, 2005 Planning &c Zoning Commission meeting Page 2 of 8
applicant proposes to reduce the allowable lot coverage by 10%, the extent of total site
disturbance for 3 single-family residences may exceed the extend of total site disturbance of a ?
clustered fourplex development; (4) the use of the proposed shared access between Lots 1-3
may be problematic when compounded with traffic generated from the duplex and single-family
residence that currently operates a home occupation (child daycare facility); and (5) based on
the memo from Carol Gill-Mulson, Deputy Chief ERFPD dated June 15, 2005, the design of the
shared access easement lacks sufficient emergency service provisions such as adequate
turning movements (see attached memo).
Housing Policy.
According to the purpose statement of the Housing Element of the 1996 Comprehensive Plan,
.as the community grows, demand for housing of all types is increasing. While there is an ample
supply of housing for second homeowners and upper income residents, there is a shortage of
housing for lower and middle-income seasonal and year-round residents and their families."
The following goals and policies are intended to help meet the variety of housing needs: provide
for affordable housing for permanent and seasonal residents that is attractive, safe and
integrated with the community; and there shall -also be an appropriate mix of dwelling unit types
for both residents and tourists. It is debatable whether a multi -family development directly
correlates into "affordable or attainable housing" for this segment of the population. However, a
multifamily project, in general, provides greater housing opportunities for lower and middle-
income residents and their families.
Despite these objectives, it appears that the balance or mix of dwelling types in Wildridge has
slightly changed as a result of market demand for single-family residences. This is evident with
the approvals of several PUD amendments (down zonings) that have occurred over the last
several years. The most notable are the originally platted lots 43-46, Block 2 (4 units each) that
were approved as a PUD amendment, particularly on the adjacent property (Lot 45). While
there may be less market demand currently for multifamily housing development, the long term
demand for housing types may shift, leading to a broader public policy issue and need .for a
formal housing strategy.
Compatibility with Surrounding Land Use:
The adjacent land uses include Wildridge Road to the north, Tract F (5.15 acres of Open Space)
to the east, single family to the south, and single family/duplex to the west. The property to the
west also includes an approved daycare with a maximum of 6 children allowed at one time
(including the 2 children of the applicant's). The operating hours are from 8:00am to 5:30pm
Monday through Saturday. The drop-off of children is intended to be staggered.
The application states that one of the positive impacts of approval will include "... maintaining
and enhancing the existing residential quality, character, design, and scale of the
neighborhood." Staff agrees with this statement, but must point out that a multifamily
development would also be compatible with several nearby developments. The following multi-
family developments are within close proximity (Draw Spur Road) of the proposed amendment:
Villamonte Fourplex, Romanin Triplex, Draw Spur Townhomes, Sage Villas, Wintergreen
Townhomes, Mountain View Townhomes, Coyote Creek Townhomes, Buffalo Head
Townhomes, Elk Run, Eagle Ridge Townhomes, Sunset Townhomes, Orchard Townhomes
Town of Avon Community Development (970) 748.4030 Fax (970) 949.5749
T Lot 44. Block 2, Wildridge Subdivision, PUD Amendment Page 3 of 8
June 21, 2005 Planning & Zoning Commission meeting
The following is a zoning summary for Wildridge Blocks 1 and 2:
e.-.-i.._r.....u., nuntwY Multi-Famliv
current toning;�•
Total Lots Block 1
� -- -
27 47
21
Lots Block 2
26 24
4
77�dTotal
Site Design:
The site contains moderate topographic conditions with a gradual upward slope from Old Trail
Road. There are two relatively small areas (a portion of Lot 1 and Lot 3) of slopes 40% or
greater. The applicant has provided a survey depicting these areas (see attached).
The site design features a shared access easement partially located on Lot 45. This would
require widening the existing drive for Lot 45 from 12' to 16' and adding a 1' gravel shoulder.
The first 190' would be located on Lot 45; from there the access easement would traverse
across the subject property splitting proposed Lots 1 and 2 and terminating at Lot 3. A draft
copy of the shared access agreement between the property owners of Lot 44 and 45 is included
in the packet.
Due to the nature of the shared access, careful consideration should be given to provisions for
emergency services and the impact of not only the average daily trips (ADT) generated from the
proposed 3 single-family units, but also the ADT generated form the duplex and single-family
residence located on Lot 45. According to the data provided by the applicant, each single-family
residence generates 6 ADT. Therefore, the aggregate ADT for both Lot 44 and 45 would be 36
ADT on the proposed private drive (excluding the ADT generating from existing day care). A
t memo provided by Carol Gill-Mulson, Deputy Chief of ERFPD also points to the lack of design
consideration relative to emergency service and recommends that the site plan demonstrate
sufficient vehicle access and turning movements based on their turning radius analysis.
The application also states that the minimum setbacks are 25' — front, 7.5' — side, and 10' —
rear. However, this is inconsistent with the setbacks illustrated on the preliminary plan. The
applicant has since clarified that the minimum 25' front setback would only apply to Lot 1. The
Commission discussion should include whether the minimum 25' setback for Lot 1 satisfactorily
addresses appropriate building separation for Lots 1-3.
The building footprints depicted on the preliminary plan are for illustrative purposes only. Staff
has asked the applicant to provide building envelopes describing the location of all possible
building and accessory use disturbance. The applicant's preference was not to provide building
envelopes, instead preferred to demonstrate potential building footprints. The rationale behind
this request was to analyze the impact of a "clustered" development (fourplex) compared to
single-family detached development. Although the applicant's proposal includes reducing the
maximum lot coverage by 10%, the location and extent of that disturbance is important to
understand. It appears that there may be a greater opportunity for larger contiguous areas of
non -developable or undisturbed areas with the fourplex development compared to 3 detached
single-family units.
Background & Discussion
Benchmark Properties created Wildridge Subdivision in 1979 shortly after the incorporation of
the Town of Avon on February 28, 1978. According to the Wildridge Final Plat application for
Wildridge and Wildwood Subdivisions, the overall development concept was for "abundant open
Town of Avon Community Development (970) 748 4030 Fax (970) 949-5749
Lot 44, Block 2, Wildrit .subdivision, PUD Amendment
June 21, 2005 Planning & Zoning Commission meeting' Page 4 of 8 r
space recreation areas around lots' with a density of "barely one dwelling unit per acre". The
land was identified with no particular hazards for development except in areas with slopes of
40%. The development plan recognized that lot sizes are a function of land slope, buildable
area and road access: smaller lots are concentrated on lesser slopes with easy access and
larger lots are on steeper slopes where buildable area and access are more restricted.
In 1981, the Wildridge Subdivision was completely replatted with *a total of 849 planned
development units and is the foundation of the current zoning in Wildridge. Over the years,
there have been several PUD Amendments and transferring of development rights.
Recently, there have been several PUD Amendments in Wildridge Block 2 wherein
development rights have altered and replatted - the most recent of those include: Lot 10111,
Block 2, WR; and Lot 43, Block 2, WR.
PUD Design Criteria
According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as
the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate
that submittal material and the proposed development plan comply with each of the following
design criteria, or demonstrate that one or more of them is not applicable, or that a particular
development solution is consistent with the public interest. It is important to note that this
application was received prior to the adoption of the effective date of the Public Benefit Criteria
for PUD amendments (Ordinance 05-03, May 20'h-2005).
1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives.
The fundamental reason for having a Comprehensive Plan is to generally communicate
where and how land uses may and will occur in the Town. The land use plan is based upon
these goals and polices. Implementation is through annexation, subdivision and zoning
regulations.
This proposed PUD Amendment satisfactorily complies with some of the policies, but fails
compliance with the following goals and polices of the Town Comprehensive Plan:
Policy A1.1 Development and redevelopment will be of a scale and -intensity
appropriate for the neighborhood In which It is located.
The current Wildridge subdivision did not contemplate development of
single-family dwelling units on the subject property. In fact, the original
Wildridge subdivision appears to have specifically created larger lots on
steeper slopes, because the buildable area and access was identified as
being more restrictive. The subject property has approximately 35' of
roadway frontage that is insufficient to accommodate the creation of 3
single-family lots.
Policy A1.3 Flexible zoning such as PUD should be encouraged where it results
In more effective use of land. However, such flexible zoning will
only be allowed where It provides a benefit to the community and is
compatible with surrounding development. Variations from
standard zoning must be clearly demonstrated, and will be permitted
only as needed to achieve effective development.
The applicant states that the proposal would be beneficial to the
community and compatible with the surrounding development. The
Town of Avon Community Development (970) 748.4030 Fax (970) 949.5749
Lot 44. Block 2. Wildridge Subdivision, PUD Amendment
June 21, 2005 Planning & Zoning Commission meeting Page 5 of 8
proposal calls for a reduction in density (25%), reduction in the number of
Vehicle access points, additional landscaping requirements, and a 40%
maximum site coverage. Staff agrees that some of the proposed
standards (landscaping and lot coverage) would enhance the overall
design of the project. However, staff maintains that the overriding concern
with this application is with the reduction in density and the maintenance
of mixed dwelling types, which was the basis for the zoning of the
Wildrige PUD.
Policy A1.6 Land for open space should be preserved throughout the
community, particularly on steep slopes and other environmentally
sensitive areas.
The Wildridge PUD created a residential subdivision that focused on the
preservation of open space, and avoidance of development on steep
slopes and natural drainage patterns. Tract "F" is a 5 -acre parcel of
natural open space located immediately to the east of the subject
property. By maintaining the existing development rights and developing
one single structure, there is a greater opportunity to create larger
contiguous areas of undisturbed natural area adjacent to this tract with
the potential of enhancing the existing open space area.
Policy A3.7 Steep slopes in and around the community should be designated
and preserved as open space wherever possible.
A portion of the subject property contains slopes in excess of 30 - 40%.
Of particular concern are the 40% slopes located along the border of the
building envelop depicted on Lot 3. Careful design consideration will
have to be demonstrated in order. to construct the size of home proposed.
Goal C1 Provide for diverse, quality housing to serve all economic segments
and age groups of the population.
The application contends that it will provide a single-family residential
development that will maintain and enhance the character of the
surrounding neighborhood. It appears that the application emphasizes
compatibility issues and fails to address the broader issue of providing
diverse mix of dwelling types that serve all segments and age groups of
the population. Furthermore, the application fails to offer or provide any
assurances or guarantee that the single family homes provided will meet
the stated goal of providing "for middle income and year-round residents"
Without any assurances or price guarantees, staff would consider the
construction of multifamily to more adequately meet these needs in
Wildridge.
Policy C1.1 Maintain and enhance the character of the residential
neighborhoods of the Town.
Because of the diversity of housing types within the immediate area, both
the proposed single-family and multifamily developments would be
compatible with the character of the surrounding neighborhood.
2. Conformity and compliance with the overall design theme of the town, the sub -area
design recommendations and design guidelines of the Town.
of Avon Community Development (970) 748.4030 Fax (970) 949-5749
Lot 44. Block 2, Wildridge Subdivision, PUD Amendment
June 31, 3005 Planning & Zoning Commission meeting Page 6 of 8
The application may meet the design guidelines of the Town, however, on the roadway
cross-sections, it appears as if the driveway has a negative superelevation value at the
horizontal curves shown in Section A and Section B. A supplemental plan correcting the
driveway cross-section and including a centerline profile and curve data of the proposed
driveway would be required per Avon Municipal Code Section 16.20.180 (3).
3. Design compatibility with the Immediate environment, neighborhood, and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character, and orientation.
Though there may be merit in the application of single-family homes in this block of
Wildridge in place of multifamily dwellings, the requisite changes to traffic patterns, bulk and
massing, existing buffer zones, and character of the area are not positively affected.
4. Uses, activity, and density provide a compatible, efficient, and workable relationship
with surrounding uses and activity.
As noted previously, the function of the proposed shared access relative to the
anticipated ADT may create access and circulation problems for future residents of these
properties if approved as submitted.
5. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD Is proposed.
The application does not appear to negatively affect a known geologic hazard (no
documentation has been provided)
6. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
The site plan and location of buildings appears to be far less responsive to natural
features of the existing topography than a single fourplex structure per existing PUD.:
7. A circulation system designed for both vehicles and pedestrians addressing on and
off site traffic circulation that Is compatible with the Town Transportation Plan.
Please refer to previous transportation comments.
8. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
The landscaping will be reviewed through the design process should the • PUD be
approved, but it appears as though it can be designed to preserve the views and function of
the subdivision as proposed. However, single-family units would likely increase site grading
and disturbance resulting in less natural area.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and
efficient relationship throughout the development of the PUD. The phasing plan shall
clearly demonstrate that each phase can be workable, functional and efficient without
relying upon completion of future project phases.
The PUD amendment application is predicated on approval of a preliminary subdivision
plan and subdivision variance application, which has been submitted in conjunction with the
application for review by Town Council. Staff has recommended denial of the variance
application because the rationale for the request fails to meet the hardship guidelines
necessary to recommend approval.
Town of Avon Community Development (970) 748.4030 Fax (970) 949.5749
Lot dot, Block 2, Wildridge Subdivision, PUD Amendment
June 21, ?005 Planning & Zoning Commission meeting Page 7 of 8
10. Adequacy of public services such as sewer, water,, schools, transportation systems,
roads, parks, and police and fire protection.
With the exception of inadequate design of the shared access relative to fire protection
considerations, adequate facilities are available to service the proposal and the applicant is
requesting no extension to municipal services.
11. That the existing streets and roads are suitable and adequate to carry anticipated
traffic within the proposed PUD and in the vicinity of the proposed PUD.
The proposal appears to comply with capacities originally contemplated in the first
Wildridge PUD approval. However, the shared private drive appears to be inadequate given
the existing and proposed uses of. both Lot 44 and 45.
12. Development Standards
As noted previously, development standards have been submitted for the PUD amendment
and summarized within the report.
Subdivision Variance Criteria:
The variance requested is from Section 16.040.330 which states that "each lot shall have
frontage width on a dedicated street of no less than twenty five feet." As proposed Lots 2 and 3
do not have street frontage onto Old Trail Road.
(a) Upon application by a subdivider, the Town Council may, at its discretion, grant
variances from some or any requirements of the subdivision regulations based upon the
following criteria:
(1) Whether a strict, literal application of these subdivision regulations would result in
an undue hardship to the subdivider due to the purpose, size, shape location and
character of the proposed subdivision;
Staff considers this request to be a self-imposed hardship and fails to meet the
hardship guidelines necessary to recommend approval. Although the lot contains
only 35' of frontage onto a dedicated right-of-way, the width provided
accommodates a multifamily lot, which was the intended use when the
subdivision was platted.
2) Whether the provisions of the regulations from which relief is requested are not
materially important, in a planning sense, to the orderly controlled development
of the tract in question;
Although the site design contains alternative access to accommodate ingress
and egress for Lot 2 and 3, the use of the shared access may be problematic for
reasons previously discussed. Therefore, the provision for which the applicant is
seeking relief is materially important in a planning sense in order to the orderly
controlled development of the tract in question
3) Whether the granting of the request might adversely affect the use of the land in
the immediate area of the tract in question.
As proposed, the development might adversely affect the use of the adjacent
property given the shared access with the adjacent property.
Town of Avon Community Development (970) 748-4030 Fax (970) 949.5749
Lot 44, Block 2. Wildridge Subdivision, PUD Amendment
June 21. 2005 Planning & Zoning Commission meeting Page 3 of 8
Recommended Motlon
" I move to approve Resolution 04-17, recommending to the Town Council to deny the Dry
Creek PUD, subdivision variance application and preliminary plan for Lot 44, Block 2, Wildridge
Subdivision, Town of Avon, Eagle County, Colorado, as more specifically described in the
application dated April 29'h, 2005.'
If you have any questions regarding this project or any planning matter, please call me at 748-
4009, or stop by the Community Development Department.
Respectfully submitted,
ncc aid mann, AICP .
Senior Planner
Report Attachments:
A. PUD Application dated April 29, 2005
B. PUD Development Plans for "Dry Creek PUD" dated April 29, 2005
C. Variance Application
D. Preliminary Plan
E. Memo from Carol Gill-Mulson, Deputy Chief ERFPD dated June 15, 2005.
F. Maps, Photos
G. Resolution 05-07
Fax (870) 949.5749
Town of Avon Community Development (970) 7484030
CONTENTS
SECTIONS:
I. Introduction
II. Development Applications
III. PUD Amendment Review Criteria
IV. Subdivision Preliminary Plat
V. Subdivision Variance Review Criteria
VI. Reduced Plans
Dry Creek PUD Amendment May 1, 2005
I.
The applicant, Blue Bird Meadows, L.L.C., is proposing an amendment to the
Wildridge Planned Unit Development (PUD) for the residential property located
at 2150 Old Trail, which according to the Town of Avon, is legally described as
Lot 44, Block 2, Wildridge Subdivision. According to the Wildridge PUD, the
residential property is currently zoned for one four-plex for a total of four (4)
multiple -family dwelling units.
The proposed amendment will have a significant positive impact on the
neighborhood surrounding the development site by;
• down -zoning the properties and .permanently reducing the residential
density in the neighborhood,
• eliminating a street curb -cut and approximately 3,000 square feet of paved
driveway surface,
• providing additional landscape buffer areas between adjoining properties
that would otherwise not exist,
• pieserving existing views from adjacent properties and increasing the
amount of open space in the neighborhood, and;
• maintaining and enhancing the existing residential quality, character,
design, and scale of the neighborhood.
Of greatest importance, however, through the approval of the PUD amendment,
the goals and policy objectives, as outlined in the Town of Avon Comprehensive
Plan, will be achieved to the benefit of the community.
The specific amendment includes re -subdividing Lot 44 and creating three (3)
new single-family residential lots. The new residential lots will each be
approximately one-half acre in size. Future development of single-family
residences will be restricted to a maximum of 5,000 square feet of building area
with a minimum landscape area requirement of 35% of the total lot area and
maximum building lot coverage allowance of 40%. These development standards
are more stringent than existing allowances, and as such, ensure the least amount
of impact to the existing natural landfomts and vegetation of the site.
The new single-family residences will be developed in the traditional -style of
mountain architecture. The new homes will be complimented with a mixture of
stone, wood siding, and stucco in natural or earth tone colors, sloping roofs with
gable ends, dormers, and deep eaves and overhangs, exposed beams, and subtle
outdoor lighting. Two and three car garages will be carefully located on each of
the lots to minimize the unintended consequences of providing vehicular access to
the home sites.
Dry Creek PUD Amendment May 1, 2005
The key elements of the amendment include:
• Compliance with the goals and policies as defined in the Town of Avon
Comprehensive Plan
•' A permanent 25% reduction in residential density as a result of the down -
zoning
• Preservation of the existing residential scale and design of the
neighborhood
• Elimination of nearly 3,000 square of feet of paved driveway as a result
of the creation of the shared access
• Preservation of the existing residential character of the neighborhood.
2
Dry Creek PUD Amendment May 1, 2005
II. DEVELOPMENT APPLICATIONS
The applicant has submitted the following applications to the Town of Avon
Community Development Department for review and consideration:
• PUD Amendment Application
• Subdivision Preliminary Plat Application
• Subdivision Variance Application
t
Dry Creek PUD Amendment May 1, 2005
C O L O R A D O
PLANNED UNIT
DEVELOPMENT
Planned Unit Development Fees:
1 - 3 units residential $ 500,00
Any commercial, multi -family, or
mixed use development $1,000.00
Applicant: BLUE BIRD MEADOWS, L.L.C.
Mailing Address:6515 RAINBOW AVENUE CitYSHAWNEE MISSI&2te: RS Zip:66208
Phone #: (913) 236-6732 Fax #: (913) 722-4833 Cell #:
Owner of Property: mg_ Ron xvMau
Mailing Address: SAME City: State: Zip:_
Phone #: SAME Fax #:
Cell #:
Consultant: m7oRra RDTRF-R
Mailing Address:p.0. Bog 6516 City: VAIL State: CO Zip: 81658
Phone #: 970 748-9037 Fax #:
Lot: AA Block:_2 Subdivision: WILDRIDGE
❑ Metes and Bounds legal description is attached
Project Street Address: 2150 OLD TRAIL ROAD
Project Name: BLUE BIRD MEADOW SUBDIVISION
Current Zoning: FODR_pI.E1;
Cell #: 970 376-2675
I (we) represent that all information provided to the Town of Avon in connection with this application
as true and correct, that I (we) understand the Town of Avon regulations applicable to this project,
and understand that incomplete submittals will delay application review. Owner designates Appli-
cant as indicated to act as owner's representative in all application submittals related to this project.
Applicant: n1.mt B7Rn MFenovs_
(Print Name):
Date:
Owner: Rog RYMF.R j HRa1A4pL_
(Print Name): Qnw
Date: -131 2100.5
Community Development, P.O. Box 975 Avon, CO 81620 (970)748-4030 Fax (970)949-5749 (rev. 12/27101) Page I of 3
AVON
SUBDIVISION
Subdivision Fee: S
Applicant' BLUE BIRp MEApOAS L L C
Mailing Address:6515 RAINBOW AVENUE
City: SRAiaNEE MISS (Mate: KS Zip 6620
Phone #: (913) 236-6732 Fax #: (913) 722-4833 Cell M
Owner of Property: MR.ROB gyHE
hiailing Address: SAME City: State: Zip:
Phone #: SAME Fax #:
Cell #:
Lot: 44 Block: 2 Subdivision: WILDRIDCE
Project Street Address: 2150 OLD TRAIL ROAn
Project Name: BLUE BIRD MEAM SUBDIVISTON
*Note: If the parcel has not previously been platted, please attach on a separate sheet a
Meets & Bounds Description.
Type of Subdivision: ❑ Minor Subdivision ❑ Condominium Subdivision
❑ Duplex Subdivision 1l& Land Subdivision [DTimeshare Subdivision
Type of Plat Approval Being Requested: ❑ Amended Final Plat
❑ Sketch Plan iU Preliminary Plan ❑ Final Plat
*Note: All subdivslons other than Minor and Duplex Subdivisions are required to receive
Preliminary Plan approval prior to Final Plat.
I (we) represent that all information provided to the Town of Avon in connection with this application
as true and correct, that I (we) understand the Town of Avon regulations applicable to this project,
and understand that incomplete submittals will delay application review. Owner designates Appli-
cant as indicated to act as owner's representative in all application submittals related to this project.
Applicant:
(Print Name): BLUE BIRD MEADOWS, L.L.C.
Date:
Owner: ?A RAe!2.2
(Print Name):
Date: al 3l hos
Community Development, P.O. Box 975 Avon, CO 81620 (970)7484030 Fax (970)949-5749 (rev. 12/27/01)
Page 1 ort
Lot: 44 Block: 2 Subdivision: AILDRIDGE
Project Address: OLD TRAIL ROAD
Project Name: BLUE BIRD t4EAD0A SUBDIVISION Review Fee(s):
All Applications:
a Four (4) sets of 24" x 36" plans
Three (3) copies of the completed subdivision application form - submit separate
applications for preliminary and final plats
Fees
Condominiums and Duplex Subdivisions:
❑ Three (3) copies of any applicable Master Declarations, Condo Declarations or Party Wall
Agreements
Recording Requirements:
❑ Two sets of mylars and Master Declarations, Condo Declarations or PartyWall Agreements
which are fully executed and signed, including recording fees.
Additional Requirements:
Preliminary Plat Applications - 4 Units or more:
Q0 Master List of all property oymers within 300 feet with adequate legal descriptions
provided by a title company
7❑ Original Copy of Public Hearing Notice
3M Stamped and addressed envelopes for all propertyowners within 300 feet -metered
mail cannot be accepted
Reviewed by:
❑ Complete ❑ Incomplete Date:
This checklist is used to review subdivision applications for general completeness. We strongly
recommend that you contact the Community Development Department prior to submittal to
discuss specific submittal requirements for your project. Due to time constraints we can only
accept complete applications. Help us avoid delays by giving us clear, complete plans and
applications. If you have any questions, please call us at (970) 748-4030.
Community Development, P.O. Box 975 Avon, CO 81620 (970)748-0030 Fax (970)949.5749 (rev. 12/27/01) Page 2 of 2
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ALEXANDER, ERIC V. - MALMSTL.., AMEDEE, ROY F., JR & PATRICK 1 _ BENSON, JAMES
C. -JT LAUDUMEIY, FERNAND L., IV
PO BOX 6102 JT PO BOX 327
VAIL,CO 81658 6620 VICKSBURG ST AVON, CO 81620-0327
NEW ORLEANS, LA 70124
BERKMAN FAMILY TRUST - BETZ, JAMES F.'& MARNIE K.
HERBERT R. & 1T
JONNEAN B. BERKMAN TRUSTEES PO BOX 648
9110 E 139TH CT OCEAN BEACH, NY 11770
BRIGHTON, CO 80602
BRUNO, HAROLD R., JR &
MARGARET E.
3414 CUMMINGS LN
CHEVY CHASE, MD 20811
DE LUCINGES, ANDRE J. &
JOSEPHINE C. - JT
PO BOX 5230
AVON, CO 81620
DUONG, THANH QUY
10663 HWY 6
GYPSUM, CO 81637
GUERCIO, VINCENT J., AMY S. - JT
PO BOX 3415
VAIL, CO 81658
JOE & WINNIE SANDEL LP
16 ELKINS LAKE
HUNTSVILLE,TX 77340
MACH, ROBERT A. & JENNIFER ANN
-JT
PO BOX 18195
AVON, CO 81620
PETRASH, JOSEPH BLAIR - KELLIE
-JT
PO BOX 9041
AVON, CO 81620
REYNOLDS, ALBERT D - CHIECO,
/ 'RED V -
N _ JENT, RICHARD M
PO BOX 738
AVON, CO 81620
CLANCY,HARRYJAMES
PO BOX 1848
EDWARDS, CO 81632
DEAN, MARTHA & JENNIFER
JT
PO BOX 2001
AVON, CO 81620
EDGEVIEW VILLAS HOMEOWNERS
ASSOC
PO BOX 2492
AVON, CO 81620
HEYMANN, A. DOUGLAS
35 E 75TH ST APT 9C
NEW YORK, NY 10021-2761
JONES, LINDA S. & JIM -JT
2121 N FRONTAGE RD W 138
VAIL, CO 81657
MARSHALL, NANCY M. & RON -JT
5835 LONG BREAK TRL
EDINA, MN 55439
s'/
4990'H
Y9UMMERIARLENE & BENNETT H.
119'' M?v;4JHT
S
SOUTH h FL 33113
CUNNINGHAM, KAREN F.
1007 OYSTER COVE DR
GRASONVILLE, MD 2163E
DODGE, MAGNA L. & DAVID A.
JT
5 LANGDON TERRACE
BRONXVILLE, NY 10708
GROSS, LAURA F. & ROBERT C. -JT
7030 FIELDHURST CT
ALEXANDRIA, VA 22315
HIGHLAND RENTAL PROPERTIE
LLC
PO BOX 502
AVON, CO 81620
JONES, SHARON S.
PO BOX 7685
AVON, CO 81620
BECKER-PEREZ, STEPHANIE M.
PO BOX 7332
AVON, CO 81620
PETROWSKI, DAVID S. & HILARY W. - PINES OF WILDRIDGE TOWNHOME
JT ASSOC INC
PO BOX 1178 PO BOX 2944
AVON, CO 81620 VAIL, CO 81658
RICE, HELGA P. & RUSSELL M. ROMSA, SCOTT
PO BOX 6548 PO BOX 9594
AVON, CO 81632 AVON, CO 81620
EVANS, THOMAS A.
PO BOX 6622
WON, CO 81620
SUNDAY, DANIEL F.
PO BOX 133
AVON, CO 81620
VOGEL, MARK A. & BARBARA D.
-JT
901 S FULTON
DENVER, CO 80231
SNOWBERRY OWNERS ASSOC INC
% GENTRY MGMT
PO BOX 1017
VAIL, CO 81658
TANAVON CORP
CIO OSCAR TANG
600 5TH AVE, 8" FL
NEW YORK, NY 10020
VOSS, GEOFFREY E. & JENNIFER L.
JT
PO BOX 3612
AVON, CO 81620
STERLING, SAMUEL A. W. - WOODS.
HOLLY K.
AT
PO BOX 3699
VAIL, CO 81658
TOWN OF AVON
PO BOX 975
AVON, CO 81620
ZONING ANALYSIS
Existing Conditions Proposed Development
(Residential Low Density) (Residential Single Family)
Square Footage
Breakdown of
Proposed Uses: N/A 5,000 square feet per lot
Parking: 3 spaces per unit/2 spaces per unit 3 spaces per unit
plus required guest parking (min. of 2 enclosed)
Maximum
Densities: Lot 44 — 4 dwelling units 1 dwelling unit per lot
(4 dwelling units total) (3 dwelling units total)
(2.5 dwelling units per acre) (1.9 dwelling units per acre)
Minimum Lot
Size: 0.25 acres or 10,890 square feet 0.40 acres or 17,500 square
feet
Maximum
Building Height:
35 feet
35 feet
Minimum
Building Setbacks:
Front:
25 feet
25 feet
Side:
7.5 feet
7.5 feet
Rear:
10 feet
10 feet
Maximum
Site Coverage:
50%
40% per lot
Minimum
Landscape Area:
25%
35% per lot
Dry Creek PUD Amendment May 1, 2005
I
7
III. PUD AMENDMENT REVIEW CRITERIA
The applicant is requesting a final review of an amendment to the Wildridge PUD,
pursuant to Section 17.20.110K, Amendment Procedures, Avon Municipal Code, to
permanently reduce the residential density of the PUD by allowing three (3) new single-
family dwelling units on the development site in place of four dwelling units which are
currently permitted on the site.
According to Section 17.20.110H, Design Criteria, Avon Municipal Code, the following
criteria shall be used as the principal criteria in evaluating a PUD amendment:
1. Conformity with the Avon Comprehensive Plan Goals and Objectives
Applicant's Response: The PUD amendment is consistent with the Town's
Comprehensive Plan. According to the Town's Comprehensive Plan, the development
site is designated as "Residential" on the.Overall Land Use Plan. Pursuant to the Town's
Comprehensive Plan,
"the Residential land use is an area intended for permanent and seasonal
residential land uses, including single-family houses, duplexes, multi family
dwellings, apartments, condominiums, and mobile homes. The density of
development and unit type vary within the Town in response to market conditions,
site constraints (such as topography and accessibility), compatibility with existing
and proposed development and zoning regulations.
Residential areas should be located in convenient proximity to areas of
employment, recreation, and open space. Neighborhoods should be within
walking distance to daily shopping needs and employment centers, and near a
public transit stop to offer a convenient alternative to automobile trips.
Vehicular, bicycle, and public transit routes should be easily accessible, yet
residential areas should be separated or protected from heavy traffic. "
The PUD amendment to allow for the development of three (3) single-family residential
dwelling units on three (3) individually platted lots is consistent with the prescribed land
use designation of the Overall Land Use Plan. The allowable maximum density of one
(1) dwelling unit per lot and the single-family residential unit types are consistent with
the goals and objectives of the Town's Comprehensive Plan and are compatible with the
existing single-family, duplex, multiple -family residential development surrounding the
development site.
Furthermore, the various elements of the PUD amendment are consistent with the
adopted goals and policies of the Town's Comprehensive Plan. According to the Town's
Comprehensive Plan, in part,
"The goals and policies of the Plan will be used by the Town to:
1
Dry Creek PUD Amendment May 1, 2005
• Establish the standards and regulations necessary to define the limits and
conditions ofprivate sector development; and
• Provide a clear focus for coordinating public, priVpte, institutional and
individual efforts in the development of the community.,,
Upon review of the adopted goals and policies of the Plan, the PUD amendment achieves and
addresses the following goals and policies of the Town of Avon:
A. LAND USE A fundamental reason for having a comprehensive plan is to clearly
communicate generally where and how land uses may occur in the Town.
The Land Use Plan is based on these goals and policies. Implementation
is through annexation, subdivision and zoning regulations.
Goal A.1 Ensure a balanced system of land uses that maintains and enhances
Avon's identity as a residential community, and as a regional commercial,
tourism and entertainment center.
PolicyAl.l Development and redevelopment will be of a scale and intensity
appropriate for the neighborhood in which it is located.
Applicant's Response:
Development within the PUD amendment will be single-family residential
dwellings. The maximum allowable square footage of each unit shall be
5,000 square feet. Single-family residential dwellings are compatible with
the scale and intensity of the neighboring uses.
PolicyAl.3 Flexible zoning such as Planned Unit Developments (PUD) should be
encouraged where it results in more effective use of land. However, such
flexible zoning will only be allowed where it provides a benefit to the
community and is compatible with surrounding development. Variations
from standard zoning must be clearly demonstrated and will be permitted
only as needed to achieve effective development.
Applicant's Response:
The PUD amendment is beneficial to the community and is compatible
with surrounding development. For example, as a result of the PUD
amendment, overall residential development on the site will be reduced by
25%, the number of vehicular access points onto Old Trail Road will be
reduced, the amount of unpaved area within the neighborhood will be
increased, additional landscape buffers between adjoining uses will be
provided, and the bulk and mass of the proposed single-family residences
will be compatible to that of the adjacent structures.
PolicyAl.S The community will include a wide range of residential uses including
large -lot single family and duplex, small -lot single family and duplex,
multifamily, and vertically integrated residential uses.
2
Dry Creek PUD Amendment May 1, 2005
Applicant's Response:
The requested single-family residential uses will add to the already wide
range of residential uses existing within the Wildridge PUD.
Policy A1.6 Land for open space should be preserved throughout the community,
particularly on steep slopes and other environmentally sensitive areas.
Applicant's Response:
While not open space in the Town's intended use of the tern, the PUD
amendment provides additional open space and buffer area between
adjoining uses. Through coordination and communication with the
owners of Lot 45 to the west, the applicant has secured an access and
utility easement agreement to allow for shared access to Lot 45 and Dry
Creek PUD, Lots 1 -3. As a result, nearly 3,000 square feet of unpaved
area will remain in the neighborhood. This unpaved area provides
increased opportunity for landscaped buffers and separation between
adjoining uses.
Goal A.3 Maintain a compact urban form that respects and preserves the natural
beauty of the valley, river and surrounding mountains, and maintains
distinct physical and visual separations between Avon and surrounding
communities.
Policy A3.1 Development should first be directed in areas within and adjacent to
established neighborhoods and developed areas.
Applicant's Response:
The PUD amendment is an infill form of development within an
established neighborhood and developed area.
Policy A3.7 Steep slopes in and around the community should be designated and
preserved as open space whenever possible.
Applicant's Response:
According to the Town of Avon Development Standards, development of
single-family residential structures is permitted on slopes of 30%.
Pursuant to the stamped Topographic Map, dated 11/16/2004, prepared on
behalf of the applicant by Gore Range Surveying, LLC, no areas of slopes
in excess of 40% exist on the site.
B. Community As the community moves into the future, striking a balance between a
And Economic healthy, diverse economy and a livable residential community becomes
Development both increasingly challenging and increasingly important. The following
goals and policies are intended to achieve that balance.
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Dry Creek PUD Amendment May 1, 2005
Goal B.1 Enhance the Town's role as a principal, year-round residential community
and regional commercial center.
Policy BLI Residential neighborhoods should be maintained to a high standard of
quality through effective maintenance of streets, utilities, parks and other
public facilities, and through consistent application of design standards.
Applicant's Response:
All future residential development on the development site shall be
reviewed and approved by the Town of Avon for compliance with the
Town's design standards and applicable code provisions.
C. Housing As the community grows, demand for housing of all types is increasing.
While there is an ample supply of housing for second homeowners and
upper income residents, there is a shortage of housing for middle income
and year-round residents and their families. The following goals and
policies are intended to help meet the variety of housing needs.
Goal C.1 Provide for diverse, quality housing to serve all economic segments and
age groups of the population.
Policy C 1.1 Maintain and enhance the character of the residential neighborhoods of the
Town.
Applicant's Response:
Future single-family residential development of the site shall be reviewed
and approved by the Town of Avon for compliance with the Town's
adopted design standards. Single-family residential residences are
compatible with the existing character of the surrounding residential uses.
Single-family residential development of the site will maintain and
enhance the character of the surrounding neighborhood.
Policy C1.2 Infill residential development should be compatible in design, scale and
uses with existing neighborhoods.
Applicant's Response:
The single-family residential development on the site will be compatible
in design, scale and uses existing within the surrounding neighborhood.
The design of the homes will be two and three-story tall structures with
two or three -car garages. The architectural style of the homes is intended
to be reminiscent of traditional mountain design (ie., mixture of stone,
stucco, wood siding, stucco, and timbers, natural or earth tone colors,
sloping roofs with gable ends, dormers, and deep eaves and overhangs,
exposed beams, and subtle outdoor lighting).
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Dry Creek PUD Amendment May 1, 2005
The maximum allowable size of the homes shall not exceed 5,000 square
feet. However, it is more likely the homes will be constructed to be
approximately 3,000 — 3,500 square feet in size. The square footage will
be spread over two and three levels, depending upon the topography and
orientation of the particular lots. Maximum building height shall not
exceed thirty-five (35') feet with the height of the home conforming to the
existing topography.
Existing uses in the neighborhood are residential with a mix of single-
family, duplex, and multiple -family homes. The proposal to construct
single-family residences on the development site is compatible with the
uses in the neighborhood. Overall, the PUD amendment results in
compatibility with the existing design, scale and uses of the surrounding
neighborhood.
F. Environment Avon is a very desirable place to live and work largely because of its
exceptional natural environment. In a very real sense, the economic and
social health of Avon depends upon the protection and enhancement of
these resources.
Goal F.1 Make Avon's unique natural setting and its open space system central
elements to its identity and structure.
Policy Fl .1 Future development and redevelopment shall minimize degradation of the
environment, particularly in sensitive natural areas.
Applicant's Resoonsb:
The layout of the three (3) single-family residential lots is particularly
responsive to the environment. As designed, degradation to the site and
environment will be minimized. For example, the lots have been designed
to create the most desirable site planning and building placement
outcomes. The building envelopes ensure that all future residential
development is oriented parallel to the existing natural contours versus
being oriented perpendicular to the natural contours. A paralleled
orientation results in a building design that relates to the natural
topography of the development site instead of a building design that
"fights against" the contours of the site resulting in excessive cuts and
substantial retaining of the slopes, as recommended in the "Town ofAvon
Residential Commercial and Industrial Design Review Guidelines".
Policy F 1.2 Development should not be allowed on steep hillside areas vulnerable to
environmental and visual degradation.
Applicant's Response:
The layout of the three (3) single-family residential lots was designed to
avoid steep hillsides and minimize visual degradation. One of the design
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Dry Creek PUD Amendment May 1, 2005
intents of the future development is to minimize excessive cuts and fill
conditions and to prevent unsightly grading of the property which results
in unnatural scarring of the land forms. Thp home sites have been located
away from areas of steep slopes.
Policy F1.4 Development and redevelopment will accommodate wildlife habitat,
including deer and elk migration routes, or otherwise mitigate loss of
habitat.
Applicant's Response:
Future development on the site will accommodate wildlife habitat,
particularly deer and elk migration routes. The development site is
confined on two sides by Tract F. Tract F is an open space parcel owned
by the Town of Avon. Besides protecting steep slopes and natural
drainages from future development, Tract F also serves to connect other
pieces of open space to one another to form a vital north/south wildlife
corridor through the Wildridge Subdivision. Tract F remains unchanged
as a result of this application.
H. Community Community image is a combination of natural setting, architectural design,
Image and density, design of streets and walkways, signage, public art, community
Design facilities, and the care and maintenance of neighborhoods and businesses.
An attractive community image not only fosters a sense of identity and
pride in its residents and businesses, it is critical to its long-term success as
a tourism destination.
Goal H.1 Establish and maintain a high quality visual image of the Town.
Policy H1.1 The Town's streets and walkways shall be designed and maintained as
safe, attractive public spaces.
Applicant's Response:
The applicant, in cooperation with the property owners directly to the west
(Lot 45, Grandview at Wildridge Subdivision) will eliminate a street curb -
cut by combining the access driveways to development sites. Rather than
constructing two parallel driveways in the respective "pole" portions of
the two developments, a common access driveway is proposed. By
combining the two driveways, approximately 3,000 square feet of
additional landscape area is provided in the neighborhood and an
enhanced visual buffer can be created to screen the driveway from the
view of the owners of the Victorians and the Snowberry Townhomes.
I. Communication While most citizens are finding less time to attend town meetings, review
development proposals, and generally communicate with the Town
government, the need for citizens to be informed participants in the
community has never been greater. Avon's small size, high land values,
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Dry Creek PUD Amendment May 1, 2005
well-educated population and seasonal economy means that development
and other local governmental decisions are often complex, and generally
have greater impacts on the community than they would have in a larger
metropolitan area. For these and other reasons, effective communication
systems are fundamental to sustaining Avon's high quality of life and
economic health.
Goal I.1 Establish and maintain clear communication between the Town and its
citizens, business community, visitors, and other public entities.
Policy 11.1 The Town Council and Planning & Zoning Commission will actively seek
broad public involvement on key issues and decisions.
Applicant's Response:
In addition to fully complying with the Town's requirement for public
notice pursuant to Section 17.12.100, Hearings - Setting Date, Avon
Municipal Code, the applicant has sought input and comment on the PUD
amendment from the surrounding neighbors and residents of Wildridge.
In keeping with the goals of Policy I1.1, prior to submitting the PUD
amendment application to the Town of Avon Community, an introduction
letter was sent to each of the adjacent property owners. The purpose of
the letter was to provide a written introduction of the property owner to
the neighbors, inform the neighbors in advance of the property owner's
intent, and to provide contact information to the neighbors so that they
could share their thoughts on the project with the property owner's design
team.
As a result of seeking input and comment from the surrounding neighbors
and residents of Wildridge, the applicant made various revisions to the
PUD amendment application. For example, driveway access has been
combined to reduce the number of curb cuts on Old Trial Road and the
amount of paving in the neighborhood. Additionally, the lot configuration
was modified to increase the amount of separation between the adjoining
uses to the south of the development site. In the end, the PUD amendment
has improved due to communication and cooperation amongst adjacent
property owners and neighbors.
Policy I1.3 Public meetings, access to documents and development proposals, and
other interactions with the Town will be open and as accessible as
possible.
Applicant's Response:
Regardless of the Town's established procedures for public meetings and
sharing of information, the applicant contacted and attempted to inform
the neighbors surrounding the development site and residents of Wildridge
to gain their input and comment on the amendment. In those instances
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Dry Creek PUD Amendment May 1, 2005
when meetings could not occur, every attempt was made to facilitate an
exchange of information to ensure that the development proposal
remained accessible to all those seeking knowledge.
In addition to being in compliance with the goals and policies above, the PUD
amendment request is consistent with the recommendations for Sub -area 18, Wildridge,
as outlined in the Town's Comprehensive Plan. According to the recommendations for
Sub -area 18, integrated design themes for development, that achieve a more unified
overall appearance and the continuation of developing roadways as rural -type roads
without curb and gutter, roadway lighting, or sidewalks will be achieved as a result of the
PUD amendment.
2. Conformity and compliance with the overall design theme of the Town, sub-
area design recommendations and design guidelines adopted by the Town.
Applicant's Response: The future development of three (3) single-family residential
dwelling units on the development site will be reviewed and approved by the Town of
Avon Planning & Zoning Commission for compliance with the overall design theme of
the Town, sub -area design recommendations and design guidelines adopted by the Town.
One of the design intents of the future development is to minimize excessive cuts and fill
conditions and to prevent unsightly grading of the property which results in unnatural
scarring of the land forms. This goal will be achieved since the private access driveway
design takes full advantage of the existing topography of the site.
A second design intent is to ensure the creation of building envelopes that result in
structures designed to match the contours and topography of the existing site. As
proposed, the lot layout has been designed to maximize the orientation of the structures to
the contours of the landforms. This design intent and lot layout will minimize the amount
of grading and retaining on each of the lots and ensure compliance with the adopted
design guidelines. Specifically, each individual residence will respond to the topography
of the site to ensure that the residences become an integral part of the site rather than
structures which are out of character with their surrounding landforms.
While the applicant is not proposing specific design guidelines for this development,
future development on each of the individually platted lots will require that a
development review application be submitted to the Town for review and approval of the
residential plans for compliance with the Town's adopted design guidelines. That said,
future development on the lots will be treated like all other residential development in the
Wildridge PUD.
3. Design compatibility with the Immediate environment, neighborhood, and
adjacent properties relative to architectural design, scale, bulk, building
height, buffer zones, character and orientation.
ApplIcant's Response: Future development will be designed to be compatible with the
immediate environment, neighborhood and adjacent properties relative to architectural
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Dry Creek PUD Amendment May 1, 2005
design, scale, bulk, building height, buffer zones, character and orientation. All future
( development will be reviewed and approved by the Town of Avon Planning & Zoning
Commission for compliance with the adopted design guidelines. To that end, the exterior
design of the individual residences will be a mixture of indigenous materials such as
stone, wood siding and timbers. All residential development within the PUD will be
limited to 5,000 square feet of building area to prevent the construction of residences out
of scale and character with the neighborhood. A request for a deviation from the
maximum allowable building height as permitted by the Residential Single -Family (RSF)
zone district is not requested, and therefore, residential structures shall not be permitted
to exceed thirty-five (35') feet in height, as defined by Title 17: Zoning Regulations.
4. Uses, activity and design which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
Applicant's Response: The uses and activities within the PUD will provide a
compatible, efficient and workable relationship with surrounding uses and activities. The
development potential of the PUD shall be similar to that permitted by the Residential
Single -Family zone district. No deviations from the "allowed uses" of the zone district
are proposed. As such, pursuant to Section 17.20.050, Zoning Regulations, only "one
family dwelling" and "accessory buildings and uses" shall be permitted with the PUD
without consideration of a special review use permit.
According to the Official Town of Avon Zoning Map, the areas adjacent to the PUD are
f zoned:
• East— Wildridge PUD/Open Space
• West — Wildridge PUD/Residential
• North — Wildridge PUD/Residential/Open Space
• South — Wildridge PUD/Residential
The single-family development of the PUD is compatible with' surrounding uses and
activities and results in the permanent down -zoning of the property.
As previously mentioned, the adjoining uses are low density residential uses. The
applicant is proposing to further reduce the residential density in the area by eliminating
the ability to construct a four -unit multiple family structure.
5. Identification and mitigation or avoidance of natural and/or geologic hazards
that affect the property upon which the PUD (amendment) Is proposed.
Applicant's Response: No natural and/or geologic hazards affect the property upon
which the PUD (amendment) is proposed, therefore, no mitigation or avoidance of the
hazards is required.
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Dry Creek PUD Amendment May 1, 2005
6. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetfq quality of the community.
_Applicant's Response: All future residential development on the site shall be required
to comply with the adopted Town ofAvon Residential. Commercial and Industrial Design
Guidelines, and as needed may be amended from time to time.
The design of the future residential development will be oriented to take advantage of
solar gain and view corridors to the south and west of the development site.
The lot lay out of the PUD has been designed to ensure compliance with the prescribed
residential site development guidelines (ie, site design, site access, site grading,
easements, drainage). For example, the lots have been designed to create the most
desirable site planning and building placement outcomes. The building envelopes ensure
that all future residential development is oriented parallel to the existing natural contours
versus being oriented perpendicular to the natural contours. A paralleled orientation
results in a building that relates to the natural topography of the development site instead
of a building that 'fights against" the contours resulting in excessive retaining of the
slopes.
7. A circulation system designed for both vehicles and pedestrians addressing
on and off-site traffic circulation that is compatible with the Town
transportation plan.
Applicant's Response: The circulation system has been designed for both vehicles and
pedestrians and is compatible with the Town's transportation plan. As designed, a private
drive will be constructed across the development site to provide vehicular access to each
of the residential lots. The private drive shall be constructed to comply with minimum
Town standards for driveway construction.
8. Functional and aesthetic landscaping and open space in order to optimize
and preserve natural features, recreation, views and function.
Applicant's Response: Landscaping and open space have been provided within the
PUD to optimize and preserve the natural features, recreation, views and function of the
development site.
Individual plans for landscaping will be submitted to the Town for review and approval
as part of the approved plan set for development on each of the lots. The individual plans
shall be designed to fully comply with the minimum requirements for residential
landscaping as prescribed in Section 4C, Town of Avon Residential. Commercial and
Industrial Design Review Guidelines. At this time, subsequent to Town approval, the
design intent of the landscape plans is to create harmony between each of the building
sites and the natural topography and existing vegetation on the site. This intent will be
achieved by selecting plant materials that are adaptable to the area and are compatible to
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Dry Creek PUD Amendment May 1, 2005
the various climatic zones found in the Valley. Plant materials such as Colorado Blue
Spruce, Rocky Mountain Juniper, Pinyon, Quaking Aspen, Serviceberry, Snowbetry,
Mountain Mahogany, Alpine Currant, Potentilla, Western Sage, Rabbitbrush, and other
similar hardy species are proposed. The applicant is not requesting deviations or
variations to any landscape area requirements.
9. Phasing plan or subdivision plan that will maintain a workable, functional
and efficient relationship throughout the development of the (amended)
PUD. The phasing plan shall clearly demonstrate that each phase can be
workable, functional and efficient without relying upon completion of future
project phases.
ApplIcant's Response: A workable, functional and efficient plan for development
within the PUD will be achieved. As proposed,.the first step in the development of the
site will be to construct all necessary infrastructure on the site. The applicant has received
preliminary approval from each of the public utility service. providers for access to
services (ie, ERWSD, Holy Cross, Public Service, etc.). This includes the extension of
public utility services (sewer, water, gas, electric, cable, telephone, etc.) with stub outs to
each lot, and the installation of the required fire hydrants. With all the necessary
infiastructure construction complete, each of the residential lots will be ready for future
construction and no reliance upon the completion of future project phases is necessary.
10. Adequacy of public services such as sewer, water, schools, transportation
systems, roads, parks, police and fire protection.
Applicant's Response: Adequate facilities are available to serve the three (3) single-
family residential lots. Old Trail Road provides vehicular access to the development site
with a new private road providing access to the lots from Old Trail Road. Old Trail Road
is a platted public street maintained by the Town of Avon. As an infill development
within an existing platted subdivision, no annexation request or requests for expanded
municipal services are required.
Adequate infrastructure and platted easements exist on the development site to ensure the
provision of necessary water, sanitary, and utility services. Two, ten -foot wide utility
easements traverse north -south across the development site. The easements along with
the creation of additional easements for utilities and drainage will serve the needs of the
residential development on the site.
The present impacts of Residential Low Density (RLD) zoning on public facilities and
services, including but not limited to fire, police, water sanitation, roadways, parks,
schools and transit are based upon the allowable development potential granted by the
existing zoning regulations. Pursuant to the existing PUD, a total of four (4) multiple -
family dwelling units are allowed on the development site. The proposed development
potential will have no negative impacts on the above-described criteria as the
development potential is decreasing in density by 25%. Similarly, the future impacts of
single-family development on the public facilities and services, including but not limited
• 11
Dry Creek PUD Amendment May 1, 2005
to fire, police, water sanitation, parks, schools and transit will have no negative impacts
on the above-described criteria. Most importantly, because of the net.reduction in total
development potential as a result of the proposal, a reduction in demand on services is
expected.
11. That existing streets and roads are suitable and adequate to carry
anticipated traffic within the proposed (amended) PUD and vicinity of the
proposed (amended) PUD.
Applicant's Response: The existing streets and roads are suitable and adequate to carry
anticipated traffic within the PUD and the area surrounding the PUD. Old Trail Road is
already designed to accommodate the average daily trips (ADT) generated by residential
development. According to the Institute of Transportation Engineer's (ITE) Trip
Generation Manual, 40' Edition, one (1) single-family residential structure generates six
(6) average daily trips. An average daily trip' is defined as the average number of vehicle
trips generated leaving from and returning to a designated land use for the purpose of
transportation planning. As a result of the PUD amendment, the number of average daily
trips to the site will be reduced.
12. Describe the proposed development standards. Provide justifications for the
proposed standards and describe the benefits to the Town if they deviate
from Town standards.
Applicant's Response: The proposed development standards for the PUD are:
Undetlying
Zone District: Residential Single -Family (RSF)
Allowed Uses: I. One family dwelling;
2. Accessory buildings and uses.
Special Review
Uses: 1. Home occupations;
2. Aboveground public and private utility installations;
3. Church.
Development
Standards: 1. Minimum lot size: twenty-seven thousand, seven
hundred & fifty square feet (27,750 sq ft);
2. Maximum building height: thirty-five feet (35 ft);
3. Minimum building setbacks:
Front: twenty-five feet (25 ft)
Sides: seven & one-half feet (7.5 ft)
Rear: ten feet (10 ft)
4. Maximum site coverage: forty percent (40%)
5. Minimum landscape area: thirty-five percent (35%)
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Dry Creek PUD Amendment May 1, 2005
6. Maximum density: one dwelling unit per lot
'• Unless noted otherwise on the Approved Development Plan
Note: All other development standards and development requirements not
specifically listed above and as prescribed by the Zoning Code of the Town of
Avon shalt apply to deyelopment within the PUD.
The proposed deviations to the development standards are justified by the public benefits
they provide to the Town of Avon. As previously stated, approval of the PUD
amendment will ensure that the goals and policies of the Town's Comprehensive Plan are
achieved. As a result of the amendment, development on the site will be responsive to
the topography of the area and future development on the site will be compatible with the
surrounding existing and potential land uses. Specifically, the increased minimum lot
size ensures that the character of the built environment of the area remains unaffected by
the proposed development and the increase to the minimum landscape area requirement
and the decrease to the maximum allowable site coverage allowance assures that an
ample amount of natural landscaping and open space remains in and around the
development site.
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Dry Creek PUD Amendment May 1, 2005
IV. SUBDIVISION PRELIMINARY PLAT
Pursuant to Chapter 16.20, Pteliminary Plans, Avon Municipal Code, the
applicant has submitted a preliminary plan for the re -subdivision of Lot 44, Block
2, Wildridge Subdivision. The purpose of the re -subdivision is to facilitate the
future development of three (3) single-family homes on the development site. A
reduced copy of the proposed preliminary plat is included in Section V. of the
submittal documents.
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Dry Creek PUD Amendment May 1, 2005
V. SUBDIVISION VARIANCE CRITERIA
Pursuant to Title 16 Subdivisions, Section 16.12.020, Variances, Avon Municipal Code,
upon application by a subdivider, the town council may, at its discretion, grant variances,
as provided in Chapter 16.44, from some or any requirements of these regulations based
upon the following criteria:
1. Whether a strict, literal application of these subdivision regulations would
result in an undue hardship to the subdivider due to the purpose, size, shape,
location, and character of the proposed subdivision.
Applicant's Response: Yes, the strict, literal application of the subdivision regulations
would result in an undue hardship to the'subdivider due to the purpose, shape, location
and character of the proposed subdivision.
Pursuant to Section 16.40.330, Lot and Block Design Avon Municipal Code,
"Each lot created in a subdivision shall be physically capable of accommodating a
structure devoted to the intended use of the lot. Each lot shall have a frontage width on a
dedicated street ofnot less than twenty-five (15) feet. Additional area may be required if
determined necessary by the shape of the land or contours." .
Lot 44, Block 2, was platted as part of the original Wildridge Subdivision in 1978. As
presently platted, Lot 44 maintains a thirty-five (35') foot frontage width on a dedicated
street (Old Trail Road).
The applicant is proposing to utilize an existing private driveway presently located on Lot
45, Block 2, Wildridge Subdivision, to serve as vehicular ingress and egress to Lot 44.
Over the past several months, the applicant has worked closely with the owners of Lot 45
to formulate a mutually acceptable easement for common access and utilities to Lots 44
& 45. According•to the terms of the easement agreement, the first one hundred -ninety
(190') feet of the existing private driveway on Lot 45 would be encumbered by a
Common" Access and Utility Agreement. To ensure adequate traffic circulation to and
from the Lots, the applicant has agreed, and at his sole expense, to widen the existing
driveway to sixteen (16') feet and add a one (1') foot wide gravel shoulder to each side of
the driveway. Upon recording the agreement with the Eagle County Clerk & Recorder's
Office, provisions for access and maintenance of the shared portion of the driveway will
be formalized.
While it is possible to provide vehicular access to Lot 44 via the existing "pole" portion
of the Lot, it is the opinion of the Lot owners that doing so would negatively impact the
character of the subdivision, the neighborhood and surrounding area. For example, if a
second paved driveway surface was added to Lot 44, an additional 3,040 square feet of
existing landscaped area would be lost to paving and further encroach upon the
residential units to the east. Due to the limited width of the "pole" portions of the two
"flag" lots and the need for adequate snow storage and landscape buffers, there is little or
no opportunity to meander the driveways. As such, the resulting appearance of two paved
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Dry Creek PUD Amendment May 1, 2005
driveways extending parallel to one another for one hundred -ninety (190') feet would be
similar to that of a "divided highway design". Lastly, the applicant is not proposing to
prevent or restrict vehicular access to the Lots within the Dry Creek PUD. Instead, the
applicant is seeking a more creative and aesthetically pleasing means to achieve vehicular
access to the development site. For these reasons, the applicant believes that to apply the
strict and literal interpretation of the minimum street frontage requirement would result in
an undue hardship.
2. - Whether the provisions of the regulations from" which relief is requested are
not materially important, in a planning sense, to the orderly, controlled
development of the tract in question.
Applicant's Response: Relief from the Section 16.40.330, Lot and Block Designof the
Subdivision Regulations is materially important, in a planning sense, to ,ensure the
orderly, controlled development of the proposal. In this variance request, the applicant is
not proposing to prohibit access to Lot 44. Instead, the applicant is merely requesting
relief from the minimum street frontage requirement of the Subdivision Regulations to
aid in the implementation of the Town's adopted goals, objectives and policies for land
development.
Upon review of the Town's adopted subdivision regulations, it appears that the purpose
of the minimum street frontage requirement is to ensure that vehicular access is available
to all platted lots thereby preventing instances of "landlocked" property in the subdivision
process. While it is true that proposed Lots l & 2, Dry Creek PUD will not have direct
frontage on a public street, the presence of the perpetual common access easpment fulfills
the access obligations that the street frontage requirement contemplates.
In a planning sense, there are numerous public benefits arising from this proposal. The
public benefits include:
• Compliance with the Town's adopted goals and policies as stated in the
Town's Comprehensive Plan;
• Future development on the site that is consistent with and compatible to
adjacent and surrounding land uses,
• Down -zoning of the property and permanent vacation of existing development
rights,
• Preservation of existing unimproved landscape area; and
• Infill development versus sprawl development.
3. Whether the granting of the request might adversely affect the use of the
land in the immediate area of the tract in question.
Applicant's Response: The granting of this request will not adversely affect the use of
land in the immediate area of the development site. In fact, the granting of the requested
variance ensures the continued use and enjoyment of land surrounding the development
site. As proposed, the residential uses most directly impacted by the construction of a
2
Dry Creek PUD Amendment May I, 2005
second driveway are afforded an additional buffer that otherwise would not exist. Future
development on the site will be consistent with and compatible to adjacent and
surrounding land uses.
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Dry Creek PUD Amendment May 1, 2005
VI. REDUCED PLANS
In accordance with the submittal requirements for the PUD amendment and the
preliminary plan request, the applicant has submitted copies of the plan sets.
Additional Ul-sized plan sets are available from the applicant upon request.
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Dry Creek PUD Amendment May 1, 2005
DRAFT
ACCESS•AND UTILITY EASEMENT
This Access Easement is made effective as of the _ day of
2005, by and among
Andre' and Josephine de Lucinges, owner of Lot 45-C, Block 2, Wildridge Subdivision ("de
Lucinges"), Robert and Jennifer Mach, owner of Lot 45-B and Lot 45-A, Block 2, Wildridge
Subdivision ("Mach'j, and Blue Bird Meadow, LLC, owner of Lot 44, Block 2, Wildridge
Subdivision ("Blue Bird").
1. Recitals. de Lucignes, Mach and Blue Bird, (collectively, the "Lot Owners'), are
seised of an estate in fee simple of those parcels of land located in Lot 44 and Lot 45, Block 2;
Wildridge Subdivision according to the plat thereof, County of Eagle, State of Colorado, as set
forth on Exhibit A attached hereto and incorporated herein by reference (the "Properties").
The Lot Owners desire to create a thirty (30) foot wide'access and utility easement across Lot
45 as depicted on Exhibit B attached hereto (the "Easement Tract') for the benefit of one
another, all in accordance with the terms and conditions set forth in this Easement.
2. Grant of Access and Utility Easement. Now therefore, in consideration of the above
stated recitals which are incorporated herein and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, each of the Lot Owners does
hereby GRANT, BARGAIN, SELL AND CONVEY to each of the other Lot
O ne tees theit
lessees, licensees, successors and assigns, and all employees, customers, guests
foal, and non -
of
same and in common with all others having like right, a permanent, perpe
exclusive access easement for purposes of passing and repassing along and over the as under
sement
Tract from and onto the Properties or any part thereof and installing necessary
utilitisuch Easement Tract. The easement granted in this paragraph shall: (i) be permanent,
perpetual and non-exclusive; (ii) be for the benefit of the Properties or any part thereof, for all
purposes connected with going to and from the public roads and rights-of-waoy tto ed
and the
Properties, including housing which may be constructed on the Property Y Parcel
Owner, (iii) be for the benefit of the Properties or any part thereof, for all purposes connected
with the installation of any utilities to and for the Properties; (iv) shall serve to restrict each of
the Lot Owner's respective right to erect, maintain, place or leave any obstruction, fence, wall
or barricade or to take any other action, that would in any way obstruct or hinder the access
granted hereby; (v) shall not restrict the use of any of the Lot Owners to use the Easement
Tract in any manner not inconsistent with the covenants and conditions contained herein; and
(vi) shall constitute a covenant running with the land in perpetuity and shall inure to the
benefit of the Lot Owners and their successors and assigns•' The Easement Tract is not a
public road dedicated to the use of the public, and its use shall be limited to those parties
described herein, their transferees and respective invitees.
3. Enforcement of Rights. In the event any party hereto fails to discharge its respective
obligations hereunder, any other party hereto shall have the right to enforce this Easement by
an action in law or in equity (including a suit for specific performance) without thereby
waiving the right to also recover in an action for damages any such sums expended by such
other party at its discretion in performing such obligations. In the event that any party hereto
institutes a legal proceeding against the other- party to enforce the obligations arising
hereunder, it shall be entitled to recover and the court shall award reasonable attorney's fees
(including those incurred on appeal or whether or not suit be filed) and costs if the court
determines such party has prevailed in the legal or equitable proceeding.
4. Repair and Maintenance. The Easement Tract shall be repaired and maintained in
accordance with the terms and conditions of the Repair and Maintenance Agreement among
the parties of even date herewith, a copy of which is attached hereto as Exhibit C.
5. Covenants -Running with the Land. All rights and obligations arising hereunder are
covenants running with the land, binding upon and inuring to the benefit of the respective
parties and their respective successors in title.
6. Governing Law and Venue. The laws of the State of Colorado shall govern this
Agreement. Any legal action instituted hereunder shall be brought in Eagle County, Colorado.
7. Signature. Each party hereto represents and wan -ants that the person or persons
signing this Easement on behalf of such party is duly authorized to do so. Each party is hereby
estopped from asserting that it or any party signing below did not legally execute this
Easement with all necessary or required authority.
8. No Partnership. None of the terms and provisions of this Easement shall be deemed
or construed to create a partnership between or among the parties hereto in their respective
businesses or otherwise, nor shall they cause the parties hereto to be considered joint ventures
or members of any joint enterprise. Each party to this Easement shall be considered a separate
entity and no party hereto shall have the right to ad as agent for any other party hereto unless
expressly authorized to do so by written instrument signed by the authorizing party.
9. Amendments Except as otherwise specifically set forth herein, neither this Agreement
nor any provision may be waived, modified, amended, discharged or terminated except by an
instrument in writing signed by all of the parties hereto and recorded in the Real Property
Records of Eagle County, Colorado.
10. Counterparts. This easement may be executed in counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have read and executed this Easement effective as of
the date first above written.
LOT 45-C Owner:
STATE OF COLORADO )
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2005, by
Witness my hand and official seal
My commission expires:
Notary Public
LOT 45-B _ Owner:
STATE OF COLORADO )
) ss.
COUNTY OFA
The foregoing instrument was acknowledged before me this day of
2005, by
Witness my hand and official seal
My commission expires:
Notary Public
LOT 45-A _ Owner:
STATE OF COLORADO )
) ss.
COUNTY OF_
The foregoing instrument was acknowledged before me this day of
2005, by
Witness my hand and official seal
My commission expires;
Notary Public
LOT 44 Owner.
BLUE BIRD MEADOW, LLC
By: Robert A. Rymer, Manager
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2005, by Robert A. Rymer.
Witness my hand and official seal
My commission expires:
Notary Public
EXHIBIT A
REAL PROPERTY DESCRIPTIONS
Robert and Jennifer Mach
Lot 45A, Block 2, Wildridge
Subdivision according to the
Avon, CO. 81620
plat thereof, Town of Avon,
County of Eagle, State of
Colorado.
Robert and Jennifer Mach
Lot 45B, Block 2, Wildridge
Subdivision according to the
Avon, CO. 81620
plat thereof, Town of Avon,
County of Eagle, State of
Colorado.
Andre' and Josephine de Lucinges
Lot 45C, Block 2, Wildridge
Subdivision according to the
Avon, CO. 81620
plat thereof, Town of Avon,
County of Eagle, State of
Colorado.
Blue Bird Meadow, LLC
Lot 44, Block 2, Wildridge
Subdivision according to the
500 S. Frontage Road East, Suite 112
plat thereof, Town of Avon,
Vail, CO. 81657
County of Eagle, State of
Colorado.
EXHIBIT B
LEGAL DESCRIPTION OF EASEMENT TRACT
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EXHIBIT C
REPAIR AND MAINTENANCE AGREEMENT AND DECLARATION
This Repair and Maintenance Agreement and Declaration (the "Agreement and Declaration")
is made effective as of the _ day of , 2005, by and among Andre' and Josephine de
Lucinges ("de Lucinges'7, Robert and Jennifer Mach ("Mach'I, and Blue Bird Meadow, LLC
("Blue Bird's -
1. Recitals. de Lucinges, Mach and Blue Bird (collectively, the "Lot
Owners") are each seized of an estate in fee simple of those parcels of land located in Lot 44 and
45, Block 2, Wildridge Subdivision according to the plat thereof, County of Eagle, State of
Colorado, as set forth on Exhibit A attached hereto and incorporated herein by reference (each a
"Property," and collectively the "Properties'). The Lot Owners are parties to an Access and Utility
Easement ("Easement') of even date herewith under which the Lot Owners created a thirty (30)
foot wide access easement across Lot 45, as described on Exhibit B, for the benefit of the Lot'
Owners (the "Easement Tract'). The Lot Owners desire to set forth their rights and responsibilities
with respect to the construction, repair and maintenance of the improvements to the Easement
Tract in accordance with the terms and conditions set forth herein.
2. Construction. The construction to be performed pursuant to the
provisions of this Section 2 shall be referred to as the "Improvements". Blue Bird shall be
responsible for all costs associated with:
(i) the surveying, engineering, designing, and grading required to widen
the existing driveway within the Easement Tract on Lot 45 to a width of
16 -feet with a 1 -foot wide gravel or aggregate shoulder on each side of
expanded asphalt driveway,
repaving any asphalt roadway disturbed by construction relating to
expansion of the driveway,
(iii) complying with all drainage and landscaping requirements of the Town
of Avon.
3. Repair and Maintenance. Repairs and maintenance shall be made
from time to time to the Improvements as Blue Bird shall determine from time to time. Upon
completion of the Improvements, Blue Bird shall be responsible .for the cost of repairing and
maintaining the Improvements, including plowing and snow removal. Blue Bird agrees to maintain
the portion of driveway located outside of the Easement Tract that lies within the boundaries of Lot
44 in a similar condition to the Improvements located within the Easement Tract. de Lucinges and
Mach agree to maintain the portion of driveway outside of the Easement Tract that lies within the
boundaries of Lot 45, Block 2, Wildridge Subdivision in a similar condition to the Improvements
located within the Easement Tract.
q, Liability Insurance. Each Lot Owner shall be responsible for carrying
liability insurance on their own individual Property as defined in the respective Party Wall
Agreement or Townhouse Declaration associated with the Property. The creation of the Easement
shall not effect the responsibility to maintain liability insurance for each respective Property.
5. Governmental Compliance. The construction of the Improvements and
the repair and maintenance of the Improvements shall be done in full compliance with all
applicable federal, state and local laws.
6. . Enforcement of Rights. In the event any party hereto fails to discharge
its respective obligations hereunder, any other party hereto shall have the right to enforce this
Agreement and Declaration by an action in law or in equity (including a suit for specific
performance) without thereby waiving the right to also recover in an action for damages any such
sums expended by such other party at its discretion in performing such obligations. In the event
that any party hereto must institute a legal proceeding against the other party to enforce its rights
hereunder, the prevailing party shall be entitled to recover and' the court shall award reasonable
attorney's fees (includingthose incurred on appeal or amounts as the court deems whether
or .ot suit be filed) and costs from
the non -prevailing party in such
7. Covenants Running with the Land All rights and obligations arising
hereunder are covenants running with the land, binding upon and inuring to the benefit of the
respective parties and their respective successors in title.
8. Governing Law and Venue. The laws of the State of Colorado shall
govern this Agreement and Declaration. Any legal action instituted hereunder shall be brought in
Eagle County, Colorado.
g, Signature. Each party hereto represents and warrants that the person or
persons signing this Agreement and Declaration on behalf of such party is duly authorized to do so.
Each party is hereby estopped from asserting that it or any party signing below did not legally
execute this Agreement and Declaration with all necessary or required authority.
10. No Partnership. None of the terms and provisions of this Agreement
and Declaration shall be deemed or construed to create a partnership between or among the parties
hereto in their respective businesses or otherwise, nor shall they cause the to
hreto to Agreement and
be
considered joint ventures or members of any joint enterprise. Each party
Declaration shall be considered a separate entity and no party hereto shall have the right to act as
agent for any other party hereto unless expressly authorized to do so by written instrument signed
by the authorizing party.
11. Amendment Except as otherwise specifically set forth herein, neither
this Agreement and Declaration nor any provision may be waived, modified, amended, discharged
or terminated except by an instrument in writing signed by all of the parties hereto and recorded in
the Real Property Records of Eagle County, Colorado.
12. Counterparts. This Agreement and Declaration may be executed in
counterparts, each of which shall be deemed an original and all of which together shall constitute
one and the same instrument.
13. Further Assurances. Each party to this Agreement and Declaration
agrees to execute and deliver other documents, instruments and certificates which are reasonably
necessary to implement fully the provisions and intent of this Agreement and Declaration.
IN WITNESS WHEREOF, the parties have read and executed this Agreement and
Declaration effective as of the date first above written.
LOT 45-C Owner:
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2005, by
Witness my hand and official seal
My commission expires:
Notary Public
LOT 45-B Owner:
STATE OF COLORADO )
) ss.
COUNTY OF,
The foregoing instrument was acknowledged before me this day of
2005, by
Witness my hand and official seal
My commission expires:
Notary Public
LOT 45-A Owner:
j STATE OF COLORADO )
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2005, by
Witness my hand and official seal
My commission expires:
Notary Public
LOT 44 Owner:
BLUE BIRD MEADOW, LLC
By: Robert A. Rymer, Manager
STATE OF COLORADO I )
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2005, by Robert A. Rymer.
Witness my hand and official seal
My commission expires:
Notary Public
To: Eric Heidemann, Senior Planner, Town of Avon
From: Carol Gill-Mulson, Deputy Chief, ERFPD
Date: 6/15/2605
Re: Lots 1, 2, 3, Dry Creek PUD, Wildridge, Avon
The above project was reviewed for fire department concerns with the following
comments:
- Existing water supply is adequate for the proposed density.
- Based on the current submittal with 3 additional residential units and the
proposed day care operation, the existing access does not meet fire department
requirements. The road will need to meet fire code requirements or the Town of
Avon road requirements, which ever is more restrictive.
- Additionally, a site plan showing vehicle access and a tum around, based on the
turning radius analysis for the Pierce Quantum, is required. I've attached a copy
of the analysis data.
Please call me at 748-4741 if there are any questions.
1
� r -
Turning Performance Analysis
Eaglr, pivr-r F. P. D. Quantum(::)
I components PRIDE# DescApllon
'
Puameten:
W* Crmp We:
45.00'
Alda Tock:
94.42 in
WhW onset'
5.251n.
Tread Wdh:
15.60 in.
Chants ovafi2n0:
8244 in.
A,diBonal Bumper DePft
10.00 In.
ry ebase:
182.00 in
Caludafed TuminO Ulf:
Imide Tum 141L 1 in.
Cub to Cu1b: 29 It 0 in. '
wall wyval: ; :32L fin.
Comments:
EWA*
0000272
Aste, Fant, MerilaR-9e9, :8,740A, w/assist Qtm
FontTses
OD01611
Tim. M'dOi%395165R225018ptyXZYbaad
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0060015
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0012242
Burtpsr.fir wtandad-Jd2ssis
• Nokr
Adud InWa Cramp Mae maybe fess du+ lahpNy spadalzed options
Owb to Curb 11ndn0 nidus calculated fora 9.00 Indy cub.
Neduce ltrnis0 radius by 33% if vd'.icle is equipped wllh di•wheef steer
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TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 05-07
SERIES OF 2005
A RESOLUTION RECOMMENDING DENIAL OF A PUD AMENDMENT TO THE
WILDRIDGE PUD FOR LOT 44, BLOCK
BLOC E, TOWN OF AVON, EAGLE
COUNT
W
HEREAS, Blue Bird Meadow LLC, has applied for an amendment to the Wildridge PUD
to create three (3) single-family lots on Lots 44, Block 2 known as the "Dry Creek PUD",
as more specifically described in the application dated April 29, 2005; and
WHEREAS, after notices required by law, a public hearing on said application was held by
the Planning & Zoning Commission of the Town of Avon; and
HEREAS, said application fails to comply with the PUD criteria set forth in Section
W 17.20.110, which include the following:
a. Conformance with the Town of Avon Comprehensive Plan's_ Goals and Objectives
has not been met as required by 17.20.110H (1).
b. The current Wildridge subdivision did not contemplate development of single-family
dwelling units on the subject property. As proposed, the development of single-family
residences requires a subdivision variance for which the applicant has not met the
hardship guidelines necessary to recommend approval.
c. The function of the proposed shared access relative to the anticipated average daily
trips (ADT) creates access and circulation problems for future residents of these
properties if approved as submitted.
NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission
hereby recommends denial of the application for an amendment to the Wildridge PUD to
rezone Lot 44, Block 2 from fourplex zoning for an existing total of four (4) dwelling
units to three (3) dwelling units on three (3) single-family lots (Lots 1, 2 and 3),
reducing one (1) development right, as more specifically described in the application
dated April 29, 2005.
ADOPTED THIS 21st DAYOFJune, 1005
Signed:
Date:
Chris Evans, Chairman
:Attest:
Date:
Phil Struve, Secretary
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3:
Staff Report ,r
SPECIAL REVIEW USE AV O xl
C O L O R A D O
July 5, 2005 Planning & Zoning Commission meeting
Report date June 23, 2005
Project type Special Review Use (SRU) Permit
Legal description Lot 45C, Block 2, Wildridge Subdivision
Zoning Planned Unit Development (PUD)
Address 2520C Old Trail Road
Introduction
Jennifer Mach is proposing to relocate her home daycare business from Lot 45B - a
duplex unit - to the adjacent single-family property (Lot 45C) at 2520C Old Trail. The
business has been operating since original approval in March of 2002 in the neighboring
duplex building.
The request is for a daycare with a maximum of six (6) children allowed at one time
(exclusive of the applicants two children), with the ability to care for up to two (2)
children after school hours. The operation is proposed from 8:00am — 5:30pm'with
Saturday service by special arrangement.
Criteria for Review
According to section 17.48.040 of the Avon Municipal Code, the Planning & Zoning
Commission shall consider the following criteria when evaluating an application for a
Special Review Use permit:
1. Whether the proposed use otherwise compiles with all requirements Imposed
by the zoning code.
This use appears to comply with all other requirements of the Zoning Code, and
would be considered a'Home Occupation.' A'Home Occupation', as defined in
Section 17.08.360 of the Town Zoning Code, includes any activity conducted and
meant to produce income.
A 'Home Occupation' is not an enumerated allowed use for the property; therefore, a
Special Review Use permit is required to operate this use in this zone district.
Parking should not be affected since this use proposes drop offs and no long term
parking. Staff has observed drop off parking to average a few minutes in duration.
Town of Avon Community Development (970) 9494280 Fax (970) 949.5749
Lot 45C, Block 2, Wildridge Subdivision, Special Review Use Permit for Child Day Care
July 5, Planning & Zoning Commission meeting Page 2 of 4
2. Whether the proposed use is in conformance with the Town Comprehensive
Plan.
There are goals and policies that can be applied to this application. The policies and
goals in the Comprehensive Plan set the vision for the Town and provide a direction
from which all planning decisions are made.
Policy A1.8 states, "home occupations that reduce commuting by residents and do
not negatively impact other residents, should be encouraged." Staff anticipates that
some of the families to utilize this service reside in Wildridge and would thus result in
shorter trips without driving down to the valley floor for drop offs and pickups.
This land -use can be considered a community service and consistent with Policy
DI X which states that the Town should "encourage development of neighborhood
and community based day care facilities." There are no other day care facilities
currently operating in the Wildridge Subdvision.
3. Whether the proposed use is compatible with adjacent uses. Such
compatibility may be expressed in appearance, architectural scale and
features, site design and the control of any adverse Impacts including noise,
dust, odor, lighting, traffic, safety, etc.
Compatibility with adjacent residential properties must be reviewed carefully with this
application. Staff received a letter from a neighboring property owner stating their
concerns. This letter is attached to this report (Exhibit B) for your consideration.
No changes to the building's appearance or architecture are required to operate this
business. There is a designated fenced play area provided (required by state
license) and supervised outdoor time is spent on the driveway as well. A site plan is
attached to this report (Exhibit A) demonstrating the site design and how drop offs
will be handled at the new location.
The previous permit issued for this use was approved with the condition that "drop
off and pick-up of children is required to be staggered at 10 minute intervals, and
client parking during this time may not block or otherwise interfere with the access to
Unit A and future duplex." The attached letter indicates that staggering of vehicles
did not happen and that their (neighbors') access has been obstructed in the past.
Staff would ask that the applicant be prepared to discuss at the hearing the plans to
mitigate this access concern while providing a safe area for the children on the
driveway.
4. That the granting of the special review use requested provides evidence of
substantial compliance with the public purpose provisions, as outlined In
Section 17.28.085 of the Avon Municipal Code:
A. The application demonstrates a public purpose which the current zoning
entitlements cannot achieve.
There is demand for home daycare, a community amenity, in Avon and
Wildridge. The Wildridge PUD is predominately residential with each property
assigned and permitted a specific number of 'dwelling units.' Since the Wildridge
of Avon Community Development (970) 748.4030 Fax (970) 949.5749
Lot 45C, Block 2, Wildridge Subdivision, Special Review Use Permit for Child Day Care
July 5, Planning & Zoning Commission meeting Page 3 of 4
PUD does not specifically allow home daycare, a SRU permit and departure from
the current entitilements is required to operate in this location.
B. Approval of the zoning application provides long term economic, cultural
or social community benefits that are equal to or greater than potential
adverse impacts as a result of the changed zoning rights.
Staff believes that if the applicant can -maintain a safe access to the neighboring
duplex property without obstructing vehicle traffic, there are social benefits that
outweigh the potential adverse impacts that could result from this use.
C. The flexibility afforded in approval of the zoning application will result in
better siting of the development, preserving valued environmental and
cultural resources, and increasing the amount of public benefit consistent
with the community master plan documents.
If located in a residential area day care operation may be more appropriate in a
single-family residence in lieu of multi -family or duplex developments', which
share a common wall.
Discussion
This application appears to be supportable by staff if consent from current and future
owners can be received from the properties that share the common driveway. In 2001
the Town Council amended the requirements for SRU permits sought for home
occupations and/or child day care use. Section 17.48.060 from the Municipal Code,
which outlines special rules governing SRU permits for child day care in duplex and
multifamily dwelling units, is attached for your review.
Although not'multifamily' by.definition, Lots 45A, B, & C act in very much the same way
since there is shared access and the close citing and proximity of the two structures.
Additionally, the proposed use is located in a single-family residence that has
entitlements to build an additional dwelling unit in the future.
While there is a large demand in the community for child daycare service, there are
potential impacts that can and have been experienced with daycare service in
residential areas. In order to avoid creating an attractive nuisance and with the ability to
maintain consent from any directly affected neighboring owners, staff feels that this
application will benefit the community by providing a much needed service.
Staff Recommendation
Staff recommends conditional approval of this application.
Recommended Motion
"I move to approve Resolution 05-08 to operate a child day care land use on Lot 45C,
Block 2, Wildridge Subdivision subject to the following conditions to be fulfilled and
maintained throughout the life of the permit:
Community Development must receive written consent of all owners of
property that share the common access or common wall with the property
owned by the applicant.
Town of Avon Community Development (970) 748.4030 Fax (970) 949.5749
Lot 45C, Block 2, Wildridge Subdivision, Special Review Use Permit for Child Day Care
July 5, Planning & Zoning Commission meeting Page 4 of 4
2. Access may not be obstructed to owners of property that share common
access or a common wall with Lot 45C.
3. No more than six (6) infants or toddlers exclusive of the applicant's two (2)
children are allowed at any given time.
4. A State of Colorado license for infant and toddler day care must be
maintained.
5. A Town of Avon Business License must be maintained.
If you have any questions regarding this or any other project or community development
issue, please call me at 748-4030, or stop by the Community Development Department.
A copy of the complete SRU application is available for review during normal business
hours in the office of Community Development.
Respectfully submitted,
Matt Pielsticker
Planner I
Exhibit A- Site Plan for Lot 45C
Exhibit B- Letter from Andre de Lucinges (Lot 45A) - dated June 14, 2005
Exhibit C- Facsimile response to Public Notice from Jim Benson (Lot 42, Block 2, WR)
Exhibit D- Municipal Code Section 17.48.060
Town of Avon Community Development (970) 748.4030 Fax (970) 949.5749
Exhibit'A'
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BENCHMARK:
TOP OF RED PLAS
KKBNA/SW EL= 8(
Exhibit'B'
June H. 2005
Town of .\yun
Planning Contntissinn Office
Conununity Development Department
RE: Special review use changes
I lame Occupation: Day Eire
Lot 45 Block 2
Wildridge Subdivision
2520 OlLI Trail Gulch Road Unit C
To Whom It May Concern:
We are writing this letter to advise you of the following problem regarding the Day Care of Nis.
Jennifer Mach.
When I read the conditions fisted on your special review use renewal dated February 19, 2003, I
would Eke to know that those conditions are being followed and upheld by the entity issuing the
license without myself or my wife having to police the situation.
1. Item # 2: Drop off, staggered, this is not happening. Every time I come home early, I find a
vehicle parked in my driveway and more than I parent picking up children, then they would
stay and chat with each other.
2. Item # 3: On multiple occasions I counted as many as 9 children.
3. Item # 5: I would Eke to be sure that in fact they are licensed by the state.
4. Item # G: I would hope that you (the town) have issued such a license.
Additionally, the children have spilled over to our property regularly, they are all over our
driveway and in the way of us getting to our property, and we basically have to wait for them to
move away. Needless to say their toys are all over the place and I have driven over some that I
could not see, just imagine if this would have been n child. I will not be held responsible if an
accident occurs. The Town of ikon must enforce its conditions of Approval themselves and
not put this on the neighbor to play police & whistle blower.
Sin erely,
G� EG
.\ndre de Lucinges
RECEIVED
-juiV 14 2005
J."). n„x 52:.1
25:,, 1aja a„tt, Community Development
Blue Foam Insulation
/J/ ex I
TO: Whom it May Concern
TF' :970-949-7900 JUd 24 U5 11:u5 NO.UU1 r.ui
Li -pw A A. Exhibit 'C'
NOTICE OF PUBLIC HEARING
You are hereby notified pursuant to provisions of Section 17.12.100 of the Avon Municipal Code that a Public Hearing
on a Special Review Use (SRU) permit will be held and considered at the meeting of tho Planning and 7oning
Commission of the Town of Avon on July 34.200S at 5:30 PM in the Avon Municipal Complex, 400 Benchmark
Road, Avon, Colorado, at which time and place you are hereby invited to be present and be heard.
APPIJCANT:
PROPERTY OWNER:
LEGAL DESCRIPTION OF PROPERTY:
ADDRESS OF PROPERTY:
DESCRIPTION OF APPLICATION
UNDER REVIEW:
DEADLINE:
.nom
I'UIIILY�CREVIEW:
JIIA/(
3�1's wl�dr;�
Allkk
Jennifer Mach N01
PO 13ox 16195
Avon, CO 81620
Bob & Jennifer Mach
Lot 45C, Block 2, Wildridge Subdivision
2520C Old Trail Road
A request for a SRU permit to allow for a childrens daycare at
a single-family home on Old'frail Road. The applicants have
held a permit for this use since original approval on March 5,
2002 in the adjacent duplex property.
If you wish to be heard on these matters, you may appear
personally or by designated agent at the public hearing on
Tuesday, July 5, 2005OR you may filo a written statement
with the Recording Secretary, Town of Avon, P.O. Box 975,
Avon, Coloradn 81620. In order to be considered by the
Planning and Zoning Commission, such written statement
must be received in the Town offices no later than 4:00 PM,
Tuesday, &h S. 2005.
A copy of the proposed SRU application is available in the
Community Development Office for review during regular
business hours by the public. Sign up to receive meeting
agendas at www.avon.ora. For further information, call
970.748.4030.
91a yy17601
POSTED AT THE FOLLOWING PUBLIC PLACES WMHN THE TOWN OF AVON:
• MAIN LOBBY, AVON MUNICIPAL. COMPLEX
• MA1N LOBBY, AVON RECREATION CENTER
• MAIN LOBBY, ALPINE BANK
• AVON CITY MARKET
Mailed and posted onlona 17 by A. Eftn '
TuesdtJ'•
6/a3/off
Exhibit'D'
Zoning— Special Review Use
b. Phases in which the project may be
developed and the anticipated rate of
Section 17.48.030
17.48.050 Amendments to special review use
permit.
development, No approved special review use may be modi-
c. The date of completion of the project; fled, structurally enlarged or expanded in ground
area, unless such modification, enlargement or
(6) Any agreements, provisions or cove- expansion receives the prior approval of the Plan-
nants to be recorded; ning and Zoning Commission, which shall he
obtained by repetition of the granting procedures
(7) Restoration or reclamation plans shall 's Chapter. (Ord. 91-10 § I (part))
be required for all uses requiring extensive
ing, for extractive uses and may be re d for 17.48.060 S tial rules governing special
other uses as necessary; review use permit for home
occupation/child day care home in
lli
(8) A statement regarding any provisions
for proper ongoing maintenance of the use and
site which shall be provided;
(9) Any additional materials, which, in the
opinion of the administrator, are necessary to
adequately review the application. (Ord. 91-10
§1(part))
17.48.040 Criteria for review,
recommendation and approval of
special review uses.
The staff and the Planning and Zoning Commis-
sion shall consider the following criteria when
evaluating an application for a special review use
permit.
(1) Whether the proposed use otherwise
complies with all requirements imposed by the
zoning code;
(2) Whether the proposed use is in confor-
mance with the Comprehensive Plan;
(3) Whether the proposed use is compati-
ble with adjacent uses. Such compatibility may
be expressed in appearance, architectural scale
and features, site design and the control of any
adverse impacts including noise, dust, odor,
lighting, traffic, safety, etc. (Ord. 91-10
§ l(part))
Supp. 3
duplex and multifamily dweng
units.
(a) The provisions of this Section apply in
cases in which a special review use permit is
sought for a licensed child day care home as a
home occupation within a duplex or multifamily
dwelling unit where the occupants of such dwelling
units share a common wall.
(b) When a special review use permit is sought
for a licensed child day care home as a home
occupation within a duplex or multifamily dwelling
unit where the occupants of such dwelling units
share a common wall, in addition to the submittal
requirements set forth in Section 17.48.030, the
applicant shall also submit to the Department of
Community Development the following:
17-54
(1) in the case of an applicant living in a
duplex dwelling unit, the applicant shall submit
the, written consent of the owner of the
neighboring unit within the duplex to a licensed
child day care home.
(2) In the case of an applicant living in a
multifamily dwelling unit (including a
condominium), the applicant shall submit the
written consent of all the owners of property
which share a common and adjoining wall with
the property owned by the applicant to a
licensed child day care home.
Zoning — Special Review Use
(c) Once a special review use permit has been
granted for a licensed child day care home as a
home occupation within a duplex or multifamily
dwelling unit, notwithstanding Section 17.48.020,
there shall be no requirement that the special
review use permit is valid only so long as the con-
sent given as provided by Subsection (b) hereof is
maintained. in the event a consent given as pro-
vided by Subsection (b) is withdrawn after a special
review use permit has been granted, the Town will
review the use and in its discretion decide whether
to continue to permit the use in accordance with the
criteria set forth in Section 17.48.040. No special
review use permit for a licensed child day care
home as a home occupation issued pursuant to this
Section will be cancelled by the Town based solely
upon the withdrawal of consent as provided in Sub-
section (b) hereof; and, in cases where the consent
provided for herein has been withdrawn, no special
review use permit issued pursuant to this Section
shall be cancelled unless a hearing has been held on
the issue of the cancellation of the use (unless the
holder of the special review use permit waives enti-
tlement to a hearing). (Ord. 01-13 §0
1750
17.50.010 Accessory
Accessory buildings and uses shahbe permitted
in every zone district.
(1) An accessory building is de ed as a
subordinate building, the use of hich is
customarily incidental to that of t principal
building or to the principal use a land and
which is located on the sam of or parcel with
the principal building or e. Accessory build-
ings shall not be provi d with kitchen or bath
facilities sufficient to ender them suitable for
permanent residential cupancy. Approval of
the Planning and Zo 'ng Commission and a
building permit is required.
Section 17.48.060
(2) An accesso se isone that is natu-
rally and normally incide al to, subordinate to
and devoted exclusively to t principal use of
the premises, and does not c ge the basic
character thereof, as determined b 'is principal
use. (Ord. 91-10 §1(part))
17.50.020 Measuring building area for
building area ratio.
(a) in measuring buildin a purpose
of calculating buil ' area ratio, there shall be
included that within the surrounding exterior
walls (meas d from their exterior surface) of a
building or rtion thereof. The building area of a
building o portion thereof shall include all exterior
walkways, terraces, courts, stairways or other con -
of a
structed as under a horizontal projection
roof or floor bove.
(b) Garage hall not be included in building
area ratio calcula ' ns to the extent they do not
exceed the following NQare footage limitations:
One car garage: ur hundred (400)
sq feet maximum
Two -car garage: six h (600)
' square fftt maximum
Garage square footage in excess oft se square
footages shall be included in building ratio
calculations.
(c) Decks which are above grade an are
uncovered and which extend out from the enc sed
space of the structure shall be included in bolding
area ratio calculations to the extent fty per-
cent (50%) of such decks shall calculated; decks
which do not exceed heig astrictions established
in this zoning code an hich are constructed on
the roofs of floors bel w shall not be included in
building area ratio cal lations.
(d) Crawl spaceA without windows, suitable
only for storage and n t in excess of four (4) feet in
height, shall not be inc ded in building area ratio
calculations. (Ord. 91-1 1(part))
17-55
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 05-08
A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT
TO OPERATE A HOME DAYCARE BUSINESS AT LOT 45C,
BLOCK 2, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, Jennifer Mach, has applied for a Special Review Use permit to establish a
home occupation for a day care business as described in the application dated June 8,
2005 as stipulated in Title 17.08.360 of the Avon Municipal Code; and
WHEREAS, a public hearing was held and considered by the Planning & Zoning
Commission on July 5,2005; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered
T T the following:
A. Whether the proposed use otherwise complies with all requirements imposed
by the zoning code; and
B. Whether the proposed use is in conformance with the town comprehensive
plan; and
C. Whether the proposed use is compatible with adjacent uses; and
D. That the granting of the special review use requested provides evidence of
substantial compliance with the following public purpose provisions:
The application demonstrates a public purpose which the current
zoning entitlements cannot achieve.
2. Approval of the zoning application provides long term economic,
cultural or social community benefits that are equal to or greater than
potential adverse impacts as a result of the changed zoning rights.
3. The flexibility afforded in approval of the zoning application will result
in better siting of the development, preserving valued environmental
and cultural resources, and increasing the amount of public benefit
consistent with the community master plan documents.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of
the Town of Avon, Colorado hereby approves a renewed Special Review Use for a day
care home occupation as described in the application dated June 8, 2005 as stipulated in
Title 17.08.360 of the Avon Municipal Code for Lot 45C, Block 2, Wildridge
Subdivision, Town of Avon, Eagle County, Colorado based upon the following findings:
1. That the proposed use otherwise complies with all requirements imposed by the
Zoning Code.
2. That the proposed use is in conformance with the Town Comprehensive Plan.
3. The proposed use is compatible with adjacent uses.
4. The application demonstrates a public purpose which the current zoning entitlements
cannot achieve.
5. Approval of the zoning application provides long term economic, cultural or social
community benefits that are equal to or greater than potential adverse impacts as a
result of the changed zoning rights.
6. The flexibility afforded in approval of the zoning application will result in better
siting of the development, preserving valued environmental and cultural resources,
and increasing the amount of public benefit consistent with the community master
plan documents.
Subject to the following conditions:
1. Community Development must receive written consent of all owners of property
that share the common access or common wall with the property owned by the
applicant. The permit will void if consent is not maintained.
2. Access may not be obstructed to all owners of property that share common access
or a common wall.
3. No more than six (6) infants or toddlers exclusive of the applicant's two (2)
children are allowed at any given time.
4. A State of Colorado license for infant and toddler day care must be maintained.
5. A Town of Avon Business License must be maintained.
6. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in
public hearing(s) shall be adhered to and considered binding conditions of
approval.
ADOPTED THIS 5th DAY OF JULY, 2005
Signed:
Terry Smith, Vice Chair
Attest:
Phil Struve, Secretary
Date:
Date:
F.•IPlanning & Zoning CommLalonlRuolallant120051Ru OS -08 L45C 82 JYR child mrt SRU.doc
'Memo
To: Planning and Zoning Commission
r
From: Eric Heidemann, Senior Planner '
Date June 29th, 2005
C O L O R A D O
Re: Final Design for Lot 12, Block 2, Benchmark at Beaver Creek
Subdivision/540 Beaver Creek Blvd.
Summary:
The above referenced Final Design application was tabled at the June 6t' and June 21St,
2005 Commission meetings to allow time for new Commission members to familiarize
themselves with the application and to allow the applicant time to respond to direction given
relative to massing and scale of the proposed development. Since the last meeting, the
applicant has submitted a letter (see attached) requesting approval of the Final Design as
previously submitted. The applicant contends that the proposal meets the minimum zoning
standards and complies with the Design Guidelines given the previous adjustments to the
proposal.
Discussion:
As stated in the applicant's letter, the project does meet the minimum zoning standards
(density, height, lot coverage). However, staff continues to have concerns that were
discussed during previous Sketch and Final design Review. In summary, it appears that the
project has been stretched both vertically (to the maximum height limit) and horizontally
(setback to setback) in all areas resulting in disproportionate building massing relative to the
site and surrounding properties. The disproportionate mass and height of the proposed
project appears to be out of scale with the surrounding properties along the Nottingham
Park residential area.
Some of the previous comments from Commissioners include an appreciation for the design
of the building but expressed concern regarding the "maxing out of the site." Concerns were
also expressed about creating a wall around the park and the potential for setting a
precedent for future developments in this area.
Staff Recommendation
Staff developed a 'modified approval' recommendation during final design review, which
was contingent on the buildings being consolidated into a single footprint- effectively
bringing a revised final design back to the Commission for further review- to reduce the
disproportionate nature of the massing.
It was our goal to engage both the Commission and the applicant in a discussion that
would result in a single building footprint of proportionate scale and massing. In
response, the applicant has suggested that revised proposal reviewed at the June tit'
meeting was sufficiently proportionate in both scale and massing.
Memo to Planning and Zoning Commission, June V', 2005 Page 1 of
Lot 12, Block 2, Benchmark at Beaver Creek Subdivision Final Design
It is our opinion that the proposal has not been sufficiently scaled back after extensive
discussion and deliberation with both staff and the Commission, and we therefore
recommend denial of this application at this time.
Should the Commission reject the proposal, we would ask that you provide the applicant
with specific areas of concern and base the denial on the design review considerations
provided in the staff report (Criteria 1 through 7) dated June 6, 2005.
Attachments:
A. Letter from Applicant dated June 301", 2005
B. Final Design Staff Report to the Planning & Zoning Commission - dated June 7"',
2005.
C. Sketch Design Staff Report to the Planning & Zoning Commission - dated February
8d', 2005.
Memo to Planning and Zoning Commission, June 21P, 2005 Page 2 of
Lot 12, Block 2, Benchmark at Beaver Creek Subdivision Final Design
})
5-30-05; 9:25AM;0AVIS PARTNERSHIP
June 30, 2005
Town of Avon
Planning and Zoning Commission
Post Office Box 975
Avon, CO 81620
Dear Mr. Chairman:
;9709285981
RECEIVED
JUN 3 0 2005
Community Development
On behalf of my client, Daniel Ritsch with Creekside Development,
would like to ask for approval, or approval with defined conditions, on the
final design application for Lot 12, Block 2, Benchmark at the Beaver
Creek Subdivision. The following is an abbreviated account of where we
believe we stand with the proposal and some of the changes made to
appease both Staff and the Planning Board.
It is important to first mention we have met the requirements of the Town
of Avon Zoning Code. This is to say the density, height limits, building
coverage, and landscape requirements have all been met with the
submittal proposed. Although there is a slight setback encroachment in
the current submittal, we agreed In the June 7"' meeting we would be able
to adjust the triplex building (by pulling the roof overhangs out of the
setback) and therefore meet setback limits of the zoning code. This
adjustment will be made as one of the conditions of approval. it is also
important to note there are buildings within the same zone district to the
east of this site that have five and six stories and they have built to the
extent of their sites. Our proposal only expresses up to 4 stories on any
elevation, and we have not utilized up to three stories of mass envelope
that could be built on the south portion of the site, facing Nottingham
Lake.
The following are some of the more significant changes made since
the first sketch plan review. We had initially discussed the
possibility of either one building or two on the site and the overall
majority felt the two building scheme allowed the southern most
building to relate to the neighbors and avoid the appearance of one
large building from the lake and walking path. We, therefore,
moved forward with the two building scheme and altered the angle
of the south duplex to relate to the adjoining properties. We then
were asked to modify the south building to a triplex because
duplexes are not allowed in this zone district. We then modified the
duplex to a triplex. While making this adjustment we also reduced
the ridge height of the south building by six feet. This height was
taken out of the second floor roof by adjusting the roof plate heights
Davis Forinurhip P.C., ArchilWsI Denver Offin: 2301 Bloke Street - Sells 100 Denver Colorado 80205.2108 303.861.8555 Fars 303.861.3027
Voll OFfln: 0225Main Sinai -Unil C 101 Edwards Colorado 81632 970.926.8960 Foe 970.926.8961
# 2/ 3
:970B2B8981 O 3/ 3
and by lowering the floor level heights. This was all done In
response to the planning board comments and on our sensitivity to
the neighbors to the west. We also reduced the size of the fourth
floor penthouse unit on the north most building and pulled the
north-west and north-east roofs back thereby reducing the mass of
the building on the north elevation, "stepping down" toward east
and west property lines. In addition to this change we removed
more mass from the north-east corner to allow the larger building to
relate more closely to the existing Alpenflora condominium project.
These changes are only a small list of the overall changes made to
the proposal but they more clearly define the adjustments made to
the overall mass of the project.
We believe we have worked In concert with the planning staff to provide a
quality project that meets the intent of existing zoning. We respectfully
ask for your review, direction and approval of this project.
Sincerely,
Z
is P hip,
Scott Nevin, AIA
Associate Principal
P.C. Architects
ti!
W,
ti
Staff Report
Final Desi
i�I'
A 4 V
nC 0 L 0 6 A D 0
June 6, 2005 Planning & Zoning Commission meeting
Report date June'1, 2005
Project type Multi -family
Legal description Lot 12, Block 2, Benchmark at Beaver Creek
Subdivision
Zoning Residential High Density - RHD
Address 540 Beaver Creek Blvd.
Introduction
The applicant, Davis Partnership Architects, is proposing a multi -family project consisting
of 13 residential units. The proposal includes a multi -family building (24,193 sq. ft.) with
10 dwelling units and a triplex building (9,643 sq. ft) containing 3 units. The subject
property measures .69 acres and is zoned RHD (Residential High Density). The RHD
zoning category permits a maximum density of 20 units per acre, which according to the
lot size permits a total of 13 dwelling units. The proposed building height measures 59'
11" and has a maximum lot coverage of approximately 48%.
The proposed building materials include a combination of stone veneer and wood siding,
colored metal clad windows, and a shingled roof. The architectural style incorporates an
alpine style design that features walkouts on all three levels, roof ridgelines and wall
planes on each elevation that appear to be broken up by the use of different materials
and interrupted architectural features. Both the design and the quality of the proposed
materials would blend well with the surrounding properties. Staffs primary concern is the
scale and massing of the project, which was also of concern during the Sketch Plan
application.
As submitted, the project fails to meet the minimum side yard setback requirements for
both proposed buildings. The extent of the encroachment is relatively minor
(approximately 2.5 feet) but must be resolved prior to building permit application.
Although the application meets all other minimum zoning standards (density, height, lot
coverage), it appears that the project has been stretched both vertically (to the maximum
height limit) and horizontally (setback to setback) in all areas resulting in
disproportionate building massing relative to the site and surrounding properties. The
disproportionate mass and height of the proposed project appears to be out of scale with
the surrounding properties. The proposed structures are greater in both mass and scale
than any other project along the Nottingham Park residential area. The existing pattern
of development is typically two—three story "alpine" style development oriented along the
park frontage with maximum views.
Town urAvon Community Development (970) 7484030 Fax (970)
Lot 12, Block 22 OMB( t•inal Design Beaver Creek Vista
June 6.2(x15 Planning & Zoning Commission meeting Page 2 of 5 }
Staffs recommendation during Sketch Plan review was to permit only one building
footprint on this site as the massing of the project was excessive and did not. warrant the
inclusion of a separate building. However, simply shifting the units from the tri-plex
building into the main building will not solve massing and scale issues, but careful
consideration should be given to development of a project consistent with that of the
neighboring properties..
Background
Previous owners of Lot 12 obtained final design approval from the Town of Avon in
1998, but the final design approval has since lapsed and the property is under new
ownership. In May 1998, the Planning and Zoning Commission denied a final design
application for Lot 12 based upon the following finding: (1) the project's massing, height
and architecture are incompatible with the surrounding residential neighborhood. The
applicant revised the final design plans and the project was approved in July 1998. Staff
mentioned the 1998 final design application because there may be similar issues the
Commission may want to address with this application as with the 1998 application (see
attached 1998 Staff reports). It appears that massing, height and architecture were the
major issues with the 1998 plans. By comparison, the 1998 project contained 13 units
within one building with a lot coverage of 38%. It is also important to note that the
structure proposed in 1998 was 6 stories in height.
The most recent application for Sketch Plan review was heard on April 5"', 2005 before
the Planning and Zoning Commission. The Commission discussion included massing,
parking, landscaping, and building height. In general, the Commission appeared to
view the project favorably with respect to these discussion items.
Design Review Considerations
According to the Town of Avon Residential. Commercial. and Industrial Design Review
Guidelines, Section 7, the Commission shall consider the following items in reviewing
the design of this project:
1. The conformance with setbacks, massing; access, land use and other
provisions of the Town of Avon Zoning Code.
• Allowed use: The proposed 13 unit multi -family project is in conformance with the
RHD zoning category, which allows for a total of 20 dwelling units per acre.
• Setbacks: According to the site plan, both structures appear to encroach into the
minimum side yard setbacks. The most notable encroachment is approximately
2.5 feet located on the western elevation of the southern building. 'The applicant
will be required to revise the site plan prior to building permit application or apply
for a variance to the minimum side yard setback.
Easements: The proposal complies with existing easements.
• Euilding Height: The proposed maximum building height is approximately 59' 11"
(northern building), which is less that the maximum allowable of 60'. Staff has
advised the applicant that an ILC survey demonstrating compliance with the
maximum building height will be required prior to the issuance of building
permits. 00
Town orA%on Community Development (970) 7484030 Fax (970) 949-5749
A
Lot 12. Block 3. Bibb, Final Design Beaver Creek Vista
June 6. 2005 Planning & Zoning Commission meeting Page 3 of 5
NParking: The applications meets the minimum 30 spaces required with 34
provided. The Avon Municipal Code 17.24.020 (c) states that for multifamily
buildings and townhouses, two spaces are required per dwelling unit of more
than one bedroom with an additional 4 spaces required for multi -family project up
to 15 units. Therefore, the number of required spaces required is 30 spaces.
• Snow Storage: It appears that the minimum snow storage area has been
adhered too. The applicant has provided 1,415 square feet of snow storage
area, which meets the minimum 20% of impervious surface area. requirement.
• Landscaping: The landscaping requirements in the RHD zone district require a
minimum of 25 percent of the site to be landscaped. The applicant is proposing
to landscape 26 percent of the lot. According to the Site/Landscaping Plan
(Sheet L2.0), the applicant has made an effort to place the required landscaping
in areas to screen the proposed building(s) frorri adjacent properties.
2. Whether adequate development rights exist for the proposed Improvements.
There are adequate development rights for these improvements.
3. The final design plan is in compliance with all sketch plan approval criteria and
with all final design plan submittal requirements.
• Site Development:
o Site Design: The proposed buildings and improvements appear to be
designed and sited to conform to the natural terrain by terracing the
buildings to take advantage of views.
o Site Access: Access to the proposed project would be provided with a 24'
wide drive. Adequate maneuvering for all vehicles on site appears to
have been provided along with satisfactory width and grades.
o Parking and Loading: As stated, a total of 34 spaces have been provided
(24 underground and 10 above ground). It is important to note that this
application was received and accepted as complete prior to the recent
amendments to the zoning code relative to minimum setback
requirements. Therefore, the 10' setback from the right-of-way for the
underground parking structure is in compliance with the zoning code at
the time the application was received.
o Drainage: Adequate grading plans will be required to demonstrate that
drainage is functional on a building site. The builder is responsible for
preventing erosion of the site both during construction and after the
project is complete. Grading plans must adequately demonstrate positive
drainage away from building structures, and positive drainage is
inspected during construction for compliance to the plans.
o Sidewalks: No new sidewalk is proposed with this design application.
o Exterior Walls, Roofs, and Architectural Interest•. This design is in
compliance with the Design Guidelines. All roofs have a rise of no less
than 4 -inches in 12 -inches of distance. Primary roofs have an 8:12
minimum pitch with secondary roofs having a 4:12 minimum pitch.
Projections such as deep eaves, overhangs, canopies, and other features
that provide architectural interest are encouraged. Fenestration has been
articulated on large exterior walls to break up massing.
Town orAwm Cummuniry Development (970) 7484030 Fax (970) 949.5749
Lot 12, Bluck 2, BMBC Final Design Beaver Creek Vista
June 6, 2005 Planning & Zoning Commission meeting Page 4 of
?
o Outdoor Lighting: The application includes a lighting plan featuring
twenty-nine (29) (fully recessed) fixtures that would be wall mounted
throughout the development. The applicant has submitted a lighting cut
sheet(s) for the proposed lights. It appears that all cut sheets are in
compliance with the Town's Outdoor Lighting Ordinance. However, staff
would ask the applicant to clarify which of the light cut sheets correspond
to the proposed locations.
4. The compatibility of proposed Improvements with site topography, to minimize
site disturbance, orient with slope, step building with slope, and minimize
benching or other significant alteration of existing topography.
Site disturbance must be contained to the site. The site has a gentle existing slope
down towards the building from the vehicle entrance location.
5. The appearance of proposed improvements as viewed from adjacent and
neighboring properties and public ways, with respect to architectural style,
massing, height, orientation to street, quality of materials, and colors.
The proposed improvements would be highly visible from Beaver Creek Boulevard.
6. The objective that no improvement be so similar or dissimilar to others in the
vicinity that monetary or aesthetic values will be Impaired.
No monetary or aesthetic values should be impaired with this design application.
7. The general conformance of the proposed Improvements 'with the adopted
Goals, Policies and Programs for the Town of Avon.
This project appears to be in general conformance with the adopted Goals and Policies
for the Town of Avon.
Staff Recommendation
Staff reccmmends modified approval of the Final Design Application. Staff maintains the
recommendation developed during Sketch Plan review, which was the development be
limited to a single building footprint due to the disproportionate nature of the combined
massing of both proposed structures. The single building footprint should be consistent
in terms of scale and mass with the surrounding properties. The following issues must
be addressed prior to a building permit submittal:
1. The proposed development shall demonstrate compliance with all setback
requirements prior to building permit application.
2. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in
public hearing(s) shall be adhered to and considered binding conditions of
approval.
If you have any questions regarding this project or any planning matter, please call me at
748400£, or stop by the Community Development Department.
Respectf subr9itt ,
eicemann
Senior Planner
Town ul'A%-0 Community Development (970) 748-0030 Fax (970) 949.5749
;•1
•
s
Lot 12, Bleck 2, BhIBC Final Design Beaver Creek Vista
June 6, 2tu15 Planning & Zoning Commission meeting Page 5 of 5
Attachments:
1. April 5t°, 2005 Sketch Plan Staff report
Town of A% on Community Development (970) 748AO30
SA. , R AS
OIZIGII%,7A L
Fax (970) 949-5749
Staff Report
Sketch Desi
AVO N
n. CO t.n R A D
April 5, 2005 Planning & Zoning Commission meeting
Report date March 29, 2005
Project type Multi -family
Legal description Lot 12, Block 2, Benchmark at Beaver Creek
Subdivision
Zoning Residential High Density - RHD
Address 540 Beaver Creek Blvd.
Introduction
The applicant, Davis Partnership Architects, is proposing a multi -family project consisting
of 13 'whole ownership" units. The subject property measures .69 acres and is zoned
RHD (Residential High Density). The proposal includes a multi -family building with 11
dwelling units and a duplex building containing 2 units for maximum lot coverage of 41%.
The RHD zoning category permits a maximum density of 20 units per acre, which
according to the lot size permits a total of 13 dwelling units. Although the proposal is
within the allowable density requirement, RHD is intended for multi -family dwellings,
which is defined as 3 units or greater. Therefore, the applicant would need the
Commission to clarify whether the detached duplex building constitutes a multi -family
project. The Commission has the authority to make a determination in accordance with
section 17.16.020 of the Municipal Code (Determination of Uses).
The proposed building materials appear to be of high quality and the building design is
similar to the neighborhood's "alpine" character. Staff does not have any significant
issues with the building materials or architectural style.
Background
Previous owners of Lot 12 obtained final design approval from the Town of Avon in
1998, but the final design approval has since lapsed and the property is under new
ownership. In May 1998, the Planning and Zoning Commission denied a final design
application for Lot 12 based upon the following finding: (1) the project's massing, height
and architecture are incompatible with the surrounding residential neighborhood. The
applicant revised the final design plans and the project was approved in July 1998. The
revisions include the following:
• Reduction of massing and height. The number of stories has been reduced from
five (six including the garden level) to three (four including the garden level).
• Vertical steps in the south elevation further reduce the project's massing.
• Reduction of building footprint area by 3,000 square feet.
• Increased compatibility with adjacent projects in terms of materials and a
reduced amount of glazing on the south elevation.
Town of Avon Community Development (970) 7484030 Fax (970) 949-5749
Lot 12, Block 2. BMBL Sketch Design Beaver Creek Vista
April 5, 2005 Planning & Zoning Commission meeting Page 2 of 3
Staff mentioned the 1998 final design application because there may be similar issues
the Commission may want to address with this application as with the 1998 application
(see attached 1998 Staff reports). It appears that massing, height and architecture were
the major issues with the 1998 plans.
Staff Comments
The design of the proposed multi -family proposal appears to generally 'conform to the
Town of Avon Residential. Commercial. and Industrial Design Review Guidelines. The
proposed building height appears to be consistent with the residential design guidelines.
The maximum building height of the structure measures approximately 57 feet, which is
less than the maximum allowable of 60 feet. The maximum lot coverage of 50% has
been adhered to with a proposed lot coverage of 41 %.
According to the Municipal Code, "multi -family" is defined as being 3 units or greater.
Although the overall number of units exceeds 3 units, the applicant needs the
Commission to determine if the detached duplex units meet this criterion. In light of the
definition of multi -family and whether or not the Commission determines the duplex
building is a permitted use, staff would ask the applicant to demonstrate to the
satisfaction of the Commission whether the detached duplex building is necessary and if
the two units could be incorporated into the main building. Removing the duplex building
footprint would decrease the amount of site disturbance and may preserve a larger view
corridor for adjacent properties. Although the site coverage for the proposed two
buildings is under the maximum allowable of 50 percent, Staff recommends only one
building footprint on this site. The massing of this project as proposed is excessive for
this site, and does not warrant the inclusion of a separate duplex building.
The applicant is proposing a total of 33 parking spaces to accommodate the 13
residential units. The parking calculations provided on the cover sheet appear to be
incorrect. Avon Municipal Code 17.24.020 (c) states that for multifamily buildings and
townhouses, two spaces are required per dwelling units of more than one bedroom. The
1.5 spaces listed for the two bedroom units apply to an accommodation unit rather than
a dwelling unit. Therefore, the number of required spaces is also 33 spaces and not 32.
It appears that the above ground turn -around area lies within 10 feet of the front property
line. Section 17.240202a.i.d of the Municipal Code states that parking shall be setback
a minimum of 10 feet, including turning movements. The applicant will need to modify
the aboveground parking in order to adhere to this provision. Furthermore, parking
spaces 5-12 located below ground also lie within 10 feet of the front property line. Staffs
preference would be to relocate those spaces a minimum of 10 feet from the front
property line. At the last meeting there was discussion between the applicant and the
Commission as to whether underground parking was permitted with the minimum 25'
building setback area. After further review, the Municipal Code clarifies setback
requirements as being measured from "the ground upward." Nonetheless, staff would
recommend adherence to a minimum 10' in this case to avoid any encroachment into
the Town right-of-way.
Staff would also ask the applicant to address provisions for snow storage. The
Commercial Design Guidelines require an area equal to 20% of the total impervious
Town orAvun Community Development (970) 74SA030 Fax (970) 949-5749
Lot 12, Block 2, BMBC Sketch Design Beaver Creek Vista
April 5, 2005 Planning & Zoning Commission meeting Page 3 of 3
surface for snow storage. It appears that the minimum snow storage area has not been
adhered too. This must be demonstrated at the time of final design...
The landscaping requirements in the RHD zone district require a minimum of 25 percent
of the site to be landscaped. The applicant is proposing to landscape 36 percent of the
lot. According to the Site/Landscaping Plan (Sheet 1-1.0), the applicant has made an
effort to place the required landscaping in areas to screen the proposed building(s) from
adjacent properties. However, the Design Guidelines discourage placement of
landscaping with the minimum setback areas. As proposed the landscaping lies with
both side yard setback areas.
The applicant has provided the building footprints on the adjacent properties to
demonstrate the relationship of the proposed development with adjacent properties. To
further demonstrate this relationship, the applicant will provide a model at the meeting as
requested by the Commission.
Staff Recommendation
Staff recommends that the Commission make a determination that the duplex building is
inconsistent with the RHD zoning category based on the inappropriate nature of the
massing proposed for the structures.
Design Review Considerations
The Commission and Staff shall evaluate the design of the sketch plan utilizing the
specific Design Standards, and by using the following general criteria:
A. The conformance with setbacks, massing, access, land use and other
provisions of the Zoning Code.
B. General conformance with Residential Development Sections A through D of
the Town of Avon Residential Commercial and Industrial Design Review
The Commission will lake no formal actio
direction on the design will be given to the
incorporate in the final design application.
n on the sketch plan application. Rather,
applicant from Staff and the Commission to
Staff will provide full plan sets for you to provide written comments and guidance to the
applicant at your April 5 2005 meeting.
If you have any questions regarding this project or any planning matter, please call me at
748-4009, or stop by the Community Development Department.
Respectfully submitted,
Eric Heidemann
Senior Planner
Town ol'Acmn Community Development (970) 74BA030 Fax (970) 949-5749
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The Town and Zoning Board of Avon
To whom it may concern,
7/5/2005
We are writing this letter to you in support of Jennifer Mach and Wildridge T.L.C.
Childcare.Our two year old daughter has been attending this childcare service, this is her
first experience with out of home care and it has been wonderful. Mrs. Mach has a very
well managed and organized space for her service. She is an intelligent and very
approachable person. We feel that any problems that may occur could and should be
discussed with her. She is always willing to discuss situations and to work on a solution .
Mrs. Mach's new home is even more of an ideal space for the children. There is a closed
in play yard that the children play in two times a day (weather permitting). The home is a
single family with a great deal of parking of it's own. The children are picked up at
different times so there are very few times when there is more than two parents vehicles
in her driveway at one time.
We hope that you will allow her to continue her service to our children. She is an asset to
the Wildridge neighborhood. Thank you, . i
Jodi Funck Andrews /%
Mark Andrews U
July 57 2005
Dear Town of Avon Board of Directors,
I am unable to attend the meeting scheduled for July 5,2W5, in
which you will be discussing the license for TLC daycare located
in Wildridge. My son has been going to Jen Mach's daycare for
almost a year. It has proven to be a fun, safe and friendly
environment for him. As a mother who must work to help provide
for my family, it is crucial to have a place where I feel my son is
well cared for. I ask that you approve the daycare license
request for Jen Mach and TLC daycare. Thank you.
Sincerely,
RC-
rn cMu� o4'
BUCK CREEK CONDOMINNM ASSSOCIATION
440 WEST BEAVER CREEK BLVD
AVON, COLORADO
970-949-6349
July 5, 2005
To:Town of Avon Planning & Zoning Commission
Re: Lot 12, Block 2, Benchmark at Beaver Creek Subdivision/540 Beaver Creek Blvd.
The 34 owners [representing more than 60 individuals) of the Buck Creek Condominium
Association respectfidly present to the Town of Avon Planning & Zoning Commission the
Unanimous Resolution approved by the homeowners at the Association's annual meeting July 3,
2005.
"RESOLVED, that the Buck Creek Condominium Association supports the orderly and'
rational development of new properties in the Town of Avon
"RESOLVED, that the proposed Lot 12 Development consisting of 13 units with a height
of 60 feet and exceptionally massive buildings is strongly objected to for the following
reasons:
• Although the total number of units is reasonable, the overall size ofthe
buildings is excessive.
• According to the developer's drawings, the building will rise nearly 55 feet
above Beaver Creek Blvd, as compared to less than 25 feet above the road
for Buck Creek Condominiums.
• The 60 -foot height of the development will limit public views by creating a
`wall' that will black views from the road as well as neighboring pmpertics.
• The development has individual garages that will result in a mage of drives
and very little green space.
• There exists a high potential for damaging drainage to adjoining properties
due to the topography of the property and the limited green area
• The height and sine of the development will result in loss of ligbt and solar
heat to the adjoining properties.
• Allowing the development of such a massive property will c an
undesirable precedent for the Nottinglmm Lake area
"NOW THEREFORE, we urge the Planning Commission of the Town of Avon to
reject the proposed Lot 12 development as presently configured and to request a proposal
from the developer that is more appropriate in terms of height, density and massing_"
Thank you for your consideration
very truly yours,
The Buck Creek Condominium Association
?Xu-m� Y 1-��
Joanne Mackay,
President
RECEIVED
JUL 0 5 2005
00mmunity Development
Town District Planning Principles
High Priority Districts
Town District Planning Principles
A. Districts Priority Classifications
While the Goals and Policies of this plan generally apply to all
areas of the town, the system of district designations provides
specific planning and urban design recommendations to distinct
geographical areas within the town. The district descriptions and
principles are a result of a combination of input from the
community, intent of the landowners, and the existing
development rights of the property.
As part of the comprehensive planning effort, the Steering
Committee undertook an effort to assess the appropriateness of
the previously assigned district boundaries and to make any
necessary changes to ensure that each district still comprised a
logical, cohesive geographic entity. Then the committee
conducted an evaluation of these districts to ensure that the
planning guidance and implementation recommendations of the
previous plan were still current and appropriate.
The next step was to assign to each district one of three relative
priority designations — Nigh Priority, Medium Priority, or
StaticlLow Priority — based upon the perceived level of
significant issues and/or changes confronting a particular district.
The priority levels do not understate the importance of any
particular area of the town. Instead, it was done out of the
recognition that the town needs to prioritize where and how it
expends its energy and resources to most effectively realize the
community -wide vision and goals expressed within this plan.
Because of this classifications effort, the Steering Committee
produced a new map identifying the town's districts updating
boundaries where appropriate and classifying each district by its
relative priority level. The final step in this effort involved re-
evaluating each district with particular emphasis upon the high
and medium priority areas in terms of the appropriateness of
these districts' role and specific Planning Principles given the
context of this Plan's Vision, Future Land Use Plan, Community
Framework Plan, and Goals and Policies.
Town of Avon Comprehensive Plan
Page 1
The heart of the
community.
Town District Planning Principles
High Priority Districts
B. High Priority Districts
The following districts are high priority for the town:
Uiagr nottoss k_
District !: West Town Center District
in
The role of the West Town Center District is to be the heart of
the community. Social, cultural, intellectual, political, and
recreational gatherings occur in this district. In addition, it acts as
the common ground between the full-time residents, part-time
residents, and destination tourists through its diverse retail and
entertainment opportunities. All this activity and fusion will
make it the center of society and the true heart of the community.
The West Town Center District will be an intensely developed
mixed use, pedestrian -oriented area that serves as the primary
area for residential and lodging development within the overall
Town Core.
Currently, this district provides a diverse mix of land uses in
vertically mixed-use buildings. Uses include retail, office,
Town of Avon Comprehensive Plan
Page 2
Town District Planning Principles
High Priority Districts
residential, government services, civic facilities, and parks
loosely grouped around a 50 -foot pedestrian mall right-of-way.
In 2001, the town completed a specific area master plan
(Appendix A: Town Center Plan) for this district that articulated
how the district could enable Avon to ensure its role as a
regional activity center. Key components of that planning effort
identified the following elements:
• The creation of a new "Main Street" in the existing
pedestrian mall right-of-way;
• The realignment of West Benchmark Road in order to
improve the circulation of the area and enhance the
development feasibility of key remaining vacant parcels;
• The linking of pedestrian, bicycle, and automobile
circulation to and through Avon's Town Center, Nottingham
Park, the Confluence site and the Eagle River,
• The development of multi -modal transit center; and,
• The development of a parking structure associated with the
expansion of Avon's Recreation Center.
nning Principles:
Develop a mix of uses that provide a strong residential and 111!
lodging bed base supported by a mix of community and
guest serving commercial uses.
Create inviting storefronts with retail, restaurant, and
entertainment uses on ground levels and offices, lodging,
and residential uses above.
Plan for public plazas and other gathering spaces for
community interaction.
Provide entertainment opportunities for residents and guests
to enliven the area and extend retail hours.
Implement key recommendations such as the Main Street
concept from the Town Center Plan.
Enhance both pedestrian and auto connections within the
West Town Center District and link to the East Town Center
District and the Confluence District.
Use signage, streetscape design, landscaping, points of
Town of Avon Comprehensive Plan
Page 3
Town District Planning Principles
High Priority Districts
visitors and lead them toward important destinations within '1
the district and the large Town Core area.
Use architectural detailing an ground level/first floor to
create an enhanced pedestrian environment.
• Site buildings of various sizes along the street edge to
maximize sun exposure, protect views, and break up
building bulk.
• Develop and incorporate a new/expanded transit center and
joint private/public structured parking facilities that provide
well -lit, pleasant pedestrian circulation throughout the
� district.
Town of Avon Comprehensive Plan
Page 4
Town District Planning Principles
High Priority Districts
® Potential Redevelopment Sites
OSeries of Public Plazas
Roundabout
® Vehicular and Pedestrian Crossing
179 Anchor Retail
Diagram rot m wp.
District 2: East Town Center District
The role of the East Town Center District is that of a key
revitalization prospect for the community. Significant
redevelopment opportunities exist for many properties in the
district, and should be considered comprehensively and with
concem for the community's greatest needs and desires. This
district also abuts on the east to the Village at Avon project and
its anticipated future development. Strong, cohesive pedestrian
and street connections should be established to ensure that these
districts together create a consistent and cohesive community
experience.
The scale of the parcels provides an opportunity for
incorporating a variety of uses including those that require larger
lots and ample parking. The challenge will be to overcome the
confusing street layouts, indirect pedestrian walkways,
diminished sight corridors, and entice people to get out of their
car and experience the entire Town Center. Wayfinding will be
essential to the success of this district's commercial spaces.
A mix of uses with a primary orientation toward major retail
Town of Avon Comprehensive Plan
Page 5
A key
revitalization
prospect.
Town District Planning Principles
High Priority Districts
establishments, smaller retail shops, personal service
establishments, offices, and supporting residential/lodging uses
will be suitable for the district.
PiannIng Principles:
Develop a mix Of uses consisting of commercial useswith .i
supporting residential/lodging development.
Reconfigure key parcels and/or redevelop older,
underutilized buildings adjacent to Avon Road to make them
compatible with existing and future development in the West
Town Center District. j
• Implement a modified street grid pattern that functionally
extends Main Street across Avon Road.
I
• Plan for public plazas and other gathering spaces for
community interaction.
f
r
Develop publictprivate structured parking facilities to make
parking less obtrusive to the pedestrian.
• Accommodate anchor retailers without large expanses of
parking to ensure individual buildings and their uses are
integrated into a larger, unifying framework.
Create a cohesive physical framework and community image
(compatible building orientation, scale, massing, sitting,
street alignments, streetscape furnishings, signage, lighting,
etc.) between the town and the Village at Avon.
Use architecturally interesting detailing on ground level/first
floor for enhanced pedestrian environment.
Site buildings of various sizes along the street edge to
maximize sun exposure, protect views, and break up
building bulk.
Strengthen the pedestrian environment by ensuring
convenient pedestrian and auto access to the entire Town
Core.
Building height should not exceed four stories above grade
to maintain a strong visual connection to Beaver Creek.
Encourage a scale of development (i.e. 80' maximum
Town of Avon Comprehensive Plan
Page 6
Town District Planning Principles
High Priority Districts
DNapram rot
mtra4.
District 3: Confluence District
Gondola to
Beaver Creek
The Confluence District is the key community connector. Not
only a place where a river and creek converge, the Confluence
District represents one where roads, the railroad, regional trail,
and future gondola brings the community together and enlivens
the Town Core. The intent of the district is to facilitate an
extension of the Town Center with a significant residential/
lodging component, limited supporting commercial and services
uses, and direct gondola access to Beaver Creek.
The district is comprised largely of undeveloped land, with the
exception of the area's district wastewater treatment facility and
employee housing. The district has direct access to the railroad
right-of-way, the Eagle River, and Avon Road. The planning and
development of this district should appropriately incorporate
these three key assets.
Develop a mix of uses consisting of bed -base development
with supporting commercial development.
Develop a gondola (or other state-of-the-art conveyance)
linking the Confluence District to Beaver Creek Village as
the preferred alternative.
Orient buildings to capitalize upon the river as an amenity b:
generally stepping down with varying heights across the site
Town of Avon Comprehensive Plan
Page 7
The key
community
connector.
Roundabout
®
vehicular and Pedestrian Crossing
T
Transit Center
M
Redevelopment Opportunities
DNapram rot
mtra4.
District 3: Confluence District
Gondola to
Beaver Creek
The Confluence District is the key community connector. Not
only a place where a river and creek converge, the Confluence
District represents one where roads, the railroad, regional trail,
and future gondola brings the community together and enlivens
the Town Core. The intent of the district is to facilitate an
extension of the Town Center with a significant residential/
lodging component, limited supporting commercial and services
uses, and direct gondola access to Beaver Creek.
The district is comprised largely of undeveloped land, with the
exception of the area's district wastewater treatment facility and
employee housing. The district has direct access to the railroad
right-of-way, the Eagle River, and Avon Road. The planning and
development of this district should appropriately incorporate
these three key assets.
Develop a mix of uses consisting of bed -base development
with supporting commercial development.
Develop a gondola (or other state-of-the-art conveyance)
linking the Confluence District to Beaver Creek Village as
the preferred alternative.
Orient buildings to capitalize upon the river as an amenity b:
generally stepping down with varying heights across the site
Town of Avon Comprehensive Plan
Page 7
The key
community
connector.
Town District Planning Principles
High Priority Districts
Parking areas, trash dumpsters, and loading or service areas
should be screened and/or buffered from the river corridor
and from Highway 6 to minimize impacts upon the river
corridor and sustain compatibly with the river environment
Create a seamless vehicular and pedestrian connection to the
Town Center.
i
Preserve and enhance public access to the existing linear j
path/natural park running along the riverbank. Connections
from this path to both the Town Center and Nottingham Park
must be created in an ecologically sensitive manner as a key
natural amenity.
Encourage preservation of all trees in wetland areas.
Encourage development efforts to minimize the loss of trees
and impact to the riparian area while still achieving the
urban design goals of this section.
'• Use signage, streetscape design, building forms,
landscaping, points of interest, and other wayfinding
elements to help orient visitors and lead them toward
important destinations within the district and Town Core
area.
Anticipate and provide for transit facilities between the
Town Center and the Confluence in anticipation of a
passenger train on the railroad ROW.
Plan for public plazas and other gathering spaces for
community interaction.
Develop a whitewater park to broaden the spectrum of
recreational opportunities in town.
Recognize the Confluence District as the most valuable
property in Town limits and should be developed at its most
optimal level.
Building height should not exceed eight stories above grade
and maintain a strong visual connection by preserving
prominent view corridors to both the river and Beaver Creek.
Limit buildings to no more than four stories in height to
ensure that development is subordinate to the town center
Town of Avon Comprehensive Plan
Page 8
Town District Planning Principles
High Priority Districts
r
Roundabout
® Vehicular and Pedestrian Crossing
Avon Road Showcase '
Diagrams touak.
District 4: Avon Road Corridor
The Avon Road District's role as a showcase for the best of
Avon is derived from the part it plays in the experience of the
community. Being the major connection between I-70 and
Beaver Creek Resort, Avon Road is the first (and occasionally
only) area many people see in the community. It is important that
this generally vehicular experience is significant enough to peak
the interest of the vehicle's occupants and get them out of their
cars and into the Town Center. The artwork and immaculate
landscaping helps this cause, but the surrounding architecture
and streetscaping must also be affecting.
Avon Road is the most traveled road in Avon, providing direct
access to Avon's Town Core areas, 1-70, Highway 6, and the
Beaver Creek and Bachelor Gulch base areas. In 1997, the town
completed a major improvement project of Avon Road that
replaced all five of its signalized intersections with roundabouts
Town of Avon Comprehensive Plan
Pagc 9
Ashowcase
for the best
of Avon.
Town District Planning Principles
High Priority Districts
and provided significant streetscape enhancements. Though
these improvements and enhancements are widely recognized as
having achieved their primary objective of congestion relief, two
significant challenges still confront this condor. First, the ease
and speed at which vehicles traveling through Avon's Town
Core area between the 1-70 interchange and the entrance to
Beaver Creek and other U.S. Highway 6 destinations is such that
travelers are not enticed to venture into the Town Core's two
major mixed-use districts. The second significant issue is that
Avon Road functions as a barrier for pedestrians attempting to
walk within the Town Core between East and West Town Center
Districts.
integrate Avon Road into the Town Core development and
redevelopment efforts by incorporating wayfinding,
pedestrian planning, and other streetscape enhancements to
ensure that Avon Road provides a sense of arrival to the
town.
Site buildings of various sizes along the street edge to
maximize sun exposure, protect views, and break up
building bulk.
Use signage, streetscape design, landscaping, points of
interest, and other wayfinding elements to help orient
visitors and lead them toward important destinations within
the district and Town Care area.
Create a pedestrian connection across Avon Road to fully
integrate the Town Core and link the East and West Town
Center Districts.
Limit building heights fronting Avon Road to existing
heights to avoid a canyon effect and to preserve Beaver
Creek views.
Town of Avon Comprehensive Plan
Page 10
Town District Planning Principles
Medium Priority Districts
C. Medium Priority Districts
The following Districts are deemed to present a medium priority
for the Town.
❑ Recreational Enhancements
® Civic Center Redevelopment
OPassive Recreation Area
District 5. Nottingham Park District
The Nottingham Park District is Avon's cultural, civic, and
recreational hub. Included in this district are Nottingham Park,
the municipal office complex, fire department, library,
elementary school, and the Town's recreation center. The district
functions as the center for community activities, such as the
Town's Fourth of July celebration and various athletic
tournaments. Good pedestrian circulation between the municipal
center, the park, the Town Core, and adjacent residential uses
exist, but will need to be enhanced to respond to key future
developments in the West Town Center District and the
Confluence District. Views and access into and from the
Nottingham Park are key components to Avon's image and
identity.
P al nning Principles•.
• Strengthen this area as a cultural and recreational center by J
Town of Avon Comprehensive Plan
Page I I
Town District Planning Principles
Medium Priority Districts
incfuding amenities such as a performing arts pavilion,
concession stands, etc. to activate the park beyond the
normal level of active and passive recreational activities and
provide a western anchor to the future Main Street.
Create private, comfortable spaces along Buck Creek for
passive activities as an alternative to the play fields and other
l
active spaces available within the rest of Nottingham Park. J{
Use signage, streetscape design, landscaping, points of
interest, artwork, and other wayfinding elements to help
orient visitors to the district's various functions, the cultural 1
and civic activity center, and toward important destinations Jj
within the Town Core area.
• Realign Benchmark Road perpendicular with the future
Main Street per the Avon Town Center Plan and enhance the
i pedestrian connections between the municipal center and the
park.
Preserve view corridors to Beaver Creek and the new Main
Street in the West Town Center District.
Construct berms along I-70 to mitigate noise from I-70.
These may extend into District 16: the West Residential
Town of Avon Comprehensive Plan
Page 12
Town District Planning Principles
Medium Priority Districts
Avon Road Sho ase
Roundabout
8 vehkutu and Pedestrian crossbnn
District 6: U.S. Highway 6 Gateway Corridor
The U.S. Highway 6 Gateway Corridor is the community
Gateway to Avon and identifies Avon's image. The area is
characterized by: (l) the flat areas presently used for ski area
parking, and high visibility from U.S. Highway 6; (2) the
primary access to Beaver Creek; and (3) the Folsom/White
property (The Gates Development) located on the south side of
U.S. Highway 6.
The undeveloped parcels currently serving as parking areas and
other accessory uses for the Beaver Creek ski area present an
important influence on development within the Town. Although
these parcels are outside of Avon's municipal boundaries, the
Town should be consulted on any proposed development on
these parcels.
This intersection of U.S. Highway 6 and Avon Road is a major
gateway to the Town. As part of the Town's roundabout
improvement project, this intersection was converted to a full
roundabout with attractive landscaping and monumentation
identifying both the Town and Beaver Creek. This corridor area
also includes the Nottingham Station commercial area at the
intersection of Hurd Lane and Avon Road. A pedestrian link is
needed to connect this commercial area to the East Town Center
District and the Confluence District.
The Folsom/White property is intended to provide
residential/lodging uses with supporting commercial and service
uses. The area is somewhat isolated from other development
within Avon due to its location on the south side of U.S.
Highway 6. The area is characterized by steep terrain, with
limited buildable areas directly adjacent to U.S. Highway 6.
Town of Avon Comprehensive Plan
Page 13
Town District Planning Principles
Medium Priority Districts
Planning Principles:
Enhance the U.S. Highway 6 right-of-way as a landscaped j
boulevard/parkway to provide a sense of arrival and
fdeparture for those traveling to and from Avon and to
strengthen Avon's overall community image and identity.
Limit development of south side of Hwy. 6 to guest service
facilities near the Village Road intersection and to
neighborhood supporting commercial near the Prater Lane
intersection.
Strengthen the association between the Town and Beaver
Creek through compatible streetscape elements, efficient
access, and cooperative visitor information center.
Encourage screening of ski area parking areas and other
accessory uses.
Create strong pedestrian connections to the Confluence and
the East Town Center Districts.
Site buildings of various sizes (but smaller than those found
in the West Town Center District) to maximize sun
exposure, protect views, and break up building bulk.
Minimize cut areas and preserve areas of steep slopes.
Buildings should be built into the hillside and stepped up
with rising topography to reduce their dominance above U.S.
Town of Avon Comprehensive Plan
Page 14
Town District Planning Principles
Medium Priority Districts
vehicular and Pedestrian Crossing
District 7., trUage at Avon West District
The Village at Avon Village West District is a pedestrian -
oriented mixed-use urban village with commercial, residential,
lodging, educational, and cultural1recreational uses along with an
ice-skating/events center. The site is characterized by good
visibility from I-70, gentle topography, and proximity to the East
Town Center District. In order to create a unified and cohesive
framework and community image building and site development
elements as well as public design elements such as street
alignments, streetscape fumishings, signage, and lighting need to
be coordinated between the Village at Avon developer and the
Town.
Create strong auto, bicycle, and pedestrian connections to
the East Town Center District via both East Beaver Creek
Boulevard and Chapel Place.
Create a unified and cohesive physical framework and
community image (compatible building orientation, scale,
massing, street alignments, streetscape furnishings, signage,
Town of Avon Comprehensive Plan
Page 15
Town District Planning Principles
Medium Priority Districts
• Site buildings of various sizes (but smaller than those found !
in the West Town Center District) to maximize sun j
exposure, protect views, and break up building bulk. ;
I
Avoid large single -use buildings set back from the street j
l
edge and surrounded by large expanses of parking.
• Create inviting storefronts, public plazas, green spaces, and 1
I
other gathering spaces for public interaction. j r '
• Provide architecturally interesting detailing on ground
level/first floor with elements such as canopies, overhangs,
and sloped roofs.
l• Provide well -lit, pleasant pedestrian access from parking
structures to the public street and buildings.
Encourage retail and restaurant uses on ground levels with
offices, lodging, and residential above.
Town of Avon Comprehensive Plan
Page 16
Town District Planning Principles
Medium Priority Districts
District 8: Village at Avon East District
The Village at Avon East District is the region's commercial
center. It is intended to provide the Village at Avon West District
a residential medium density neighborhood with supporting
commercial development, neighborhood -oriented commercial
with supporting educational, recreational and service oriented
uses just west of Post Boulevard, and regional commercial uses
associated with the I-70 and Post Boulevard interchange. The
site is characterized by gently sloping topography along the
valley floor with steeper slopes rising up to I-70
Create a unified and cohesive physical framework and
community image (compatible building orientation, scale,
massing, street alignments, streetscape furnishings, signage,
lighting, etc.) between the Village at Avon and the Town.
Site buildings of various sizes (but smaller than those found
in the West Town Center District) to maximize sun
exposure, protect views, and break up building bulk.
Create a strong overall pedestrian -orientation with tree lined
streets and walking paths.
Screen large regional commercial uses from I-70 with trees
Town of Avon Comprehensive Plan
Page 17
Town District Planning Principles
Medium Priority Districts
El saws
•' aa.tl.mw
�Gy vneW,..mnanuwuo�a�y
�`
District 9: Village at Avon North Gateway District
The Village at Avon North Gateway District is a high-quality
residential neighborhood. It is intended to provide for residential
development and a large community park. A new northern
frontage road being developed through this district will provide
an important east -west connector on the north side of I-70
linking Post Boulevard and Avon Road. The district is highly
visible from I-70 and thus presents a strong influence on Avon's
identity. It is essential that the currently planned uses of this
region not be altered and that the commercial uses -by -right of
RMF -1 be strictly interpreted to those that are supportive of and
justified by the needs of that community. Uses that require I-70
traffic to be financially viable are not contemplated by the
allowed uses and will not be appropriate for the site.
Additionally, the area will serve as the gateway to the Village at
Avon Residential Northern Residential District. The existing
Buffalo Ridge residential development is relatively isolated from
other community commercial and service areas. The elevated
topography on either side of I-70 offers the possibility to
construct a pedestrian overpass that would directly link this area
with the Village at Avon East and West Districts.
Planning Principles:
• Construct a pedestrian bridge over I-70 linking the Buffalo
k Ridge residential development to the Village at Avon East
_ and West Districts.
Town of Avon Comprehensive Plan
Page 18
Town District Planning Principles
Medium Priority Districts
• Site buildings to maximize sun exposure, protect views, and
break up building bulk.
• Provide east -west pedestrian and bicycle routes
�. Encourage additional informal landscaping of properties to +
k soften the visual impact of the large structures.
f• Protect view corridors, ridgelines, and steep slopes from
development i __
Town of Avon Comprehensive Plan
Page 19
Town District Planning Principles
Medium Priority Districts
District 10: Village at Avon District "M"
The Village at Avon District "M" is the Town's eastern gateway.
It is currently zoned for regionally oriented commercial,
residential, and service oriented uses and activities. The area is
relatively Flat located at the base of steeply sloping hillsides.
There is limited access to the site, which has an impact on the
type and intensity of development on the site.
Develop per approved Village at Avon PUD as regional
commercial medium/high density residential and a
community park.
i
Explore ways of preserving all or part of the site for open
space or park.
i
Consider the prominent view of the site from I-70 when 1
developing and ensure that the site represents a suitable
gateway to the Town.
1
Site buildings to maximize sun exposure, protect views, and
break up building bulk. i
Identify and preserve significant cultural/heritage resources 1
present on site. ji
Maximize orientation to the river to provide connections and
Town of Avon Comprehensive Plan
Page 20
Town District Planning Principles
Medium Priority Districts
eSaeening
RSteep Slopes
\ ® Whimiarand Pedestrian Crossing
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District 11: Metcalf Road District
The Metcalf Road District is the Town's industrial center. It
provides light industrial and commercial service uses as well as
accessory residential development until which time there is a
new industrial district developed with better access and space
that is more flexible. Existing light industrial uses on
Nottingham and Metcalf Roads are intensely developed, with
large buildings on small sites; generally with insufficient
landscaping; unscreened parking, storage, and trash containers.
The area's high visibility from I-70 makes it important to the
Town's image. Concerns over traffic safety issues as well as the
area's generally poor aesthetic characteristics are perceived as
negatively impacting the image of the Wildridge and Mountain
Star residential developments located behind this area. Yet, it is
also recognized that these businesses provide a critical
component to Avon's overall economic health and sustainability.
Opportunities should be encouraged to develop livetwork
developments that allow for light manufacturelindustrial uses
that do not possess significant conflicts with other surrounding
land uses.
Town of Avon Comprehensive Plan A
Page 21 fl V N N
J
Town District Planning Principles
Medium Priority Districts
Planning Principles:
• Accommodate limited/accessory residential development
that supports primary industrial/employment land uses.
�e Develop a pedestrian or possibly an auto underpass under I-
70 to link this area to West Beaver Creek Boulevard. t
• Coordinate with CDOT to introduce trees on uphill slopes in
the I-70 right-of-way and along Metcalf Road to partially
screen buildings and other accessory uses.
• Encourage new development that minimizes significant re-
grading, and provides for proper on-site parking and
circulation.
w
Require new development and encourage existing
development to add architectural or landscape screening of
storage areas, HVAC equipment, loading docks, and trash
containers.
Site buildings to maximize sun exposure, protect views, and
break up building bulk.
Add traffic lanes on Metcalf Road to accommodate truck
traffic.
Town of Avon Comprehensive Plan
Page 22
Town District Planning Principles
Medium Priority Districts
H Wdo
District 12: Railroad Corridor
The railroad corridor runs the length of Avon from east to west
along the Eagle River and is the Town's greatest transit
opportunity. Currently the railroad is not being used for mil
traffic leaving the corridor effectively vacant. Regional
transportation agencies/coalitions have made efforts to acquire
the right-of-way in whole or in part in order to develop a
regional transit and/or trails system, though the right-of-way's
final disposition remains unknown. The I-70 Programmatic
Environmental Impact Statement and the Intermountain
Connection Capital Investment Plan both indicate the corridor
has merit as a mass transit and trail corridor. Nevertheless, the
right-of-way corridor represents an important opportunity for
Avon and its preservation and enhancement is recommended.
The presence of the railroad tracks through town creates a
substantial north -south barrier through much of Avon. The Town
has been successful in securing rights to construct an at -grade
crossing for West Beaver Creek Boulevard, and recent approvals
in other nearby locations for additional crossings seem to
indicate an increased willingness on the part of the railroad
company to allow such crossings. The mil corridor should be
visually integrated into the Town. It should be considered a
transportation corridor that is an integral component of Avon's
overall structure and character.
Pla innn g Principles:
• Ensure that the railroad right-of-way is preserved for future_
transit, trail or other transportation related potentials.
Town of Avon Comprehensive Plan
Page 23
Town District Planning Principles
Medium Priority Districts
• Develop additional at -grade and above grade crossing to
better connect the Confluence River Front area and the i
Nottingham Station commercial area to the Town Core's
mixed-use lodging and commercial areas.
• Require railroad corridor to be mowed and sprayed for
weeds to improve appearance and prevent the spread of
Town of Avon Comprehensive Plan
Page 24
Town District Planning Principles
Medium Priority Districts
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Town of Avon Comprehensive Plan
Page 25
Town District Planning Principles
Medium Priority Districts
District 12, 13, and 14: USFS Parcels
Three parcels owned by the USFS are the Town's key open
space. Although outside the Town boundary, these parcels are
important to maintaining the desired character of Avon and to
directing development to be consistent to the overall land use
plan. The parcels meet USFS criteria for exchange to eliminate
irregular boundaries or awkward configurations. Loss of any of
these parcels to private ownership and development would
eliminate valuable visual and physical buffers between and
among developed areas of Town and would deprive our citizens
of prized open space and natural habitats.
Maintain these districts as open space with continuing USFS
ownership by collaborating with the Agency to improve
utilize and maintain them as low -impact public accessible
regions.
Use these partnerships to establish the public's values and
desires with the USFS so that land swaps are unlikely to
occur without Town concurrence.
Pursue Town acquisition of these parcels for dedicated open
space by working with the local and national land
conservation organizations.
Vigorously oppose any and all other possible dispositions of
Town of Avon Comprehensive Plan
Page 26
Staff Report 1114 W ,r -I
SPECIAL REVIEW USEV0N
C O L O R A D O
July 5, 2005 Planning & Zoning Commission meeting
Report date June 23, 2005
Project type Special Review Use (SRU) Permit
Legal description Lot 45C, Block 2, Wildridge Subdivision
Zoning Planned Unit Development (PUD)
Address 2520C Old Trail Road
Introduction
Jennifer Mach is proposing to relocate her home daycare business from Lot 45B - a
duplex unit - to the adjacent single-family property (Lot 45C) at 2520C Old Trail. The
business has been operating since original approval in March of 2002 in the neighboring
duplex building.
The request is for a daycare with a maximum of six (6) children allowed at one time
(exclusive of the applicants two children), with the ability to care for up to two (2)
children after school hours. The operation is proposed from 8:00am — 5:30pm with
Saturday service by special arrangement.
Criteria for Review
According to section 17.48.040 of the Avon Municipal Code, the Planning '& Zoning
Commission shall consider the following criteria when evaluating an application for a
Special Review Use permit:
1. Whether the proposed use otherwise compiles with all requirements Imposed
by the zoning code.
This use appears to comply with all other requirements of the Zoning Code, and
would be considered a'Home Occupation.' A'Home Occupation', as defined in
Section 17.08.360 of the Town Zoning Code, includes any activity conducted and
meant to produce income.
A 'Home Occupation' is not an enumerated allowed use for the property; therefore, a
Special Review Use permit is required to operate this use in this zone district.
Parking should not be affected since this use proposes drop offs and no long term
parking. Staff has observed drop off parking to average a few minutes in duration.
Town of Avon Community Development (970) 9494280 Fax (970) 949.5749
Lot 45C, Block 2, Wildridge Subdivision, Special Review Use Permit for Child Day Care
July 5, Planning & Zoning Commission meeting Page 2 of 4
2. Whether the proposed use is In conformance with the Town Comprehensive
Plan.
There are goals and policies that can be applied to this application. The policies and
goals in the Comprehensive Plan set the vision for the Town and provide a direction
from which all planning decisions are made. .
Policy A1.8 states, "home occupations that reduce commuting by residents and do
not negatively impact other residents, should be encouraged." Staff anticipates that
some of the families to utilize this service reside in Wildridge and would thus result in
shorter trips without driving down to the valley floor for drop offs and pickups.
This land -use can be considered a community service and consistent with Policy
D1.6 which states that the Town should "encourage development of neighborhood
and community based day care facilities." There are no other day care facilities
currently operating in the Wildridge Subdvision.
3. Whether the proposed use is compatible with adjacent uses. Such
compatibility may be expressed in appearance, architectural scale and
features, site design and the control of any adverse impacts including noise,
dust, odor, lighting; traffic, safety, etc.
Compatibility with adjacent residential properties must be reviewed carefully with this
application. Staff received a letter from a neighboring property owner stating their
concerns. This letter is attached to this report (Exhibit B) for your consideration.
No changes to the building's appearance or architecture are required to operate this
business. There is a designated fenced play area provided (required by state
license) and supervised outdoor time is spent on the driveway as well. A site plan is
attached to this report (Exhibit A) demonstrating the site design and how drop offs
will be handled at the new location.
The previous permit issued for this use was approved with the condition that "drop
off and pick-up of children is required to be staggered at 10 minute intervals, and
client parking during this time may not block or otherwise interfere with the access to
Unit A and future duplex." The attached letter indicates that staggering of vehicles
did not happen and that their (neighbors') access has been obstructed in the past.
Staff would ask that the applicant be prepared to discuss at the hearing the plans to
mitigate this access concern while providing a safe area for the children on the
driveway.
4. That the granting of the special review use requested provides evidence of
substantial compliance with the public purpose provisions, as outlined in
Section 17.28.085 of the Avon Municipal Code:
A. The application demonstrates a public purpose which the current zoning
entitlements cannot achieve.
There is demand for home daycare, a community amenity, in Avon and
Wildridge. The Wildridge PUD Is predominately residential with each property
assigned and permitted a specific number of 'dwelling units.' Since the Wildridge
Torn of Avon Community Development (970) 7484030 Fax (970) 949.5749
Lot 45C, Block 2. W ildridge Subdivision, Special Review Use Permit for Child Day Care
July 5, Planning & Zoning Commission meeting Page 3 of 4
PUD does not specifically allow home daycare, a SRU permit and departure from
the current entitilements is required to operate in this location.
B. Approval of the zoning application provides long term economic, cultural
or social community benefits that are equal to or greater than potential
adverse Impacts as a result of the changed zoning rights.
Staff believes that if the applicant can maintain a safe access to the neighboring
duplex property without obstructing vehicle traffic, there are social benefits that
outweigh the potential adverse impacts that could result from this use.
C. The flexibility afforded in approval of the zoning application will result in
better siting of the development, preserving valued environmental and
cultural resources, and increasing the amount of public benefit consistent
with the community master plan documents.
If located in a residential area day care operation may be more appropriate in a
single-family residence in lieu of multi -family or duplex developments', which
share a common wall.
Discussion
This application appears to be supportable bystaff if consent from current and future
owners can be received from the properties that share the common driveway. In 2001
the Town Council amended the requirements for SRU permits sought for home
occupations and/or child day care use. Section 17.48.060 from the Municipal Code,
which outlines special rules governing SRU permits for child day care in duplex and
multifamily dwelling units, is attached for your review.
Although not'rbultifamily by.definition, Lots 45A, B, & C act in very much the same way
since there is shared access and the close citing and proximity of the two structures.
Additionally, the proposed use is located in a single-family residence that has
entitlements to build an additional dwelling unit in the future.
While there is a large demand in the community for child daycare service, there are
potential impacts that can and have been experienced with daycare service in
residential areas. In order to avoid creating an attractive nuisance and with the ability to
maintain consent from any directly affected neighboring owners, staff feels that this
application will benefit the community by providing a much needed service.
Staff Recommendation
Staff recommends conditional approval of this application.
Recommended Motion
"I move to approve Resolution 05-08 to operate a child day care land use on Lot 45C,
Block 2, W(Idridge Subdivision subject to the following conditions to be fulfilled and
maintained throughout the life of the permit:
Community Development must receive written consent of all owners of
property that share the common access or common wall with the property
owned by the applicant.
Town 0( Avon Community Development (970) 748-4030 Fax (970) 949.5749
Lot 45C, Block 2, Wildridge Subdivision, Special Review Use Permit for Child Day Care
July 5, Planning & Zoning Commission meeting Page 4 of 4
2. Access may not be obstructed to owners of property that share common
access or a common wall with Lot 45C.
3. No more than six (6) infants or toddlers exclusive of the applicant's two (2)
children are allowed at any given time.
4. A State of Colorado license for infant and toddler day care must be
maintained.
5. A Town of Avon Business License must be maintained.
If you have any questions regarding this or any other project or community development
issue, please call me at 748-4030, or stop by the Community Development Department.
A copy of the complete SRU application is available for review during normal business
hours in the office of Community Development.
Respectfully submitted,
Matt Pielsticker
Planner)
Exhibit A- Site Plan for Lot 45C
Exhibit B- Letter from Andre de Lucinges (Lot 45A) - dated June 14, 2005
Exhibit C- Facsimile response to Public Notice from Jim Benson (Lot 42, Block 2, WR)
Exhibit D- Municipal Code Section 17.48.060
Torn of Avon Community Development (970) 748-40.30 Fax (970) 949.5749
/bar
Exhibit'A' _ J
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Exhibit'B'
June 14, 2005
Town of Avon
Planning Conuttission Office
Community Develupntent Department
Rl?: Special review use changes
I lome Occupation: Day Care
Lot 45 Block 2
Wildridge Subdivision
2520 Old Trail Gulch Road Unit C
'I'o Whom It May Concern:
We are writing this letter to advise you of the following problem regarding the Day Care of Nis.
Jennifer Mach.
When I read the conditions listed on your special review use renewal dated February 19, 2003, I
would like to know that those conditions are being followed and upheld by the entity issuing the
license without myself or my wife having to police the situation.
1. Item # 2: Drop off, staggered, this is not happening. Every time I come home early, I Find a
vehicle parked in my driveway and more than I parent picking up children, then they would
stay and chat with each other.
2. Item # 3: On multiple occasions I counted as many as 9 children.
3. Item # 5: I would like to be sure that in fact they are licensed by the state.
4. Item # G: I would hope that you (the town) have issued such a license.
Additionally, the children have spilled over to our property regularly, they are all over our
driveway and in the way of us getting to our property, and we basically have to wait for them to
move away. Needless to say their toys are all over the place and I have driven over some that I
could not see, just imagine if this would have been a child. I will not be held responsible if an
accident occurs. T he'rb%vn of Avon must enforce its conditions of approval themselves and
not put this on the neighbor to play police & whistle blower.
Sin erely„
\ndre do Lucingcs
RECEIVED
JjV 14 2005
❑:rS 529.0
=;,,,::�•�:,P.9: a::9D Community Development
Blue Foam Insulation
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TO: Whom it May Concern
Tel -:970-949-7900 Jun 24 Ub
f�L1! 7
Exhibit'C'
NOTICE OF PUBLIC HEARING
11:U5 No.uui r.ul
You are hereby notified pursuant to provisions of Section 17. 12.100 of the Avon Municipal Code that a Public Hearing
on a Special Review Use (SRU) permit will be held and considered at the meeting of the Planning and Zoning
Commission of the Town of Avon on July 54, 20at 5:30 PM in the Avon Municipal Complex, 400 Benchmark
Road, Avon, Colorado, at which time and place you are hereby invited to be present and be heard.
APPIJCANT:
PROPERTY OWNER:
LEGAL DESCRIPTION OF PROPEIVIV:
ADDRESS OF PROPERTY:
DESCRIPTION OF APPLICATION
UNDER REVIEW:
DEADLINE:fig&vel
�� A' ' S J `��.
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n to AMe go
loafer 19 f ¢ dyla 1'� 1,5
I' A VIE :
U RE W:
j. 0
AMA
Jennifer Macht+i
PO Box 18195
Avon, CO 81620
Bob & Jennifer Mach
Lot 45C, Block 2, Wildridge Subdivision
2520C Old Trail Road
A request for a SRU permit to allow for a childrens daycare at
a single-family home on Old 'frail Road. The applicants have
held a permit for this use since original approval on March 5,
2002 In the adjacent duplex property.
If you wish to be heard on these matters, you may appear
personally or by designated agent at the public hearing on
Tuesday, ,rah S. 2 O you may filo a written statement
with the Recording Secretary, Town of Avon, P.O. Box 975,
Avon, Colorado 81620. In order to be considered by the
Planning and Zoning Commission, such written statement
must be received in the Town offices no later than 4:00 PM,
Tuesday,ulv� S. 2005.
A copy of the proposed SRU application is available in the
-Community Development Office for roview during regular
business hours by the public. Sign up to receive meeting
agendas at www.avon.ortr. For further information, call
970.748.4030.
91OW76a1
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON:
• MAIN LOBBY, AVON MUNICIPAL. COMPLEX
• MAIN LOBBY, AVON RECREATION CENTER
' • MAIN LOBBY, ALPINE BANK 6
• AVON CITY MARKET
Malted and posted on TuesdaJ'
/,moo 1919 ----by--- A. Wilcnn
Exhibit `D'
Zoning— Special Review Use
Section 17.48.030
b. Phases in which the project may be 17.48.050 Amendments to special review use
developed and the anticipated rate of permit.
development,
No approved special review use maybe modi-
nd
c. The date of completion of the project; enlargedfied, structurally area, unle s s chodification, enlargement u or
(6) Any agreements, provisions or cove- expansion receives the prior approval of the Plan-
nants to be recorded; ning and Zoning Commission, which shall be
obtained by repetition of the granting procedures
(7) Restoration or reclamation plans shall s Chapter. (Ord. 91-10 §I(part))
be required for all uses requiring extensive
ing, for extractive uses and may be re d for 17.48.060 S tial rules governing special
other uses as necessary; review use permit for home
occupadon/child day care home in
(8) A statement regarding any provisions
for proper ongoing maintenance of the use and
site which shall be provided;
(9) Any additional materials, which, in the
opinion of the administrator, are necessary to
adequately review the application. (Ord. 91-10
§1(part))
17.48.040 Criteria for review,
recommendation and approval of
special review uses.
The staff and the Planning and Zoning Commis-
sion shall consider the following criteria when
evaluating an application for a special review use
permit.
(1) Whether the proposed use otherwise
complies with all requirements imposed by the
zoning code;
(2) Whether the proposed use is in confor-
mance with the Comprehensive Plan;
(3) Whether the proposed use is compati-
ble with adjacent uses. Such compatibility may
be expressed in appearance, architectural scale
and features, site design and the control of any
adverse impacts including noise, dust, odor,
lighting, traffic, safety, etc. (Ord. 91-10
§ 1(part))
duplex and multifamily dwelling
units.
(a) The provisions of this Section apply in
cases in which a special review use permit is
sought for a licensed child day care home as a
home occupation within a duplex or multifamily
dwelling unit where the occupants of such dwelling
units share a common wall.
(b) When a special review use permit is sought
for a licensed child day care home as a home
occupation within a duplex or multifamily dwelling
unit where the occupants of such dwelling units
share a common wall, in addition to the submittal
requirements set forth in Section 17.48.030, the
applicant shall also submit to the Department of
Community Development the following:
17-54
Supp.3
(1) In the case of an applicant living in a
duplex dwelling unit, the applicant shall submit
the, written consent of the owner of the
neighboring unit within the duplex to a licensed
child day care home.
(2) In the case of an applicant living in a
multifamily dwelling unit (including a
condominium), the applicant shall submit the
written consent of all the owners of property
which share a common and adjoining wall with
the property owned by the applicant to a
licensed child day care home. .
Zoning —Special Review Use
(c) Once a special review use permit has been
granted for a licensed child day care home as a
home occupation within a duplex or multifamily
dwelling unit, notwithstanding Section 17.48.020,
there shall be no requirement that the special
review use permit is valid only so long as the con-
sent given as provided by Subsection (b) hereof is
maintained. In the event a consent given as pro-
vided by Subsection (b) is withdrawn after a special
review use permit has been granted, the Town will
review the use and in its discretion decide whether
to continue to permit the use in accordance with the
criteria set forth in Section 17.48.040. No special
review use permit for a licensed child• day care
home as a home occupation issued pursuant to this
Section will be cancelled by the Town based solely
upon the withdrawal of consent as provided in Sub-
section (b) hereof; and, in cases where the consent
provided for herein has been withdrawn, no special
review use permit issued pursuant to this Section
shall be cancelled unless a hearing has been held on
the issue of the cancellation of the use (unless the
holder of the special review use permit waives enti-
tlement to a hearing). (Ord. 01-13 §1)
1750
17.50.010 Accessory
Accessory buildings and uses shal be permitted
in every zone district.
(1) An accessory building is de ed as a
subordinate building, the use of hich is
customarily incidental to that oft principal
building or to the principal use gAhe land and
which is located on the sa n of or parcel with
the principal building or e. Accessory build-
ings shall not be provi with kitchen or bath
facilities sufficient to nder them suitable for
permanent residential ccupancy. Approval of
the Planning and Za 'ng Commission and a
building permit is requi d.
Section 17.48.060
(2) An accesso se isone that is natu-
rally and normally incide al to, subordinate to
and devoted exclusively tot principal use of
the premises, and does not c ge the basic
character thereof, as determined b is principal
use. (Ord. 91-10 §1(part))
17.50.020 Measuring building area for
building area ratio.
(a) in measuring buildin a purpose
of calculating buil ' area ratio, there shall be
included that within the surrounding exterior
walls (meas from their exterior surface) of a
building or onion thereof. The building area of a
building o portion thereof shall include all exterior
walkways, terraces, courts, stairways or other con-
structed under a horizontal projection of a
roof or floo bove.
(b) Garage hall not be included is building
area ratio calcula ns to the extent they do not
exceed the fallowing uare footage limitations:
One -car garage: ur hundred (400)
sq a feet maximum
Two -car garage: six h d (600)
square maximum
Garage square footage in excess of ftse square
footages shall be included in building ratio
calculations.
(c) Decks which are above grade an are
uncovered and which extend out from the enc sed
space of the structure shall be included in ding
area ratio calculations to the extent IWIIny per-
cent (50%) of such decks shall calculated; decks
which do not exceed heig tractions established
in this zoning code an hich are constructed on
the roofs of floors bel w shall not be included in
building area ratio cal lations.
(d) Crawl spaceA without windows, suitable
only for storage and n V in excess of four (4) feet in
height, shall not be inc ded in building area ratio
calculations. (Ord. 91-1 1(part))
17-55
TOWN OF AVON
PLANNING ,& ZONING COMMISSION
RESOLUTION NO. 05-08
A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT
TO OPERATE A HOME DAYCARE BUSINESS AT LOT 45C,
BLOCK 2, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, Jennifer Mach, has applied for a Special Review Use permit to establish a
home occupation for a day care business as described in the application dated June 8,
2005 as stipulated in Title 17.08.360 of the Avon Municipal Code; and
WHEREAS, a public hearing was held and considered by the Planning & Zoning
Commission on July 5, 2005; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered
the following:
A. Whether the proposed use otherwise complies with all requirements imposed
by the zoning code; and
B. Whether the proposed use is in conformance with the town comprehensive
plan; and
C. Whether the proposed use is compatible with adjacent uses; and
D. That the granting of the special review use requested provides evidence of
substantial compliance with the following public purpose provisions:
The application demonstrates a public purpose which the current
zoning entitlements cannot achieve.
2. Approval of the zoning application provides long term economic,
cultural or social community benefits that are equal to or greater than
potential adverse impacts as a result of the changed zoning rights.
3. The flexibility afforded in approval of the zoning application will result
in better siting of the development, preserving valued environmental
and cultural resources, and increasing the amount of public benefit
consistent with the community master plan documents.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of
the Town of Avon, Colorado hereby approves a renewed Special Review Use for a day
care home occupation as described in the application dated June 8, 2005 as stipulated in
Title 17.08.360 of the Avon Municipal Code 6or Lot 45C, Block 2, Wildridge
Subdivision, Town of Avon, Eagle County, Colorado based upon the following findings:
1. That the proposed use otherwise complies with all requirements imposed by the
Zoning Code.
2. That the proposed use is in conformance with the Town Comprehensive Plan.
3. The proposed use is compatible with adjacent uses.
4. The application demonstrates a public purpose which the current zoning entitlements
cannot achieve.
5. Approval of the zoning application provides long term economic, cultural or social
community benefits that are equal to or greater than potential adverse impacts as a
result of the changed zoning rights.
6. The flexibility afforded in approval of the zoning application will result in better
siting of the development, preserving valued environmental and cultural resources,
and increasing the amount of public benefit consistent with the community master
plan documents.
Subject to the following conditions:
1. Community Development must receive written consent of all owners of property
that share the common access or common wall with the property owned by the
applicant. The permit will void if consent is not maintained.
2. Access may not be obstructed to all owners of property that share common access
or a common wall.
3. No more than six (6) infants or toddlers exclusive of the applicant's two (2)
children are allowed at any given time.
4. A State of Colorado license for infant and toddler day care must be maintained.
S. A Town of Avon Business License must be maintained.
6. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in
public hearing(s) shall be adhered to and considered binding conditions of
approval.
ADOPTED THIS 5th DAY OF JULY, 2005
Signed:
Terry Smith, Vice Chair
Attest:
Phil Struve, Secretary
Date:
Date:
F.•IPlanning & Zaning Co=LwI*nVWohulomU005IRes 05-08 L45C B2 IVR child care SRU.doc
BUCK CREEK CONDOMINIUM ASSSOCIATION
440 WEST BEAVER CREEK BLVD
AVON, COLORADO
970-949-6349
July 5, 2005
To:Town of Avon Planning & Zoning Commission
Re: Lot 12, Block 2, Benchmark at Beaver Creek Subdivision/540 Beaver Creek Blvd.
The 34 owners [representing more than 60 individuals] of the Buck Creek Condominium
Association respectfiilly present to the Town of Avon Planning & Zoning Commission the
Unanimous Resolution approved by the homeowners at the Association's annual meeting July 3,
2005.
"RESOLVED, that the Buck Creek Condominium Association supports the orderly and
rational development of new properties in the Town of Avon.
"RESOLVED, that the proposed Lot 12 Development consisting of 13 units with a height
of 60 feet and exceptionally massive buildings is strongly objected to for the following
reasons:
• Although the total number of units is reasonable; the overall size of the
buildings is excessive.
• According to the developer's drawings, the building will rise nearly 55 feet
above Beaver Creek Blvd, as compared to less than 25 feet above the road
for Buck Creek Condominiums.
• The 60 -foot height of the development will limit public views by creating a
`wall' that will block views from the mad as well as neighboring properties.
• The development has individual garages that will result in a maze of drives
and very We green space.
There exists a high potential for damaging drainage to adjoining properties
due to the topography of the property and the limited green area.
• The height and size of the development will result in loss of light and solar
heat to the adjoining properties.
• Allowing the development of such a massive property will craLc an
undesirable precedent for the Nottingham Lake area
"NOW THEREFORE, we urge the Planning Commission of the Town of Avon to
:+eject the proposed Lot 12 development as presently configured and to request a proposal .
from the developer that is more appropriate in terms of heigK density and massW
Thank you for your consideration.
Very truly yon,
The Buck Creek Condominium Association
1 „ �
Joanne Mackay,
President
RECEIVED
JUL 0 5 2005
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