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PZC Packet 022106Town of Avon Planning & Zoning Commission avo '1Meeting ryFebruary 21, 2006 C O L OR A D O Meetings Held At: Avon Town Council Chambers Meetings are open to the public Avon Municipal Building / 400 Benchmark Road 5:00 - 5:30 pm Work Session Discussion of Regular Meeting Agenda Items in Council Chambers. Open to the Public. - REGULAR MEETING AGENDA - I. Call to Order (5:30 pm) II. Roll Call III. Additions and Amendments to the Agenda IV. Conflicts of Interest V. Consent Agenda A. Approval of the February 7, 2006 Planning & Zoning Commission Meeting Minutes. VI. Riverfront Subdivision Minimum Design Standards Review (5:30pm - 6:00pm) CONTINUED Property Location: Confluence/95 Avon Road Applicant: East West Resorts /Owner. Vail Associates Description: A request for an amendment to the Confluence PUD to modify the existing development rights and zoning for the entire property was forwarded by the Commission to Town Council on January 17, 2006. The recommended approval requested that minimum architectural design standards be submitted to the Commission and, after review, be forwarded to Town Council and incorporated into the PUD Development plan. This item was tabled from the last Commission meeting, and this will be the second draft of proposed design standards for this PUD development. VII. Parking Variance (6:00pm - 6:30pm) CONTINUED PUBLIC HEARING Property Location: Tract Y, Mountain Star, Filing 3 / 0382 Metcalf Road Applicant: Mark Donaldson /Owners: ARI of Avon, LLC Description: A request for a Variance from section 17.24.020-11 (b) of the Avon Municipal Code, to reduce (from 1/800 GFA to 1/1300 GFA) the parking required for a self -storage land use. The Commission tabled this application from their February 7, 2006 meeting. VIII. PUD Amendment/ Wildridge (6:30pm - 7:00pm) PUBLIC HEARING -REMANDED FROM TOWN COUNCIL Properly Location: Lot 44 & 45, Block 4, Wildridge Subdivision / 5123 & 5129 Longsun Lane Applicant: Sam Ecker /Owners: Sam Ecker, Bruce & Susan Baca Description: A request for an amendment to the Wildridge PUD to allow for three (detached) single- family residences in place of a two duplex structures. This amendment would permanently reduce the density for the properties by one dwelling unit. A new lot would be created for the third single-family residence and the vehicular access to the new lot would be accessed from Wildridge Road East. Also Posted on February 17, 2006 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.ora / Please call (970) 748.4030 for directions -being -reviewed is a Preliminary Subdivision application. Avon Town Council, at their January 24, 2006 meeting, remanded this application back to the Commission for reconsideration. IX. Master Sign Program Amendment - Petro Hut (7:OOpm - 7:15pm) CONTINUED Property Location: Lot 67/68, Block 1, BMBC Subdivision / 0008 Nottingham Road Applicant: George Roberts /Owners: ARI of Avon, LLC Description: A request to amend the Petro -Hut Master Sign Program for the monument sign design as well as the addition of a sign to the east elevation of the building. The dimensions and size of the monument sign would be altered and a new 2' x 8' tenant sign (identical to the existing signs that face the round -a -bout) is proposed for the east side of the building facing the off ramp to 1-70 westbound. The mockup of the monument sign, as requested by the Commission, is available for review before the meeting. X. Sketch Design Plans (7:15pm - 8:OOpm) A. Lot 1, Dry Creek PUD, A Resubdivision of Lot 44, Block 2, Wildridge / 2810A Old Trail Road Applicant: Michael Sanner /Owner. Trent Hubbard Description: Sketch review for a single-family home approximately 4,000 square feet in size for the first (southern) lot in the Dry Creek PUD. The design is "craftsman style" with the following materials: lap cedar siding, board on board cedar siding, dry stacked Telluride Gold stone, cor-ten steel roof and 40yr elk prestige composite shingles, and stucco. B. Lot 40, Block 4, Wildridge / 5070 Wildridge Road East Applicant/Owner: Phillip Matsen Description: This is a sketch design review for a duplex located on Wildridge Road East. The building would total over 10,000 square feet (including garages) and proposes stone, stucco, wood siding (horizontal and vertical), and asphalt shingles. There is an existing single-family home to the east and open space to the west and south. C. Lot 12, Block 4, Wildridge / 5712Wildridge Road East Applicant/Owner: Jim Jose Description: A duplex residence proposed on this Wildridge Road East property at the top of Wildridge. The lot is difficult with respect to steep existing grades and limited access opportunities. XI. Zoning Text Amendment (B:OOpm - 8:30pm) PUBLIC HEARING Description: The proposed amendment wouldestablish self -storage as an allowed use in the Industrial /Commercial (I/C) Zone District by amending Section 17.20.010 of the Municipal Code and establish a corresponding parking standard for this use. Minimum parking standards for other currently allowed uses in the I/C Zone District (including self storage) are proposed, by amending Section 17.24.020 (C) - Off Street Parking Table - in the Avon Municipal Code. This amendment may additionally amend section 17.08 - Definitions - for land uses within the I/C Zone District. XII: Other Business (8:30pm) XIII. Adjourn (8:35pm) Posted on February 17, 2006 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.ora / Please call (970) 748.4030 for directions y to Town of Avon Planning & Zoning Commission Meeting C oL0 a A oo Minutes February 7, 2006 I. Call to Order The meeting was called to order at 5:30 pm. Roll Call All Commissioners were in attendance with the exception of Commissioner Green. III. Additions and Amendments to the Agenda Eric Heidemann brought a few items to the attention of the Commission with the site tour at Noon today regarding the Tract Y, Mountain Center Subdivision Filing, with two commissioners present, Commissioner Struve and Commissioner D'Agostino. He continued with a change to the agenda beginning with Item VIII that stated the Applicant requested that this item be tabled and that was in error, as the item was not requested to be tabled; and Item X referenced Items IX and X and should reference Items VIII and IX. IV. Conflicts of Interest Commissioner Evans revealed a conflict of interest with Items VIII, IX and X, regarding Tract Y, Mountain Star, Filing 3/0382 Metcalf Road, Applicant: Mark Donaldson/Owners: ARI of Avon, LLC. V. Consent Agenda: Approval of the January 17, 2006, Planning & Zoning Commission Meeting Minutes. Commissioner Smith motioned for the approval of the Minutes from the January 17, 2006 Planning and Zoning Commission Meetings; Commissioner Savage seconded and the motion passed unanimously. VI. Riverfront Subdivision Minimum Design Standards Review Property Location: Confluence PUD/95 Avon Road Applicant: East West Resorts /Owner: Vail Associates Description: A request for an amendment to the Confluence PUD to modify the existing development rights and zoning for the entire property was forwarded by the Commission to Town Council on January 17, 2006. The recommended approval requested that minimum architectural design standards be submitted to the Commission and, after review, be forwarded to Town Council and incorporated into the PUD Development plan. The Commission will review the first draft of proposed design standards. Tambi Katieb refreshed the Commission on conditions for site-specific standards regarding approved Resolution 06-01 and the applicant's submittal was not provided in time for Staff review. Mr. Katieb requested a discussion of the proposed changes Andy Gunion, East West Partners, approached the podium to begin discussion on the Riverfront Village. David Kaselak, Zehren and Associates, introduced the Riverfront Village Design Guidelines as submitted to Staff on a bullet point by bullet point presentation. He highlighted the primary concerns of the Commission. Commissioner Struve questioned where the concrete n blocks and walks were proposed. Mr. Kaslack continued with discussing massing and how details were in line with the Town of Avon guidelines, building bases, massing, roof pitches, building heights. The Commission expressed concern regarding the broad language used in these guidelines and requested more detailed language be used in the next draft. Also suggested by the Commission was the replacement of the word "should be" with "shall". Commissioner Evans questioned if the development standards or the design guidelines were being addressed, and continued by commenting that the guidelines were more like standards that define the project. Andy Gunion replied that design standards were a mid point for discussion. Commissioner Evans commented that it was items of the development for the site. Chuck Madison commented that the hotel was a couple of weeks from sketch design submittal and Commissioner Evans responded that an actual design standard with specific design guidelines which were above and beyond the Town Core Design Guidelines, would give the Commission parameters to approve within the PUD. Mr. Madison commented that sketch for the hotel was unique to the site. Mr. Katieb commented that a sketch design for the hotel would benefit from being a separate set of guidelines. Mr. Madison commented that massing ridgelines materials were addressed. It was determined by the Commission and by Staff that the hotel would not be applicable to the guidelines and that reviewing the hotel concurrent with the guidelines would help in the drafting of the guidelines. Commissioner D'Agostino questioned the guideline review of the formal planting at the riparian area at the rivers edge and Mr. Madison responded that the intention was to leave the area natural as well as creating put in points for the river's access but to designate areas for this use to direct the public away from trampling the river's edge natural vegetation. Commissioner Buckner commented that bringing stucco to ground level was a issue and the use of the term "similar materials" leaves an inappropriate opening for interpretation. Commissioner D'Agostino made a motion to table Item Vi, Riverfront Subdivision Minimum Design Standards Review, Property Location: Confluence PUD/95 Avon Road, with Commissioner Smith seconding. All Commissioners were in favor and the motion passed unanimously to table to the next meeting. VII. Final Design Plan Property Location: Lot 10, Block 3, Wildridge Subdvision/4010 Wildridge Road West Applicant: Daniel Ritsch Description: The applicant is proposing a Final Design application for a 9,400 square foot duplex residence on the subject property. The property is a relatively steep uphill lot located at the intersection of Bear Trap and Wildridge Road. The proposed materials include stone veneer, cedar siding, and asphalt shingles. Eric Heidemann presented the Staff Report. Stuart Brummett, architect, approached the podium to address commissioner concern from sketch plan and presented the commissioners a cut sheet and retaining wall details to review. Commissioner Smith favored the driveway design and parking; Commissioner Savage discussed the pavers along with lighting fixtures and their locations. Commissioner Evans questioned the Cor -ten AZP, a new product from US Steel, which doesn't allow for rust. Commissioner Struve moved for approval of Item VII, Final Design Plan, Property Location: Lot 10, Block 3, Wildridge Subdvision/4010 Wildridge Road West with conditions listed in the staff report and Commissioner Buckner seconded the motion. All commissioners were in favor and the motion passed 6 - 0. VIII. Parking Variance -PUBLIC HEARING Property Location: Tract Y, Mountain Star, Filing 3 / 0382 Metcalf Road Applicant: Mark Donaldson /Owners: ARI of Avon, LLC Description: A request for a Variance from section 17.24.020-11 (b) of the Avon Municipal Code, to reduce (from 1/800 GFA to 1/1300 GFA) the parking required for a self -storage land use. Additionally, relief is being sought from section 17.24.030 of the Municipal Code to eliminate the requirement for more than one 12' x 35' loading berth for self -storage and warehousing land uses. This application is being reviewed concurrently with a Special Review Use application as well as a sketch design plan review. The applicant has requested that this agenda item be tabled until a later meeting date. Eric Heidemann presented the staff report. Mark Donaldson approached the podium for Commissioner comments and voiced that the parking code definitely needed to be amended. Mr. Donaldson read the staff report and reviewed the criteria and the findings of this report. Past variances and their nature were then outlined. Staff advised the Applicant that a variance was the wrong road about a week ago. Mr. Donaldson read from the Avon Municipal Code and the fundamental differences in interpretation. Mr. Donaldson read each of the variance criteria as presented in the Staff Report. Findings required were read next and responded to Item A with the AAA Self Storage having 22 spaces through a variance. Mr. Donaldson maintained that the project conformed to the letter of criteria. Chris Jurgens, Victor Mark Donaldson Architects, approached the podium to discuss the parking issue with 1 to 1300 sq ft and stated it paralleled what was currently provided at the AAA Mini - Storage and Mountain Center project on Nottingham Road. Mr. Donaldson distributed an Exhibit A - "Self Storage Standards and the Modern Community", Self Storage Association, undated. Mr.'Jurgens began to site similarities with the provided analysis in Exhibit B — "Land Use: 151 Mini Warehouse", Trip Generation, January 1991, Institute of Transportation Engineers, newly provided to the Commission. Commissioner Savage requested that these materials should have been provided to the Commission for their review prior to the Meeting. Commissioner Buckner questioned where the 1 to 1300 was formulated. Chris Jurgens responded that it was the most restrictive with AAA Mini Storage's granted variance of 1 to 1300 sq ft, Mountain Center, previously had zero, Avon Self Storage has 7 spaces to 44000 sq ft as it appeared by a site visit. Eric Heidemann interjected that Staff was not disputing that 1300 sq ft per space doesn't work. Staff commented that the variance process was not the proper venue for this issue. Staff has initiated a zoning code amendment for a new parking standard and a draft ordinance would be prepared for the Commission at the next meeting. Staff would like to come back to the Commission with researched findings as well. Bob Preeo, attorney for one of the applicants in this project, addressed the issue of the parking code and he was told that the variance process was the proper approach to the issue. He continued that process was previously approved. Commissioner Savage commented that the variance was done in error in the past, to continue in error does not make it right. Commissioner Buckner asked what the basis for the reversal was last time. Mr. Preeo responded that it was the result of the number of cars on the roadway with denial by one vote from Town Council on appeal. Mr. Donaldson asked if staff had the Town Attorney opinion on this matter. OPEN PUBLIC HEARING TJ Connors, appellant on the variance for 1 for 5000, approached the podium for comment. Mr. Connors believed that Town Council overturned Planning and Zoning on the last variance because they felt it violated most of the requirements in the Code. Mr. Connors continued by stating that this is a different type of self -storage in that it is multi -storied and continued that as owner of AAA Mini Storage, parking at 1 per 800 sq it in the I/C or parking on their site is the biggest problem they have. CLOSED PUBLIC HEARING Commissioner Buckner began commissioner review by commenting that a four-story unit would be less likely to have cars remaining than a one-story unit. Commissioner D'Agostino questioned what was the commission being asked to decide: a variance or the legal issue of the variance process? Mr. Heidemann apologized for the lack of legal counsel and requested the Commission to address the application as presented. Commissioner Savage commented that other issue decisions were made in error and to make additional error doesn't make it right. Commissioner Smith concurred with Commissioner D'Agostino that other buildings have transitioned to other uses thus causing parking and traffic issues and that without a guarantee that this building would forever remain self -storage, it could not be supported to cutting the parking requirement. Mr. Jurgens suggested the town attorney's input was necessary and requested tabling the application to the next meeting. Commissioner Struve moved to table Item VIII, Parking Variance, Property Location: Tract Y, Mountain Star, Filing 3 / 0382 Metcalf Road, request for a variance. Commissioner Savage seconded the motion with all Commissioners in favor with a 5 — 0 vote. IX. Special Review Use Application - Caretaker Unit - PUBLIC HEARING Property Location: Tract Y, Mountain Star, Filing 3 / 0382 Metcalf Road Applicant. Mark Donaldson /Owners: ARI of Avon, LLC Description: A request for a Special Review Use Permit, pursuant to section 17.20.010 (c) of the Avon Municipal Code, to establish one residential caretaker unit on the subject property. Up to four (4) accessory apartments are allowed in this zone district, if approved with a Special Review Use permit. Matt Pielsticker requested to open the Item IX — Special Review Use and Item X — Sketch Plan Application at the same time and was approved by the Applicant. Mr. Pielsticker continued by presenting the Staff Reports to the Commission. The benefit of an on-site manager unit was discussed OPEN PUBLIC HEARING No public input was provided. I CLOSED PUBLIC HEARING Commissioner Savage motioned for approval of Item IX, Special Review Use Application - Caretaker Unit, Property Location: Tract Y, Mountain Star, Filing 3 / 0382 Metcalf Road, with Commissioner Struve seconding the motion. The motion passed 5 - 0. X. Sketch Design Plan - IndustriaUCommercial Property Location: Tract Y, Mountain Star, Filing 3 / 0382 Metcalf Road Applicant: Mark Donaldson /Owners: ARI of Avon, LLC Description: The applicant is proposing this sketch plan review for two buildings on Metcalf Road. This application is being reviewed in conjunction with the above agenda items IX and X. The project proposes a mixture of vertically mixed "I/C" and self -storage land uses. The buildings are constructed primarily with pre cast concrete siding and EIFS materials. Commissioner Struve suggested more use of the arched windows on the building. Commissioner Savage was fine with the sketch design and Commissioner D'Agostino commented on the amount of site disturbance as excessive and requested to see a building envelope by final design and the use of more mixed materials. Commissioner Buckner suggested focusing on west elevation of Building One, commented on the lower entry with gable and the columns might be more outward to pronounce it. Commissioner Struve questioned residential unit and its total separation from the commercial uses of the project, and commented on fencing of the project with Mr. Donaldson responding that it was unnecessary. No public input was provided. OPEN PUBLIC HEARING CLOSED PUBLIC HEARING A sketch design application does not require a motion by the Commission. XI. Special Review Use Application - Tree Sales - PUBLIC HEARING Property Location: Lots 3 & 6 McGrady Acres Subdivision / 86 & 95 Nottingham Ranch Road Applicant. Paul Doughty /Owners: Traer Creek, LLC - Magnus Lindholm Description: A request for a Special Review Use Permit, pursuant to Section 17.48.020B of the Avon Municipal Code, to establish a landscaping nursery for retail sales in the McGrady Acres Subdivision off Post Boulevard. Staff is requesting that this item be tabled until the March 7, 2006 Commission meeting. Additional information has been requested from the applicants in order to review this application. Commissioner Smith motioned to table this item until a later meeting. Commissioner Buckner seconded the motion and all Commissioners were in favor with a 6 — 0 vote. XII. Other Business A. RR crossings were approved and Town is waiting for the approval in writing. B. The Gates project is working on reissuance of its CDOT access easement and a mock up is due to the Commission before continuing. April 27"- 2008- is the date of resolution of outstanding issues. C. Affordable Housing Corporation for the Village at Avon — Buffalo Ridge was discussed. D. Comprehensive Plan to be distributed for final plan review on 2/28/06 Town Council Meeting. A joint work session with the Commission and Town Council is anticipated. E. Cottonwood lot, furthest north lot on site, designated for Gore Range Science School. XIII. Adjourn Commissioner Struve motioned to adjourn. All Commissioners were in favor. The meeting was adjourned at 8:10 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Chris Evans Chairman Phil Struve Secretary \ a ALI RIM JJ E i Ak i K,K,,y, � w,. /• t > J 7 114 , �.�- _•: fi , u t• : rw�e' r L ■■■ | .4 F RM r 7=1 g ~#/ m I �§ �} 11111 11 I I FAMah, 0 9 Lt" 0 9 ..f. a � 0 m m d ca c co `o 0 U 0 W, of a LU 0o . 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Un r a� z � pz a) C/) -=3 Lu c ?� O LU U m m Al U) 06 F— O cr N O o N _ W O Er U Z o O Q cc - cu wm v) OC a� z P= a) U LU o W �� F— F�- c o o - o U C/J a O m J L U O O d T r O d m Al U) 06 F— O cr N O o N _ W O Er U Z o O Q cc - cu wm v) OC a� z P= a) U LU o W �� F— F�- Memo To: Planning & Zoning Commission From: Tambi Katieb, AICP Director of Community Development Eric Heidemann, AICP Senior Planner Date: February 15, 2006 Re: Confluence (Riverfront Subdivision) PUD — Riverfront Village Design Standards Summary: On January 17, 2006 the Planning & Zoning Commission forwarded a recommendation of conditional approval for the PUD Amendment application submitted by East West Partners for the Confluence PUD ("Riverfront Subdivision"). In forwarding this recommendation to the Town Council, the Commission adopted the staff recommended condition that the final PUD Development plan was conditioned upon approval of site specific design standards. The minimum criteria to be addressed in these standards was attached to Resolution 06-01, and the approval of these minimums would be forwarded to the Town Council and incorporated in the PUD approval by second reading of the Ordinance. In order for Council to find PUD Design Criteria 17.20.110(h) (2), (3), and (6) approvable, the Commission will need to forward a final version of the design standards to Council for incorporation into the PUD approval. A fust draft of the design standards was reviewed by the Commission at the February 7, 2006 meeting and comments forwarded to the applicant on the style and content. Staff subsequently reviewed a revised draft of the standards, and after further comment and refinement by the applicant, we are recommending adoption of the standards attached to this memo. The original draft is attached to this report, and as requested, the applicant has included only specific references to the hotel in areas of massing and height and has revised the entire document to be more prescriptive ("shall' instead of "should" or "encourage") in all areas. Illustrative perspectives, the approved site plan and the massing model will also be available for this discussion and review. Also, portions of the recently submitted sketch design plan application for the hotel are attached to assist you in framing the discussion. F:1Planning & Znning Commission4Memos\2006Utivmfront Design Standards 021606.dm Recommendation: Staff recommends that the Commission approves and forwards the attached Riverfront Design Standards to Town Council to satisfy the condition of Resolution 06-01. These standards will be incorporated into the fmal development plan for the PUD that will be approved by Town Council. Recommend Motion: "I move to approve the Riverfront Village Design Standards, dated February 14, 2006. These standards shall be incorporated into the fmal development plan for the Riverfront Subdivision/Confluence Planned Unit Development Guide prior to adoption of the PUD by Town Councir Attachments: 1/ Final draft Riverfront Village Design Guidelines (dated Feb. 14, 2006) & Sketch Plan application site plan, elevations, and perspectives. 2/ Resolution No, 06-01 F:\PWm g & Zoning Co issian\Me \2006\Rivefiunt Design Stuxlar& 021606.dw RIVERFRONT VILLAGE Avon, Colorado DESIGN STANDARDS February 14, 2006 I. Vision Statement for Riverfront Village A. Scope of Design Standards 1) The following Design Standards for Riverfront Village have been established to ensure the overall quality and compatibility of the Village with the Town of Avon and its riverfront site. In general these Standards shall apply to all buildings and plaza areas within Riverfront Village, with the exception of the Hotel building, or as otherwise noted. 2) An important aspect of the Riverfront Village vision is responsible care for the environment and sustainability, of the architecture and landscape. To this end, best efforts will be made to meet the principles set forth in the LEED (Leadership in Energy and Environmental Design) Green Building System for the Hotel. In addition, all ocher buildings within the Village will be designed with sensitivity to the sustainability aspects of site and architectural design. B. Architectural Theme 1) Riverfront Village represents an important interface between the Town of Avon and Beaver Creek Ski Resort. It is envisioned as a lively gathering place connecting the river, mountain and town- a pedestrian friendly environment where townspeople and guests can stroll from Avon's western Town Center, through the resort retail plaza, to ride the gondola up to the mountain or to step down to the river. 2) The village is situated on the seam between the town and the mountain landscape and should therefore strike a balance between the two environments, creating an architectural expression that captures both alpine and townscape traditions. To achieve this balance, the architecture shall take advantage of the "noble" materials inherent to successful mountain resort architecture—such as stone, wood, and other natural materials, combined with more contemporary materials such as stucco, metal, and recycled products. 3) The Architectural Theme will also feature the use of large areas of glass, clean building forms based on pure geometries, simple but honest detailing (not overly rustic, "heavy," or overstated), and the bolder proportions appropriate to the larger scale of the Town. C. Design of Public Spaces 1) A public plaza will be used to fink the Town of Avon to the Eagle River. This link should be reinforced in both a physical and perceptual way through the use of Riverfront Village February 14, 2006 Draft Design Standards Page I of 6 paving materials, landscaping, and sensitive spatial planning. Spatial planning shall include components that reinforce the connectivity of the Town to the River, and avoid elements that act as barriers to this connection, such as planter walls that block pedestrian flow, landscaping that screens the visual connection between Town and River, etc. D. Pedestrian orientation 1) A pedestrian corridor, connecting the town to a retail plaza with gondola, will gracefully transition from the plaza to the riverfront promenade by way of a staircase and stepped terraces merging with the natural landscape. This transition will avoid barriers from the Town to the River, and include elements which reinforce this connection, including similar paving materials, wide pedestrian ways that encourage movement, active signage and wayfinding, and a gracious grand stair with oversized treads and minimal risers. 2) Pathways shall also create a network within the Village itself, linking the different buildings along the length of the site and providing pedestrian access to defined access/gathering points along the River. The Plaza and pathways within Riverfront Village should encourage a pedestrian -friendly environment. E. View Corridors 1) A primary southern view corridor to the mountains shall be maintained from the eastern railroad crossing through the public plaza to help reinforce the connection between the Town and the ski mountain. 2) An east -west view corridor along the Eagle River will also be maintained through the preservation of a 75 -foot river setback throughout most of the site, with limited minor encroachments as allowed in the development plan. In addition, the Riverfront Park will act as a natural corridor along the river edge portion of the Village and act to enhance this view corridor. F. The Natural Environment 1) The Eagle River is a primary amenity for the Town of Avon and Riverfront Village. Links to the River shall be developed as special pedestrian ways to help activate this wonderful amenity. 2) The 75 -foot river setback will be largely left in its natural state, and certain defined river access and gathering points should be created along the linear riverfront path. 3) In general, additional plantings within the river setback will be riparian in character and relate to plantings indigenous to river edge environments. More formal planting areas -- such as small sections of lawn, however, are encouraged at special gathering and access points to highlight these more formal features. Formal plantings featuring annuals are not permitted within the 75 -foot setback. 4) In an effort to enhance the natural environment, site walls and site walkways should become more "organic" as they approach the river edge portion of the Riverfront Village February 14, 2006 Draft Design Standards Page 2 of 6 Village. Any walls installed south of the bike path shall be limited to boulder walls. Accessibility shall be considered when designing walkways. II. Site and Village Guidelines A. Primary Building Entries 1) Primary building entries shall be emphasized as welcoming portals through careful attention to massing, scale, and materials. This will ensure that River£ront Village will not turn its back to Avon. Portals will be scaled to encourage pedestrian movement through them—and avoid overwhelming or diminutive massing—and they will be treated with materials that enhance this experience. The front doors of buildings should be treated in interesting ways, either through the use of glass or special designs and materials that provide interest to these special areas of each building. 2) Massing of entries shall relate to the overall massing of the buildings but be presented as special forms different than typical building bays. Sensitivity to scale should be considered when transitioning from the overall larger building mass to the more intimate scale of the pedestrian visitor. Designers are encouraged to use materials in interesting ways at primary building entries to reinforce their unique role as part of the building and as part of the overall Village streetscape. B. Solar Access 1) A solar access study shall be required for buildings exceeding 3 stories in height. These studies will convey shading impacts at summer and winter solstice (Jun 21 and Dec 21), and at vernal and autumnal equinox (Mar 21 and Sept 21). C. Site Materials and Colors 1. Plaza materials a) Rustic materials common in mountain towns and/or a more contemporary interpretation of these materials such as cut stone pavers, colored concrete pavers, and stained or colored concrete slabs are appropriate to the Village. Colors shall be complementary to the site and its architecture, avoiding bright or brilliant hues that distract from the pedestrian experience. 2. Site walls a) Site walls shall make use of more contemporary materials such as colored concrete masonry, stained concrete, board -formed concrete, and similar materials, in colors complementary to the site and its buildings. Site walls shall relate to plaza materials and building bases to help visually merge the ground plane around the site. D. Site Signage — Design, materials, and colors 1) Site signage shall be designed to help animate the plaza and be consistent and compatible with the design and materiality of the buildings. Site lighting will also be used to enhance the pedestrian experience at the Plaza level. Riverfroot Village February 14, 2006 Draft Design Standards Page 3 of 6 III. Architectural Design Guidelines A. Building Form and Massing 1) In general the form and massing within Riverfront Village will follow the intent of the Town of Avon Design Guidelines by incorporating form articulation to avoid the monolithic. However, specific buildings within the Village shall be subject to less or more stringent requirements relative to building form and massing as identified within this document to form a coherent, pleasant composition for the entire neighborhood. 2) Smaller masses, such as portions of the building or elements such as porte cocheres, etc, will be used to break up the apparent size of larger budding forms. Smaller masses positioned in front of large masses will be used to reduce the visual dominance of the larger forms. 3) The development of building bases will help to tie together individual buildings within the Village and will also tie the Village to its riverfront site. Site walls, and ocher site features shall relate to building bases in a way that reinforces visual connectivity to the ground plane. The plaza and gondola terminal, with its cantilevered structure will stand out as an elevated element from the south, drawing people up from the river. 4) In general the middles of buildings will be more visually subtle, but broken by primary and secondary elevation features and material accents that help to avoid monotonous facades. On any given elevation at Lots 1, 3, and 4, 80 percent of the vertical wall area will be permitted to be within the same plane, with a minimum of 2 -foot offset for plane changes. Vertical forms comprised of stacked decks and balconies will be considered plane changes. At Lots 5, 6, and 7, 70 percent of the vertical wall area will be permitted to be within the same plane. 5) The roofscape of Riverfront Village is also critical to the success of the neighborhood and its relationship to the Town of Avon. The visual coherency of the Village should be reinforced through the use of similar roofing materials and colors throughout the Village, helping to knit the individual buildings together when seen from the Gondola or Beaver Creek above. 6) Pitched roofs expressive of an alpine tradition and the incorporation of dormers, shed roofs and chimney forms, should be employed. Primary roofs will have pitches ranging from a minimum of 4:12 to a maximum of 8:12. Secondary roofs—such as at dormers, Porte cocheres, building protrusions, and similar additive forms—may be flat, but only if they are finished in materials similar in quality to roof or wall materials on the building, such as pavers, colored stone, etc. When secondary roofs are pitched roofs, the minimum pitch required shall be 2:12. Flat roofs are not permitted for primary roof forms. Ideally flat roofs should be developed as terraces and other functional spaces. 7) Given the modern alpine character of the architecture at Riverfront Village, relatively small roof overhangs are encouraged for buildings on Lots 1 and 3, which are visually and compositionally related to the Hotel. At these locations the minimum roof overhang permitted shall be six inches. At other locations within Riverfront Village the minimum roof overhang shall be 24 inches for primary roofs and 12 inches at secondary dormers. Mverfront Village February 14, 2006 Draft Design Standards Page 4 of 6 8) To help ensure that roof ridges for the Village remain interesting and contribute to the overall success of building massing, uninterrupted ridgelines shall be avoided. To this end, roof ridgelines are limited to 150 feet before a change in height (elevation above sea level) is required. These breaks (elevation changes) shall run horizontally for at least 10% of the overall building ridge length before returning to the prior elevation. Overall building ridge length is defined as the sum of all primary ridge lengths for the entire building. B. Building Height 1) Building heights for the Riverfront Village will be restricted to the heights described in the approved Development Plan, as measured according to the Town of Avon Code. Architectural features such as chimneys, cupolas, and other similar elements will not be included when calculating maximum building height. 2) In addition, the percentage of ridge height allowed at the maximum allowable building height for any given building will be limited to 25% of the overall building ridge length. Overall building ridge length is defined as the sum of all primary ridge lengths for the entire building. 3) The maximum height for building facades fronting the Public Plaza will be Limited to 75 feet from the Plaza elevation. The only exception to this facade height limitation shall be for the western fagade of the central tower of the hotel, which shall be permitted to be as call as 100 ft. from Plaza elevation. This central tower facade may run horizontally for up to 60 feet along the plaza. 4) The minimum horizontal setback required for building facades exceeding the maximum height for building facades fronting the Public Plaza will be 2 feet from the building faqade fronting the Public Plaza. This shall only apply to the central tower portion of the Hotel. 5) The minimum setback required for maximum allowable height per the Development Standards from the Public Plaza will be 60 feet from building faqade fronting the Plaza C. Exterior Materials, Detailing, and Colors 1. Materials and colors for walls and roofs at Riverfront Village will have a Light Reflective Value (LRV) not exceeding 60%. a) Materials inherent to the mountains, including stone and wood, will be used at lower levels of buildings in areas of direct pedestrian interface, as well as metals. These "noble" materials should be used in refreshing ways within the Village, reinterpreted for the urban nature of Avon towards a "mountain modern' character. b) Stucco conveys mass in a subtle, "quiet" way and is therefore a recommended material for building middles and tops, except as prohibited by Codes. However, building accents comprised of non -stucco materials, such as metal, wood and cement materials replicating wood, shall be allowed in building middles and tops to help provide interest. When used, stucco shall be carefully detailed to ensure longevity when it comes near the ground plane at building walls. Riverfront Village February 14, 2006 Draft Design Standards Page 5 of 6 c) Roof materials will include rubber shingles, asphalt shingles and other materials suitable for mountain environments. Standing seam metal shall not be used for primary roof planes, but may be used for small and/or special roof features such as shed dormers, retail roof forms, pone cocheres, and other selective roof elements. d) In general, colors used within the Village should be complementary to the site, and be comprised of greens, grays, golds, browns, and other earth -tone hues. However, due to the desire for a highly activated retail experience at the Plaza level, the colors used along the retail edges of the Public way may be more vibrant and active in nature. 2. Minimum window area at plaza level a) At a minimum, 50% of the 1" level of building facades facing the plaza from the east and the west shall be glass. For this calculation the plaza shall be deemed to begin at the northwest corner of the hotel and the northeast corner of timeshare west and shall terminate at the east -west plane where the staircase down to the river begins. This calculation shall exclude the gondola terminal, control booth and public restrooms. END OF DRAFT DESIGN STANDARDS Riverfront Village February 14, 2006 Draft Design Standards Page 6 of 6 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 06-01 A RESOLUTION RECOMMENDING APPROVAL OF A PUD AMENDMENT APPLICATION AMENDING THE CONFLUENCE PUD, AS MORE SPECIFICALLY DESCRIBED IN THE APPLICATION DATED AUGUST 8, 2005. WHEREAS, East West Partners Inc. has filed an application to amend the existing Planned Unit Development ("PUD") and Development Agreement for the Confluence PUD; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning and Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public hearings on October 184, November 1, November 154', December 6'h, and December 204' of 2005 and January 17'h, 2006 at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD and Development Agreement; and WHEREAS, following such public hearing, the Planning and Zoning Commission forwarded its recommendation for approval on the PUD amendment application to the Town Council of the Town of Avon through Resolution 06-01; WHEREAS, said application appears to comply with the following PUD review criteria set forth in Section 17.12.110 of the Avon Municipal Code, including the following: 1. Conformance with the Town of Avon Comprehensive Plan's and Town Center Implementation Plan Goals and Policies as required by 17.20.110H (1); 2. The overall design concept of this PUD Amendment conforms to the design theme of the Town, and Design Guidelines as required by 17.20.11 OH(2); 3. The project is compatible with the immediate scale and character of existing properties in the vicinity. 17.20.1 IOH(3); 4. This PUD Amendment application is responsive and compatible to the existing surrounding land -uses. 17.20.110H (4); 5. The PUD Amendment application has identified and proposes to mitigate or avoid natural or geologic features. 17.20.110H (5); 6. The site plan, building design and location and open space provisions are designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 17.20.11 OH (6); 7. The circulation system is designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. 17.20.11 OH (7); 8. This PUD Amendment application has created functional open space that is responsive to existing views and buffers to open space. 17.20.110H(8); 9. The subdivision plan 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. 17.20.110H (9); 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection has been established. 17.20.110H (10); and 11. 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. 17.20.110H (11). WHEREAS, this PUD Amendment provides evidence of compliance with the public purpose provisions outlined in Section 17.28.085 of the Municipal Code, NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends approval to the Town Council for the amendment of the Confluence PUD Amendment application dated August 8, 2005 with the following conditions: 1. Required revisions to the Development Plan: A. Delete General Notes 7a, 7b, and 7c, and revise as follows: "A fifty-five (55) foot view corridor through the public plaza adjacent to the proposed hotel as presented on the development plan and the final plat for the Riverfront Subdivision shall remain unobstructed from the ground level upwards, with the exception of the gondola terminal. Minor encroachments such as awnings, landscaping, overhangs, decks and railings shall be reviewed and may be approved through the design review.approval process". B. Delete General Note #1 and revise as follows: Professional offices, including real estate offices, shall be limited to the two locations on the public plaza as depicted to the Planning and Zoning Commission January 17, 2006. A temporary timeshare sales office will be permitted in the hotel and must be vacated within thirty (30) days of issuance of Temporary Certificate of Occupancy for Building E (Lot 3). No other plaza level spaces are permitted for use by professional and general office, including financial institutions and real estate offices or residential units. C. Add the following general note: "This PUD Plan contains the development standards and uses for the Riverfront PUD. Other uses and provisions of the Town of Avon Zoning Code not specifically addressed herein, or in the related development agreement, shall apply to the Riverfront PUD." D. Add the following note: A solar access study showing the effects of shading on adjacent buildings and outdoor spaces is required for all proposed buildings exceeding 3 stories in height. Sun studies should be prepared on a site plan of a scale not less than I"=40' showing shadows at 10 am and 3pm on March 21, lune 21, September 21, and December 21. E. The maximum building height shall be as follows: L Hotel, Timeshare and.Whole Ownership- as depicted on Land Use Table of PUD Development Plan dated January 12, 2006. ii. In all instances, the maximum allowable percentage of a building ridgeline to be at or near the maximum height shall be governed by the more restrictive criteria of the Riverfront Design Standards and the Town of Avon Design Review Guidelines. F. Final approval of this PUD Development plan is conditioned upon approval of site specific design standards ("Riverfront Design Standards") by the Planning and Zoning Commission and Town Council, incorporated on the PUD Development Plan and recorded at the time of approval of the PUD. The criteria, at a minimum, shall include design elements as outlined in Exhibit A to Resolution 06-01. 2. Parking Conditions: A. Delete General Note #8 and revise as follows: "A parking management plan, generally consistent with recommendations outlined in the Walker Preliminary Parking Operations Plan dated December 5, 2005 shall be submitted and, after review and approval by the Zoning Administrator, be recorded as a covenant with by issuance of Certificate of Occupancy. The approved plan shall not be changed without notification of the Town, and shall be enforceable by the Zoning Administrator". 3. General Conditions: A. Water Rights: The property owner shall convey to the Town the water rights necessary to serve the approved development. Final water right determination shall be resolved between the property owner and the Town prior to the recording of a Final Plat. B. Revise General Note #10 to add the following: Additional Commercial GLFA exceeding the PUD maximum may be approved for restaurant, bars, cocktail lounges and similar uses subject to a Special Review Use. C. Revise General Note #12 to: Office space above but not on the public plaza level may be converted to Residential/Lodging uses provided the maximum number of Dwelling Units is not exceeded after such conversion. Required parking shall be recalculated after taking into account such conversion and any excess parking spaces may then be individually deeded. D. The property owner shall submit a master landscaping and public plaza design plan 1 for Lots 1-7, including Tract A, to be reviewed and approved by the Planning and Zoning Commission prior to issuance of the first building permit for the hotel. E. Tract "A" shall be deeded to the Town and zoned "Open Space, Landscaping and Drainage" in accordance with section 17.20.120 of the Municipal Code prior to the issuance of the first Certificate of Occupancy but no later than January 1, 2008. F. The Affordable Housing requirement shall be determined by Council if amended from the existing 10% requirement. G. The property owner shall construct the proposed Westin Hotel or equivalent, Public Plaza, and gondola as generally submitted in the August 3, 2005 application. Significant changes to the hotel brand or brand equivalent, public plaza, conceptual architectural illustrations or conveyance to the Beaver Creek Landing shall require a major amendment to the PUD. H. A revised development agreement shall incorporate and reference the approved PUD Development Plan, including all conditions of approval specified in Planning and Zoning Commission Resolution 06-01. I. 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 17'4 DAY OF January, 2006 Signed: Date: r' 146 6 Chris Evans, Chair An r: Date: Phil Struve, Secretary Exhibit ,A" to Resolution 06-0 Riverfront Subdivision Minimum Design Standards The (Westin) Rivedront Subdivision Design Standards, incorporated on the PUD Development Plan, shall include minimum standards for thedesign these that will Standards the Town e1 of Avon Design Review Guidelines. The app royal. shall be required and I Design standards shall addresstth following a 9 part of BUD Development Plan final app Architectural Goal and Obiectivss: Project: Establish theme and quality for the entire project, define the predominant style and characteristics of buildings and the interface with both public spaces, predominant views and the natural environment. Site Design: Solar Access: A solar access study shall be required for buildings exceeding 3 stories located in the subdivision. Building Entry: General requirements for emphasis on building envies. nSite mat facing met rial list all suitable necessary retaining and walls. colors for all public plaza areas, Building Haight, Massing A scala: Street/Pedestrian Level, All Buildings: Defined minimum window areas, materials palette, and minimum use of stone on each building. Wali Facades, Public Plaza: Define maximum height for all building facades fronting the public plaza, and an identified minimum setback at a horizontal elevation above that height. d minimum bre All Buildings: A defined maximum percentage of wall planes, a define In wall planes for all elevations. Maximum Heights, All hts May be at the al nvable height, a defined minimum setback of those ridges fre of ridge om thethat apublic ply Exterior walla and Surfaces: Materials: Material palette, color palette, prohibited materials. Retaining walls: Facing material and color palette. All buildings: Prohibited materials and finishes, minimum materials on all elevations. All buildings: Material and color palette, minimum detailing, construction technique, and size/proportionality guidelines. All buildings: Minimum roof pitch, roof material palette (Including LRV), maximum uninterrupted roof planes, minimum overhang length Signs: Project: General style, materials and color palette to form the basis of a Master Sign Program for the entire project. RIVERFRONT VILLAGE DESIGN GUIDELINES February 1, 2006 DRAFT I. Vision Statement for Rivet&ont Village A. Architectural Theme • Rivetfront Village represents an important interface between the Town of Avon and Beaver Creek Ski Resort. It is envisioned as a lively gathering place connecting the river, mountain and town- a pedestrian friendly environment where townspeople and guests can stroll from Avon's western Town Center, through the resort retail plaza, to ride the gondola up to the mountain or to step down to the river. • The village is situated on the seam between the town and the mountain landscape and should therefore strike a balance between the two environments, creating an architectural expression that captures both alpine and townscape traditions. To achieve this balance, the architecture should take advantage of the "noble" materials inherent to successful mountain resort architecture—such as stone, wood, and other natural materials, combined with more contemporary materials such as stucco and metal. • The Architectural Theme should also feature use of large areas of glass, clean building forms based on pure geometries, simple but honest detailing (not rustic or overstated), and proportions appropriate to the larger scale of the Town. B. Design of Public Spaces • A public plaza should be used to link the Town of Avon to the Eagle River. This link should be reinforced in both a physical and perceptual way through the use of paving materials, landscaping, and sensitive spatial planning. C. Pedestrian orientation • A pedestrian corridor, connecting the town to a retail plaza with gondola, should gracefully transition from the plaza to the uverfront promenade by way of a staircase and stepped terraces merging with the natural landscape. • Pathways should also create a network within the Village itself, linking the different buildings along the length of the site and providing pedestrian access to defined access/gathering points along the River. The Plaza and pathways within Riverfront Village should encourage a pedestrian -friendly environment. Riverfront Village February 1, 2006 Draft Design Guidelines Page I of 5 D. View Corridors ■ A primary southern view corridor to the mountains should be maintained from the eastern railroad crossing through the public plaza to help reinforce the connection between the Town and the ski mountain. ■ An east -west view corridor along the Eagle River should also be maintained through the preservation of a 75 -foot river setback in most portions of the site. E. The Natural Environment The Eagle Rivet is a primary amenity for the Town of Avon and Riverfront Village. Links to the River should be developed as special pedestrian ways to help activate this wonderful amenity. The 75 -foot river setback should be largely left in its natural state, certain defined river access and gathering points should be created along the linear riverfront path. In general, additional plantings within the river setback should be riparian in character and relate to plantings indigenous to river edge environments. More formal planting areas are encouraged, however, at special gathering and access points to highlight these features. II. Site and Village Guidelines A. Primary Building Entries ■ Primary building entries should be emphasized as welcoming portals through careful attention to massing, scale, and materials. Massing of entries should relate to the overall massing of the building but be presented as special forms different than typical building bays. Sensitivity to scale should be considered when transitioning from the overall building mass to the more intimate scale of the pedestrian visitor. Materials should be used in novel ways at primary building entries to reinforce their unique role as part of the building and as part of the overall Village streetscape. B. Solar Access ■ A solar access study shall be required for buildings exceeding 3 stories in height These studies will convey shading impacts at summer and winter solstice Qun 21 and Dec 21), and at vernal and autumnal equinox (Mar 21 and Sept 21). Riverfront Village February t, 2006 Daft Design Guidelines Page 2 of 5 C. Site Materials and Colors 1. Plaza materials • Rustic materials and/or a more contemporary interpretation of rustic materials such as cut stone pavers, colored concrete pavers, concrete slabs, and the like are appropriate to the Village. Colors should be complementary to the site and its architecture, avoiding bright or brilliant hues that distract from the pedestrian experience. 2. Site walls • Site walls should make use of more contemporary materials such as concrete block, stained concrete, and similar materials, but in colors complementary to the site and its buildings. Site walls should relate to plaza materials and building bases to help visually merge the ground plane around the site. D. Site Signage — Design, materials, and colors • To be consistent and compatible with the design and materiality of the buildings. III.Architectural Design Guidelines A. Building Form and Massing • Building form and massing should be in keeping with the general Town of Avon Design Guidelines and incorporate form articulation to avoid the monolithic. • Smaller masses, such as portions of the building or elements such as Porte cocheres, etc, should be used to break up the apparent size of larger building forms. Smaller masses positioned in front of large masses help to reduce the visual dominance of the larger forms. • The development of building bases should help to tie together individual buildings within the Village and should also tie the Village to its riverfront site. Site walls, and other site features should relate to building bases in a way that reinforces visual connectivity to the ground plane. The plaza and gondola terminal, with its cantilevered structure should stand out as an elevated element from the south, drawing people up from the river. • In general the middles of buildings should be more visually subtle, but broken by Primary and secondary elevation features and material accents that help to avoid monotonous facades. On any given elevation 80 percent of the vertical wall area will be permitted to be within the same plane, with a minimum of 18 inch offset for. plane changes. • The roofscape of Riverfront Village is also critical to the success of the neighborhood and its relationship to the Town of Avon. The visual coherency of the Village should be reinforced through the use of similar roofing materials and colors throughout the Village, helping to knit the individual buildings together when seen from the Gondola or Beaver Creek above. Rive:front Village February 1, 2006 Draft Design Guidelines Page 3 of 5 Pitched roofs expressive of an alpine tradition and the incorporation of dormers, shed roofs and chimney forms, should be employed. Primary roofs will have pitches ranging from a minimum of 2:12 to a maximum of 12:12. Secondary roofs—such as at dormers, Porte cocheres, building protrusions, and similar additive forms—may be flat, but only if they are finished in materials similar in quality to roof or wall materials on the building, such as pavers, colored stone, etc. The primary roofs of the Hotel will be defined as the roofs matching the pitch and character of the tower element roof—the shed dormers at the wings of the Hotel are not considered primary roofs. Flat roofs ate not permitted for primary roof forms. Ideally flat roofs should be developed as terraces and other functional spaces. • Given the modem alpine character of the architecture at Riverfront Village no minimum roof overhang shall be specified. • While the buildings on Lots 1, 2 & 3 will cluster together to form the Village core with the Hotel as the taller defining centerpiece, the building on Lot 4 will stand a bit more in isolation. The help ensure that roof ridges for the building on Lot 4 remain interesting and contribute to the overall success of building massing, uninterrupted tidgelines are to be avoided. To this end, for the building on Lot 4, only one-third of the overall building ridge length may be contiguous at the same height above sea level until a break (elevation change) in the ridge is required. These breaks (elevation changes) shall run hotizontally for at least 10% of the overall building ridge length before returning to the prior elevation. Overall building ridge length is defined as the sum of all primary ridge lengths for the Petit& building. Due to the short lengths of buildings on Lots 5, 6 & 7, no ridge break restrictions shall by applied to these buildings. B. Building Height • Building heights for the Riverfront Village will be restricted to the heights described in the approved Development Plan, as measured according to the Town of Avon Code. Architectural features such as chimneys, cupolas, and other similar elements will not be included when calculating maximum building height. • In addition, the percentage of ridge height allowed at the maximum allowable building height for any given building will be limited to 609/0 of the overall building ridge length. Overall building ridge length is defined as the sum of all primary ridge lengths for the == building. • The maximum height for building facades fronting the Public Plaza will be 100 feet from the Plaza elevation. • The minimum horizontal setback required for building facades exceeding the maximum height for building facades fronting the Public Plaza will be 2 feet from the building fagade fronting the Public Plaza. • The minimum setback required for maximum allowable height per the Development Standards from the Public Plaza will be 60 feet from building fa4ade fronting the Plaza Riverfront Village February 1, 2006 Daft Design Guidelines Page 4 of 5 C. Exterior Materials, Detailing, and Colors 1. Materials and colors for walls and roofs at Riverfront Village will have a Light Reflective Value (LRV) not exceeding 60%. • Materials inherent to the mountains, including stone and wood, should be used at lower levels of buildings in areas of direct pedestrian interface as well as metals. These "noble" materials should be used in refreshing ways within the Village, reinterpreted for the urban nature of Avon towards a "mountain modem" character. • Stucco conveys mass in a subtle, "quiet" way and is therefore a recommended material for building middles and tops. However, building accents comprised of non -stucco materials, such as metal, wood and cement materials replicating wood, shall be allowed in building middles and tops to help provide interest • Roof materials may include rubber shingles, asphalt shingles and other materials suitable for mountain environments. Standing seam metal shall not be used for primary roof planes, but may be used for small and/or special roof features such as shed dormers, retail roof forms, porte cocheres, and other selective roof elements. • In general, colors used within the Village should be complementary to the site, and be comprised of greens, gays, golds, browns, and other earth -tone hues. However, due to the desire for a highly activated retail experience at the Plaza level, the colors used along the retail edges of the Public way may be more vibrant and active in nature. 2. Minimum window area at plaza level • At a minimum, 40% of the vertical square footage of the 1" level of building facades facing the plaza from the east and the west shall be glass and or openings in the f t4ade (include breezeway openings). For this calculation the plaza shall be deemed to begin at the northwest comer of the hotel and the northeast comet of timeshare west and shall terminate at the east -west plane where the staircase down to the river begins. This calculation shall exclude the gondola terminal, control booth and public restrooms. END OFDRAFTDESIGNGUIDELINES Riverfiont Village February 1, 2006 Draft Design Guidelines Page 5 of 5 Staff Report 7vi VARIANCE C O L O R A D O February 21, 2006 Planning & Zoning Commission meeting Report date February 16, 2006 Variance type Parking Code -Self Storage Legal description Tract Y, Mountain Star Filing No. 3 Zoning Industrial/Commercial (IC) Address 382 Metcalf Road Introduction The applicant is requesting a Variance from a parking standard for the self -storage use associated with the proposed Tract "Y" development project. The specific request is to reduce the minimum parking standard from 1/800sq.ft. to 1/1300 sq.ft. Staff has advised the applicant that processing a variance application in the absence of a specific regulation is the incorrect process for reasons noted below. This application was tabled from the Commission's February 7, 2006 meeting after holding a public hearing. First, the applicant is seeking relief from a section of the Municipal Code which does not exist. Self storage is not enumerated within the Offstreet Parking Table in Section 17.24.020C of the Municipal Code; therefore, either the Zoning Administrator must determine the appropriate parking requirement (after recommendation by appropriate Town Departments) or the Municipal Code must be amended to include this specific land use. In the absence of a specific parking ratio for self -storage, staff will initiate a zoning code text amendment to establish a parking standard for self -storage and establish self -storage as a permitted use in the I/C Zone. The result of the zoning amendment may eliminate the applicants need for a Variance. Secondly, staff believes the applicant has failed .to meet the hardship guidelines necessary to recommend approval. The Variance hardship guidelines are the most difficult standards for an applicant to meet and the fact that other Variances have been approved by the Town in the past or on other similar properties does not alone warrant approval of a Variance application. The findings required to grant a Variance are predicated on a specified regulation, which as stated above does not exist. Nonetheless, staff views the request as self-imposed with no rationale for not meeting the 1/800 standard other than approval of similar applications in the Town's history. Staff recommends this item be tabled until a Zoning Code amendment has taken place, and specific parking standards have been added to the Industrial land use designation. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Tract Y, Filing 3, Mountain Sta. subdivision, Parking Variance February 21, 2006 Planning 8 Zoning Commission meeting Page 2 of 5 Background The project is comprised of two large buildings that house both self -storage and "I/C Land Uses." According to the Avon Municipal Code, the IC zone district is intended "to provide sites for light industrial and manufacturing uses, wholesale outlets, warehousing, offices and storage facilities." Also allowed in the IC district are showrooms, industrial, construction and wholesale offices. This application is being reviewed in conjunction with design plans for a mixed-use project which includes a mix of self -storage and Industrial/Commercial land uses. Additionally, a Special Review Use application was approved at the February 7, 2006 meeting for an on-site caretakers unit. History of Tract Y During the planning and approval process of the Mountain Star PUD, the Mountain Star Limited Liability Company initiated a land exchange with the United States Forest Service. This land trade resulted in the acquisition of 619.75 acres of land adjacent to the Mountain Star PUD, including a 7.232 acres site intended for a Town of Avon public works facility to be located along lower Metcalf Road in the midst of the Industrial/Commercial zone district area. This 7.232 acres site is now described as: Tract Y, Mountain Star Filing No.3. A PUD Amendment approved by the Town of Avon on April 12, 1994 resulted in the incorporation of 612.56 of the 619.75 acres into the Mountain Star PUD. The PUD Amendment approved zoning for six residential lots, the Ranch Central operation, an equestrian center and 567 acres of dedicated open space. The remaining acreage, a 7.232 -acre parcel, identified as the public works facility site, was specifically excluded from this rezoning action. In 1996, Tract Y remained designated as Open Space, Landscape, and Drainage (OLD) and was re -zoned to Industrial/Commercial ("IC") by the approval of Ordinance 96-11. On September 17,1998 a final design application for Mountain Star Commercial Center was approved, which included 48,240 sq.ft. of office and warehouse space. A building permit was issued on July 6, 1998 and expired on February 17, 2000. The Mountain Star Commercial Center was approved as IC zoning in accordance with the parking requirements set forth in the Avon Municipal Code, Section 17. 24.020. There were no modifications, concessions, or variances from either the 3 parking'spaces per/1,000 sq.ft. of office space or 1 parking space per/800 sq.ft. of warehouse space. The buildings were well sited to allow access and turning movements for delivery trucks and provide for adequate drainage. In a letter dated December 22, 1999, Mike Matzko, Zoning Administrator confirmed that a commercial storage facility was consistent with the IC zone district as permitted by Section 17.20.020 B (1), Avon Municipal Code to determine additional uses consistent with IC zoning. On February 14, 2000, Karen Griffith, Town Planner prepared a letter providing parking requirements for uses not specifically enumerated as permitted by Section 17.24.030(7) for self -storage and mixed-use industrial development on Tract Y. The letter does not Town of Avon Community Development Phone (970) 748-4030 Fax (970) 949-5749 Tract Y, Filing 3, Mountain Star Subdivision, Parking Variance February 21, 2008 Planning & Zoning Commission meeting Page 3 of 5 reference any plans for this parking determination and recommended 4 parking spaces for self -storage and 2 parking spaces per 1,000 sq.ft. for mixed-use industrial uses. On June 13, 2003, Mark Donaldson requested Community Development confirm the previous parking determination made by Karen Griffith on February 14, 2000. On June 23, 2003 staff provided a written parking determination on Tract Y, which stated the following: 1 parking space per/1,500 sq.ft. of self -storage or 1 parking space per/every 3 self -storage units. The applicant and staff were unable to reach consensus on this parking determination. On August 4, 2003, the applicant submitted a well-documented request for 1 parking space per 5,000/GFA for self -storage. The supporting documentation included information by a self -storage industry expert, Buzz Victor of United Stor-All. Buzz Victor has developed self -storage in over 12 states; he is the founder of the Self -Service Storage Association, the first self -storage trade association, and has authored books on the self -storage industry. Several meetings took place with the applicant and staff, including the Town Manager, Larry Brooks discussing options and process. The staff was impressed by the proposal presented by the applicant and his expert, Buzz Victor. Staff remained reluctant to make additional parking reductions without requiring a public process and having an application submitted. The following public processes were proposed to address the parking reductions for self -storage: parking variance (similar to the warehouse/storage facilities with parking variances on Mountain Center and Vail/Avon Commercial Park); special review use (which created issues with length and conditions of the approval); and PUD. The applicant did not avail itself to any of the public processes proposed by staff and proceeded to submit a sketch plan application on October 1, 2003. The plans for Wildridge Business Park and Storage Facility were revised and re -submitted on November 18, 2003. The variance application was subsequently approved by the Planning and Zoning Commission and later overturned by the Town Council. Variance Criteria According to the Section 17.36.040, the Avon Municipal Code, the Planning & Zoning Commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity; 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation Is necessary to achieve compatibility and uniformity of treatment among sites In the vicinity, or to attain the objectives of this title without grant of special privilege; Town of Avon Community Development Phone (970) 748.4030 Fax (970) 949-5749 Tract Y, Filing 3, Mountain Star Subdivision, Parking Variance February 21, 2006 Planning & Zoning Commission meeting Page 4 of 5 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety; 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. Findings Required According to Section 17.36.050 of the Avon Municipal Code. the Planning & Zoning Commission shall make the following written findings before granting a variance: A. That the granting of the variance will not constitute a grant of special privilege Inconsistent with the limitations on other properties classified In the same district; Staff Response: The granting of this variance does constitute a special privilege inconsistent with the limitations on other properties in the same district. Although other properties in the same zone district have been granted parking Variances, (Avon Self Storage Lot 25, Block 1, BMBC - Resolution No. 89-10) and the AAA Mini Storage (Lot 14/15, Block 1, BMBC), without a specified regulation, staff would require all other I/C properties adhere to the 1/800 ratio. B. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially Injurious to properties of Improvements in the vicinity; Staff Response: Without a developed ordinance, the implications of associated standards are difficult to determine whether they would be detrimental to the public health, safety or welfare of other properties. C. That the variance is warranted for one or more of the following reasons: The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship Inconsistent with the objectives of this title; Staff Response: Staff does not believe there would be a physical hardship for the property owner due to the strict, literal interpretation of the Off Street Parking standards. 2.There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties In the same zone; Staff Response: While Tract Y is a unique property (i.e. 7+ acres in size with a 2 - acre building envelope), most properties located in the Industrial Commercial District feature steep slopes in excess of 40%, and are generally located at the base of large drainage ways. 3.The strict or literal interpretation regulation deprives the applicant of other properties in the same district. and enforcement of the specified privileges enjoyed by the owners of Town of Avon Community Development Phone (970) 748.4030 Fax (970) 949-5749 Tract Y, Filing 3, Mountain Star Subdivision, Parking Variance February 27 2006 Planning & Zoning Commission meeting Page 5 of 5 Staff Response: While there have been Variances approved by the Planning Commission in the Town's history for other properties in the Industrial/ Commercial land use district, staff believes that these were processed in error. Nonetheless, the degree to which relief is being sought with this application is to a higher degree than past approvals, and the nature and size of this proposal is inconsistent with the two sited Variance approvals above. Furthermore, the finding requires deprivation from a "regulation", and as noted previously the regulation does not exist. Staff Recommendation Staff recommends one of the following motions: 1) Tabling of this application until the time at which new parking standards for the Industrial/Commercial zone district are established. 2) Denial of this Variance through Resolution 06-04 with the following findings: 1. The strict, literal interpretation and enforcement of the specified regulation would not result in a practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title; and 2. There are no exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone; and ` 3. The strict or literal interpretation and enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the same district. 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. Senior Planner Exhibits: A - Memo from John Dunn, Town Attorney B - Variance Application Form, resubmitted January 19, 2006 C - Letter from Applicant - Response to Variance Criteria, dated January 25, 2006 D - Resolution No. 06-04, Resolution Denying Variance Request E - Resolution No. 04-10, Resolution Approving a Parking Variance F - April 27, 2004 Council Meeting Minutes G - Supplement to application dated February 2, 2006. _ Town of Avon Community Development Phone (970) 748-4030 Fax (970) 949-5749 EXHIBIT A MEMORANDUM TO: PLANNING AND ZONING COMMISSION FROM: TOWN ATTORNEY RE: TRACT Y, MOUNTAIN STAR #3/NEW PARKING STANDARD FOR SELF STORAGE DATE: February 13, 2005 At your last meeting, you tabled a request to reduce the minimum parking standard for Tract Y from 1/800sq. ft. to 1/1300 sq. ft. As was discussed by staff in their report to you dated January 25, 2006, the applicant was thereby seeking relief from a non-existent standard, self storage not being enumerated in the Offstreet Parking Schedule in AMC 17.24.020C. Staff accordingly recommended either denial of the application or tabling of the application until amendment of the Town's Code to provide a standard for self storage. You elected to table the application over the objection of the applicant's attorney that a variance had previously been granted. The purpose of this memorandum is to inform you that I am in complete agreement with the recommendation of staff. It is not desirable or prudent to establish a sort of ad hoc parking requirement for uses not enumerated in the Offstreet Parking Schedule and then grant variances, if hardship is shown, from the ad hoc requirement. The Commission is then faced, as you are now, with a variety of past actions being held up as bases for the action presently requested. It is my recommendation that the Commission table the application indefinitely until a recommended zoning amendment is forwarded to council (unless the applicant would prefer denial in order to seek an immediate appeal). Once a recommendation is forwarded, it would be appropriate for you to consider any application for variance from the standard contained in the pending ordinance, any approval of the application being contingent upon final adoption of the ordinance. JWD:ipse • EXHIBIT B VARIANCE APPLICATION i Variance Review Fee: S 300.00 Applicant: Victor Mark Donaldson Architects Mailing Address: PO Box 5300 Cin•: Avon State: CO Zip: 81620 Phone #: 949-5200 Fax #: 949-5205 Owner of -Property: ARI Avon, LLC Cell #: 390-5300 Mailing Address; 4001 Tamiami Trail North, City: Naples State: FL Zip: 34103 Phone #: (239)213-1955 Fax #Ste. 350 (239) 213-19400 #; Lott Tract -Y Block: N/A Subdivision: Mountain Star Filing 3 Project Name: Wildridge Business Park Street Address; 0382 Metcalf Road Current Zoaing: Industrial/Commercial (I/C) Describe the Variance Requested: Variance from Section 17.24.010 Table C: Off Street Parking, Industrial Land Use: For Self Storage Parking From 1/800 G.F.A. to 1/1300 G.F.A. A. Describe the relationship of the requested variance to other existing or potential uses and structures in the vicinity: This request is consistent with all previous variance granted for all self -storage uses in the Town of Avon. as well as with National Industry Standards for this scope of self -storage facilities and services. JA Development Commimip Do"' mam, P.O. Box 975 Avon, CO 91620 (970)748.4030 Fax (970)949.5749 (rev. 12127/01) Pae I of 2 B. Describe the deem to which relief from the strict or literal interpretation and enforcement of a specific regulation Is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or attain the objectives of Title 1736.040 without grant of special privilege; 1 parking space per 1,300 s.f. G.F.A. for self -storage uses, including Management Office; and relief for any loading dock requirements (for self -storage) per 17.24.030.6.B.4 G Describe the effect of the requested variance on fight and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety: Due to demonstrated lack of need for any parking spaces beyond this request; only positive efforts are forecasted. We know of no negative effects of the granting of this variance request. D. Any such other factors and criteria as the Planning Commission may deem applicable to the proposed variance: Will minimize site disturbance areas Reduces re -wall requirements and provides a practical solution, in the correct zone district for self -storage operations. *Please review Town of Avon Resolution I (ova) n'peesent that all h&madm provided to the Town of Avon in wmtectiou with this application as true and correct, that I (we) understand the Town of Avon regulations applicable to this project, MW understated that incomplete subminals w"' delay application review. Owner designates Appli- caut as indicated to act as owner's representative in all application submittals related to this project Applicant: Owner. (Print Name): (Print Name): Date: Date: Develrapmee4.PA. Boar 97S Avtaar, C011610 MW4&4= Fa (970)949.3749 (.v.17J27/01) Pace 2 of Good Morning Matt, EXHIBIT C January 25, 2006 Matt Pielsticker, Planning Technician Community Development Department Town of Avon Avon, CO Re: Supplemental Information for Tract Y Variance Application 0048 EBEAVER CREEK BLVD SUITE 207 Box 5300 AVON, CO 81620 970.949.5200 vmdo@vmda.com FAX -949.5205 RECEIVED JAN 2 5 2006 Community Deveiupl, ,1 Thank you for your initial comments regarding our Variance Application. We have prepared and attached additional discussion regarding Variance Criteria Review and Findings Required for your review and consideration. Variance Criteria Review A. "Describe the relationship of the requested variance to other existing or potential uses and structures in the vicinity." The Town of Avon, to the best of our knowledge, has and has only had a total of three locations for significant self -storage facilities. They are: Mountain Center: Original approval for 25,000 sf self storage with zero parking requirements; this location has re -opened with the same area of self - storage being utilized, and is currently providing 1 parking space for 800 square feet ofgross self -storage area. AAA Mini -Storage: This project has been approved to operate with I parking space per 1, 300 sf and is currently operating. Avon Self -Storage: This project was approved and has operated continually with about 7 parking spaces for 44, 000 sf of gross self -storage space. Based on the foregoing, we suggest that by approving this variance application, it would allow this Self -Storage project to operate in a reasonably similar manner as those same businesses within this same zone district, B. "Describe the degree to which relief from the strict and literal interpretation and enforcement of a specific regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or attain the objectives of Title 17.36.040 without grant of special privilege." No change from language stated in Variance Application. C. "Describe the effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety." No negative effect is foreseeable on light and air by granting approval of this variance. This self -storage facility is designed to meet a current local demand for services in and around the Avon, CO area, thereby meeting the population as currently distributed, without changes in infrastructure or unnecessary distances for the traffic and transportation facilities to attain the service proposed C. "My such other factors as the Planning Commission may deem applicable to the proposed variance." No change from language stated in Variance Application. 17.36.050 Findings Required ,,The planning and Zoning Commission shall make the following written findings before granting a variance: (1) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same district; Based on the foregoing noted self -storage facilities in operation in Avon, the granting of this variance will not be a special privilege. (2) That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; There is no evidence of detriment to public health, safety or welfare by the granting of this variance. Likewise, the granting of this variance will allow the proposed development to enjoy the similar privileges of reduced parking requirements consistent with industry ranges. (3) That the variance is warranted for one (1) or more of the following reasons: a. No comment applicable. b. No comment applicable. c. ,The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district." Bingo! Based on the parking assessment of like business operations in this district, this appears to be precisely the reason for variance being warranted. I any further information or have any questions. EXHIBIT D TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 06-04 A RESOLUTION DENYING A VARIANCE TO THE PARKING STANDARDS FOR SELF STORAGE ON TRACT Y, MOUNTAIN STAR SUBDIVISION, FILING NO. 3, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Victor Mark Donaldson, applicant for the Wildridge Business Park, has applied for a variance to the parking standards for self -storage, as described in the application dated January 9, 2006, as stipulated in Title 17, of the Avon Municipal Code; and WHEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Avon, pursuant to notices required by law, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed variance application; 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. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby DENIES a variance to the parking standards for self- F-Oanning & Zoning CanunissionlRecafWions12006IRes 06-04 Trac( YMTST Fii N0.3 Variunce.doc as described in the application dated January 9, 2006, as stipulated in Title 17, of the Avon Municipal Code for Tract Y, Mountain Star Subdivision, Filing No. 3, Town of Avon, Eagle County, Colorado, based upon the following findings: 1. That the granting of the Variance will constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; and 2. That the granting of the Variance will be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and 3. That the Variance is warranted for one or more of the following reasons; and a. The strict literal, interpretation and enforcement of the specified regulation would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title, b. There are not exceptional or extraordinary circumstances or conditions applicable to the site of the Variance that does not apply generally to other properties in that same zone. c. The strict or literal interpretation and enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Adopted this 21st day of February, 2006 Signed: Chris Evans, Chairman Attest: Phil Struve, Secretary Date: Date: F:\Planning & Zoning Com ission\Resolutiom\2006\ReS 06-04 Tract YMTST Fi! No.3 Variance.doc ( EXHIBIT E TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04-10 A RESOLUTION APPROVING A PARKING VARIANCE DETERMINATION FOR SELF STORAGE USES ON TRACT Y, MOUNTAIN STAR SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Victor Mark Donaldson Architects ("VMDA Inc."), representing ARI of Avon, LLC, has applied for a parking variance in order to create a reduced parking standard for self -storage uses proposed on Tract Y, Mountain Star Subdivision, as described in the application dated October 1, 2004 and design plans dated March 17, 2004 as stipulated in Title 17, of the Avon Municipal Code; and `j TIiEREAS, a public hearing has been held by the Planning & Zoning Commission of �/ �/ the Town of Avon, pursuant to notices required by law, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed Variance application; and `j rREA3, the Planning & Zoning Commission of the Town of Avon has considered 1��/ the following: A. The relationship of the requested variance to other existing or potential uses and structures in the vicinity; and B. The degree to which relief from the strict or literal interpretation and enforcements of a specified regulations is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without grant of special privilege; and C. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety; and D. Such other factors and criteria as the Commission deems applicable to the proposed Variance. F:Tlmnuq & Zoedng CommJnJon\RU0W0 U0o4UW 04.10 TnmY mTsTR ge1f3t0agePerk1n0 Vuimw.dw OW, THEREFOIIBE IT RESOLVED, that the Planning ac Zoning Commission of ~ the Town of Avon, Colorado hereby approves a Variance for Tract Y, Mountain Star Subdivision as described in the application dated October 1, 2003 and design plans dated March 17, 2004 as stipulated in Title 17, of the Avon Municipal Code; and based upon the following findings: 1. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; and 2. That the granting of the Variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and 3. That the Variance is warranted for one or more of the following reasons; and a. The strict literal, interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title, b: There are exceptional or extraordinary circumstances or conditions applicable to the site of the Variance that do not apply generally to other properties in that same zone. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. This application is appDved with the following conditions: 1. The parking standard is specifically limited to the approval for the Wildridge Business Park (Tract Y) and shall apply to all areas labeled as self storage square footage on plans dated March 17, 2004. Parking dedication will be finally calculated at building permit based on compliance with the design review approval. 2. The parking standard will not be waived in the future should'a tenant wish to 'convert' self - storage space into another type of Industrial/Commercial land use. A new variance must be applied for at that time, or additional parking created on-site that meets code requirements for "Industrial Land Use". 3. All areas not specifically identified as self -storage shall continue to comply with the required "Industrial Land Use" parking standard of 1 parking space per 800 square feet of Gross Floor Area as indicated on plans dated March 17, 2004. 4. A full electrical plan for all levels labeled as "Self Storage in both Building One (Basement, Level Three) and Building Two(Level Two, Level Three, Level Four) will be submitted at building permit indicating no rough electrical or electrical outlet(s) to any individual self storage units proposed. Compliance with these conditions must be verified at issuance of final Certificate of Occupancy. 5. No rough plumbing to any of the proposed self -storage units is permitted under the terms of this approval. FAPlannin{! Zoning 04.10 TrwY MTSTR SeliStora`cParkin j VarimmAloc 6. Except as otherwise modified by this permit approval, all materiel"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. l' ADOPTED THIS 6th DAY OF Aprit, 2004 Sign : Date: Chris Evans, Chair Attest: Date: y G Terry Smith, Secretary . FAMannin{ t Zoning CommiulonlReolutlonsMOARea 0410 TodY MITM SdMwngdWkin{ vwiw"Aoo EXHIBIT F Reynolds opened the public hearing. Kathleen Walsh spoke on behalf of Tamara Underwood (reading her notes) and herself, noting concerns that no commercial should be included in this area, that earlier proposals included park and that this should remain in the project, the questions of why the road dissects the park and whether or not the town will obtain the land lost with the construction of the road, and finally the need to document that there will not be any commercial within the neighborhood zone. Mayor Reynolds noted that the Town of Avon requested that the developer construct Swift Gulch Road all the way through. Councilor Wolfe noted that he preferred that parkland be subdivided and dedicated to the town as soon as possible. Councilor Sipes added that there should be stated intent that no change in zoning would be supported. Some discussion ensued about current Toning allowed on Tract H as commercial. The Town Engineer noted that the land use summary should be consistent with the PUD Plan. Some comments were made regarding the proposed roundabout at that location with regard to grade. Further discussion ensued about the zoning for Tract H with respect to Condition No. S. All agreed that the language written in the PUD, which states that the Tract H parcel is slated for commercial zoning, were previously approved. Town Engineer Wood further commented on the fact that the planning areas overlap and that the land use summary should reconcile to the PUD Plan. Town Manager Lary Brooks noted that the entitlements for the commercial zoning were already approved. With no further comments, the public hearing was closed. Mayor Pro Tem McDevitt moved to approve Resolution No. 04-15, Series of 2004, A Resolution to approve the Village at Avon, Filing 3, Preliminary Subdivision Application. Councilor D. Buckley seconded the motion and the Resolution passed with a five to one vote (D. Buckley, P. Buckley, Brown, McDevitt, Wolfe — aye; Sipes — nay). New Business Mayor Reynolds noted that interviews for the appointment of new Planning & Zoning Commission Members were conducted at the work session. Councilor Wolfe moved to appoint Chris Evans, Terry Smith, Phil Struve and Tim Savage to the -Avon Planning & Zoning Commission. Councilor Brown seconded the motion and it passed unanimously. Town Manager Larry Brooks presented the proposed long-term Service Agreement between the Town of Avon and Bachelor Gulch Metropolitan District. He noted several short-term agreements exist for fleet maintenance out of the Swift Gulch Facility. This long term agreement is proposed for 20 years with some extensions as provided for in the agreement. It was noted that a two-thirds vote is required for approval. The Town council will set the rate on an annual basis; the mechanics rate and the rate will not exceed the Town's cost. Brooks noted that working with Paul Jardis of the Metro District has been very positive. He noted that there should be the following changes to the agreement: 1) Article 3, line 7 / typo hourly rate should be $102.61 2) Article 13 (a) line 6, delete "Fire Protection" Mayor Pro Tem McDevitt moved to approve the Service Agreement with Bachelor Gulch with the above referenced changes. Councilor Sipes seconded the motion and the motion passed unanimously. Senior Planner Tambi Katieb presented an Appeal of Planning & Zoning Commission Resolution No. 0410, approving a parking variance for Tract Y, Mountain Star Subdivision, Town of Avon. He reviewed the memo to the Council included in the packet and noted that this review would be a public hearing. He noted that on April 6, 2004, the Planning & Zoning Commission approved a variance application for a determination on parking standards for the Tract Y project. The variance was approved through Resolution No. 0410 and applied only to the portion of this project that is proposed as self -storage use. The remainder of the project is Regular Council Meeting Page 4 of 7 April 27, 2004 parked per the Town Code standards. He noted that T.J. Conners, a noticed property owner and operator of the AAA mini storage and warehouse facility on Metcalf Road, appealed the Commissions' decision to the Town Council. He then reviewed the findings and staff report for the P&Z Commission and other materials included in the council packet. He noted that the Resolution approved by P&Z included several conditions as well. In researching a standard for number of parking spaces for storage complexes, there was nothing provided from numerous sources that "standards" exists. Town Attorney John Dunn reviewed the procedure for the appeal of variances per the Town Code (Title 17) outlining the three types of motions that might occur with aria review, i.e. confirm P8Z decision based on the findings, reverse P&Z decision and deny variance and specifically outline reasons for disapproval, or modify P8Z decision. The iteria presented and Council was directed to consider the decision made bytiom PHe ago based noted that this was a public on the cr then submit their own decision about the app ic hearing, and that the appellate will address the council first followed by the applicant. Neil Movitz, the attorney representing the VailfAvon Commercial Park Condominium Association including TJ Connors and owner of one of the businesses within this commercial park, presented an appeal to the decision primarily due to the public safety issues this project would create on Metcalf Road, in essence increasing more traffic issues. He spent some time addressing the case studies presented in the application, access to the project, and the criteria spok to assess the about his concerns with theeproject, primarily safetylness ownr in the as relatedtcommercial park, o traffic. sed the Mark Donaldson, Victor Mark Donaldson I cation and making some clarifications with regard t Council he type user of his presenting the application particular type of "self -storage' project. He noted that access to the units is via an elevator. He noted that his client Chad Lund, with Lund Capital Group was present as well. He spent some time addressing the criteria used in the application review, including a detailed review of the case studies presented. Council reviewed the plans with regard to the deceleration lane & the parking lot configuration. Donaldson explained the case study review and how the analysis was . made. Chris Juergens, with VMDA, also presented details on the statistics. An estimate was made on the area required for parking if the variance were not granted. Donaldson outlined the number of months & public process that this project has seen, and commented on the "Findings' made with regard to the project. Some discussion ensued about the number of parking spaces required for the entire site and the number or parking as related to the self - storage vs. the Industrial. -commercial use on the site. It was also confirmed that retail was not allowable in this location. TJ Connors, owner of AAA Mini -Storage, addressed the Council with comments regarding the history and facts of his project, statistics related to storage units, concerns with grading of the driveways, traffic impacts from the project, and proposed standards presented regarding parking. Chad Lund, with Lund Capital Group, made some comments about his company and his experience with these types of storage unit projects. Mayor Reynolds opened the public hearing, comments were made from one Wildridge resident (unable to hear name) who expressed concern with traffic on Wiidridge / Metcalf Road. The public hearing was closed. Some of Council's comments are as follows: ■ Not supportive of project due to traffic impacts • Not supportive of the reasons described with the criteria ■ Concerned with traffic impacts but not the parking variance ■ Appreciated that application included deceleration & turnaround lanes ■ Not supportive of the variance because it really allows for more parking on the site • Metcalf Road needs attention Paps S of 7 Regular Council Meeting April 27.2004 (, Councilor Wolfe moved to uphold the appeal that was made after significant deliberation based on the documentation provided by staff, the applicant, public comment and the review of the requirements of Section 17.38.050, and that we overturn the Planning & Zoning recommendation that was adopted in Resolution No. 04-10 and on the specific basis of the following: a. that the granting of the variance will constitute a grant of special privilege inconsistent with the limitations on other properties classed in the same district; b. and that the granting of the variance will be detrimental to the public health, safety or welfare or materially injurious to properties of improvements in the vicinity c. and that the variance is not warranted on the basis of any of the three reasons as follows: 1. the strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title' 2 there is no site of the varianceonal rthat do not apply generally to other circumstances or conditions p properties in the to thehe same zone; 3. the strict or literal Interpretation and enforcement of the specified regulation does not deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Further discussion ensued about other variances that have been granted, to storage facilities. Councilor P. Buckley seconded the motion and it passed with a four to three vote (P. Buckley, Wolfe, Reynolds, Sipes — yea; Brown, D. Buckley, McDevitt — nay). Consent Agenda Mayor Reynolds asked for a motion on the Consent Agenda. Councilor D. Buckley moved to adopt the consent agenda. Councilor Brown seconded the motion and it passed unanimously. a. Approval of the April 13, 2004 Regular Council Meeting Minutes b. Western Enterprise, Inc. Contract c. CJ Chenier Band Contractlock I d Resolution No. 12, A Eaglebend Subdvisiion, Filing lr1, Town oftion iAvon, Eagle the Final PCounty, Colorado (4500lat, A Resubdivision of oW1& 4500 E Eaglebend Drive) Page 6 of 7 Regular Couneil Meeting April 27, 2004 There being no further business to come before the Council, the meeting adjourned at 9:35 PM. APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brien Sipes Ron Wolfe Page 7 of 7 Regular Council Meeting April 27, 2004 EXHIBIT G February 2, 2006 Matt Pielsticker, Planning Technician Community Development Department Town of Avon Avon, CO Hand delivered by VMDA. Re: Supplemental Information in support of Tract Y Variance Application 0048 E BEAVER CREEK BLVD SHITE 207 Bax 5300 AVON, CO 81620 970.949.5200 vmda@vmda.com FAx•949.5205 RECEIVED FEB 0 8 2006 C,ommunlW Devebpmerd Matt, Consistent with our discussions this morning, we respectfully submit the following text in support of the application noted above. Thank you for all your assistance and direction in planning for success in this matter. We maintain that the necessary single finding for thea b and c options of paragraph (31 17 36 080 Findings Required for warranting the variance is logically item (c), as written in our previous letter. It is however very important that our reasoning be understood in requesting this variance and to that end we submit further discussion on items a. and b., as follows. The following text for paragraphs a. andb. should be Findingconsidered apart of our letter to you dated January 25, 2006, page a. Replace No comment applicable with the following language: "The property has practical difficulties to consider; specifically there exists a major drainage and debris flow consideration in concert with a prevalence of steep slopes and a carefully worded plat note restricting specific development components to be contained within a specified 2 -acre envelope that create significant considerations and inherent limitation to the development of this property." "A Ac fully worded plat note restricting specific development components to be ed within a specified 2 -acre envelope that create significant considerations and ft limitation to the development of this property." submitted, Mark Donaldson Memo TO: Planning and Zoning Commission F3an Matt Pielsticker, Planner-<, Dale February 13, 2006 � AVO N C O L O R A D O Re: Ecker PUD Amendment - Remanded back to Planning Commission Lots 44 & 45, Block 4, Wildridge Subdivision Summary: Sam Ecker is proposing this amendment to Lots 44 and 45, Block 4 of Wildridge to permanently reduce the density of the two properties by one dwelling unit, by creating a new lot for a third single-family residence. The two subject properties are currently zoned to allow for two (2) duplex structures, or a total of four (4) dwelling units. The details of the proposed access, site design, and compatibility with adjacent land uses are discussed in the attached staff report. At The Commission's December 20, 2005 meeting this application received a unanimous recommendation to Town Council for denial (Resolution No. 05-14). At the Council's first review of this application on January 24, 2006 the applicant attempted to present new information (revised drawings) to Council. Prior to reviewing the supplemented information and with the knowledge that the Planning Commission had not been privy to this new information, the application was remanded back to the Planning Commission for further review and consideration. Included with this memo is the original site plan for this application, staff's report, and new revised site plan with narrative. Also attached to this memo is the Commission's Resolution No. 05-14 for review. According to the newly supplemented information, the following are highlighted changes to the applicant's submittal: ■ Building envelope shifted out of the areas over 40% slope. All areas over 40% to remain undeveloped. ■ Possible building outline added to site plan within the building envelope ■ 5,000 square foot building area restriction added to new proposed Lot 44B Discussion: While the proposed revisions to this application have alleviated some of staffs concerns and the new proposal is more responsive to existing topography, staff believes that this application is still in conflict with the PUD review criteria. Specifically, staff finds no 'public benefit that the current entitlements could not achieve. It is questionable whether more site February 21, 2006 Pla Lots 44 & 45, Block 4, ana Zoning Commission meeting dge - Ecker PUD Amendment Remanded by Town Council Page 1 of 2 disturbance would be experienced with this revised proposal or if the properties were further developed as duplexes. In either case, more contiguous open space would be experienced if this PUD amendment were denied. Staff recommends that the Commission re-evaluate the revised proposal (dated January 14, 2005) against the cited findings within Resolution 05-14 and the PUD amendment review criteria. The revised submittal does avoid all areas over 40% slope; however, staff finds that all of the Comprehensive Plan and Avon Municipal Code cited policies and requirements are still valid with this submittal. Available Actions: The following options are available for action on this application: 1) Reaffirm previous action on Resolution 05-14, thereby recommending denial of this PUD Amendment to Town Council 2) Reverse previous action (Resolution 05-14) by approval of a new Resolution, recommending approval of this PUD Amendment application to Town Council 3) Table application to future meeting Staff Recommendation: Staff recommends reaffirming the Commission's previous motion and approval of Resolution 05-14, thereby recommending denial of this application to the Town Council. Exhibits: A - December 14, 2005 PUD site plan submittal B - January 24, 2006 PUD site plan/narrative submittal C - Staffs report, dated December 12, 2005 D - Resolution No. 05-14 E - Meeting minutes from December 20, 2005 Commission meeting. February 21, 2006 Planning and Zoning Commission meeting Page 2 of 2 Lots 44 8 45, Block 4, W lidridge - Ecker PUD Amendment Remanded by Town Council W G1� Q d' o LL. '0 V o 0LTJ Z�F cn O � 0 Z O O Zo c ►--, yz Ao V L W ri I �/. , s Vic/ �' .. ... , .. j��.:: • . , � � � � rau /*•`.. ac b16 U � =a� gR l < i � bfill .1$ 111 1 K aP R It's r �— I I I I I I I I I I I I I I I I J f- WQ I tile Irw a g r x 0 bi bl pi zd. z E m O Q3� 1 J as 0 _ �► -h I, w. I I.- CL I''+, I I I OO bt if Ill l lllll �/ 1 1 1 11 l l 1111 / Ss W y d2Fa�w d As stated in staff's report, Benchmark Properties created Wildridge Subdivision in 1979. The report further states that the overall development concept was for "abundant open space recreation areas around lots" with a density of "barely one dwelling unit per acre". In actuality, most of the duplex zoned lots in Wildridge are far smaller than one acre, and have duplex structures built upon them. A far greater density than intended. Apparently the concept of allowing duplex structures on the lots was possibly for the purpose of making the lots affordable, not necessarily desired density. Now, with current real estate values as high as they are, many of the new duplex structures being built are extremely large, and cover the lot from one setback line to the other. Instead of allowing for abundant open space, they practically form a solid wall along the streets they. adjoin. However, some of these duplex zoned lots have single family residences built upon them., In those areas there is separation between structures, and they tend to be spread out and staggered around the hillside allowing for open space between them. This application intends to perpetuate this more desirable image. Not only does this proposal provide a better alternative from a visual standpoint, it also maintains and protects view corridors for many existing structures in the neighborhood. Many of the properties across Longsun Lane from Lots 44 & 45 utilize the opening between the. existing structures for their views. the structures and properties directly to the north of Lot 45 would lose their views towards Beaver creek and the mountains beyond if the planned duplex structure for Lot 45 were constructed. This proposal not only protects their views, but also their privacy and property values. Staff stated that the proposal could have a negative impact upon open space and steeper slopes. I have made some minor amendments to the proposal which would mitigate this possibility entirely. First, I have reduced the overall size of the proposed building envelope considerably. The new envelope would not allow for any construction within areas in excess of 40% slope, and would also dedicate approximately 25% of the entire project to open space, with roughly 50% of it being on the newly created parcel. Currently there are no open space areas on these parcels. Further I have added a restriction which would not allow for a structure greater than 5,000 sq. ft. to be built. Staff also indicated that the proposed new structure on the newly formed lot would create more overall site disturbance than if duplex structures were RECEIVED JAN 2 4 2006 Community Development added to the existing single family residences. It is my belief that the development of two additional residences would have a far greater site impact than one. In order to validate this theory, as well as the potential building scenario on the newly created parcel I have drawn a possible single family residence, along with its driveway on the plan. The site can be developed with minimal disturbance beyond the newly created features. Further concerns presented by staff indicated that this proposal may not allow for diversity to serve all economic segments. Over the last several years numerous properties with two, three and even four unit potential have been rezoned to single family residences, on newly formed parcels. It is apparent that the preferred trend in housing is in the form of single family residences, not multi -density ones. At the Planning and Zoning Commission meeting, the commission appeared to have no major concerns with approval of the project, other than not. wanting to set a "precedence". I can understand not wanting to establish a precedence if it were to allow for a perpetuation of negative impacts upon the community. However, this is not the case here. These two existing lots are unique in their shape and accessibility. There are very few, if any, other lots in Wildridge of this size and ability to be developed in this manner. When a better alternative is available, it should be adopted. Due to current market values for real estate in this part of Wildridge, any residence constructed on the new Lot 44B will more than likely be good quality, attractive and have a high market value. This proposal has numerous benefits to the neighborhood as a whole. It provides for more open space around the structures. It provides for view corridor preservation. It protects potentially sensitive steeper slopes. It reduces both construction as well as residential traffic on Longsun Lane. It protects the style and value of homes in the area. And, most importantly, allows for an opportunity to improve upon the original plan for this part of the subdivision. RECEIVED JAN 2 4 2006 Community Developmem EXHIBIT C Staff Report PUD Amendment VON December 20, 2005 Planning & Zoning Commission meeting Report date December 12, 2005 Project type AMENDMENT to the WILDRIDGE PUD Legal description Lot 44 & Lot 45, Block 4, Wildridge Subdivision Current zoning PUD (4 units - 2 Duplexes) Address 5123 & 5129 Longsun Lane Introduction Sam Ecker and the Baca's (Bruce and Susan) are proposing an amendment to Lot 44 and Lot 45, Block 4 of the Wildridge PUD to permit three detached single-family residences in place of two duplex structures. There are currently two single-family residences constructed. This amendment would permanently reduce the density for the properties by one dwelling unit, and a new lot would be created for the third single- family residence. Vehicular access to the new lot would be from Wildridge Road East as opposed to using one of two existing access points on Longsun Lane: The two subject properties are currently zoned to allow for two (2).duplex structures, or a total of four (4) dwelling units. The details of the proposed access, site design, and compatibility with adjacent land uses are discussed later in the report. It is important to note that this PUD application is being reviewed in conjunction with a preliminary subdivision plan. The proposed PUD amendment would create a new access, reduce the overall density by one dwelling unit, and create a new lot for the development of a single-family residence. Some of the features of the amendment include: • Proposed: Lot 44A: Existing Single -Family Residence owned by Bruce & Susan Baca Lot 45A: Existing Single -Family Residence owned by Samuel Ecker Lot 4413: Newly created lot zoned for one (1) Single -Family Residence. The Building Envelope measures approximately 15,200 square feet, or 190' x 80' Height Restriction on Lot 4413: 25' in the rear of the property and 35' elsewhere. • Setbacks: 25' front, 10' rear Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 1 Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meeting Page 2 of 9 • Lot 44B would be accessed from Wildridge Road East. • Creation of a platted building envelope. • Vacation of Property Line, Easements, and Platted Setback Lines. Staff Recommendation Staff recommends DENIAL of the proposed PUD amendment and preliminary subdivision for the following reasons: (1) added site disturbance; (2) failure to advance or meet the Public Benefit Criteria; and (3) conflict with adopted policies of the Comprehensive Plan. This will. be a Public Hearing, as required by Section 17.20.100 of the Avon Municipal Code. 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 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 and one major Amendment in Block 4 wherein development rights have been altered and replatted. The most recent Amendment in Block 4, "Western Sage", converted four properties with a combined total of eleven (11) dwelling units into eight (8) single-family home sites. One major difference with this application and past PUD Amendments that the Town has reviewed is that the subject properties are partially developed, whereas the previous Amendments were undeveloped giving them greater flexibility in lot line locations, access options, and resulting building locations. Existing Conditions Lot 44 1.15 acres with a log constructed single-family home of approximately 4,900 (including garage area) square feet in size. The home was constructed in 1995. The property drops considerably below the home down to Wildridge Road East with native sage brush vegetation. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 C] Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment SAMEAS December 20, 2005 Planning & Zoning Commission meeting OR C;INA , Page 3 of 9 Lot 45 Property is .94 acres and the home is constructed with predominately wood siding and totals approximately 3,200 square feet. This home was built in 1992 and the lot shares • many of the same characteristics as Lot 44, with steep grades dropping from the back of the home to where it meets up with Wildridge Road East. 0 As with many of the neighboring properties on Longsun Lane, much of the lower portions of these two lots are covered in native sage brush and most of the grades Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meetina 4of9 equal or exceed 40% slope on the lower portions below the existing homes. After review of one of the original address maps for the Wildridge PUD, it appears that access from either Longsun Lane or Wildridge Road East was contemplated for both properties. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110 (h), the following shall be used as the principal criteria in evaluating a PUD Amendment application. 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. Conformance with the Town of Avon Comprehensive Plan Goals and Objectives. The fundamental reason for having a Comorehensive Plan is to 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 Comorehensive Plan: 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 neighborhood as a whole and compatible with the surrounding development. While staff agrees that the proposed development would generally be compatible with surrounding development in terms of density and construction type, it is difficult to find a benefit to the community with this zoning amendment. 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. By maintaining the existing development rights, there is greater opportunity to create larger contiguous areas of undisturbed natural area with the potential of enhancing the existing open space in the area. Immediately south of the proposed Lot 44B is Tract L, an undeveloped 32 acre parcel of land. It may be more appropriate to own or Avon 1,ommumty uevelopment (970) 748-4030 Fax (970) 949-5749 Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meeting Page 5 of 9 further develop the upper portions of Lot 44 and 45 in order to maintain larger areas of contiguous open space within Wildridge. Policy A3.7 Steep slopes In and around the community should be designated and preserved as open space wherever possible. There are significant steep slopes on the lower portions of Lot 44 and Lot 45. It appears that when the two subject lots were platted, site access was contemplated from either above (Longsun Lane) or below (Wildridge Road East), not both directions. A large portion of the subject property contains slopes in excess of 40%. Of particular concern are the 40% slopes within the proposed building envelope. Staff believes that the steep slopes on the lower portions of Lots 44 and 45 should be preserved in their natural state. Some of the grades exceed 55%. 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. Maintaining as much open space could help maintain the natural character of Wildridge and the original intentions of the subdivision. Goal C1 Provide for diverse, quality housing to serve all economic segments and age groups of the population. The available mix of dwelling types in Wildridge has continually changed as a result of the market demand for single-family residences. Several PUD Amendments have been approved recently to provide even more single-family residences. Staff would contend that while there may be less demand currently for duplex type housing arrangements, the long term demand for housing types may shift and Wildridge was platted with a variety of dwelling types to serve a diverse housing market. Policy F1.2 Development shall not be allowed on steep hillside areas vulnerable to environmental and visual degradation. Staff contends that additional "degradation" would be experienced with the proposed development layout. 1. Conformity and compliance with the overall design theme of the town, the sub -area design recommendations and design guidelines of the Town. The application appears to conflict with some of the requirements of the Residential Design Guidelines. Specifically with respect to the site grading, retention, and disturbance required to construct an additional single-family residence and associated driveway in place of adding dwelling units onto the existing single-family residences. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meetim The Residential Design Guidelines state "where no development has been identified, construction shall at a minimum avoid: all drainage and utility easements, development setbacks, areas over 30% in slope, and unique and sensitive natural site features." Significant areas of site disturbance are required to access the proposed Lot (44B) in areas that are over 30% slope. This application also proposes to vacate and cross an existing sewer line easement. The logistics of vacating this easement may be difficult with the excavation required for the proposed driveway location in relation to the sewer line which runs down to Wildridge Road East. This application proposes to vacate a 20' width Utility and Drainage Easement which currently bisects the new proposed lot. The finished grading around existing development on Lot 44 and Lot 45 appears to direct drainage towards this easement. Staff does not advise the vacation of this drainage easement. 2. Design compatibility with the Immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orlentation. With the proposed building envelope, the architectural design or bulk of a potential home is unknown. The platted building envelope is generous in size and it appears that over half would not be considered 'Buildable Area' per the MUatkaI Code. The Municipal Code defines 'Buildable Area' as "the area of any site which does not contain land ... in excess of forty percent (40%) slope." The design of the building and site would be governed by the Residential Design Review Guidelines. The applicant has stated that construction of duplex residences would have a far greater negative impact on the existing site conditions and adjoining parcels that this application would create with a separated single-family home. While this application would create -an additional buffer between existing adjacent developments on Longsun lane, that should not be a basis for approval. 3. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. An additional single-family residence would be a compatible use with development and density in the area. 4. 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, and staff does not anticipate any hazards. A soils report would be required at building permit to ensure a buildable property. 5. 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 the proposed building envelope appear far less responsive to the natural features of the existing topography, as opposed to building onto the existing single-family homes. It could be argued that the overall aesthetic Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meetinc 7of9 qualities of this area of Wildridge would be negatively affected if this PUD Amendment were approved. The proposed building envelope does not respond to the excessive grades of the existing topography. The building envelope appears to be driven by the required access design which is limited. 6. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that Is compatible with the Town Transportation Plan. The vehicle access proposed for Lot 44B, albeit a preliminary sketch design, would not meet town standards for a perpendicular 20' approach to a public way. In order for vehicles leaving this proposed site to view upward approaching cars from Wildridge Road East, a perpendicular access is preferred by Town staff. A perpendicular access would likely cause more site disturbance. 7. 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. A new single-family lot development would increase the site grading, retention, and disturbance resulting in less natural area (or open space). This may affect the aesthetic qualities that exist with current open space patterns. Connecting from the bottom of Lots 44 and 45 directly across Wildridge Road East is Tract L, which is an integral 32 acre tract of open space platted with the original Wildridge subdivision. S. 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, which has been submitted in conjunction with the application for review by Town Council. It is important to track these two processes together in order to ensure a workable, functional development. Subdivision requirements must be tied to PUD approvals. If this application was approved and the subdivision process moved forward, there would be several issues that would need to be resolved prior to a final plat submittal. 9. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. Adequate facilities are available to service the proposal and the applicant is requesting no extension to municipal services. One technical difficulty identified with this proposal is the existing sewer line which runs from the existing log home on Lot 44 and underneath the proposed driveway (Lot 44B) and required retaining wall. In order to meet the Upper Eagle River Water Authority's requirements for sewer lines, additional excavation and disturbance would likely be required to construct the proposed driveway. mewl WI noun wmrnuniiy ueveiopmenc (y7o) 748-4030 I Fax (970) 949-5749 Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meetinl 8of9 As part of the subdivision process and prior to a final plat, a sign off from all involved utility companies would be required to proceed with the proposed development. 10.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 complies with capacities originally contemplated in the first Wildridge PUD approval. An additional curb cut would be required on Wildridge Road East. Staff has continually discouraged additional curb cuts wherever possible. 11. Development Standards Development standards have been submitted for the PUD Amendment and summarized within this staff report. The 25' height requirement for the rear portions of a home would be unique to this property. 12.That the PUD or amendment to PUD requested provides evidence of substantial compliance with the following public purpose provisions, as outlined In Section 17.28.085 of the Avon Municipal Code, as follows: A. The application demonstrates a public purpose which the current zoning entitlements cannot achieve. It is questionable whether this application demonstrates a public purpose which the current zoning entitlements cannot achieve. The applicant has stated that the amendment "would be a benefit for the neighborhood as a whole." While there has been a tolerance for reduced densities in the Wildridge PUD in recent years, all of the previous amendments were contemplated prior to any development on the subject lots, allowing for a greater chance to design a plan that minimizes site disturbances required. 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 this application directly conflicts with this approval criteria. Losing additional open space resulting from additional site disturbance could outweigh the benefits of keeping development on the upper portions of Lots 44 and 45 as currently entitled. There are no apparent economic, cultural, or social benefits anticipated if this application were approved. 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. As stated throughout the report, better siting of development could be achieved if the properties were developed as duplexes. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meeting Page 9 of 9 Recommended Motion "I move to approve Resolution 05-14, recommending to the Town Council to deny the PUD Amendment and Preliminary Plan for Lots 44 & 45, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado, as more specifically described in the application dated November 11, 2005." If you have any questions regarding this project or any planning matter, please call me at 748-4413, or stop by the Community. Development Department. Respectfully su d, Matt PlelsN Planner I Report Attachments: A. PUD Application dated November 11, 2005 B. Resolution 05-14 Town of Avon Community Development (970) 748.4030 Fax (970) 949-5749 r EXHIBIT D TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO, 05-14 A RESOLUTION RECOMMENDING DENIAL OF A PUD AMENDMENT APPLICATION AMENDING THE WI LDRIDGE PUD, LOTS 44 & 459 BLOCK 4, WILDRIDGE SUBDIVISION, AS MORE SPECIFICALLY DESCRIBED IN THE APPLICATION DATED NOVEMBER 119 2003. WHEREAS, Sam Ecker has filed an application to amend the existing Planned Unit Development ("PUD") for the Wildridge PUD; and WHEREAS, the proper posting, publication and public notices for the hearings before the iPlanning and Zoning Commission of the Town of Avon were provided as required by law; and W HEREAS, said application fails to comply with the following Town of Avon Comprehensive ve Plan's Policies, as required by section 17.20.110110) of the Avon Munic W Code: 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. 2. Policy A1,d Land for open space should be preserved throughout the community, particularly on steep slopes and other environmentally sensitive areas. 3• Policy A3.7 Steep slopes in and around the community should be designated and preserved as open space wherever possible 4. PolicyF1,2 Development shall not be allowed on steep hillside areas vulnerable to environmental and visual degradation. F+\Plann* d Zaniry COm4U'im\ResOludanA200J\Res 03.11144645 84 WR Ecker FUD AWndmentdae 5. Goal Cl, provide for diverse, quality housing to serve all economic segments and age groups of the population. WHEREAS, said application fails to comply with the following PUD review criteria set forth in Section 17.12.110 of the Avon Municipal Code, including the following: 1. The site plan, building design and location and open space provisions fail to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 17.20.110h(6). 2. Functional and aesthetic landscaping and open space aro not maintained in order to optimize and preserve the natural features of the sites. 17,20.110h(B). 3. Apparent conflicts with the requirements contained within the design guidelines of the Town. 17.20.110h(2). WHERW, this PUD Amendment fails to provide evidence of compliance with the public purpose provisions outlined in Section 17.28.085 of the Municipal Code, NOW, r OW, TsUCUORE, BE Tf RESOLVED, that the Planning and Zoning commission hereby recommends denial to the Town Council for the amendment of the Wildridge PUD, Lots 44 & 45, Block 4, Final plat, Replat Number Two, Wildridge Subdivision, application dated November 11, 2005 with the following conditions: ADOPTED THIS 20th DAY OF DECEMBER, 2005 Signed: Date: 247 -0 v� Chris Evans, Chair si Date: Phil Struve, Secretary P:Wlannfry & Tonfna COmmfr,,jmMesoIudona1200ARer 05.14 L04k45 B4 WR Ecker PUDAnmdmsntdoc EXHIBIT E VI. PUD Amendment / Confluence - CONTINUED PUBLIC HEARING Property Location: Confluence/95 Avon Road Applicant East West Resorts /Owner: Vail Associates Description. A request for an amendment to the Confluence PUD to modify the existing development rights and zoning for the entire property. This application proposes a hotel, retail plaza, high-speed public gondola, condominiums, and fractional ownership residential units. This item is tabled until the January 3, 2006 Planning and Zoning Commission meeting. OPEN PUBLIC HEARING Eric Heidemann advised the Commission of the need to table this agenda item to the January V, 2006 meeting since the applicant was unable to submit the Development Plan in time for Staff review to take place. CLOSED PUBLIC HEARING Commissioner Smith motioned to table Item VI, PUD Amendment / Confluence Property Location: Confluence/95 Avon Road, Applicant East West Resorts / Owner. Vail Associates, with Commissioner Struve seconding the motion. All commissioners were in favor and the motion passed 5 — 0. VII. PUD Amendment / Wildridge - PUBLIC HEARING Property Location: Lot 44 & 45, Block 4, Wildridge Subdivision / 5123 & 5129 Longsun Lane Applicant: Sam Ecker /Owners: Sam Ecker, Bruce & Susan Baca Description: A request for an amendment to the Wildridge PUD to allow for three (detached) single-family residences in place of a two duplex structures. This amendment would permanently reduce the density for the properties by one dwelling unit. A new lot would be created for the third single-family residence and the vehicular access to the new lot would be accessed from Wildridge Road East. Also being reviewed is a Preliminary Subdivision application. Matt Pielsticker presented the Staff Report to the Commission. Sam Ecker took his place at the podium and presented the Commission with a full size plan set for their review while he revealed the history of the project. Mr. Ecker than discussed the Issues presented in the Staff Report. Commissioner Green questioned the vacation of the property line and commented that a 40% slope is discouraged but not un -allowed. Commissioner Struve commented on the Lot 44B driveway alignment to the buildable site and commented that the Dry Creek and Western Sage PUD's were to downsize triplex lots. Commissioner Green questioned access and Commissioner D'Agostino commented that a more restrictive setback lot would be created. OPEN PUBLIC HEARING There were no comments offered from the Public. CLOSED PUBLIC HEARING Commissioner review began with Commissioner D'Agostino's concern for drainage on 3 sides, the need for clarification of setbacks, appreciated the research presented on the utilities and its easements and voiced a low concern regarding the driveway. Commissioner D'Agostino agreed with Staff that this application would set a precedent. Commissioner Smith voiced site concerns with subdivision of the lot in this manner and its site disturbance as well as driveway issues. Commissioner Struve commented on the need to limit square footage, present a drainage study, and restrict the positioning on the lot created. Commissioner Green wasn't concerned about recreating as a duplex lot, discussed drainage, and a need for serious consideration to the building envelope. Commissioner Evans expressed that a pro side was the home would benefit the adjacent property owner on Lot 44A. He continued with the con items; the homeowners on Longsun Lane chose to build on upside of lots, no reduction of density, a precedent would be set since a downzone has never been done In this manner and it is not in the best interests of Avon or Wildridge. Commissioner Evans commented to Mr. Ecker that the role Planning and Zoning Commission plays is not a final ruling or voice for Avon Town Council. He continued that Town Council is the deciding body on this project and typically not in support of rezoning. Commissioner Smith motioned to approve the denial as presented by Staff of Item VII, PUD Amendment / Wildridge, Property Location: Lot 44 & 45, Block 4, Wildridge Subdivision / 5123 3 5129 Longsun Lane, with Commissioner Struve seconding the motion. The motion passed 5 — 0 with all Commissioners in favor. VIII. Sketch Design - Duplex Property Location: Lot 10, Block 3, Wildridge Subdvision/4010 Wildridge Road West Applkant/Owner: Daniel Ritsch Description: The applicant is proposing a 9,400 square foot duplex residence on the subject property. The property is a relatively steep uphill lot located at the intersection of Bear Trap and Wildridge Road. The proposed materials Include stone veneer, cedar siding, and asphalt shingles. Eric Heldemann presented the Staff Report. Daniel Ritsch approached the podium and gave history of the architects on this project and that retaining walls would be necessary for the driveway. Stuart Brummett came to the podium as the new architect for the project to discuss parking Issues, vehicle turning radius problem, and the retaining walls. Commissioner comments began with Commissioner D'Agostino suggesting moving the house down, and the parking and tum around Issues. Commissioner Evans commented that the architecture was vastly improved, suggested pines as buffers to the retaining walls, and continued review of the site. Commissioner Green commended Mr. Brummett on the positioning of the project, along with the rusting steel and the buffer was good, and questioned landscaping and the revegetation of the site. Commissioner Struve voiced appreciation for the architecture, the need to address drainage issues, the driveway and its spaces, and landscaping concerns. Commissioner Smith expressed the difficulty of the lot and that the corrugated metal siding was too much. a'� Staff Report ,, SIGN DESIGN AVTOIN C O L O R A 0 0 February 21, 2006 Planning & Zoning Commission meeting Report date February 14, 2006 Sign type Master Sign Program Amendment Legal description Lot 68, Block 1 Benchmark at Beaver Creek Subdivision Zoning Neighborhood Commercial (NC) Address 111 Swift Gulch Road / 008 Nottingham Road Introduction The Master Sign Program (MSP) for the Petro -Hut building was approved on May 20, 2003. The program was later amended in 2003 by Talbot Intermountain Insurance to change the color of the three south facing building mounted tenant signs. Since that time, two of the three south facing signs have been installed along with the 'On the Go' sign and canopy signs. This application proposes an additional building mounted sign on the east side of the building (facing the 1-70 off ramp - See Exhibits B & E for location) identical to the other currently allowed building signs, and a different monument sign. The originally approved monument sign was never constructed and this application proposes to make a minor change in design of this sign. The Planning Commission reviewed this application at their December 20, 2005 meeting where the Commission requested a mock-up of the location and size of the proposed monument sign. Attached to this report are three iterations of the monument sign: 1) Currently approved design, 2) December 20, 2005 submittal, and 3) Revised design with site plan provided. An on-site mockup is available for Commission review between now and the meeting next Tuesday. The mockup is constructed on ply wood and has a painted red line to indicate where the stone base is located below. Design Review Considerations According to the Town of Avon Sian Code, Section 15.28.070, the Planning & Zoning Commission shall consider the following items in reviewing proposed designs: 1. The suitability of the Improvement, including materials with which the sign Is to be constructed and the site upon it is to be located. The building mounted sign would match all material and design specifications of the existing sign�program and should be appropriate for the project. The materials of the Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 68, Block 1, Benchmark at Beaver Creek Subdivision, Petro -Hut MSP Amendment #2 February 21, 2006 Planning & Zoning Commission meeting Page 2 of 3 proposed monument sign would be identical to the currently approved monument sign, and the design is extremely similar with the exception of a square sign face top instead of an oval design. Along with the attached site plan and drawing, the on-site mockup is ready for review. The building mounted sign (facing east) proposed does not seem appropriate since there is already approval for an additional 2'x 8' tenant sign facing the round -a -bout. 2. The nature of adjacent and neighboring Improvements. The immediate area is zoned Neighborhood Commercial with service and restaurant land -uses. 3. The quality of the materials to be utilized in any proposed Improvement. The building mounted sign would match the specifications of the current MSP and the monument sign would utilize the same stone base, and would utilize a plexiglass sign face. The quality of the materials to be utilized with this application are consistent with the already approved MSP. 4. The visual Impact of any proposed Improvement, as viewed from any adjacent or neighboring property. Both proposed signs would gain visibility of motorists entering the round -a -bout from Avon Road as well as traffic exiting 1-70 coming from the east. The proposed building mounted sign appears inappropriate since there is still allowance in the current program for another sign facing the round -a -bout. The monument sign is relatively small and should not have a significant impact as viewed from neighboring properties. Given the small area to place the monument sign, there would be limited room to landscape around the base of this sign. 5. The objective that no Improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be Impaired. Monetary and aesthetic values should not be impaired with this application. 6. Whether the type, height, size, and/or quality of signs generally complies with the sign code, and are appropriate for the project. The types of the signs proposed are consistent with the current MSP in place for the property. The height and size of the monument sign is slightly different from the currently approved sign. It has been narrowed to 42.6" wide and the sign face (not including stone base) has been increased in height by 1.5" from the original submittal. Staff believes that the type, height, size, and quality of the signs are in general compliance with the sign code and appropriate for the project. The monument sign would be interior lit, similar to the Conoco signs on the canopy. Although the type and size of the additional building sign is consistent with the current program, staff feels that this sign is inappropriate and the property would benefit from grouping the building mounted signs as already approved. 7. Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign Is appropriate for the determined orientation Town of Avon Communffy Development (970) 74 -4030 Fax (970) 949-5749 Lot 68, Block 1, Benchmark at Beaver Creek Subdivision, Petro -Hut MSP Amendment #2 February 21, 2006 Planning & Zoning Commission meeting Page 3 of 3 The primary orientation of both signs is to vehicular traffic, which appears to be appropriate. Staff Recommendation Staff recommends denial of the proposed building mounted sign due to conflicts with review criteria 1, 4, and 6; and would recommend approval of the monument sign design with the following conditions: 1. A landscape plan for the monument sign will be separately approved by staff and must integrate other existing landscaping on the property. 2. The interior lighting for the monument sign will be on a timer and turned off at the close of business each night. 3. No gas pricing is permitted on the monument sign. 4. 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 748.4413, or stop by the Community Development Department. Respectfully submitted, Matt Pielsti Planner I Exhibits: A - Existing MSP B - Site Plan C - December 20, 2005 monument sign design D - New design submittal for monument sign E - Building Elevation showing new proposed 8'x 2' building sign Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 y F EXHIBIT A J,d 7 2t13 Comprehensive Sign Program Swift Gulch Business Center Cott munity Development Swift Gulch Business Center will have a mixed use of retail and commercial tenants. The intent of this program is to provide an aesthetic sign program fitting the buildings architecture and to insure consistent quality representation for any and all tenant signage. GENERAL REQUIREMENTS: 1. Approval Process/Permits All signage shall be in accordance with Swift Gulch Business Center sign program. All tenants must submit drawings and specifications for proposed signage and must be pre-approved by Condominium Association prior to submission to the Town of Avon for permitting. All building signage shall be approved and permitted by Town of Avon prior to installation. Incurred costs for submitted art work and permit fee shall be at tenant's expense. 2. Installation All installation expenses are to be the responsibility of the tenant. A licensed electrician is required for any lighting installation. All workmanship and specifications will comply with Swift Gulch Business Center sign program and all applicable government regulations. 3. Maintenance Tenant Signs are to be kept well-maintained and to building standard. Lighting must kept in good repair. Physical condition of tenant sign should be maintained, no missing letters or characters, paint kept fresh and not faded etc. Landlord holds rights to require tenant improvement or repair to any sign that falls below building standard. I repair requirements will be presented in written form to tenant by the Condomini Association. Failure to meet maintenance needs required by written notification with-in 60 days constitutes a violation of a tenant's lease if so deemed by Condominium Association. 4. Removal of tenant signs shall be the responsibility of and at the expense of tenant_ Base substrates and lighting components for upper floor tenant signs become a fixed building asset and may not be removed once installed. (See attached for descriptions) Landlord reserves the right to withhold the expense of removing any tenant signage from deposits held on tenant space or lien the tenant for all costs incurred in said removal. 5. Requirements & Options Tenants are not required too, but have the option of applying for, a building mounted sign. Tenant signage allocations are outlined as Ground floor (street level Nottingham) or upper levels. a.) Tenant Sign locations & approval The Condominium Association reserves the right to assign exterior building, sizes and locations for tenant signage. These allocations must fit into the required guidelines of the total square footage allowed for the building as approved by the Town of Avon. The Association reserves the right to approve or decline tenant requests for exterior building signage. b.) Location & allocations Signage shall be placed per designated building locations only.. (See attached) Tenants may apply for one exterior space only. Spaces may require sharing of a base substrate but shall have their own Tenant Panel (see attached) 6. Temporary Signage a tenant may place a temporary sign while permanent sign is under construction. Temporary sign shall not exceed allocated permanent sign square footage and shall consist of the same layout and colors as permanent sign. All other temporary signage, sales banners, posters etc must be approved by Condominiur Association. No interior signs, notices posters etc. are allowed in common areas unless approved by Condominium Association. SIGN SPECIFICATIONS: 1. Building Identification There shall be one primary building identification signlocated on the South side of the building (see attachment 1) with secondary logo location on West end and an Address location on North side of Building. Building materials shall consist of dimensional formed acrylic letters individually mounted to building exterior matching Mathews paint color Dark Bronze. (See attachment) A building logo identity will be utilized to represent the building and will be located on building pop -outs over exterior entries. (See attached) The owners of the building reserve the right to change the building identity name at their discretion. 2. Ground Floor Tenant Signs as designated for: On The Go / Conoco Current main floor tenant requires set identity representation according to their contract requirements in order to represent and sell CONOCO products. a.) Monument sign with stone base on a concrete footer with internally lit fluorescent components illuminated through acrylic single sided face. Located at Southeast ground level to Nottingham. Rd. (See attached sizing and landscaping lay -outs) b.) Canopy (2) Internally lit fluorescent components illuminated through acrylic single sided face. Locations: Southeastern comer of canopy & South face of canopy. (See attached) c.) Store Identity A station Identity sign for "On The Go" incorporating their logo will be represented on the building itself. Cabinet will be backlit fluorescent cabinet box located over entry doorway flush with building facing West. (See attached) d.) Window graphics shall consist of professionally installed vinyl or digital text and graphics. No temporary "poster or banner style" window graphics will be allowed on windows "street side" facing south onto Nottingham Road. All permanent window graphics to be reviewed and approved by Condominium Association prior to installation and must conform to applicable Town of Avon codes. 3. Upper Floor Tenant Signs . a.) Building mounted base substrate of 1/40 thick aluminum to shape (see attachment) primed and painted with polyurethane mounted to building by Hilti stucco anchoring system and mechanical hardware. The base plate will have extruding permanently mounted X" threaded studs for attaching tenant panels with hex head cap nuts. This "base plate" will be considered a fixed asset and is to remain property of the building once installed. Base plate shall match PMS color 554 Forest Green. Tenant panel will stud mount extruding from base plate with ''/z" standoffs. Tenant panel shall be fabricated of V aluminum or dibond primed and painted with polyurethane to match building beige, Forest Green, and Duronodic Bronze colors. (see attached art files) Text portion of sign may consist of a business name, nature of the business and logo if applicable. Text may be of a font determined by tenant. The business name shall be raised text; minimum 5/8" thick mounted flush to tenant panel. Nature of the business text may be made of dimensional painted aluminum letters or flush vinyl letters. All text shall match building trim paint spec or vinyl Avery high performance opaque beige. Logo's should have a raised shape and can incorporate paint or vinyl to building and sign program colors only. Condominium Association reserves the right to decline requests for logos deemed not aesthetically fit into building sign program. Town of Avon must also approve the use of any logos on tenant panel c.) Window signage shall consist of professionally installed text and graphics not to exceed 25% of window space. No temporary "poster or banner style" window graphics will be allowed. All window graphics to be reviewed and approved by Condominium Association prior to installation and be in compliance with Town of Avon codes. d.) Interior Directory will be available for tenant use and is the responsibility of, and at the expense of Swift Gulch Tenants, Designated Directory standard of set Font, spacing, and format only, no logos. In order to maintain consistency of directories all tenants are required to use Condominium Association specified sign shop only. Suite Signs Assigned suite numbers are provided for each tenant location. Each suite Number will have an allocated attachment to suite number sign for business description. Designated Suite sign standard of set Font, spacing, and format to be used by tenants. Logo's with -in the standard and capable of fitting into designated space allowable. In order to maintain consistency of suite signs all tenants are required to use specified sign shop only. Interior Identity signs require an art submittal and approval by Condominium Association °ire V.77,99 Ammendment to Approved Sign Program for Swift Gulch Business Center 8/20/03 3. Upper Floor Tenant Signs a.) Building mounted base substrate of ''/," thick aluminum to shape (see attachment) primed and painted with polyurethane mounted to building by Hilti stucco anchoring system and mechanical hardware. The base plate will have extruding permanently mounted '/4" threaded studs for attaching tenant panels with hex head cap nuts. This "base plate" will be considered a fixed asset and is to remain property of the building once installed. Base plate shall match PMS color 554 Forest Green. Ammend to Matte Black Tenant panel will stud mount extruding from base plate with 'W standoffs. Tenant panel shall be fabricated of '/4" aluminum or dibond primed and painted with polyurethane to match building beige, Forest Green, and Duronodic Bronze colors. (see attached art files) Ammend to: match building trim creme, with Teal borders and trim PMS #323C Text portion of sign may consist of a business name, nature of the business and Ef logo if applicable. Text may be of a font determined by tenant. The business name shall be raised text; minimum 5/8" thick mounted flush to tenant panel. Nature of the business text may be made of dimensional painted aluminum letters or flush vinyl letters. All text shall match building trim paint spec or vinyl Avery high performance opaque beige. Ammened to: Text to match teal border PMS #323 C Note: This amendment is directed at upper floor tenant panel color changes only. All other criteria, sizing, materials, lighting along with the sign program requiring upper floor tenants to remain in this ammended color scheme remain intact and unchanged. Ammendment approved by Building Owner Representative Tom Banner. BUILDING ID NOT PART OF ALLOWED SQ. FOOTAGE ... ....... 1.75 sq. f t. 17 2.7 sq, ft. 3.0 sq. ft. 4.75 sq. f t. SAME AS ORIGINAL P 't ' �J" �r �� t � �� „� x� ��'„ .�_5 f<�'. { � * �, s �• c .' � ,. G. ��.. , P 't ' �J" �r �� r �F�A) .• �� l d„ _ • �,l - �Fr {r ,,§,J rJ rY `t ,,�dYJay: ' �� 1. IJ;v �rr, •S .�. ¢d r. r at r` :(d �l { ar`Jl, lfl �l� !. y� ;� ✓ ? Jr l f FF44 ! . f • Fr„1i .ry l err • � �� r✓„ � }�r fr y� rF �Y �Jrl� ®. S 1 ��'k n•. .f'y 1. r r_, rf{{ 'y<}A r Y t I J isry,; l J*'. �✓yNr �1— x �, •r 'tin i? I p. J•Jr rs�'. 4 b r t. ! �},9 4aSry A r i r f 4Jty t C >J y. ref r„�•_ x s • J. tJ..r atiG '�^f, ?.,.Yr d� � � - ✓ll J ;• 4 � X yea° 11' „✓ err r - I r / a'J s { rr1 1 F- ; s ,<� ��J'J f Y •- � G, ;u`�KN.�,; rf r tl14 ",r t 1 J !�, � 1. IJ;v �rr, •S .�. ¢d I✓ Ir �l� !. y� ;� ✓ ? Jr l f FF44 ! . f • Fr„1i l ,r y J J% J........ S 1 f v Y • ! r r ✓ r:•, d x �, •r 'tin i? r., , 4 �§` r t. ! � 1 t F >J x s tJ..r atiG '�^f, ?.,.Yr d� � � - ✓ll J ;• 4 � X yea° 11' „✓ err r - r r, ... � n, J - s F rf `i✓ � <, r✓ ",r t 1 J r✓ J y l: I✓ ! t l S 1 f v Y d x �, ms. ,�,:, • • • '• • 14 EXHIBIT B 14 � vv s* / 14 H r— SMro1S Li I S2h � N wg�N Y .9'l9 N 3132q NW — — 3Nfl31v3 NW N X � a Q U v 0 �D eco on 4Gf C'+1 EXHIBIT C A I x cn 72 LL el LO N co c\i 0 L? C�! EXHIBIT D 9 EXHIBIT E Staff Report Sketch Desi 7 VO N nC0 L0 R A D0 February 21, 2006 Planning & Zoning Commission meeting Report date February 13, 2006 Project type Single -Family Residence Legal description Lot 1, Dry Creek PUD, A Resubdivision of Lot 44, Block 2, Wildridge Subdivision Zoning Single Family Residence (No more than 4,000 Square Feet) Address 2510A Old Trail Road Introduction Michael Stanner is proposing a Sketch Design application for a 4,000 square foot single-family residence in the Dry Creek PUD. The subject property was recently created by approval of a PUD Amendment and subdivision application. On August 9, 2005 the Town Council approved the Dry Creek PUD, an amendment to Lot 44, Block 2 of the Wildridge PUD. The approval down zoned the property from a fourplex structure to three (3) single-family residences. Building standards for the property are as follows: Building Height: Landscaping: Building Lot Coverage: Parking: Building area: Setbacks: 35 feet maximum 35% of total lot area minimum 40% of total lot area minimum 4 spaces minimum (2 enclosed minimum) 4,000 square feet (inc garage) maximum 25' front, 7.5' sides, 10' rear The proposed home is three stories with two enclosed parking spaces. The main/garage level includes an office, den, kitchen and living room. There is a walkout lower level with two bedrooms and an open "recreation" room. The upper level of the home is a master bedroom suite with a porch and outdoor spa. Staff Comments This design application appears to be in general conformance with the Town of Avon Residential, Commercial, and Industrial Design Review Guidelines. Many of the site development guidelines involve siting improvements to complement the existing topography and limiting the extent of site disturbance. The presented design appears to conform to the intent of the guidelines. Little grading is required and no engineered retaining walls are required with this design. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 1, Dry Creek PUD,' ridge - Sketch Design February 21, 2005 Planning & Zoning Commission meeting Page 2 of 2 Access to the site is accomplished by widening the bottom portion of the existing driveway on Lot 45 (one duplex and one single-family residence) to 17' and entering Lot 44 immediately before an existing berm and planted trees. The access receives generous amounts of solar exposure. The guidelines encourage the use of high quality, durable building materials. This proposal is consistent with the guidelines proposing lap cedar siding, board on board cedar siding, 'Telluride' gold stone (dry stacked), cor-ten steel roofing, composite shingle roofing, and stucco siding. While most of the PUD building standards are adhered to, this submittal appears to exceed the maximum allowable building area of 4,000 square feet. Areas such as the stairways have not been included in the total calculation. Compliance with this standard must be clearly demonstrated at final design submittal. Architectural interest has been added to this home with varying materials and areas of application, a central (cooling) tower feature, and varying roof pitches and materials. Items such as lighting and snow storage will be reviewed in detail with a final design application. All other zoning standards (i.e. lot coverage, landscaping) must also be demonstrated at final design. 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 Desion Review Guidelines. The Commission will take no formal action on the sketch plan application. Rather, direction on the design will be given to the applicant from Staff and the Commission to incorporate in the final design application. If you have any questions regarding this project or any planning -matter, please call me at 748-4413, or stop by the Community Development Department. Respectfully submitted, MattPielsticker Planner I Att: Reduced Plan Set Town of Avon Community Development (970)748.4030 Fax(970)949-5749 Wildridge - Resub of Lot 44, Block 2 - Dry Creek PUD Lot 1 N Lot 1 Property Boundaries — Residential Street ms - SUI-M-OL6 X¢d SZII-9Z6-OL6 Z£918 OJ'sPI—P3 '8641 X09'O'd uo!iwodroo lauo!ssa;(md v 1301!g3id `aauuss •Z laegoiyg •03'u-v'ospuPl!M 'Q [1'd )IaaJ tiO'1 101 aAVIOUg )10aa3 Q �o,J dr �� r 0 rte- S500-607 (o16xv. g699 -61t (oj,n61 OrVuOIO"kl�ODgivaL59180)cDMD - got *jjnS R I —P0 Isam Peom aseluoij 41no5 C56 NOAV JO NMI;le :--- 3S :mlSuiA aAJn 9DCIrdCFIlAk ' Z -XDO'I9 ' tt JLO'I pro 7s� as Ues ajOE) . civw MCIV2i00ciol 00 -Z OCO �jz oz�w =00 05 22 z 10 0 wz 0 2 3ug 0 0 U a 1: 0 Id A W w z 0- 0, w 0C� j z < w .0 z 0 z Ou Z8 0 z Ln LA- g ic N O2 - R SZi I-9Z6 (0L6) OPRIOJOD `uond `QOP!IPltm OPu-IOIOD `sP-IumPg `86tiI XOg 'O'd Q'fl'd laoiD xja `i lo'I is jaajtga.iV35uuuS •-I IavgaiW anUI3u2[ 3jaala Q 9Z 1-9Z6 (OL6) OPLI.ioioZ) `uony `aSPiiPitAA, OPWOIOD `SPMMP9 `86bi x09 •p•a •Q•n•d xaaio x1Q `I 10-I 1:49HS jaajiga.lV .iauuuS --I IaugaiN anetau:l Q SZI I -9Z6 (OL6) opRIoJOD `uond `aSpupTim opUzolOD `spre^npg `86t l Xog 'O'd Q'fl'd NOQJD x1a `I lo'I Z:IaHS laaligajV jauuluS -1 Iaugaiy� anCiau� 31aaaD Q N 9Z I -9Z6 (OL6) OPLIaoloD `UOAV `QOPIJPltm OPV-IOIOD `SPmmP9 `86ti XOg 'O'd 'a'ri'd voiD fau `I io'I ,LTIHS �aa�iy5a� .�auues •Z ta�yaiW anei3u2j3jaaJ3Al([ 9Z I 1-926 (OL6) OPLIJOIOD 'UOAV 020 P!JPI!Ak ORMIOD'SNUMPH'801 xO9 '0'.d '11 IOl laaj!q;).iV Ta-uuiuS --I I;auqaM 5AI913Ua )j5;5.15 JLaHHS ..... . ..... 7XI 9ZIl-9Z6 (OL6) OPRIOJOD 'UOAV'Q2p!JPI!M OPL.IOIOD'SPx9mPEI'86tl xOg 'O'd 'ci,fl*d IQQJD Aja, I Joj T5—TV--r.-i5uuvS --I jauqai' OA913U:l 3J;DaID AI(I laaHS I Jaa M M I I A w L L 7 U a , , bbD O O ►e rZ e^ w C� C/) •-" bA M Uc3 o Cd En -o X" U Cd o � :Ts U o o N x , U H LL 03 , 0 x M .d 0 , , Cd O O P4 1-, . aH bA b � �U o a, b 0 0 � oscdC'3� oV 'cd C7C;J Cd rn cn 3 O O Q w .., C7 H E Staff Report Sketch Desi, ROY AVON nC0 L 0R AD0 February 21, 2006 Planning & Zoning Commission meeting Report date February 14, 2006 Project type Duplex Legal description Lot 40, Block 4, Wildridge Subdivision Zoning 2 Units (Duplex) Address 5070 Wildridge Road East Introduction The applicant, Philip Matsen, is proposing a duplex on this Wildridge Road East property. This up hill property totals .79 acres and has relatively consistent 28% (existing) grades. There is a single-family home immediately to the east, three duplexes to the north, and the bottom portion of Lot 44 immediately to the west which is subject of another application for this meeting. The proposed building is large, and in excess of 10,000 square feet. The building would be comprised mainly of stucco with some 'field' stone added to the front side of the building, and small areas on the back and sides of the structure. Cedar board on board siding (both vertical and horizontal) and fascia is being proposed. Site Design The Design Guidelines put emphasis on site layout design. Structures should blend in with natural settings and the need for extensive site grading and slope retention should be avoided. Additionally, buildings should be stepped in appearance where practical. Site access shall blend with the natural contours of the site. The amount of proposed site disturbance appears excessive. The proposed driveway climbs up the site with the need for a structured retaining wall, ranging from 2' to 15', with generous amounts of fill material to function. Wall heights indicated on the site plan appear to be mislabeled. The driveway entrance is compliant with the guidelines with a 3% initial grade, eventually ascending at 8% grade to reach further up the site to capture views to the south. The Commission should consider some of the minimum requirements from the guidelines that this application appears to conflict with, such as: A2 - "The location of structures and access shall compliment the existing topography of the site. Excessive grading and/or the use of engineer - designed retaining walls is discouraged when an alternate site layout would minimize such disturbances. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 40, Block 4, Wildridge 5 ision - Matsen Duplex Sketch Design February 21, 2005 Planning & Zoning Commission meeting Page 2 of 2 A6 - Buildings on sloping lots shall be designed to step with the existing (natural) grades. Building Design As noted, the building is rather large with over 10,000 square feet of building area. There are three levels to each side of the duplex and the front and sides of the structure are wrapped with decks. The proposed building materials are of high quality and appropriate for the project; however, there appears to be a lack of attention paid to the back (north) side of the structure with limited windows and large expanses of stucco. The guidelines encourage fenestration articulation on large exterior walls to break up massing. According to the guidelines, "at a minimum no single wall plane should exceed 70% of the elevation of any exposure." Further, "breaks in the wall plane should form at least a 2 -foot step/setback." The north side of Unit A could benefit from further articulation or a break variation in building materials. The building stands close to 34' at the highest ridgelines, and the roof plan provides for a variety of roof pitches: 4:12, 6:12, and 8:12. Most of the dormers feature Dutch gables in order to add architectural interest. The roof appears to conform to the guidelines. All exterior lighting and a complete landscape plan would be reviewed with a final design submittal. Design Review 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 Guidelines. The Commission will take no formal action on the sketch plan -application. Rather, direction on the design will be given to the applicant from Staff and the Commission to incorporate in the final design application. If you have any questions regarding this project or any planning matter, please call me at 748- 4413, or stop by the Community Development Department. Respectfully submitted, Matt Pielsticker Planner I Aft: Reduced Plan Set Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Idridge - Block 4, Lo_ _0 Lot 40 Property Boundaries Residential Street ,, T Q H z W o � I � o zl 1—I o J H W N rn coo co c� zz N 8 eo8 Car O W .. Z a < 31:'n ((n od vncnzLOLO a MMfn K) K) �n Z M N gcoa z ,`O LLJ Z Ste' LiO p n. 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C e 0 to C d d 9 A N d Q Z Q Of 0 It, a � 9•L o'ol W W ea _'ON I r 90-10—ZO :Q)oO 00 NO 0 ON J r� ��d0-cV M�MIn Cf) F— OU =)a W Z O � 0>> a=ZZ �Q r. ,3 3l' + ld P_ / oovz-a ,oa•zs=� oti 1 Staff Report ' t©� AVON Sketch Design C0Lo R A DO February 21st, 2006 Planning & Zoning Commission meeting Report date February 15, 2006 Project type Duplex Legal description Lot 12, Block 4, Wildridge Subdivision Zoning 2 Units — Residential Duplex Address 5712 Wildridge Road East Introduction The applicant is proposing a Sketch Design application for an 8,000 square foot duplex residence. The subject property is a steep uphill lot constrained by a platted non -developable area along the northern property line and significant topography (slopes in excess of 40%). These areas have been depicted on the survey provided in the applicant's packet. As a result, the project includes the use of numerous retaining walls for the access drive and retaining walls for the structure. According to the Wildridge Plat, "no development shall occur on the non - developable area without written specific approval of the covenants committee and the Town of Avon. Development shall include buildings, fences, signs, roads, and grading. Non -developable areas shall be physically undisturbed and left in their. present natural state except fro approved access and utility easements." The proposal as submitted avoids this area entirely. The proposed building materials include stone veneer, wood siding, timber accents, and asphalt shingles. The elevations submitted demonstrate variation on material and form consistent with. the design guidelines. Additionally, the guidelines state, "all designs shall be compatible with existing built structures, the immediate inbuilt environment, and the design philosophy of the Town." The design appears to be compatible with adjacent structures. Staff Comments Although in general conformance with the Town of Avon Residential Commercial, and Industrial Design Review Guidelines, this application appears to conflict with some of the requirements included in the guidelines, particularly site disturbance, the use and extent of engineered retaining walls, and the size of the proposed structure. In order to develop the proposed access to the site with reasonable driveway grades (10% grades) several engineered retaining walls will be required. The guidelines suggest minimal use of retaining walls and site grading. However, Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 a Lot 12, Block 4, Wildrid iplex Sketch Design February 21, 2006 Planning & Zoning Commission meeting Page 2 of 2 because of the steep natural conditions of the site and the size of the proposed structure, there are limited options without significant cut and fill slopes. Staff would suggest the Commission explore with the applicant whether a smaller structure is more compatible with the topography and constraints of the lot, reducing the amount of grading and use of retaining walls. Moreover, staff believes re -orienting the building and reducing the massing may effectively reduce the necessary grading and disturbance of the site that requires such extensive retaining walls. The site plan appears to have demonstrated positive drainage away from the structure. However, this is accomplished through the use of walls and significant grading. Staff would again ask the applicant to address whether a smaller structure or some other means of site planning could reduce the amount of grading proposed. Building height is difficult to determine with this sketch submittal and appears to approach the maximum allowable. Staff would ask the applicant to provide a site plan at a scale of 1:10 and clearly demonstrate building height compliance at final design with recognizable spot elevations. No exceptions to the height requirement will be made except for penetrations that add architectural variety such as with the chimneys. Staff has identified several issues that need further discussion with the applicant and Commission prior to support of a design review application. These issues revolve around the proposed size of the structure relative to the size and nature of the lot, which in our opinion is excessive. In the event the Planning Commission finds this design plan acceptable, staff would highly recommend that the applicant provide multiple cross sections of the property to better understand this submittal. 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 Guidelines. The Commission will take no formal action on the sketch plan application. Rather, direction on the design will be given to the applicant from Staff and the Commission to incorporate in the -final design application. If you have any questions regarding this project or any planning matter, please call me at 748-40009, or stop by the Community Development Department. Respectfully ubmitted, H idemann pSenior lanner Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 AVON C O L O R A D 5 S 1 p 2006 $KETCH DESIG 000000 Sketch Plan Fee: � 0 2 MM Applicant._ ..J/jyl LL -L AS mEM0C-A 7'Mg1Y dM-WMC"'i 6"VP MailingAddress: M /%jy 62L City: t—pw#-,t_05 State: Ce Zip: E9(632 Phone#: t7V 371a 7�3�_ Fax#: qjo 3z8 098v cell#: 3rto-7%13r Owner of Property: X612 , LLC Mailing Addresm"K 5� City: t-,pW*" State: Co 7Jpc X163 � Pboue #: S4vt,.e, [r a(,uvx. Fax M Lot: � Block:—' Project Street Address: D616 Cell #: X Project Name: hy?LLK /A -r 27/Z ❑ Addition ❑ Single Fau_ily Uj Duplex ❑ Multi -Family ❑ Commercial ❑ Industrial ❑ Other._ Please Describe Your Project (arch. style, sq. ft., height, materials, colors, unique features): ,/ ., P. -17.. —. p "1", f'fl,N, �A 11.._� In... t, I A.r.. ,_ // r —i.. 1(we) represent that all information provided to the Town ofAvon in connection with this application as true and correct, that I (we) understand the Town ofAvon regulations applicable to this project, and understand that incomplete submittals will delay application review. Owner designates Applicant as indicated to act as owner's representative in all application submittals related to this est. Applicsntc �yGyi�-a�� Owner: phi( \vW► -- (Print Name): —'-,J I My 3 J s -e_, (Print Name): (w,—F) (7 Date: Date: L• Community Development, P.O. 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The proposed amendment is intended to provide clarification of parking standards for allowed uses in the Industrial and Commercial Zone ("I/C zone") by define said uses, as well as reconcile allowed uses with associated parking standards. Specifically, the ordinance will create a definition and parking standard for self -storage, as well as define currently allowed uses and clarify the overall parking standards for the zone district. The current I/C Zone includes a group of allowed uses (warehouses; laboratories; electrical substations; light manufacturing plants; wholesale sales outlets; showrooms; Industrial, construction, and wholesale offices; and additional uses determined to be similar to allowed uses in accordance with the intent of this zone district). In the past, all these uses have been assigned to the "Industrial Land Uses" ratio, which required a parking ratio of 1/800 GFA. Staff believes this practice was erroneous and the minimal parking standard, as evidenced by existing parking and loading conditions in the district, was not appropriately matched to the broad range of uses permitted. Further, once a project was constructed at the "Industrial" ratio, uses migrating in the range of permitted uses over the years clearly create parking conflicts to the detriment of the project. In some cases the allowed uses have different parking demands and require the standards to be segregate in order to operate efficiently. Most importantly, the use of a variance procedure to `assign' a parking standard for uses such as self storage is not the appropriate process. The proposed clarification to parking ratios for Industrial Commercial Zone District uses were developed, in large part, using the most recent Institute of Transportation Engineers Trip Generation manual. The manual models peak hour traffic demands on empirical date form existing developed properties, and in this case the trip generation factor is based on 1000 square feet gross floor area. Where necessary, staff has also proposed amendment to the zoning definitions section for certain uses. It is important to note that the proposed amendments would be applicable to all new development and anticipated re -development of properties in zone district. Existing development. Staff has provided written notice of the proposed amendments to all property owners in the zone district in addition to the required notice provisions of the Avon Municipal Code. The discussion section below outlines the individual definition proposed for amendment and a brief description of the rationale for the amendment and its applicability. , Discussion: Resolution 06-05 proposes to amend the Avon Municipal Code - Title 17 (Zoning) with respect to the following definitions. The underline text is language added, and the strike through text would be eliminated: Section 1: This section of the amending ordinance provides clarity by establishing definitions for allowed uses In the IC Zone. New definitions are as follows: warehouse, research, and associated functions. 17 08 725 Showroom "Showroom" means a room where goods are disolaved for advertisina or Is. Section 2: This section of the amending ordinance adds self -storage as an allowed use in the IC zone. In the past, staff has relied on the Zoning Administrator or the Planning and Zoning Commission to make Interpretation regarding among other things permitted land uses that are similar to the allowed uses. As a result of past interpretations, there are several existing self - storage facilities in the Town (Avon Self Storage Lot 25, Block 1, BMBC; AAA Mini Storage Lot 14/15, Block 1, BMBC; Mountain Center Self -storage). 17.20.010 Industrial and Commercial - IC. A. Intention. The industrial and commercial zone district is intended to provide sites for light industrial and manufacturing uses, wholesale outlets, warehousing, offices and storage facilities. B. Allowed Uses. The following uses shall be permitted in the IC district: 1. Warehouses; 2. Laboratories; 3. Electrical substations; 4. Light manufacturing plants; 5. Wholesale sales outlets; 6. Showrooms; 7. Industrial, construction, and wholesale offices; 8:8 Self -Storage: 9. Additional uses determined to be similar to allowed uses in accordance with the intent of this zone district. C. Special Review Uses. The following uses shall be permitted in the IC district subject to the issuance of a special use permit: 1. Four residential units per lot in conjunction with business operation; 2. Automobile or other vehicular sales and repair shops; 3. Retail sales and other personal service outlets; 4. Restaurants; 5. Public uses; 6. Outside storage areas; 7. General commercial offices. D. Development Standards. 1. Minimum lot size: .5 acre; 2. Maximum building height: forty-eight feet; 3. Minimum building setbacks: Front: 25 feet; Side: 7.5 feet; Rear: 10 feet; 4. Maximum site coverage: fifty percent; 5. Minimum landscaped area: twenty percent; 6. Maximum density: four dwelling units per lot when approved as a special review use. (Ord. 75-08 §§1,2; Ord. 91-10 §1 (part)). Section 3: This section of the amending ordinance segregates the uses and assigns parking standards based on the use. 3. Industrial and Commercial Minimum Parking Requirements a. Warehousing 1.2/1000 sq. ft. GFA b. Light manufacturing plants 1/800 sq. ft. GFA C. Wholesale sales outlet/ Showrooms 1/800 sq. ft. GFA d. Self storage 1/2,500 sq. ft. GFA e. Utility company 1/800 sq. ft. GFA plus 1 space per employee vehicle parked on site. f. Industrial, construction, and wholesale offices 3/1000 sq. ft. GFA g. Laboratories 1/800 sq. ft. GFA Recommendation: We anticipate that the Commission will have questions on the proposed changes during your meeting. We would like your feedback and any proposed changes to the resolution in order to present this set of Zoning Code revisions to Town Council for first reading at their February 28, 2006 regular meeting. We recommend that you hold the public hearing and deliberate on the proposed revisions, and recommend approval to Town Council of Resolution 06-05. Should you choose to amend any language of the proposal, staff is able to make those changes as part of your motion and codify them in the signed resolution to Council. Proposed Motion: "I move to approve Resolution 06-05, recommending to Town Council the adoption of specific revisions to Title 17 (Zoning) of the Avon Municipal Code" Exhibits: A. Resolution 06-05 Amending Title 17 of the Avon Municipal Code, including Ordinance 06-04. TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 06-05 SERIES OF 2006 A RESOLUTION RECOMMENDING APPROVAL TO THE TOWN COUNCIL OF AMENDMENTS TO TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO THE DEFINITIONS, ALLOWED USES IN THE INDUSTRIAL AND COMMERCIAL ZONE DISTRICT, AND ESTABLISHING PARKING STANDARDS FOR ALLOWED USES IN THE INDUSTRIAL AND COMMERCIAL ZONE DISTRICT. WE REAS, Title 17 of The Avon Municipal Code requires review and revision on a periodic basis in order to continue to serve the public interest; and WHEREAS, the Planning and Zoning Commission have reviewed the attached revisions ("Exhibit A") to Resolution 06-05 Series of 2006, and held a public hearing as required by the Avon Municipal Code to review the proposed amendments. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends to the Town Council the approval of changes set forth in Resolution 06-05 Series of 2006 in order to amend the existing Avon Municipal Code as adopted. ADOPTED THIS 21" DAY OF FEBRUARY, 2006 Signed: Date: Chris Evans, Chair Attest: Date: Phil Struve, Secretary TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 06-05 SERIES OF 2006 A RESOLUTION RECOMMENDING APPROVAL TO THE TOWN COUNCIL OF AMENDMENTS TO TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO THE DEFINITIONS, ALLOWED USES IN THE INDUSTRIAL AND COMMERCIAL ZONE DISTRICT, AND ESTABLISHING PARKING STANDARDS FOR ALLOWED USES IN THE INDUSTRIAL AND COMMERCIAL ZONE DISTRICT. WEREAS, Title 17 of The Avon Municipal Code requires review and revision on a periodic basis in order to continue to serve the public interest; and WHEREAS, the Planning and Zoning Commission have reviewed the attached revisions ("Exhibit A") to Resolution 06-05 Series of 2006, and held a public hearing as required by the Avon Municipal Code to review the proposed amendments. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends to the Town Council the approval of changes set forth in Resolution 06-05 Series of 2006 in order to amend the existing Avon Municipal Code as adopted. ADOPTED THIS 21" DAY OF FEBRUARY, 2006 Signed: Date: Chris Evans, Chair Attest: Date: Phil Struve, Secretary ORDINANCE NO. 06-04 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, ADDING DEFINITIONS FOR ALLOWED USES IN THE INDUSTRIAL AND COMMERCIAL ZONE, ADDING SELF STORAGE AS AN ALLOWED USE IN THE INDUSTRIAL AND COMMERCIAL ZONE DISTRICT, AND AMENDING THE PARKING STANDARDS FOR USES ALLOWED IN THE INDUSTRIAL AND COMMERCIAL ZONE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 17.08. Chapter 20 of Title 17, Avon Municipal Code, is as follows: 17 08 515 Manufacturing_ "Manufacturing" means the conversion of raw materials or parts into finished products Facilities generally have ancillary office warehouse, research, and associated functions. 17 08 715 Self storage "Self Storage" means buildings in which a number of storage units or vaults are rented for the storage of goods Each unit is physically separated from other units, and access is usually provided through an overhead door or other common access point. Units are non -habitable contain no plumbing or running water, or electric outlets. 17 08 725 Showroom "Showroom" means a room where goods are displayed for advertising or sale. 17 08 830 Warehouses "Warehouses" are primarily devoted to the storage of materials and may also include office and maintenance areas. 17.08.840 Wholesale sales outlet. "Wholesale sales outlet" means the sale of merchandise to retailers rather than directly to the public. Section 2. Amendment. Sectionl7.20.10, Chapter 20 of Title 17, Avon Municipal Code, is as follows: Industrial and Commercial --IC. A. Intention. The industrial and commercial zone district is intended to provide sites for light industrial and manufacturing uses, wholesale outlets, warehousing, offices and storage facilities. B. Allowed Uses. The following uses shall be permitted in the IC district: 1. Warehouses; 2. Laboratories; 3. Electrical substations; 4. Light manufacturing plants_ ; 5. Wholesale sales outlets; 6. Showrooms; 7. Industrial, construction, and wholesale offices; 8. Self -Storage; 9. Additional uses determined to be similar to allowed uses in accordance with the intent of this zone district. C. Special Review Uses. The following uses shall be permitted in the IC district subject to the issuance of a special use permit: 1. Four residential units per lot in conjunction with business operation; 2. Automobile or other vehicular sales and repair shops; 3. Retail sales and other personal service outlets; 4. Restaurants; 5. Public uses; 6. Outside storage areas; 7. General commercial offices. D. Development Standards. 1. Minimum lot size: .5 acre; 2. Maximum building height: forty-eight feet; 3. Minimum building setbacks: Front: twenty-five feet; Side: 7.5 feet; Rear: ten feet; 4. Maximum site coverage: fifty percent; 5. Minimum landscaped area: twenty percent; 6. Maximum density: four dwelling units per lot when approved as a special review use. (Ord. 75-08 §§1,2; Ord. 91-10 §1(part)). Section 3. Amendment. Section 17.24.020.C, Chapter 20 of Title 17, Avon Municipal Code, is amended by addition of a new definition as follows: 3 Industrial and Commercial Minimum Parking Requirements a. Warehousing_ 1.2/1000 sg. ft. GFA_ b. Light manufacturing plants 1/800 sq. ft. GFA c. Wholesale sales outlet/ Showrooms 1/800 sq. ft. GFA d. Self storage 1/2 S00 - - ft. GFA e. I hilitkcompany 1/800 sq. ft. GFA "'1 plus 1 space per employee vehicle parked on site. f. Industrial construction and wholesale offices 3/1000 sq. ft. GFA g. Laboratories 1/800 sa. ft. GFA INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 14th day of February, 2006, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 28th day of February, 2006, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the day of 12006. ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney Ronald C. Wolfe, Mayor _ k Q t { y * . A +y Y 4 JY l} k ' ../4'YP: WIN- r.�Y ' rrh, rtah ��' 1' yr, • J .000 r I : Page 1 of 1 Matt Pielsticker From: Sam Ecker[sam@gorerange.net] Sent: Tuesday, February 21, 2006 9:19 AM To: Matt Pielsticker Subject: meeting schedule change Hi Matt, Due to a family medical emergency, I would like to request a change of meeting date for our hearing to the next scheduled meeting in March. Thanks for your assistance. Sincerely, Sam Ecker Gore Range Surveying, LLC PO Box 15 5129 Longsun Lane Avon, CO 81620 (970)479-8698 (970) 479-0055 (fax) sam@gorerangenet 2/21/2006