PZC Packet 050206Town of Avon Planning & Zoning Commission
AO=i Meeting Agenda for May 02, 2006
V
V 1N1 Meetings Held At: Avon Town Council Chambers
U L O R „ o U All Meetings are open to the public
Avon Municipal Building / 400 Benchmark Road
(12:00 pm) Site Tour - 38374 Highways 6 & 24
Description: Meeting at the Gates on Beaver Creek project to review the revised on-site mockup
design panel for final review of building materials and colors. This approval is required no later than
May 31, 2006 in order to keep the property's vested rights.
(5:00 pm - 5:30 pm) Work Session
Discussion of Regular Meeting Agenda Items in Council Chambers.
- REGULAR MEETING AGENDA -
I. Call to Order (5:30 pm)
II. Swearing In and Appointment of new Commissioners
W. Todd Goulding, Julia Foster, Andrew Lane. Appointment of Chairperson, Vice
Chairperson, Secretary and Commission representative to Village at Avon DRB.
III. Additions and Amendments to the Agenda
IV. Conflicts of Interest
V. Consent Agenda
Approval of the April 18, 2006 Planning & Zoning Commission Meeting Minutes.
VI. Executive Session with Town Attorney (5:35 pm - 6:00 pm)
Pursuant to CRS 24-6-402(4)(b) conference with attorney for the local public body for
purposes of receiving legal advice on specific legal questions, specifically to discuss matters
pertaining to application before the Public Utilities Commission (PUC). Executive session is
not open to the public.
VII. Municipal Code Text Amendments (6:00 pm — 6:20 pm)
Applicant. Community Development Department & John Dunn, Town Attorney
Description: There are two proposed Ordinances being proposed by staff to amend the
Avon Municipal Code. The first amendment is to Titles 16 and Title 17, relating to
applications for development and subdivision approval and the erection or construction of
improvements. The second amendment would affect Chapter 17.14 & Title 17, relating to
vested property rights.
VIII. Minor Project - ERWSD Building (6:20 pm — 6:40 pm)
Property Location: Tract N, Block 3, Benchmark at Beaver Creek Subdivision
Applicant/Owner.• Ronald Siebert, Eagle River Water and Sanitation District
Description: Design review for a new building at the Eagle River Water and Sanitation building
fronting the Eagle River between the bike path and the rail road tracks. The building is
Posted on April 28, 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
required for UV water treatment and would have a 28' x 44' footprint and is located on the
south side of the main treatment facility. The building would have fluted masonry walls and a
metal roof.
IX. Mockup Design - Gates on Beaver Creek (6:40 pm — 7:00 pm)
Property Location: Lot 1, Chateau St. Claire Subdivison / 38374 Highways 6 & 24
Applicant., Steven Heinen, Ivins Design Group
Description: This is to discuss the on-site mockup review which took place at 12pm. Action is
required on the mockup design panel, and approval of this mockup must take place prior to
May 31, 2006 in order for the property remain in compliance with its current Development
Agreement.
X. Other Business (7:00pm - 7:15pm)
A. Staff update on various applications and issues.
XI. Adjourn (7:15pm)
Posted on April 28, 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
0 On the Internet at htto://www.avon.ora /Please call (970) 748.4030 for directions
/141
AVON
C 0 L 0 R A o 0
Town of Avon Planning & Zoning Commission
Meeting Minutes
April 18, 2006
5:00 pm - 5:30 pm - Work Session
I. Call to Order
Called to order at 5:35pm
II. Roll Call
All commissioners were present with the exception of Commissioner D'Agostino.
III. Additions and Amendments to the Agenda
None
III. Conflicts of Interest
None
V. Consent Agenda
• Approval of the April 4, 2006 Planning & Zoning Commission Meeting Minutes.
Commissioner Green moved to approve as submitted, Commissioner Smith seconded the
motion. The motion passed with Commissioners Savage and Buckner abstaining due to
absence.
VI. Stonebridge Streetscape Improvements
Property Location. Stonebridge Drive & Eaglebend Bridge, Eaglebend Subdivision
Applicant: Town of Avon
Description., Overview of the proposed streetscape improvement project on Eaglebend Drive and
Stonebridge Road for construction this summer. This project consists of installing curb and gutter,
bus pullouts, streetscape lighting, and a separated pedestriantbicycle path on the south side of
Eaglebend Drive. Also included is the replacement of the rails on the Stonebridge Road bridge.
Town Engineer Jeff Schneider presented the proposed Town improvements for Eaglebend and
Stonebridge Drive to include curb and gutter, separated bike path, and new bus stop, and new rails on
Stonebridge Drive Bridge. Mr. Schneider requested input on three speck elements including:
monuments, color, and lighting. He explained ,that the schedule was to begin bids in June after
gaining CDOT approval.
The Planning Commission review began with Commissioner Struve questioning the size and design
of the monuments and lighting. Color of the fixture was discussed and there were no color options
presented to the Commission. Commissioner Green requested a complete elevation of the bridge
(with human figures for scale) instead of individual details of the columns and re -iterated that the
lighting with HPS would not be approvable and that Metal Halide was the preference.
Commissioner Evans questioned the monument size and proportion in relation to the bridge. There
was further discussion on the light fixture design, what type of rocks being used for bases, and the
color and material of the rails of the bridge.
ti
Commissioner Green move to table this item until next meeting in order for more details to be
presented, with Commissioner Smith seconding. All commissioners were in favor and the motion
carried with a 6-0 vote.
VII. Sketch Design Plan -Single-family
Property Location: Lot 2, Dry Creek PUD, A Resubdivision of Lot 44, Block 2, Wildridge / 2510
Old Trail Road
Applicant: Michael Sanner, Architect
Description: A sketch design for the second of three single-family homes in the newly created Dry
Creek Subdivision on Old Trial Road. A final design application for the first lot was approved at the
Commission's April 4th meeting. Materials include cedar siding, asphalt and metal roofing, stucco,
and stone exterior.
Eric Heidemann presented staffs report to the Commission highlighting the three main areas of staff
concern: drainage and culvert design as it relates to future Lot 3 development, the maximum square
footage of 4,000 square feet including garage requirement and possible exceeding, and the
architectural design as it relates to the design approved for Lot 1 that was approved earlier this year.
The main discussion revolved around the 'similar yet not identical' issue. The architect was not
present but the property owner and developer, Trent Hubbard, approached the podium to address
issues raised by staff. Mr. Hubbard clarified the square footage issue and stated that it was a drawing
error and would be corrected for the lower level. The culvert would be installed on the downhill side
as identified on the approved subdivision grading and drainage plan. The limits of disturbance and
undisturbed area to northwest side of structure would be undisturbed. Mr. Hubbard read a statement
written by the architect concerning the similarity in designs between Lots I. and 2. Roof colors and
fascia are different, while windows and siding are the same.
Chairman Evans further discussed the similarity issue, and asked for elevations for all three structures
to better understand the development as a whole. He explained that the towers and the massing are
too similar with the two structures. Mr. Hubbard challenged the Commission with the idea of keeping
the cooling towers and making other changes and if that would be acceptable. Commissioner Green
suggested possibly keeping the towers, yet making modifications to the tower design.
There was no action required for sketch design plans
VIII. Transit Station Design Plan - CONTINUED
Applicant/ Owner. Town of Avon
Description: Design review for the proposed Transit Center Design including: shelter, pavement and
sidewalk materials, landscaping, and lighting. This item was first review by the Planning Commission
at their April 4, 2006 meeting.
Steven Spears made a presentation to the Commission to explain how he arrived at the current bus
layout given the parcels we have to work with, and after review of four different design options.
Alternative #2 was identified as the preferred design option for the site plan layout. The carpet
connection was highlighted and the visual energy moving north/south. The water feature and the
gondola were the anchoring points.
The comments received by staff, Council and the Commission were presented to the Commission.
Changes to the proposal since the beginning included: exterior siding was changed to cedar, arch
bracing added to match lettuce sheds, gutters and downspouts were added, stone entrances were
slightly modified, the EastNVest gable windows and ventilation were added, and a color concrete band
was provided around the interior edge of the shelter to hold the trench drain.
v'
Mr. Spears presented more design changes and updates for this project. The soils report has been
received, snowmelt was currently under heavy review, there was coordination happening with the
Confluence developers, and a temporary shelter on Lot 61 was being contemplated.
Commissioner Green questioned the bus route and asked why the buses couldn't use West Beaver
Creek Boulevard in a counter clock wise circulation instead of doing a loop back around on
Benchmark Road. Mr. Spears explained the transportation planning reasoning for the proposed route
and the ECO bus preferences. Norman Wood mentioned making the Roundabout fully functional.
Tambi Katieb addressed the Commission concerning bus routes and the long range planning aspect
of this project. Discussion continued with the bus turning movements, timing of bus routes, and the
location of the transit center being situated between two high activity nodes in an ideal location.
Commissioner Green questioned the light fixtures and commented on the battered walls of the
shelter. The stone should not be angled with the step fashion of the walls; rather the stone should be,
horizontally faced and stacked. Mr. Spears stated that this was the intent of the design presented.
Commissioner Savage did not agree with the design for the shelter since there was no relation to the
other buildings in the area. Commissioner Buckner appreciated the transit design and commented on
the areas where the glass would meet the ground and how they should be lined up on the short and
long sides of the building with matching heights.
Commissioner Evans moved to approve the transit center design plan as presented with staff
recommended conditions:
1. All lighting submitted is only conceptually approved, and will require submittal of a site
lighting plan in conformance with Chapter 15.30 ("Outdoor Lighting Standards") prior to
final construction document approval.
2. Seating in the Transit Shelter shall accommodate a minimum of 20 people.
3. A speed table/crosswalk at the entry to the Transit Center from both east and west
approaches shall be included in the plans prior to final construction document.
,4. Signs shall not be internally illuminated cabinet signs. Signs will be fabricated out of
wood or metal, and illuminated only by the light fixture.
5. The road plan for railroad crossing from the Transit Center shall be revised to be
consistent with final approval of the material and paving concept.
6. A 15mph speed limit shall be posted for the extent of the Transit Center from both east
and west approaches.
7. A temporary connection shall be installed from the Transit Center to the existing Town .
mall until final approval of design plans for the Benchmark Court connection.
8. Modifications shall be provided as necessary to assure ADA compliance.
and the addition of the following conditions:
9. All paved areas added as part of this project to be snow melted.
10. Gable vents to match 12:12 roof pitch or be integrate into the siding field.
11. Lighting fixtures at shelter to be approved at later date.
12. Angle bracing to be one plane parallel to garage doors.
13. The cap at top of stem walls to be approved at a later date.
14. Colors to be approved at a later date.
N
15. End window mullions to match garage doors with bottom panels to be spandled metal
or non -clear glass.
Commissioner Green seconds the motion and all Commissioners were in favor with the exception of
Commissioner Savage. Motion passes with a 5-1 vote.
IX. Other Business
A. East Avon Work session with Council - April 29
B. Commissioner Appointments at Council.
X. Adjourn
Meeting adjourned at 8:10pm
Respectfully submitted,
Matt Pielsticker
Planner I
APPROVED:
Chris Evans
Vice Chairman
Phil Struve
Secretary
a
MEMORANDUM
TO: PLANNING AND ZONING COMMISSION
FROM: TOWN ATTORNEY
RE: ORDINANCE AMENDMENTS RELATNG TO VESTED RIGHTS
AND APPLICATIONS PURSUANT TO ZONING AND
SUBDIVISION REGULATIONS
DATE: April, 2006
At the meeting on May 2 the Commission will be considering two ordinances
amending the Town's zoning and subdivision regulations. The most extensive amendment relates
to vested rights, and it will be addressed first in this memorandum.
At this risk of telling Commission members what they already know, this
memorandum will briefly review the history of vested rights. Before 1987 it was very difficult to
have a "vested right" in any zoning approval. The concept of "common law vesting" had been
developed, pursuant to which it was necessary to show reliance upon a zoning approval before
there was any vested interest in it. Usually it was necessary to show that a building permit had
been issued and that money had been spent to develop the property in conformance with the zoning
approval. Without reliance of that kind, the zoning approval could be revoked without damage to
the property owner.
In 1987 the legislature adopted the Vested Property Rights Law to change that
common law rule. In essence the legislation entitled any property owner, in association with an
application for approval of any site specific development plan, to request that the approval
constitute a vested right. Under the law the property owner was entitled to a vested right of three
years duration although the local government in its discretion could agree to a longer period. The
law also required that each local government adopt its own vested rights ordinance. At first the law
and the Town's ordinance were little used, and the Town did not receive such a request until 1996
when the first application for approval of The Village (at Avon) was filed.
The Council has recently reviewed the law and its ordinance and directed that
certain amendments be prepared. Those amendments are now before the Commission for
recommendation.
As a matter of additional history, the vested rights statute was amended in 1999.
The Town has never acted to incorporate those amendments into the ordinance. The ordinance also
was dri need of clean-up. The changes are as follows (also included is a marked -up copy of the
existing ordinance on which language amended is underlined and language deleted is stricken):
1. 17.14.020. The definition of "site specific development plan" is changed from its
present, rather circular definition to the documents currently used to vest property rights, the PUD
development plan and a development agreement. "Site specific development plan" is so broad as
to permit the vesting of nearly anything. Limiting the definition as proposed narrows what can be
vested and requires great specificity.
2. 17.14.040. The hearing procedure is deleted and replaced with a cross-reference
to the code section which sets forth the procedure for approval of a PUD. It has been the practice
over the past ten years to handle a request for vesting like any other zoning application.
3. 17.14.050. The burden to publish a notice of vesting of property rights is shifted
to the applicant. Without publication of the notice, the time for judicial review or referendum does
not begin. Obviously it is important that that happen, but it should not be the fault of the Town if it
does not.
4. 17.14.060. This section, dealing with the term of vesting, has been completely
rewritten. Included are provisions for termination of a vested right.
5. 17.14.070. This section, dealing with application of other regulations, has been
completely rewritten. The amended language makes it clear that only regulations like the building
code are intended. This permits the Town maximum flexibility in negotiating the development
agreement as part of the review process.
6. 17.14.080. "Planning and Zoning Commission" has been changed to "Town
Council" to reflect actual practice.
7. 17.14. 100 and 110 have been deleted. Neither section is needed.
The Commission is also being asked to make a recommendation on a proposed
ordinance which allows the Town the ability to not act on applications when the applicant is in
default under its agreements with the Town. The changes should be self-explanatory.
It is requested that the two ordinances be favorably recommended to the Town
Council.
TOWN OF AVON
ORDINANCE NO. 06 -
Series of 2006
AN ORDINANCE AMENDING TITLES 16 AND 17, AVON MUNICIPAL
CODE, RELATING TO APPLICATIONS FOR DEVELOPMENT AND
SUBDIVISION APPROVAL AND ERECTION OR CONSTRUCTION OF
IMPROVEMENTS
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
Section 1. Amendment. Section 17.12.010, Chapter 17.12, Title 17, Avon
Municipal Code, is amended by the addition of a paragraph (5) to provide as follows:
(5) No application for approval of a development plan shall be received for
processing or approved, and no application for a building permit shall be granted, when
the applicant is in default under any related or unrelated agreement or obligation to the
Town.
Section 2. Amendment. Section 16.12.050, Chapter 16.12, Title 16, Avon
Municipal Code, is amended by the relettering of paragraph (c) as paragraph (d) and by the
addition of a new paragraph (c) to provide as follows:
(c) No application shall be placed on a meeting agenda of the Town Council at a
time when the applicant is in default under any related or unrelated agreement or
obligation to the Town.
INTRODUCED, PASSED ON FIRST READING AND ORDERED POSTED
the _ day of 2006, and a public hearing on this ordinance shall be held at the
regular meeting of the Town Council on the _ day of , 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 2006.
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
Ronald C. Wolfe, Mayor
2
TOWN OF AVON
ORDINANCE NO. 06 -
Series of 2006
AN ORDINANCE AMENDING CHAPTER 17.14, TITLE 17, AVON
MUNICIPAL CODE, RELATING TO VESTED PROPERTY RIGHTS
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. The definition of Site specific development plan
contained in Section 17.14.020, Chapter 17.14, Title 17, Avon Municipal Code, is amended to
provide as follows:
Site specific development plan means a planned unit development plan approved
pursuant to Section 17.20.110 of this Code together with a development agreement
approved pursuant to Section 17.14.060(a) hereof.
Section 2. Amendment. Section 17.14.040, Chapter 17.14, Title 17, Avon
Municipal Code, is amended to provide as follows:
No site specific development plan shall be approved until after public hearings
in compliance with Chapter 17.28 of this Code.
Section 3. Amendment. Paragraph (b) of Section 17.14.050, Chapter 17.14,
Title 17, Avon Municipal Code, is amended to provide as follows:
The failure of the document constituting a site specific development plan to
contain this language shall invalidate the creation of the vested property right. In
addition, a notice generally describing the type and intensity of the use approved, the
specific parcel or parcels affected and stating that a vested property right has been created
shall be published once by the landowner in a newspaper of general circulation in the
Town not more than fourteen (14) days after final adoption of the ordinance approving
the site specific development plan.
Section 4. Amendment. Section 17.14.060, Chapter 17.14, Title 17, Avon
Municipal Code, is amended to provide as follows:
(a) A property right which has been vested pursuant to this Chapter shall remain
vested for a period designated in a development agreement, not to exceed five (5) years.
Provided, nothing contained in this paragraph shall be construed so as to prevent the
Town Council from agreeing as a part of the development agreement for extensions of
the period of vesting upon further public hearing and demonstration by the landowner
that it meets the conditions for such extension contained in the development agreement
and that it complies with the Comprehensive Plan in effect at that time.
(b) The rights vested by any site specific development plan may be terminated,
after notice and hearing before the Town Council, upon a finding of a material breach of
any condition of approval of the plan, or any component thereof, including the failure of
the landowner to comply with the terms and conditions of the development agreement,
the site specific development plan, a related subdivision improvements agreement or any
other agreement related to that development.
(c) Any site specific development plan in existence on or after January 1, 2006,
shall be reviewed at least every five (5) years to determine if any cause exists pursuant to
Paragraph (b) hereof for termination of the rights vested by the plan. Such review shall
include but not be limited to whether the landowner or developer is in compliance with
its obligations to the Town contained in the original approvals, including but not limited
to the site specific development plan, the development agreement and any other
agreements between the landowner and the Town, as they may have been amended from
time to time. Such review shall also include an evaluation of the conformance of the site
specific development agreement with the comprehensive plan then in effect. Any site
specific development plan in existence for more than five (5) years prior to July 1, 2006,
shall be reviewed no later than July 1, 2008.
Section 5. Amendment. Section 17.14.070, Chapter 17.14, Title 17, Avon
Municipal Code, is amended to provide as follows:
The establishment of a vested property right shall not preclude the application of
ordinances or regulations which are general in nature and are applicable to all property
subject to land use regulation by the Town including, but not limited to, the regulations
contained in Title 15 of this Code.
Section 6. Amendment. Section 17.14:080, Chapter 17.14, Title 17, Avon
Municipal Code, is amended to provide as follows:
In the event an amendment to a site specific development plan is approved, the
effective date of such amendment, for the purpose of determining the duration of a
vested property right, shall be the date of creation of the original site specific
development plan unless the Town Council specifically finds to the contrary and
incorporates such finding in the ordinance approving the amendment.
Section 7. Repeal. Sections 17.14.100 and 17.14.110, Chapter 17.14, Title 17,
Avon Municipal Code, are repealed.
Section 8. Severability. If any provision, clause, sentence or paragraph of this
Ordinance or the application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this Ordinance are
declared to be severable.
2
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the _ day of 2006, and a public hearing on this
ordinance shall be held at the regular meeting of the Town Council on the _ day of
, 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 2006.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
NOTICE OF PUBLIC HEARING
TO: Whom it May Concern
You are hereby notified, pursuant to Section 17.12.100 of the Avon Municipal Code, that a public hearing on proposed
amendments and additions to the Avon Municipal Code will be held and considered at the meeting of the Planning and
Zoning Commission of the Town of Avon, on May 2. 2006 at 5:30 PM in the Avon Municipal Complex, 400
Benchmark Road, Avon, Colorado, at which time and place you are hereby invited to be present and be heard.
APPLICANT:
DESCRIPTION OF REQUESTED
AMENDMENTS:
DEADLINE:
PUBLIC REVIEW:
Town of Avon - Community Development Department
There are two proposed Ordinances amending the Avon
Municipal Code, including the following:
1) Titles 16 & Title 17, relating to applications for
development and subdivision approval and erection or
construction of improvements.
2) Chapter 17.14 & Title 17, relating to vested property
rights.
If you wish to be heard on these matters, you may appear
personally or by designated agent at the public hearing on
Tuesday, May 2, 2006. OR you may file a written statemen
with the Recording Secretary. Town of Avon, P.O. Box 975,
Avon, Colorado 81620. In order to be considered by the
Planning and Zoning Commission, such written statement
must be received in the Town offices no later than 4:00 PM,
Tuesday, May, 2006.
A detailed copy of the proposed amendments and additions
are available in the Community Development Office for
review during regular business hours by the public. Also,
please sign up to receive meeting agendas at www.avon.ore.
For further information, call 970.748.4030.
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON:
• MAIN LOBBY, AVON MUNICIPAL COMPLEX
• MAIN LOBBY, AVON RECREATION CENTER
• MAIN LOBBY, ALPINE BANK
• AVON CITY MARKET
Mailed and posted on April 20. 2006 by Community Development
F.Vianning h Zoning ConunissionWublic nodce.Mfun1 Code Tide 16, 7rde 17, Chapter 17.14 A=ndmenra.doc
examination pursuant to this Title. Any person failing or refusing to permit entry shall be deemed to have
committed a violation of this Section. (Ord. 91-10 § 1(part))
17.12.090 Hearings — conduct.
When required by statute or by this Title, hearings before the Planning and Zoning Commission and
the Town Council shall be conducted in accordance with the provisions of this Chapter. (Ord. 91-10
§ I (part))
17.12.100 Hearings—setting date.
(a) Upon filing of an application, the disposition of which requires a hearing before either the
Planning and Zoning Commission or the Town Council, or both, pursuant to this Title, a date for the
hearing shall be set which shall be not more than thirty (30) days from the date of acceptance of the
complete application, unless otherwise specified by specific chapter of this title.
(b) The Planning and Zoning Commission shall hold a public hearing on the application, and notice
of such hearing shall be published at the expense of the applicant in a newspaper of general circulation
within the Town, or posted in at least three (3) public places within the Town, in addition to posting at the
office of the Town Clerk, at least twelve (12) days prior to the hearing date. Further, a copy of such
notice shall be mailed to all property owners within three hundred (300) feet of the property in question,
by regular mail, at least twelve (12) days prior to the meeting, and certificate of such mailing shall be
filed with the Planning and Zoning Commission. If a property requiring notification is a condominium
project, notice may be mailed to the managing agent, registered agent or any member of the board of
directors thereof.
(c) The Town Council shall hold a public hearing on any recommendation of the Planning and
Zoning Commission, and notice of such public hearing shall be published at the expense of the applicant
in a newspaper of general circulation within the Town, or posted in at least three (3) public places within
the Town, in addition to posting at the office of the Town Clerk, at least six (6) days prior to the hearing
date.
(d) The notices required by this Section shall state the time and place of the hearing, name of the
applicant, a general description of the subject property indicating its location (which may be shown by
map), a brief summary of the subject matter of the hearing, and a statement that the application or
information relating to the proposed change or amendment is available in the zoning administrator's office
during regular business hours for review or inspection by the public. (Ord 04-12 §2; Ord. 04-03 §§1,2;
Ord. 02-12 §2; Ord. 04-03 §l; Ord. 91-10 §1(part))
CHAPTER 17.14
Vested Property Rights
17.14.010 Purpose.
The purpose of this Section is to provide procedures necessary to implement the provisions of Article
68 of Title 24, C.R.S., as amended. (Ord. 91=10 §1(part))
17.14.020 Definitions.
As used in this Section, unless the context otherwise requires:
Site specific development plan means a development plan
Vested property right means the right to undertake and complete the development and use of
property under the terms and conditions of a site specific development plan. (Ord. 91-10 §I(part))
17.14.030 Vested property right created.
A vested property right shall be deemed to have been created only upon the approval of a site specific
development plan in accordance with this Chapter. (Ord. 91-10 §1(part))
17.14.040 Notice and hearing.
persoacs (Ord. 91-10 §I(part))
17.14.050 Notice of approval.
(a) Each map, plat, site plan or other document constituting a site specific development plan shall
contain the following language:
Approval of this plan constitutes a vested property right pursuant to Article 68 of Title 24, C.R.S., as
amended.
(b) The failure of the map, plat, site plan or other document constituting a site specific development
plan to contain this language shall invalidate the creation of the vested property right. In addition, a
notice generally describing the type and intensity of the use approved, the specific parcel or parcels of
property affected, and stating that a vested property right has been created shall be published once by the
Town in a newspaper of general circulation in the Town not more than fourteen (14) days after the
approval of the site specific development plan. (Ord. 91-10 §I(part))
17.14.060 Duration of vested right.
cendkiens. (Ord. 91-10 §I(part))
17.14.070 Other provisions unaffected.
of a site specific development plan shall not
7
17.14.080 Amendment to site specific development plan.
In the event amendments to a site specific development plan are .pwposed wW approved, the effective
date of such amendments, for the purposes of determining the duration of a vested property right, shall be
the date of the creation of the original site specific development plan unless the Planning and Zoning
Commission specifically finds to the contrary and incorporates such finding in its approval or affirmation
of the amendment. (Ord. 91-10 §I(part))
17.14.090 Effect of termination on public rights-of-way.
The termination of a vested property right shall have no effect upon public streets, alleys or rights-of-
way previously dedicated with respect to such property. (Ord. 91-10 §I(part))
17.14.100 Development agreements.
(Ord. 91-10
§1(pan))
17.14.110 Limitations.
ent
repealed—an44he-prev' . (Ord.9t-10 §1(part))
CHAPTER 17.16
Zone Districts and Offlcial Map
17.16.010 Zonedistricts— created.
In order to carry out the purposes of this Title, the Town is divided into the following zone districts:
(1) RSF: Residential Single -Family.
(2) RD: Residential Duplex.
(3) RLD:-Residential Low Density.
(4) RMD: Residential Medium Density.
(5) RHD: Residential High Density.
(6) RHDC: Residential High Density and Commercial.
(7) NC: Neighborhood Commercial.
(8) SC: Shopping Center.
(9) TC: Town Center.
Town of Avon
Design Modifications
Commercial
/I
AV
C O L O R A D O
Staff Report
May 02, 2006 Planning & Zoning Commission meeting
Report date April 26, 2006
Project type New Building - Minor Project
Legal description Tract N, Block 3, Benchmark at Beaver Creek
Subdivision (ERW&SD)
Zoning GPEH (Government, Park, & Employee Housing)
Address 945 West Beaver Creek Boulevard
Introduction
Pete Siebert, project manager for the Eagle River Water & Sanitation District, is
proposing a stand alone building on their property between the railroad tracks
and the Eagle River. The footprint of the proposed building measures 44' x 28'
and is situated between the main plant building and the bike path.
This building would match the "odor control building" which was approved and
installed last year, with building materials including horizontal wood siding, green
metal roofing, and metal doors. There would be skylights similar to the odor
control building as well.
Design Approval Criteria
According to Section 7 from the Residential. Commercial. and Industrial Design
Guidelines, the Commission shall review all design plans utilizing specific Design
Standards, and by using the following general criteria:
1. The conformance with setbacks, massing, access, land use and other
provisions of the Town of Avon Zoning Code.
The proposal is in compliance with all of the requirements imposed by the
Town of Avon Municipal Code. Total site coverage for the property, including
the new proposed building, would be approximately 28% with an allowed 50%
coverage.
2. The general conformance with Goals and Policies of the Town of Avon
Comprehensive Plan, and any sub -area plan which pertains.
The property is located in District 20: River Residential District, according to
the Comprehensive Plan and is labeled as a Low Priority District. According
to the Comprehensive Plan "the major design influences are U.S. Highway 6,
Town of Avon Community Development (970) 748.4030 Fax (970) 949.5749
t
the riparian environment along the Eagle River, and public access to the
river."
The Comprehensive Plan puts emphasis on residential development and
redevelopment in this district and the need to be sensitive to the riparian
environment. One of the planning principles that staff would like to highlight
is:
Use Sensitive site planning, architectural detailing, articulation, and
appropriate setbacks, color, and scale of structure to preserve the
character of the river and its associated natural habitat.
This building will be highly visible from US Highway 6 and therefore should
blend in with the river environment. Staff would suggest the addition of trees
near this proposed structure since there is a lack of landscaping in this area
of the property.
3. Whether adequate development rights exist for the proposed
Improvements.
Not applicable. No density is proposed on this property.
4. The Design plan is in general conformance with Sub -Sections A through
D of the Residential. Commercial. and Industrial Design Guidelines.
A. Site Development: A site plan is attached to this staff report to show the
location of the building on the property in relation to other existing structures.
Some grading is required for the piping to this new building and the pipes
would ultimately be buried underground. Grass would be replaced as it exists
today.
B. Building Design: The guidelines require that all colors shall be earth tone
in color and shall blend in with the natural setting. Colors shall not exceed a
light -reflective value (LRV) of 60 percent and this application appears to
comply with the Guidelines.
The Guidelines limit roof pitches to 6:12 - 12:12, except for limited roof areas
for mechanical, etc. This application proposes a 4:12 roof and staff would
recommend that a 6:12 roof be utilized in order to fully comply with the
Guidelines.
C. Landscaping: Staff is recommending that landscaping be incorporated
into the approval of this structure. There is some existing landscaping on this
side (river side) of the property. Please refer to the attached photographs to
see the existing improvements.
D. Miscellaneous Items: The Design Guidelines require accessory
structures on the building site "to be compatible with the design and materials
and utilized for the main building structure."
5. The compatibility of proposed Improvements with site topography, to
minimize site disturbance, orient with slope, step building with slope,
Town of Avon Community Development (970)748.4030 Fax (970) 949.5749
and minimize benching or other significant alteration of existing
topography.
There is limited site grading required and the area where the foot print of this
building is proposed is relatively flat.
6. The appearance of proposed Improvements as viewed from adjacent
and neighboring properties and public ways, with respect to
architectural style, massing, height, orientation to street, quality of
materials, and colors.
As mentioned, this building would be highly visible from Highway 6 and could
be viewed from the bike path adjacent to the Eagle River. As addressed in
the Town Comprehensive Plan, the high visibility of this property should be
acknowledged and landscaping could help this building blend in with the
nearby river environment.
The colors and materials appear to be appropriate. The applicant originally
proposed masonry walls instead of woad siding, and has altered the proposal
following staff's recommendation.
7. The objective that no Improvement be so similar or dissimilar to others
in the vicinity that monetary or aesthetic values will be Impaired.
While this building would be extremely similar to the odor control building, no
monetary or aesthetic values should be impaired.
8. The general conformance of the proposed Improvements with the
adopted Goals, Policies and Programs for the Town of Avon.
This project is in general conformance with the adopted Goals, Policies, and
Programs for the Town. Additional landscaping would help the overall
appearance of this addition and project in total.
Recommendation
Staff is recommending conditional approval of the proposed UV Building on Tract
N, Block 3, Benchmark at Beaver Creek Subdivision.
Recommended Motion
"I move to approve the UV Building for Tract N, Block 3, Benchmark at Beaver
Creek Subdivision with the following conditions:
1. At least 3 trees in compliance with minimum size requirements imposed
by the Design Guidelines, and shrubs will be added near building.
2. A 6:12 roof pitch will be utilized with this building.
3. Except as otherwise modified by this approval, all material representations
made by the applicant or applicant representative(s) in this application and
in public hearing 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.
Town of Avon Community Development (970) 748.4030 Fax (970) 949-5749
0
Respectfully submitted,
Matt Pielsticker
Planner
Attachments:
Plans and Photographs
Town of Avon Community Development (970) 748.4030 Fax (970) 949.5749
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Memo
To: Planning and Zoning Commissioners AVO N
From: Matt Pielsticker, Plannero� c o L 0 R A 0 0
Date April 26, 2006
Re: The Gates on Beaver Creek (formerly Chateau St. Claire)
Mockup Review - 12.00pm On -Site Mockup Review
The Amended and Restated Development Agreement for the above-mentioned
property, approved by Town Council on December 13, 2005 (Ordinance 05-12), sets
milestone events and schedules deadlines for specific events to occur. As required by
the Development Agreement, there is deadline of May 31, 2006 to conclude approval
of all outstanding design issues "including on-site mock up and remaining design
issues listed in Avon letters dated December 8, 2004 and June 22, 2005."
Attached to this Memo for your review is the June 22, 2005 letter, which was a follow
up letter to the original on-site mockup review that took place last spring. To this date,
all design items have been approved except for the final mockup review to approve
building materials and colors. Most recently the Planning Commission approved the
Lighting and Landscaping Plans at their March 21, 2006 meeting, where feedback was
given to the applicant on the new proposed materials and colors.
The original and new proposed mockup panel elevations are both attached as exhibits
to the applicants letter. The on-site mockup will be ready for review at the
Commission's site tour scheduled for 12pm on May 2, 2006, with final action during the
regular meeting later that evening.
Exhibits
A - Letter from Steven Heinen, architect, dated April 25, 2006
B - June 22, 2005 staff follow up letter from previous mockup review
Cates on Beaver Geek
May 02, 2006 Planning and Zoning Commission Meeting
1�hr 6 `r Y\
1 v I " a April 25, 2006
•I CYIlIC1V11
C E B 1 13 n
1 ^ " " " e Matt- Pielsticker RECEIVED
E3 ra o u P Town of Avon
PO Box 975 APR 2 6 2006
Avon, Colorado 81620
RE: The Gates on Beaver Creek Community Development
Dear Matt:
We are submitting the following items for review at the May 2"1 Planning Commission
Meeting.
The revisions to the on site mock-up panel will be finished for Planning Commission review
d
on May 2 , at 12 pm. I have attached ASI #2 showing the proposed revision. As we
discussed via telephone, there has been an issue with the proposed Y4" hardi plank fascia
boards. The manufacturer states that the %" hardi plank in Rustic Grain is not regionally
available in our area. They also indicate that they would not warranty the product in this
region. This would not be in our clients best interest to use a product that does not have a
warranty. Since the rustic grain is not available we will revised half of the existing fascia to
be constructed of two (2) layers of 7/16" hard! plank with cedar mill finish. This will help the
fascia planks appear thicker and thus give more mass to the fascia planks as desired from
the Planning & Zoning Commission. In addition, the Stemberg, type "FFF" fixture (with
frosted glazing) that is specified on the lighting plan has been ordered and will be installed
on the mock-up panel.
In addition to the mock-up panel construction, I am including an alta survey which locates
all the existing elements on the site. Two letters from Koechlein Consulting Engineers, Inc.
have also been included to certify the shotcrete walls and geotech verification.
Please review the enclosed items and let me know if you have any questions or need any
additional information for our meeting.
Best regards,
Steven P. Hein n
Ivins Design Group
1480 Humbeld151reet
Denver, CO 80218
PH 303-446.8030
FX 303-446.8031
ivinsdesign.con,
ARCHITECTURAL
SUPPLEMENTAL INSTRUCTIONS
Project Name: THE GATES ON BEAVER CREEK
Project Location: Avon Road & Hwy. 6/24
Avon, Colorado
Owner. CSC Land, LLC
Tim Barton
1800 Valley View Lane, Suite 150
Dallas, Texas 75043
Contractor. CFC Construction
Tom Ware
1819 Denver West Drive Suite 100
Golden, CO 80401
ASI Number. #002
IDG Project No: 00032.2
Issue Date:
Architect:
04_25_06
Ivins Design Group
Stephen Graziano
1480 Humboldt St.
Denver, CO 80218
Contract For. New Construction
The Work shall be carried out In accordance with the following supplemental Instructions Issued In accordance with the
Contract Documents without change In the Contract Sum or Contract Time. Prior to proceeding In accordance with thew
instructions, indicate your acceptance of these Instructions for minor change to the Work as consistent with the Contract
Documents and return one copy to the Architect.
Descrl tion:
The following are changes to be made to Mock Up elevation and shall govern those submitted on
033006 as ASI #01:
1. Add secondary roofing material on Mock -Up panel, as indicated on Exhibit B. (16 oz. copper
shingles, Vail Metal Systems Riva Classic or approved equal).
2. Replace (e) light fixture with new'FFF' fixture selected. (MJHA ordered sample fixture for this light).
3. Replace Hardi Board soffit to be: '/.' Hardi Board Cedanniil Soffit
4. Replace Gutters & Downspouts to be 4" dia. Pre -finished bronze, in lieu of copper finish. Contractor
to submit sample to Architect for approval.
5. Re -paint existing color 2 at the base of building to change from Benjamin Moore Bronzed Beige
(#2151-50) to Benjamin Moore Pittsfield Buff #HC -24 (textured stucco).
6. Extend 1' thick built up foam accent 4" past jamb of window, typical each side, & at top and bottom of
windows.
7. Replace all F.R.T. wood railings and decking with Rough Sawn F.R.T. wood, stain to match current
8. Modify existing fascia as shown on Exhibit B & Exhibit C.
9. Deleted light fixture DDD from mock-up panel.
10. All exterior balcony woof to remain as FRT wood as currently specified per 1997 UBC Code section
705, for type II —1 hr. buildings.
Attachments-,
Exhibit A - Original Mock -Up panel Elevation (For reference only) 8%"x11"
Exhibit B - Revised Mock -Up panel Elevation, S%wx11"
Exhibit C - New Fascia Detail, 8'hox11"
Accepted:
By:
Contractor Date
Cc Supplemental Distribution
4
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CUSTOM IRON
TOPRAIL,
SALLUSTERS ,
BOTTOM RAIL. TYP
AT 4TH FLOOR
BALCONIES
SHAKE STYLE GONG. ROOF TILES,
3 COLOR BLEND
STAINED CEMENTITIOUS FASCIA,
TYP.
I' TH. BUILT UP FOAM BACKER
HEADER ACOENT
%"X8' HARDITRIM
FACTORY STAINED
9i X4' HARDITRIM 4A
FACTORY STAINED
STAINED
BRACKETS
HEA TI}
CUSTOM AC,(C
MIN.
AND TROWEL
>LOR I
FRT. RAIL, TYP.
FjR.T. HEAVY TIMBER NEM✓EL POST
PV DECORATIVE GAF, TYP.
40 FRT WOOD TRIM, TYP.
FR.T WD. BALUSTER PANEL,
TYP.
2 X FRT WD. BOTTOM RAIL, TYP.
- -1 4- DIA PRE -FINISHED (COPPER
4 .. FINISH) GUTTER AND DOWNSPOUT
SYSTEM W/ HEAT TAPE.
V TH. BUILT UP FOAM BACKER
ACCENT
•- - CUSTOM AGRYLIC.FINISH (OMEGA
AGROTIQUE) OVER 9/8'
AKROFLEX FINISH MIN.
12' DIAMOND -WALL- HAND TROWEL.
HEAVY TEXTURE, COLOR 2
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12,12
12,12 12.12
1 4 !
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CORNER OIIOIN ACCENT
EXHIBIT A
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MOCK-UP
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No. DATE 155LED FOR,
1 04 19 05 PUNNING SUBMITTAL PROJECT No. SHEET No.
00032.1
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2103/30;06S REV, PUNNING SUR.
G ZONING REFERENCE
3 COLOR
•%(ti HARDI BOARD, CEDAR MILL \
YWHARDI BOARD, GEDARMILLFASCIA,
TYP. J
SOFFIT, TYP..
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• �A
HEADER ACCENT (EXTEND 4" PAST
(2) LAYERS xb' 1
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BRACKETS
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I
ACROTIQUFj OVER 5/6"
AKROFLEX FINISH MIN.
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DIAMOND -WALL- HAND TROLL
— —
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LIGHT TEXTURE`.�
CUSTOM IRON 4
FRT. ROUGH SAMYND.. TOP RAIL,\
TOPRAIL, �0 7
TYP. )
BALLUSTERS ,
FRT. ROUGH SAWN HEAVY
BOTTOM RAIL. TYP
TIMBER NEWEL POST W/
AT 4TH FLOOR
DECORATIVE GAP, TYP.
BALCONIES
I X F.R.T ROUGH SAWN AD.
BALUSTER PANEL, TYP.
2 X FRT ROUGH SAWN WD.
BOTTOM RAIL, TYP.
4* DIA (BRONZE
PRE-FINISHED
FIN15W GUTTER AN12 DOWNSPOUT
v
SYSTEM W/ HEAT TAPE. J
m
CONTRACTOR TO SUBMIT SAMPLE. `
• ••
TO ARCH.. FOR. APPROVAL J
FFF
16 OZ. COPPER SHINGLES, VAIL 1
METAL SYSTEMS RIVA CLASSIC OR
_
APPROVED EQUAL. INTERLOCKING
NEW APPROVED LIGHT
`J✓
121-0'
PANELS WITH COPPER TRIM _ l
FLASF{I\
FIXTURES TYPE FFF, RE,
✓
_NGS _ I ✓—
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L16HTING PLAN
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I' TH. BUILT UP FOAM
BACKER CORNER
3i HARDI BOARD, RU5TIC GRAIN
QUOIN ACCENT
FASCIA, TYP.
CUSTOM ACRYLIC, FINISH (OMEGA
ACROTIOUE) OVER 3/6'
AKROFLEX FINISH MIN.
NOTE.
DIAMOND -WALL- HAND TROWEL
I. ALL STAIN NOTED
HEAVY TEXTURE, COLOR 2 "1
HERIN WILL BEI
SOLVENT BASED IN
T 12,12
MOORE PITTSFIELD
BUFF A24
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BASED, TYPICAL.
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2. EXISTING ON SITE
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MOCK-UP PANEL
12,12 12.12
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WILL BE REVISED
PENDING FLANNIN6
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DIRECTION.
16 OZ. COPPER SHINSLE5,
VAIL METAL SYSTEMS RIVA
12,4
•, CLASSIC OR APPROVED
VIL=
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m PANELS NITH TRIM
COPPER�\
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PROJECT No.
()003.1.2
S
1 4"
SHEEP No.
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2103/30;06S REV, PUNNING SUR.
J OS OT O6 MpOK—UP SUBMITTAL
54
GONW, TILE SHINSLES AS SHOM
ON CURRENT MOCK -LIP PANEL —
GEMENTITIOUS 7(e" HARD{
MILL FINISH FA5GIA PAN
BALKER ROD AND / CEMENTITIOU5 HARDI
SEALANT CEDAR MILL FINISH
50FIT PANELS
MOCK-UP PANEL FASCIA DETAIL
I i/.2"= P -O"
PYWIRIT f'
��• SHEET TRLE:
p� MOCK-UP
•" PANEL
Ne. DAre 15911ED FORT
14 p5 02 O6 PUNNING SUB4ITU� FRWECT N°. SHEET No.
00032.2
--
1 4• DET -1
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VON_
C O
June 22nd, 2005
Ivans Design Group
Attn: Mike Stomello
1480 Humboldt Street
Denver, CO 80218
RE. Conditional Approval for Modification to Final Design of lot 1,
Chateau St. Clain Subdivision
Pusf UrIee Bar 975
400 BenClunurk Road
Avon. Colonuln 81620
970.748.4(MM
970.949.9139 Far
970.845.7708 77Y
Mike:
On June 21", 2005, the Town of Avon Planning and Zoning Commission
reviewed the on-site moth -up for the above referenced project. As you will recall,
this was a condition of approval to the approved final design. The following Items
are concerns and/or recommended changes requested by the Commission to the
material and color as depicted on the much -up. Prior to proceeding with any of
the approved changes, you must first address the concerns of the Commission.
• Replace the 7/16' Hardyboard fascia with a minimum of %0 textured
fascia;
• Provide a secondary roof material, one suggestion was the use of metal;
• Roof fascia and soffit a minimum of W scared Hardyboard;
+ All wood deck material to be rough -sawn;
• Concerns with water -base stain;
• All copper down spouts and gutters to be bronze;
• Yellow color on bottom not approved, proved alternative color to approved
at a later date.
Should you have any questions or would like additional Information please don't
hesitate to contact me directly at 970.748.4009.
Kind Re
gards,
` t`emann
/� Senior Planner
Cc: File
�a,
MEDIA.
RETURNED