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PZC Packet 080310 (2)AVO N C 0 L 0 R A D 0 Call to Order (5:00pm) Town of Avon Planning & Zoning Commission Regular Meeting Agenda for August 3, 2010 Avon Town Council Chambers Meetings are open to the public Avon Municipal Building / One Lake Street II. Roll Call III. Additions & Amendments to the Agenda IV. Conflicts of Interest V. Consent Agenda • Approval of the July 20, 2010 Meeting Minutes VI. Final Design Review Wolff Residence Property Location: Lot 114, Block 1, Wildridge Subdivision / 2080 Beaver Creek Point Applicant. Fred Wilson, Morgante Wilson Architect / Owner. Ted & Anne Wolff Description: A Final Design review for a single-family residence on Beaver Creek Point. The residence utilizes stucco, drystacked Colorado moss stone, cedar trim, and asphalt shingles for a roofing material. The Sketch Design review for this project took place at the March 2, 2010 Planning and Zoning Commission meeting. VII. Master Sign Program Amendment Avon Town Square Property Location: Lot 1, Avon Town Square Subdivision / 30 Benchmark Road Applicant. Monte Park, Sign on Design / Owner. Slifer Center Association Description: Review of a proposal to modify the existing sign program to allow for a permanent non -lit sign option for individual tenant spaces located on the ground level. The original program was approved in 1993 and has not been updated since original approval. VIII. Minor Design Property Location: Lot 22, Block 2, Wildridge Subdivision / 2960 June Creek Trail Applicant: Jason Weingast of Active Energies Inc / Owner. Jeff Jacobs Description: A proposal to review a solar panel installation on the roof of a duplex residence located at the end of June Creek Trail in Wildridge. IX. Other Business X. Adjourn Posted on July 30, 2010 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • Avon Public Library • On the Internet at hfo://www.avon.orr / Please call (970) 748.4030 for directions KIM, �Iwflwm Town of Avon Planning & Zoning Commission Draft Meeting Minutes: July 20, 2010 Avon Town Council Chambers AVON 111 Meetings are open to the public C 0 L o- R A 0 U Avon Municipal Building / One Lake Street REGULAR MEETING I. Call to Order (5:OOpm) The meeting was called to order at 5:03pm. II. Roll Call All Commissioners were present, with the exception of Commissioner Anderson. III. Additions and Amendments to the Agenda There were no additions or amendments to the agenda. IV. Conflicts of Interest There were no conflicts of interest to disclose. V. Consent Agenda a. Approval of the July 6, 2010 Meeting Minutes Action: Commissioner Struve moved to approve the consent agenda as modified. Commissioner Roubos seconded the motion and it passed 4-0, with Commissioners Prince and Goulding abstaining due to their absence. VI. Ordinances (PUBLIC HEARING) Description: Ordinance No. 10-12, Series of 2010, will amend the Avon Municipal Code to (1) prohibit business licenses for a 'Medical Marijuana Business", (2) prohibit the use of land for a Medical Marijuana Business, and (3) de -criminalize the possession of medical marijuana by medical marijuana patients. The Town Council passed this ordinance on first reading on July 13, 2010 and has scheduled a public hearing and second reading by Town Council on July 27, 2010. (Eric Heil, Esq., Town Attorney) Discussion: Eric Heil overviewed the memorandum provided to the Commission. Commissioner Green questioned the process that needed to occur and if any action was necessary. Eric Heil outlined the first reading of ordinance that occurred at Council and the PZC review and required motion of recommendation. Commissioner Struve asked if this was in the new code or old code. Eric Heil responded that if approved by Council this will be located in the old code. Commissioner Green stated that it was not clear in the provided packet what action staff wanted from the Commission. He clarified that the information indicated that this was solely for information purposes. Commissioner Roubos stated her concerns over the reasons for the recommendation that was requested. Commissioner Goulding discussed the necessity for review of all code text amendments and land use modifications. Commissioner Green suggested that the commission take no exception to these regulations. Commissioner Patterson stated that he had no objection to the regulations proposed for Title 17, specifically those found in sections 5, 6, and 7 of the proposed ordinance. Eric Heil stated that the policy from Town Council is that Medical Marijuana should not be allowed in the Town and that the Planning and Zoning Commission needs to review to ensure these regulations will help the PZC to uphold these standards. Commissioner dialogue ensued to further discuss what the PZC's role is in the review of the proposed language. The Public Hearing was opened. Dominic Mauriello, 5601A Wildridge Road, commented that he feels there is misinformation being provided from the Town Staff. He stated that if the PZC believes that Medical Marijuana is appropriate in Town then the PZC has the opportunity to make that known at this time. The Public Hearing was closed. Commissioner Prince stated he thinks that both sides of the argument are not being presented to the PZC. He stated that his role is to evaluate both sides of the coin and that he can not do that with the information provided. Commissioner Patterson stated his opinion that Land Use is in the PZC's realm and that the PZC does not make legislative decisions, contrary to what Dominic stated. Commissioner Green stated that the proposed regulations are manageable for the PZC to regulate, contrary to his personal beliefs on this particular issue. Commissioner Struve stated that he agreed with Commissioner Green. He did have concems that the provided language will allow the Town to adopt rules that would outlaw other businesses. Commissioner Roubos stated she didn't have enough information to evaluate the Ordinance. She felt that more time would be necessary for a proper review. Eric Heil clarified the history of Medical Marijuana regulations in Avon and the State of Colorado. He overviewed case law in Colorado that allowed for moratoriums in order to adopt regulations. He further clarified that if the PZC was not comfortable making a motion then the Town Council could approve an emergency Ordinance to extend the moratorium. Commissioner Goulding stated that certain uses in town are currently outlawed, for example adult entertainment services and heavy industry. He stated that he doesn't take exception to these regulations. He did question if there were any comments received on this item. Eric Heil stated that less than a handful of public comments have been received by the Town Clerk. Commissioner Goulding questioned why Commissioner Prince would like to hear both sides of the story. Commissioner Prince stated that he would like to take an open approach and try to understand why other municipalities and communities have allowed these businesses. Action: Commissioner Green moved to "take no exception to the Town Council Ordinance No. 10-12, Series of 2010" noting that Sections 5, 6, and 7 provide manageable language related to Title 17." Commissioner Struve seconded the motion. Commissioner Patterson questioned the meaning of "taking no exception." Commissioner Green further described his reasoning for the terms "take no exception". Commissioner Patterson suggested that the language be amended from "take no exception" to "take no position". Both Commissioners Green and Struve accepted the modification to the motion. The motion passed with a 5-0 with Commissioner Prince abstaining. 2 VII. Other Business a. Commissioner questions of staff regarding section 17.28.090 Temporary suspension of building permits (AMC). Discussion: Matt Gannett overviewed the Avon Development Code (ADC) process including the numerous meetings conducted with the Zoning Advisory Committee, Planning and Zoning Commission and Town Council. He outlined the recommendation of approval from the PZC and stated that the recommendation of approval made by the Commission to Council on July 6 triggered the subject section found in Title 17, Zoning (AMC). Eric Heil then discussed the recommendation made by the Commission on July 6 and the AMC sections that regulate temporary suspensions of building permits and revocation of building permits. Commissioner Green suggested that the PZC can make a recommendation to Council on the language of the existing code. Commissioner Goulding separated the two issues on the table: the action of the Commission recommendation of approval to Council of the Avon Development Code (ADC); and the pertinent, corresponding Code language in the existing Municipal Code that was adapted by ordinance in 1991. Commissioner Struve questioned whether or not the Commission currently proceeds in accordance with Robert's Rules of Order. Eric Heil stated that he was unaware of whether the PZC or Town Council worked under these rules. Commissioner Struve stated that it is possible to rescind a motion under these rules. Commissioner Roubos stated that there was never an understanding that once the PZC made a recommendation of approval to Council regarding the new ADC, a moratorium on development would then be in effect. Eric Heil responded that a moratorium is not the proper term since building permits can still be applied for and approved under certain situations. Eric Heil overviewed the AMC Code sections that allow the Town to suspend or revoke a permit. He further discussed Colorado Common Law, particularly the language about building permits. He also discussed the ADC code language that would allow pending applications to move forward. Commissioner Patterson questioned the projected effective date. Commissioner Struve questioned what an applicant would do today if they submitted an application. Commissioner Goulding restated and overviewed the process and what potential the Commission has to help modify existing language in either the draft code or existing code. Commissioner Goulding stated that the intent in the '91 ordinance was to stop a bum's -rush on less restrictive development standards. He also commented that the new code is intended to be a more developer-friendly/customer service oriented code. Commissioner Struve questioned what it would take to revise or revoke 17.28.090. Eric Heil stated that it would require an ordinance, but an emergency ordinance can be undertaken to approve something in a single meeting. Commissioner Green wanted to know exactly where the Town currently is process -wise and if there is a moratorium on building permits. Eric Heil stated that an application that complies with both the current code and the proposed code can still receive a building permit. Commissioner Prince asked what would happen if the Town Council changed the development standards and how that would take effect. Buzz Reynolds, citizen and builder, questioned if the PZC had all the information to review the proposed ADC. He further questioned whether the PZC would have made the same recommendation as they did on July 6 if they knew then what they know now. He went on to state that this whole thing is a mess and it needs to be resolved. Tripp Plavec, citizen of Avon, stated his opinion that the code the PZC recommended to Council for adoption is a mess. He stated his belief is that the new regulations would render future designs undevelopable. He questioned whether the new regulations would be able to be waived for existing Platted lots. Sally Vecchio stated that existing platted conditions can result in having certain development standards waived if they are found unreasonable. Tripp Plavec stated that further regulations on existing platted lots should not be approved. He stated that the regulations are unfair because everyone who developed before the new code got to do whatever they wanted to do at the time. Dominic Mauriello, citizen of Avon, stated that the better forum for discussing changes to the proposed ADC would be next week at Council. He further stated that the policy decision should have been addressed prior to the recommendation of approval by the Commission. He questioned how many times the policy was overlooked since it was adopted in '91. He questioned the process and if the change would be required for a new application. Commissioner Goulding stated that this board had no ability to change the existing code. Dave Dantas, citizen of Avon, can PZC rescind the recommendation for the record. Commissioner Struve stated that he believes the PZC can rescind their recommendation. Commissioner Patterson questioned the process of an emergency ordinance. Eric Heil read into the record the section of the code that regulates emergency ordinances. Commissioner Goulding stated that one option would be for Council to act on an emergency _ ordinance. He stated the other option would be for the PZC to move to rescind, but still he would advise the Town Council to keep the status quo. Commissioner Patterson stated that he would advise not to rescind due to the work put in and unfortunately not everyone will be happy. He did suggest that the PZC recommend modifications to 17.28.090 to Town Council for an emergency ordinance. Commissioner Prince stated that he was happy that people now care about the land use code updates. Commissioner Roubos stated that she would like to keep the process moving, but resolve the building permit issue and rescind Section 17.28.090. Commissioner Struve stated that the obstacle hinders development and that rescinding the recommendation and revoking 17.28.090 be addressed by Council. Commissioner Green discussed the AIA policy position on code adoptions. He further stated that there are no moratoriums on development while new codes are adopted across the country. He further stated that 17.28.090 is archaic. Commissioner Goulding stated that 90% of the comments are with regard to the transition into the new Land Use Code. He stated that the best thing the PZC can do is to recommend to Council that they amend the existing code. Commissioner Struve requested a second legal opinion on the PZC's ability to rescind their vote. Commissioner Green then made a motion to: In the strongest terms possible, the Planning and Zoning Commission request that the Town Council adopt an emergency ordinance to allow: 4 1. Any complete application that has been submitted for approval prior to the effective date of the Avon Development Code shall be reviewed in accordance with the ordinance in effect on the date the application was deemed complete. Any re-application of an expired project approval shall meet the standards in effect at the time of re-application. 2. Furthermore, Section 17.28.090 of the existing Municipal Code is repealed." Commissioner Struve seconded the motion. He then asked to modify the motion as follows: "In the strongest terms possible, request the Town Council adopt an emergency ordinance to allow: 1. Any complete application that has been submitted for approval prior to the effective date of the Avon Development Code shall be reviewed in accordance with the ordinance in effect on the date the application was deemed complete. Any re-application of an expired project approval shall meet the standards in effect at the time of re-application. 2. Section 17.28.090 of the existing Municipal Code is repealed." Commissioner Goulding questioned the two sections relevant to the suspension of building permits. He stated section 17.28.040(b) also allows the town to revoke permits. He suggested that this section be included in the repeal of existing code sections. Commissioner Green suggested the following language be added, "Section 17.12.040(b) of the existing Municipal Code is repealed." Both the motion-maker and the secondary agreed to the changes. The motion passed with a 6-0 vote. Dominic Mauriello was then allowed to make a final statement that he wanted the PZC to understand why they didn't know about the code language found in 17.28.090. VIII. Adjourn The meeting was adjourned at approximately 7:40 pm. Staff Report - Final Design Plan August 3, 2010 Planning & Zoning Commission meeting Report Date Legal Description Zoning Address Prepared By Summary of Request Lot 114, Block 1, Wildridge Subdivision Planned Unit Development (PUD) — 1 Unit 2080 Beaver Creek Point Jared Barnes, Planner I 'TAR AVO N COLOR400 Fred Wilson, Morgante Wilson Architect, (the Applicant) representing Ted Wolff (the Owner) of Lot 114, Block 1, of the Wildridge Subdivision (the Property), has submitted a Final Design application for a single-family structure with access off of Beaver Creek Point (the Application). The application proposes a structure encompassing approximately 6,800 square feet of gross floor area. The residence would contain three (3) stories with an attached two (2) car garage. Staff is recommending approval of the Final Design application subject to the following conditions: 1. Revise all plan sets to ensure the proposed snow storage area is fully removed from the Snow Storage Easement adjacent to the Right -of -Way. Process At its March 2"', 2010 meeting, the Commission reviewed a Sketch Design for the Application. The Commission made the following comments concerning the proposed design: • Drainage to the west of the structure; • The linear design of the ridgeline; • Questions regarding the design of the rafters; • Lack of consistency with the lentils; and • How the color scheme will fit into the surrounding neighborhood; Property Description The Property is 0.53 acres, with street frontage along Beaver Creek Point. The Property generally slopes downhill from Beaver Creek Point to the east. The lot is vacant and immediately south of two recently developed single-family lots. To the east and west (across Beaver Creek Point) of the Property is a large Forest Service parcel zoned Open Space (OS) Policy Analysis The application does not negatively affect the planning principals for District 24: Wildridge Residential District as outlined in the Comprehensive Plan. Planning Analysis The Property is subject to two (2) separate plat requirements that restrict the building location and height. According to Replat Number 2 of the Final Subdivision Plat of Wildridge: No part of any structure on Lot 114 shall be greater than 18 feet, above finished road centerline elevation at center of lot frontage. The Property also contains a platted building envelope. The purpose of these plat restrictions are to limit visibility of development on the Lot due to its prominent location along a ridge, and to avoid the steep slopes that occur on the eastern half of the Lot. The application does comply with the aforementioned plat notes. As proposed and with the exception of a single roof ridgeline, all roof ridges have a USGS elevation of 8231.42. This results in a building height of 17'-11". Due to the proximity of the proposed height with the maximum height allowed by the Plat note an ILC will be required to verify this height. The building is also fully within the platted building envelope. As is evidenced by recent approvals on lots with platted building envelopes, certain types of on -grade improvements have been allowed outside of the envelope. Once again, due to the proximity of the proposed structure to the platted building envelope an ILC will be required to verify that all foundation and roof overhangs are fully within the platted building envelope. The proposed exterior light fixtures are full cut off and comply with the Outdoor Lighting Ordinance. Engineering Analysis The Engineering Department has made two comments on the application. They are as follows: • The snow storage area illustrated on Sheets C-1 and C-2 are within the Town of Avon Snow Storage Easement; and • The driveway drainage swale illustrated on Sheet C-1 drains into the snow storage area. This drainage swale will not function until the snow melts and allows the runoff to occur. The first comment will require modifications to the application and Sheets C-1 and C-2 will be required to be revised to remove this area from the Town of Avon Easement. The second comment should be addressed to assist the future homeowner with drainage that occurs during the winter months. Design Review The application proposes to use stone and stucco as the primary exterior building materials. The elevations also include sandstone sills and the use of asphalt shingles as the roofing material. The materials will be finished with the following colors, as seen on Attachment C: Stucco — "Navajo White" (ThoroCoat Fine #402); exterior trim —"Special Walnut" MinWax stain; and natural Dry stacked Colorado Moss for the stone. The landscaping includes eight (3) Colorado Blue Spruce trees that range from ten to twelve feet (10-12') in height, fifteen (15) aspen trees with two (2) to three (3) inch calipers, and a mixture of thirty-two (32) deciduous shrubs all five (5) gallons in size. The application does proposes to irrigate twenty percent (20%) of the Landscaped area with permanent irrigation. This is the maximum allowed by zoning, but is more than typically approved in Wildridge. Recommendation Staff recommends APPROVAL of this Final Design application for Lot 114, Block 1, Wildridge Subdivision, subject to the criteria and corresponding findings listed in this report, and with the conditions listed in the recommended motion below. Recommended Motion "I move to approve this Final Design application for construction on Lot 114, Block 1, Wildridge Subdivision, with the following conditions: 1. Revise all plan sets to ensure the proposed snow storage area is fully removed from the Snow Storage Easement adjacent to the Right -of -Way. and subject to the FINDING that the design is in conformance with the Town of Avon Comprehensive Plan, Title 17 (AMC) and the Town of Avon Design Review Guidelines." Exhibits A: Vicinity Map B: Color and Material Board C: Light Fixture Cut Sheet D: Reduced Plan Sets A Vicinity Map - Lot 114, Block 1, Wildridge Exhibit A L 7 OrOl Fr�, *< Residential Streets Property Boundaries -0 OrOl Fr�, *< Residential Streets Property Boundaries June 15, 2010 Exterior Building Materials Color Board: Lot: 114, Block 1, Subdivision Wildridge Stucco: Smooth texture in ThoroCoat Fine in Navajo White 402 Exterior Trim: Cedar trim for stain in MinWax Special Walnut Terrace: 2 1/4" flagstone tile Roofing: Tiberline 30 -year architectural shingle in slate Exhibit B AS pjtj#.;INAL 7 Stone: Dry stacked Colorado Moss Stone Smooth Buff Sandstone at sills and caps Metal Clad windows: Marvin or equivalent in Medium Bronze Garage Doors: Raynor, for stain in special walnut I of l SAME AS OKIvil°VTAL http://mountain-loghome.com/albums/Sierra_ Bosque/New_Siloam_stone_steps_and_walk_... 7/l/2010 Product 9098-89 - World Irp nt'ts Decorative Lighting & Plumbing xkrviDv' 1+�f'L9 � �GeivWI 51d& Y4, , xF •ITI 4• Enlarge Print Download High -Resolution Image Specifications Exhibit C 1 Light Dark Sky Wall Lantern Aluminum and Brass construction in Bronze Finish. 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TNIIID fid '011 S10311HOHd NOS11-31NVDHOR - I t NV-ld HOOIJ INSY43SVS 'OD IIUAW 14I0d THD HNAWa O=U 3ON3WN JJIOM 3H1 N a I 1 � � 1 i 1 � 1 � I L � 6 ' owzwzto :)w MTWOa Ha 1= 7 ?Gilf/A3 'mow ,w„� ,ax '011 S13111HOHd NOS11-31Nd9NOW - 111110 v :1 1 yy� NVId HOOIA ISald a -00 140AY LNICW�f33tlD WMAI'e-G OGK)Z � sifdJr.� DOOM A OM 3N1 ol \ 1 � � `\% u� _ I i 1 I 1 1 It �,. 1 ' i I------------ 1 ------ 1 1 I 1 1 1 1 1 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 I 1 1 I 1 1 1 Mild HOO Id dN0038 1 moi' 1 i 1 i 1 �� N Q 1 SY taW 7 NOS11-31NVDUOR --------------- 1 1 1 1 1 1 ; 1 1 , , I 1 1 I 1 , , , � � 1 � 1 � 1 � 1 � 1 � 1 � 1 1 1 1 1 � 1 � 1 i L' CLY9 ild IQW 7 ?N!M/3 '1117 Mlll� 1� d NOS11MAINVOSIM - LA I�r SNOI1VA3-13 HOMIX3 g Lu N a-� 4 M1 Q Staff Report — Master Sign Program Amendment August 3, 2010 Planning & Zoning Commission meeting Date Legal Description Zoning Address Prepared By Summary of Request Lot 1, Avon Town Square Subdivision Town Center (TC) 30 Benchmark Road 2 Jared Barnes, Planner :S-A Mario Giarratano and Monte Park, (the Applicant) representing Slifer Center Condominium Association (the Owner) of Lot 1 of the Avon Town Square Subdivision (the Property), has submitted a Master Sign Program (MSP) Amendment application for the commercial building (the Application). The application proposes to modify the existing MSP to allow for a permanent non -lit sign option for individual tenant spaces located on the ground level. The original MSP (Attachment B) was approved in November of 1993 and has not been updated since. Recent applications for individual signs have demonstrated a need for non -lit tenant signage that is currently not allowed in the MSP. Staff is recommending approval of the Master Sign Program Amendment application subject to the following conditions: 1. Once approved the Applicant will revise the entire Master Sign Program to incorporate the approved changes into a single document. Process All new MSPs as well as amendments to existing MSPS require review and approval by the Planning and Zoning Commission. The original MSP was reviewed and approved by the Planning and Zoning Commission in November of 1993. Property Description The Property is 0.855 acres with frontage on Benchmark Road. The property is relatively flat and the building has signs located on both the north elevation (facing Benchmark Road) and the south elevation (facing the interior parking lot). Policy Analysis The property in question is located within the West Town Center Investment Plan Area which promotes properties facing and engaging the future Main Street. The application will have a positive affect on the main street area by making signage on that side of the building more aesthetically pleasing and potentially resulting in a greater number of signs facing Benchmark Road. Planning Analysis According to the Town of Avon Sign Code, Section 15.28.070, the Planning & Zoning Commission shall consider the following criteria in reviewing this design application: 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. 2. The nature of adjacent and neighboring improvements. 3. The quality of the materials to be utilized in any proposed improvement. 4. The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property. 5. The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be impaired. 6. Whether the type, height, size, and/or quality of signs generally complies with the Sign Code, and are appropriate for the project. 7. Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is appropriate for the determined orientation. The application appears to comply with the intent of each review criteria of the Sign Code. The materials and colors proposed are in conformance with the existing materials and colors of the MSP. The proposed nonAt sign option is a new sign type for the property, but its appearance will mimic that of the lit signs on the ground level. The application should have no negative impacts on neighboring properties and will help to reduce the amount of potential light trespass that the illuminated signs can create. The proposed application will not allow for more signage or new sign locations only an alternative sign type. Engineering Analysis The application will have no impact on the site design, therefore there are no comments from the Engineering Department. Recommendation Staff recommends APPROVAL of this Master Sign Program Amendment application for Lot 1, Avon Town Square Subdivision, subject to the criteria and corresponding findings listed in this report, and with the conditions included in the recommended motion below. Recommended Motion "/ move to approve this Master Sign Program Amendment application for Lot 1, Avon Town Square Subdivision, with the following conditions: 1. Once approve the Applicant will revise the entire Master Sign Program to incorporate the approved changes into a single document. and subject to the FINDING that the design is in conformance with the Town of Avon Comprehensive Plan and the Sign Code (Chapter 15.28 of the AMC).° Exhibits A: Vicinity Map B: Master Sign Program approved in November, 1993 C: Proposed Amendments to the existing Master Sign Program Vicinity Map - Lot 1, ATSQ Exhibit A _TECSIGNS Exhibit COMPREHENSIVE SIGN PROGRAM( I° ^ a t' t AVON TOWN SQUARE la'uh�`L-� `I BENCHMARK RD. NOV 2 3 1993 AVON,COLORADO NOVEMBER, 1993 C0it1M1At1NiTY DEYELOPt1;cNT THE AVON TOWN SQUARE COMPLEX WILL CONSIST OF TWO BUILDINGS HAVING A MIXED USE OF RETAIL AND COMMERCIAL TENANTS. PHASE ONE, A TWO STORY BUILDING, IS COVERED WITHIN THIS SIGN PROPOSAL. THE INTENT IS TO PROVIDE A POSITIVE DEVELOPMENT TO THE COMMERCIAL CORE OF AVON. IN KEEPING WITH THIS GOAL, ALL DESIGNS, MATERIALS, WORKMANSHIP, AND MAINTENANCE ENANCE WILL BE OF A FIRST CLASS NATURE. IN ACCORDANCE WITH THIS INTENT THE COMPREHENSIVE SIGN PROGRAM SHALL: 1. IDENTIFY THE DEVELOPMENT FROM ADJACENT STREETS TO VEHICULAR TRAFFIC. 2. IDENTIFY THE GROUND FLOOR TENANTS AND SERVICES FROM "STREETSIDE" ON THE NORTH AND EAST, AND "MALLSIDE" FROM THE SOUTH AND WEST. 3. IDENTIFY TO PEDESTRIANS AND VEHICULAR TRAFFIC THE SITE CIRCULATION, BUILDING ENTRANCES AND PARKING LOCATIONS. 4. IDENTIFY GROUND FLOOR TENANTS AND GARDEN LEVEL TENANTS AS INDICATED. A GENERAL REQUIREMENTS: 1. ALL TENANTS AND OWNERS WILL SUBMIT TO THE CONDOMINIUM ASSOCIATION DRAWINGS AND SPECIFICATIONS FOR ALL PROPOSED SIGNAGE. WRITTEN APPROVAL IS NEEDED PRIOR TO SUBMISSION TO THE TOWN OF AVON. 2. ALL IvIPROVEMENTS WILL BE MAINTAINED BY THE CONDOMINIUM OWNER, AND UPON VACATING BY A TENANT, THE EXISTING SIGNAGE WILL BE REMOVED AND ALL HOLES AND DISCOLORATION WILL BE PROMPTLY AND PROFESSIONALLY REPAIRED, (BY THE CONDOMINIUM OWNER). THE CONDOMINIUM ASSOCIATION WILL HAVE THE RIGHT TO PERFORM SUCH WORK, IF NOT DONE BY THE CONDOMINIUM OWNER IN A TIMELY OR PROFESSIONAL MANNER, AND LIEN THE PROPERTY FOR ALL COSTS INCURRED. 3. ALL WORKMANSHIP AND SPECIFICATIONS WILL COMPLY WITH ALL APPLICABLE GOVERNMENT REGULATIONS. 4. THE COST OF OBTAINING PERMITS AND APPROVALS WILL BE THAT OF THE CONDOMINIUM OWNER 5. ALL FIRST FLOOR OCCUPANTS ARE REQUIRED TO HAVE SIGNAGE, AND THAT SIGNAGE IS TO BE IN CONFORMITY WITH THE APPROVED SIGN PLAN. HIGHTECHSIGNS P.O. Box 2688 Production Center Aspen & Vail,C081658 910 Nottingham Road Glenwood5prgs. 303.949.4565 Suite S2 303.945.6695 FAX:949.4670 Avon.0081620. — B. SIGNAGE 1. BUILDING IDENTIFICATION THE BUILDING IDENTIFICATION LOCATIONS ARE THE EAST SIDE OF THE TOWER, THE NORTH AND SOUTH SIDES OF THE ENTRY ARCHES, AND ON THE NORTH WEST BUILDING CORNER AS SHOWN IN EXHIBITS 1, 2 AND 3, (LOCATIONS B-1, B-2, B-3 AND B-4). THESE SIGNS SHALL CONSIST OF INTERNALLY ILLUMINATED REVERSE PAN CHANNEL LETTERS FOR THE TOWER, AND PAINTED METAL LETTERS, STUD MOUNTED OVER THE ARCHES, ALL TO BE BLACK IN COLOR THE NORTH, SOUTH AND NORTH WEST LETTERS WILL BE EXTERNALLY ILLUMINATED. SIZES ARE AS INDICATED IN EXHIBITS 4 & 5. 2. FIRST FLOOR TENANT SIGNAGE TENANT IDENTIFICATION WILL BE IN THE AREAS INDICATED ON EXHIBITS 2 AND 3. THESE SIGNS WILL BE REVERSE PAN CHANNEL LETTERS, BLUE IN COLOR (PMS _), AND MAY CONSIST OF TEXT AND LOGOS, WITH THE LOGOS COMPRISING A MAXIMUM OF 35% OF THE ACTUAL SIGNAGE. MAXIMUM HEIGHT SHALL BE 32", AND MAXD" LENGTH SHALL BE 60% OF THE SPACE FRONTAGE. (SEE EXHIBIT 6). MA}dMUM LETTER HEIGHT FOR A SINGLE LINE OF TYPE SHALL BE 200. A MAX IN M OF TWO LINES OF COPY SHALL BE ALLOWED, IN WHICH CASE A MINIMUM HEIGHT SHALL BE 8", AND A MAXIMUM SHALL BE 16" PER LINE. THE TOTAL COPY MAY BE A TOTAL OF 24 "FOR TWO LINES OF COPY (WITHOUT COUNTING SPACE BETWEEN THE LINES). SEE EXHIBIT 6 FOR ADDITIONAL SPECIFICATIONS. THE TEXT PORTION MAY CONSIST OF A BUSINESS NAME AND THE NATURE OF THE BUSINESS. THE BUSINESS NAME SHALL BE 50°/. OF THE SIGN SQUARE FOOTAGE, OR GREATER THE NATURE OF THE BUSINESS PORTION MAY BE H LUMINATED, OR NOT, AT THE OPTION OF THE BUSINESS. IF NOT ILLUMINATED, THE TEXT SHALL BE PAINTED METAL LETTERS, WITH PMS BLUE_, STUD MOUNTED, 1/2" OFF THE WALL. A TENANT WILL HAVE TWO SIGNS (ONE ON THE NORTH AND ONE ON THE SOUTH ELEVATION) IF THEIR SPACE GOES TO EACH ELEVATION. IF A TENANT SPACE IS SUBDIVIDED, THE PROPORTIONAL FRONTAGE OF LINEAL FOOTAGE WILL BE ALLOWED FOR THAT TENANT. (I.E. 50°/. OF THE FRONTAGE WILL PERMIT 50% OF THE SQUARE FOOTAGE, BUT THE 60•/. WIDTH RULE WELL APPLY TO THE REDUCED FRONTAGE.) TYPESTYLES AND LOGOS SHALL BE UP TO TENANT SELECTION, BUT REQUIRE WRITTEN CONDOMINIUM ASSOCIATION APPROVAL IS REQUIRED TO INSURE COMPATIBILITY OF SUCH SIGNAGE WITH THE FIRST CLASS IMAGE THAT THE AVON TOWN SQUARE COMPLEX IS MAINTAINING. IF A GROUND FLOOR BUSINESS OCCUPIES MORE THEN ONE SPACE, THAT TENANT CAN USE THE COMBINED FOOTAGE ALLOWANCE FOR THE SPACE USED. ALL WINDOW SIGNAGE SHALL CONFORM TO THE THEN CURRENT TOWN OF AVON PERMITTED SIGNAGE. COLORS, SIZE AND PLACEMENT SHALL FIRST REQUIRE WRITTEN PERMISSION OF THE CONDOMINIUM ASSOCIATION TO INSURE COMPATIBILITY OF SUCH SIGNAGE WITH THE FIRST CLASS IMAGE THAT THE AVON TOWN SQUARE COMPLEX IS MAINTAINING. 3. GARDEN LEVEL SIGNAGE EACH TENANT ON THE GARDEN LEVEL WILL HAVE A MAXIMUM SIGNAGE ALLOWANCE OF 7.5 SQ FEET, WITH PLACEMENT AS SHOWN IN EXHIBIT 7 THESE SIGNS MAY BE EXTERNALLY ILLUMINATED BY LIGHTING SHOWN IN THIS EXHIBIT. MATERIAL FOR THE SIGN SHALL BE SAND BLASTED REDWOOD OR SIGN FOAM, WITH THE BACKGROUND TO BE TAN COLOR SIMILAR TO THE BUILDING, AND TEXT AND LOGO TO BE BLUE (PMS -). TENANTS CAN UTILIZE ANY COMBINATION OF LOGO AND TEXT WITH THE WRITTEN APPROVAL OF THE CONDOMINIUM ASSOCIATION. IF A GARDEN LEVEL TENANT OCCUPIES MORE THAN ONE SPACE, THEY SHALL BE ALLOWED THE SIGNAGE FOR EACH SPACE IN THAT SPACE'S SIGN AREA SHOWN IN EXHIBIT 3, G-1- G7. 4. SECOND LEVEL TENANTS SECOND LEVEL TENANTS ARE NOT PERMITTED EXTERIOR OR WINDOW SIGNAGE. 5. BUILDING DIRECTORY A TENANT DIRECTORY SHALL BE PLACED IN THE LOCATION SHOWN IN EXHIBIT 8 (BY THE SOUTH BUILDING ENTRANCE). THE PRIMARY PURPOSE SHALL BE TO DIRECT PERSONS TO THE UPPER AND GARDEN LEVEL TENANTS. THE CONDOMINIUM ASSOCIATION SHALL DETERMINE LISTING AND SIZES WITHIN THE PRESCRIBED SIGNAGE AREA. EXHIBIT 9 SHOWS THE DIRECTORY LAYOUT. 6. VEHICULAR ENTRY SIGNAGE A MONUMENT SIGN, AS SHOWN IS EXHBIT 8, WILL BE INSTALLED TO AID IN THE VEHICULAR TRAFFIC FLOW WITHIN THE AVON TOWN SQUARE DEVELOPMENT. EXHIBIT 10 SHOWS LAYOUT OF SIGN. TEXT WILL BE BLACK METAL LETTERS, STUD MOUNTED. 7. TEMPORARY SIGNAGE AFTER APPROVAL OF A PERMANENT SIGN BY THE TOWN OF AVON, THE TENANT CAN UTILIZE A TEMPORARY BANNER THE COLOR SHALL BE A TAN SIMILAR TO THE BUILDING COLOR, THE COPY WILL BE A BLUE SIMILAR TO PMS _ COLOR AND THE COPY SIZE, LAYOUT AND TYPESTYLE SHALL BE SIMILAR TO THAT APPROVED IN THE PERMANENT SIGNAGE. THE TEMPORARY BANNER MAY BE USED FOR A M MAUM OF 60 DAYS DURING THE MANUFACTURING OF THE PERMANENT SIGNAGE. NO OTHER TEMPORARY SIGNS MAY BE USED, INCLUDING SALE SIGNS. 8. CONSTRUCTION AND SALE SIGNAGE THE DEVELOPERS MAY FABRICATE AND INSTALL A 4'X 8' SIGN TO BE PLACED AS SHOWN ON EXHIBIT 8. THE PURPOSE OF THE SIGN IS TO NAME THE PROJECT, THE DEVELOPERS, CONTRACTORS, AND SALES AGENT. ro LLC Exhibit C Slifer, Smith & Framptoi, ewes... Sign Program Amendment Program Amendment Intent: As is the Associations original and current intent we look to maintain a sign program on our building keeping consistent representation for our tenants while keeping a uniform look to the exterior of our building. Our current sign program allows a combination of channel letters and cut out dimensional letters for lit signs. In the case of lit signs, the reverse channel letters specified in our program offer the lighting preferred for our building and wish to maintain this as the standard for any lit signs on our buildings. We are experiencing tenants needs and requests to be allowed non lit signs as an additional option. One of the reasons for this request is our Reverse Channel option for lit signs is one of the more costly mediums in store signs. As our building offers 2 distinct sign location vantage points North and South our tenants incurred costs per side for signs in our program average at about $5000 per side. We are finding that "nature" of some businesses (legal companies, mortgage etc) that a lit sign is not needed for some business marketing needs. The lit sign expense (with -out a non lit sign option) can be cost restrictive in our tenants ability to erect signs effecting our tenants ability to attract/conduct business. We have also had a variety of tenants utilizing our spaces for shorter term leases and these high costs for our shorter term tenants are not cost effective. Keeping our goal and financial necessity of maximizing our occupancy we look to offer a lower priced option to fit the need of our tenants keeping our spaces attractive to current and future tenants. The association is looking at the following amendment: Lead page 1 FIRST FLOOR TENANTS: LIT SIGN OPTION: (this is the same verbiage as existing text in program) FIRST FLOOR TENANTS ARE PERMITTED TWO SIGNS, ONE ON EACH SIDE OF THE BUILD- ING. EACH TO HAVE A MAXIMUM OF 30 SQ. FEET. BUSINESS NAME TO BE REVERSE PAN CHANNEL LETTERS, PMS GREEN #330U WITH SECONDARY COPY EITHER REVERSE PAN CHANNEL LETTERS OR METAL LETTERS, SAME PMSCOLOR, STUD MOUNTED 1/2" OFF THE WALL. AMEND TO ADD: NON -LIT SIGN OPTION: FIRST FLOOR TENANTS ARE PERMITTED TWO SIGNS, ONE ON EACH SIDE OF THE BUILDING. EACH TO HAVE A MAXIMUM OF 30 SQ. FEET. BUSINESS NAME AND SECONDARY COPY TO BE PMS GREEN #330U STUD MOUNTED 1/2" OFF THE WALL References to next page for details in existing program Slifer, Smith & Frampton Center i vv i v It��:.. 1 � �_ Sign Program Amendment & & Graphics ue page 2 B. SIGNAGE SPECIFICATION FIRST FLOOR TENANT SIGNAGE: (bold COPY REPRESENTS CHANGED VERBIAGE TENANT IDENTIFICATION WILL BE IN AREAS INDICATED ON EXHIBITS 2 AND 3. THESE SIGNS (AMEND TO) IN THE LIT SIGN OPTION CONSIST OF REVERSE PAN CHANNEL LET- TERS, GREEN IN COLOR PMS 330U AND MAY CONSIST OF TEXT AND LOGOS WITH THE LO- GOS COMPRISING A MAXIMUM HEIGHT OF 35% OF THE ACTUAL SIGNAGE. MAXIMUM HEIGHT SHALL BE 26" AND MAXIMUM WIDTH SHALL BE 60% OF THE SPACE FRONTAGE. (SEE EXHIBIT 6) MAXIMUM LETTER HEIGHT FOR A SINGLE LINE OF TYPE SHALL BE 20". A MAXIMUM OF TWO LINES OF COPY SHALL BE ALLOWED IN WHICH CASE A MINIMUM HEIGHT SHALL BE 8", AND A MAXIMUM SHALL BE 16" PER LINE. THE TOTAL HEIGHT OF THE TWO SIGNS SHALL NOT BE GREATER THAN 26". THE TEXT PORTION MAY CONSIST OF A BUSINESS NAME AND THE NATURE OF THE BUSI- NESS. THE BUSINESS NAME SHALL BE A MINIMUM 50% OF THE SIGN SQUARE FOOTAGE. NATURE OF THE BUSINESS PORTION MAY BE ILLUMINATED OR NOT, AT THE OPTION THE BUSINESS. IF NOT ILLUMINATED THE TEXT SHALL BE PAINTED METAL LETTERS WITH GREEN PMS330U STUD MOUNTED 112" OFF THE WALL. (AMENDED ADDITION:) NON LIT OPTION TENANT IDENTIFICATION WILL BE IN AREAS INDI- CATED ON EXHIBITS 2 AND 3. THESE SIGNS CONSIST OF DIMENSIONAL CUT OUT LETTERS LETTERS, GREEN IN COLOR PMS 330U AND MAY CONSIST OF TEXT AND LOGOS WITH THE LOGOS COMPRISING A MAXIMUM HEIGHT OF 35% OF THE ACTUAL SIGNAGE. MAXIMUM HEIGHT SHALL BE 26" AND MAXIMUM WIDTH SHALL BE 60% OF THE SPACE FRONTAGE. MAXIMUM LETTER HEIGHT FOR A SINGLE LINE OF TYPE SHALL BE 20". A MAXIMUM OF TWO LINES OF COPY SHALL BE ALLOWED IN WHICH CASE A MINIMUM HEIGHT SHALL BE 8", AND A MAXIMUM SHALL BE 16" PER LINE. THE TOTAL HEIGHT OF THE TWO SIGNS SHALL NOT BE GREATER THAN 26". THE TEXT PORTION MAY CONSIST OF A BUSINESS NAME AND THE NATURE OF THE BUSI- NESS. THE BUSINESS NAME SHALL BE A MINIMUM 50% OF THE SIGN SQUARE FOOTAGE. THE NATURE OF THE BUSINESS PORTION MAY BE ILLUMINATED OR NOT, AT THE OPTION OF THE BUSINESS. IF NOT ILLUMINATED THE TEXT SHALL BE PAINTED METAL LETTERS WITH GREEN PMS330U STUD MOUNTED 1/2" OFF THE WALL. Staff Report - Minor Modification August 3, 2010 Planning & Zoning Commission Report Date Legal Description Zoning Address Prepared By Summary of Request July 30, 2010 Lot 22, Block 2, Wildridge Subdivision Wildridge Planned Unit Development (PUD) 2960 June Creek Trail Jared Barnes, Planner l�3 The applicant, Jason Weingast of Active Energies Inc, representing the property owner, Jeff Jacobs, submitted a Minor Modification application to install solar panels on the roof of a duplex residence located at the property described above. Staff is recommending approval of the Minor Modification application subject to the following conditions: 1. Revise the proposal to ensure that the solar panels are mounted with a rise of not more than two (2) feet above the roof form. Process This application requires the Planning and Zoning Commission to review the proposed modification. Property Description The property is 0.492 acres with frontage on June Creek Trail. The property slopes uphill towards the east with the other half of the duplex to the north. The property contains normal setback and easements found throughout the Wildridge subdivision. Policy Analysis There are no directly applicable policies that govern this application other than the direction provided by recent decisions made by the PZC on this type of application. Planning Analysis There are no current regulations in place regarding solar panel installation, but the Town of Avon and the Planning and Zoning Commission do have the ability to review the placement of solar panels and regulate them to reduce their potential impact on neighboring properties. Staff recommends that the Planning and Zoning Commission (PZC) use the language from their recommended Development Code modification to Town Council as governing language for solar panels. Design Review The current Design Guidelines contain no regulations governing the installation of solar panels on roof tops. Based on recent reviews of solar panels, the PZC has directed staff to reduce the visual impact of solar panels to the maximum extent feasible. With the exception of structures with flat roofs, all other approved solar panels have been "flush mounted". This entails the solar panels paralleling the roof pitch and generally being attached with brackets approximately six (6) inches above the roof. Due to the orientation of the property's roof (east/west) it is impractical to require the applicant to flush mount the solar panels to the roof. However, it is practical to require the applicant to comply with the PZC recommended regulation regarding roof mounted solar panels. The recommended language would require the applicant to modify the application to ensure that no portion of the solar panel is more than two (2) feet above the roof at any point. The solar panel installation will still have to parallel the roof pitch, but it will provide the solar panels greater solar access. Engineering Analysis This application does not affect engineering regulations and guidelines. Recommendation Staff recommends APPROVAL, with conditions, of this Minor Modification application for Lot 22, Block 2, Wildridge Subdivision, subject to the criteria and corresponding findings listed in this report. Recommended Motion "/ move to approve this Minor Modification application for Lot 22, Block 2, Wildridge Subdivision, with the following conditions: 1. Revise the proposal to ensure that the solar panels are mounted with a rise of not more than two (2) feet above the roof form. and subject to the FINDING that the design is in conformance with the Town of Avon Residential Design Guidelines. - Exhibits A: Vicinity Map B: Language from the Recommended Avon Development Code Vicinity Map - Lot 22, Block 2, Wildirdge Exhibit A ® —Residential Streets ➢0 Property Boundaries Exhibit B (i) a All the followin requii (A) Setbac , (t)d locate e fi -way. (2) A sale with all setback comply with Location, and Height ound-mounted solar co fiction system shall not be between the principal ructure and the public right- •ound-mounted . lar collects em shall comply 3Vts for the zop6 district within which it igiecaed. (3) An accessory solar� any residential district shall footprint of thee' strut s. std is lesze of accessory sha not exceed one-half 09 exceed ten (10) feet (B) Solar or six hundred (600) square feet, whichever In mixed-use and non-residential districts Ise footprint of the principal structure. shall not A prope owner who has installed or intenk to install a selar array round -mo ted solar collection s stem sha with othe propert a vicinity for any net sary solar easement ands r the easement in the Eagle County land ret ds. (3) Roof -Mounted Solar Collection System tarp.. a.. •.:,... heating, speee heating. Avon Development Code — PZC Strikethrough Draft July 16, 2010 Page 219 (i) Standards All roof -mounted solar collection systems shall comply with the following requirements: (A) Setbacks, Location, and Height (1) A roof -mounted solar collection system shall not extend more than two (2) feet above a pitched roof or six (6) feet above a flat roof. (2) With the exception of flat roofs, a roof -mounted solar collection system placed on the roof shall mimic the roof pitch it is attached to. (3) A roof -mounted solar collection system may be located on an accessory structure. (4) A development proposed to have a roof -mounted solar collection system located on the roof or attached to a structure, or an application to establish a system on an existing structure, shall provide a structural certification as part of the building permit application. (B) Solar Easements A property owner who has installed or intends to install a roof -mounted solar collection system shall be responsible for negotiating with other property owners in the vicinity for any necessary solar easement and shall record the easement in the Eagle County land records. (4) Small Wind Energy System (i) Definition A "small wind energy system" shall mean a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics that has a rated capacity of not more than one hundred (100) kilowatts (kW) and that is primarily intended to reduce on-site consumption of utility power. (ii) Standards All small wind energy systems shall comply with the following requirements: (A) Setback The base of the tower shall be set back from all property lines, public right-of-ways, and public utility lines a distance equal to the total extended height (e.g., if on a roof, roof height plus tower height) plus five (5) feet. A tower may be allowed closer to a property line than its total extended height if Avon Development Code — PZC Strikethrough Draft July 16, 2010 Page 220