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PZC Packet 0418171 Agenda posted on Friday, April 141, 2017 at the following public places within the Town of Avon: -Avon Municipal Building, Avon Recreation Center, Avon Public Library, Town of Avon Website www.avon.org Please call 970-748-4023 for questions Planning & Zoning Commission Meeting Agenda Tuesday, April 18, 2017 One Lake Street If you require special accommodation please contact us in advance and we will assist you. You may call David McWilliams at 970-748-4023 or email cmcwilliams@avon.org with any special requests I. Call to Order – 5:00pm II. Roll Call III. Additions & Amendments to the Agenda IV. Conflicts of Interest V. Special Review Use –331 Metcalf Road PUBLIC HEARING File: SRU17001 Legal Description: Lot 16/17, Block 1 Benchmark at Beaver Creek Applicant: Anastasia Kunkel Summary: Proposal to allow a small used car dealership in the Avon Business Center. VI. Variance and Minor Development Review –20 Nottingham Road PUBLIC HEARING File: VAR17001 and MNR17010 Legal Description: Lot 67, Block 1 Benchmark at Beaver Creek Applicant: Dominic Mauriello Summary: Proposal to reduce landscape area requirements below the required amount; and build an addition and a new deck on the land. VII. Approval of Meeting Minutes  April 4, 2017 Meeting Minutes VIII. Approval of Record of Decision  Case #SGN17001 and MNR17004 IX. Staff Updates Town Owned Lands update Direction on Comprehensive Plan Zone District reductions. X. Adjourn (1) (2) (3) (4) (5) (6) April 18, 2017 Planning and Zoning Meeting VAR17001 and MNR17010 1 Staff Report – Variance & Minor Development Plan April 18, 2017 Planning & Zoning Commission Meeting Report date April 18, 2017 Project file Case #VAR17001 and #MNR17010 Legal description Lot 67, Block 1 Benchmark at Beaver Creek Address 20 Nottingham Road Zoning Neighborhood Commercial Prepared By David McWilliams, Town Planer Introduction The Applicant, Dominic Mauriello, on behalf of the owners of the Northside Kitchen submitted a variance application (the proposal) to allow a reduction in landscaping area to accommodate a new deck and expansion of the restaurant space on the southern side. The Variance request is being reviewed concurrently with the Minor Development Plan Applicant pursuant to the Development Code. The Applicant is requesting a Variance from Development Code Table § 7.20.- 7, which requires 20% minimum landscaped area in the Neighborhood Commercial zone district. Site History Lot 67 is zoned Neighborhood Commercial. It was developed as a restaurant, and met all applicable Town regulations when built. The 20% landscaping area requirement was met on three sides: the north, west, and south, and measured approximately 20.9% of the lot area. Its siting required a continual interface with the adjacent gas station lot to the east, with no landscape buffer, and a continual drive isle between the two properties. Also unique to the property, roughly 5% of its total area is included as an easement in the road surface of Nottingham Road. Picture demonstrating the property boundary of Lot 67. To the left (west) is Lot 4, owned by the Town. April 18, 2017 Planning and Zoning Meeting VAR17001 and MNR17010 2 In 2012, the property owners petitioned to construct additional parking on an adjacent lot, Lot 4, which is owned by the Town. In this process, landscaping area was lost. Lot 67’s landscaping area was reduced to roughly 17.8% of the lot. The 2012 review did not include accounting of the change in landscaped area. Variance Request The applicant is now requesting a (further) reduction in landscaping from the current 17.8% to 13.8% of total area. This change would accommodate the construction of various improvements on the property, detailed in the Minor Development Review section, below. The application proposes adding Landscape Units (LUs) on Lot 67, Lot 4, and on Town right-of-way at Swift Gulch Road. Exhibit C shows the current landscaping on the properties, and the proposed changes. Below is a table illustrating the changes over the years and the variance proposal. Existing Conditions Original 2010 Northside Project 2012 Parking Addition 2017 Variance Proposed Lot Lot Size Lot Minus Roadway Easement LA Required LA Provided LU Required LU Provided LA Provided LU Provided LA Proposed LU Proposed Lot 67 Percent 100.0% 95.0% 20.0% 20.9% - - 17.8% - 13.8% - Lot 67 Count 22,995 SF 21,855 SF 4,599 SF 4,721 SF 92 155 4,100 SF 153 3,111 SF 161 Lot 4 3,920 - - - - - - 29 - 60 ROW 6,567 - - - - - - 34 - 84 Process The Planning and Zoning Commission (“PZC”) will review the Application and conduct a public hearing on April 18, 2017. After reviewing the Application materials, Staff’s analysis, and considering public input, the PZC will make a final determination with written findings and record of decision. Purpose In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the Development Code as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or traffic conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. Review Criteria The PZC shall use the following review criteria as the basis for a decision on an application for a variance: April 18, 2017 Planning and Zoning Meeting VAR17001 and MNR17010 3 (1)The degree to which relief from the strict or literal interpretation and enforcements of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of the Development Code without grant of special privilege; Staff Response: The degree of relief can be quantified as a 4% total reduction from existing landscaping area, or a 6.8% reduction from current standards. While the Northside property was built since the adoption of the 2010 Development Code adoption, the siting and landscaping regime generally follows the original design and do not contain defined drive isles and landscape buffering from the adjacent gas station property. This contiguous paved area, appropriate for auto-centric uses, limited landscaping area and locations. While the Development Code verbiage has not changed, a new focus on four sided design and engagement with the street edge have emerged. The proposed modifications have an overall positive impact on these grounds. (2)The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety; Staff Response: The proposal will have negligible effects on these factors. Of note is the necessity to move a light pole and a fire hydrant from their current locations. Snow storage and sidewalk snow removal may be more complicated, and is the purview of the applicants to keep clear. The applicant is aware of the need to relocate them, and will work with staff at Avon and the Fire District if the variance is approved. An initial proposal is included in the landscaping plan, Exhibit C, and shows the hydrant to the west and the street light to the east. (3)Such other factors and criteria related to the subject property, proposed development or variance request as the decision-making body deems applicable to the proposed variance. Staff Response: Staff does not foresee other factor or criteria related to the subject property, however, Staff recommends that the Planning Commission discuss whether there are other factors related to this particular property when making findings and a decision on this application. Findings Required According to Section 7.16.110(d) of the Avon Municipal Code, the Planning & Zoning Commission shall make the following written findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; 2. That the granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; 3. That the variance is warranted for one (1) or more of the following reasons: i. The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code; ii. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone; or iii. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the April 18, 2017 Planning and Zoning Meeting VAR17001 and MNR17010 4 same zone district. Staff Response Granting of this variance will not constitute a grant of special privilege inconsistent with the limitations on other properties due to the special site features of this property, as detailed in the next paragraphs. The variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity. Granting this variance will help alleviate extraordinary circumstances applicable to this site that generally does not apply to other properties in the same zone. Few properties have a large portion of their land occupied by a public street, which limits where and how landscaping can fit. This building is set back roughly 24 feet from the property line, which would normally exceed the maximum setback for the Neighborhood Commercial zone district, due to the lot lines. Furthermore, the property is bound by the relationship with the adjoining gas station. While the proposal deviates from an auto-oriented design of the property, the lack of landscaping on the east side presents another extraordinary circumstance that is not avoidable, and does not apply to other properties in the area. Minor Development Plan The proposed addition to the Northside Kitchen would include a new covered deck and a new corner to the southeast corner. This would effectively “square off” the building, and wrap the existing deck on the east around to the south. The proposal adds 114 square feet to the building and the deck adds an additional 652 square feet. The proposed improvements are found in Exhibit C of attached documents. Development Standards Section 7.28.090 addresses development standards, and staff selected applicable standards for the PZC’s review. (c) Generally Applicable Design Standards (3) Building Materials and Colors: (i) The use of high quality, durable building materials is required. Exterior walls shall be finished with materials used in a manner sympathetic to the scale and architectural style of the building. (ii) Preferred materials reflect the Town's sub-alpine character such as native stone, wood siding, masonry or timbers. (iii) Indigenous natural or earth tones, such as brown, tan, grey, green, blue or red, in muted, flat colors with an LRV (Light Reflective Value) of sixty (60) or less are required. Staff Response: The proposed materials are quality, and include elements that adhere to Avon’s character. All colors have a LRV lower than 60. April 18, 2017 Planning and Zoning Meeting VAR17001 and MNR17010 5 (4) Roofs: (i) Pitched roofs, particularly those located over building entrances, shall be oriented such that excessive snow and ice does not accumulate over or drop onto pedestrian walkways, parking areas or drives. Special protection, such as snow fences, shall be required for roofs so oriented. (5) Weather Protection for Pedestrian Areas: (B) Sheltering roofs or building projections for protection from rain, wind, snow and ice shall be provided in areas of pedestrian activity around public/ institutional, commercial and mixed-use buildings, including sheltered entranceways at major entrances and pedestrian-oriented façades along public sidewalks or walkways. Staff Response: The current roof forms will be maintained and the 2:12 deck roof will be extended to the south side. No negative impacts to pedestrians are anticipated. (j) Mixed-Use and Nonresidential Design Standards (4) Building Layout and Design: (i) Building design shall be appropriate to the site and a positive element in the architectural character of Avon. Without prescribing a specific architectural style or organization, buildings should provide a sense of proportion and visual balance. (ii) Four-sided Design. The rear and side elevations of new buildings that are visible from public spaces and adjacent buildings shall be designed with equal care and quality as the front or principal face. If a blank wall cannot be avoided, it shall be detailed, painted or landscaped in a manner that renders the wall attractive to pedestrians. (vii) Storefronts and Pedestrian Entrances (A) The first floor of all new buildings shall provide: a pedestrian-friendly environment, with human-scale and natural building materials; extensive storefront windows for display and views into the business; and access directly from adjacent sidewalks. (F) In order to ensure that building entrances are welcoming to pedestrians, easily identifiable and accessible from streets and sidewalks, primary entries shall be clearly visible from the street and accentuated from the overall building facade by: (1) Differentiated roof, awning or portico; (2) Covered walkways or arcades; (3) Projecting or recessed entries from the surrounding building facade; (4) Detailed doors and doorways with transoms, sidelights, trim details and/or framing; (5) Windows within doorways equivalent in size to fifty percent (50%) of door surface area; and (6) Decorative nighttime lighting where appropriate. Staff Response: The proposal creates a more balanced and accessible building, more properly utilizing the street edge. The design responds well to its location (southern facing deck with a view) and to the greater Avon context. This proposal moves the structure towards a four sided design. It enhances the human-scale of the building and makes the property more inviting to pedestrians. April 18, 2017 Planning and Zoning Meeting VAR17001 and MNR17010 6 Design Review Criteria According to AMC section 7.16.090, The PZC shall apply the following review criteria for the basis of recommendations and decisions on design review: (1) The design relates the development to the character of the surrounding community; (2) The design meets the development and design standards established in the Development Code; and (3) The design reflects the long range goals and design criteria from the Avon Comprehensive Plan and other applicable, adopted plan documents. Staff Response: The proposal meets all applicable review criteria. Recommended Motions and Findings: “I move to Approve Case #VAR17001, an application for a reduction in Landscaping Area on Lot 67 Block 1 Benchmark at Beaver Creek with the findings of fact and conditions as recommended by staff.” Findings 1. The application complies with the review criteria set forth in AMC Sections 7.16.110(c) and the required findings in Section 7.16.110(d) as described below; 2. The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; 3. That the granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; and 4. That the variance is warranted because there are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone, including portions of the lot contained in the roadway, and easements connecting to an adjacent lot with a fully paved automobile environment. Conditions 1. All proposed landscaping on Town of Avon Right of Way or Lot 4 will be subject to a maintenance agreement, to be approved by staff; and 2. A Sign Program Amendment may be necessary due to the building and landscaping changes. “I move to Approve Case #MNR17010, an application for a building addition and a deck addition to Lot 67 Block 1 Benchmark at Beaver Creek with the findings of fact and conditions as recommended by staff.” Findings 1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review; 3. The design meets the development and design standards established in the Avon April 18, 2017 Planning and Zoning Meeting VAR17001 and MNR17010 7 Development Code; 4. The design relates the development to the character of the surrounding community; and 5. The design reflects the long range goals and design criteria of the Avon Comprehensive Plan. Exhibits A. Design and Variance Narrative B. Site Plan from 2012 Lot 4 Proposal C. Proposed Landscaping Plan D. Architectural Drawings of Proposal Exhibit A: Design and Variance Narrative Quantity Symbol Description SIze Landscape Units 5 Evergreen 10-12 ft.40 17 Shrub 5 gal.17 9 Aspen Existing NA All disturbed areas will be reseeded with a native grass mix Exhibit B. Site Plan from 2012 Lot 4 Proposal x x x xx xx DateJob NumberNORTHSIDE CAFE REMODEL1701LOT 67, BLOCK 1,HOPKINS ARCHITECTURE, LLCP.O. BOX 3333Vail, Colorado 81658970-376-6469COPYRIGHT - ALL RIGHTS RESERVED.THIS DESIGN, INCLUDING ALL DRAWINGS, HASBEEN PREPARED FOR THE SPECIFIC CLIENT ANDSITE AND AS SUCH ARE THE INSTRUMENTS OFPROFESSIONALLY CONTRACTED SERVICES FORUSE SOLELY WITH RESPECT TO THIS PROJECT.THIS DESIGN REMAINS THE INTELLECTUALPROPERTY OF THE ARCHITECT:SNOWDON AND HOPKINS, ARCHITECTS, P.C.ANY REPRODUCTION OR USE OF THESEDRAWINGS FOR DISTRIBUTION, INCLUSION,EVALUATION OR CONSTRUCTION REGARDINGANY OTHER SITE, OR DESIGN, IS STRICTLYPROHIBITED WITHOUT PRIOR AND EXPRESSEDWRITTEN CONSENT AND PERMISSION OF THEARCHITECT.INASMUCH AS THE REMODELING AND/OR REHABILITATION OF THEEXISTING STRUCTURE REQUIRES THAT CERTAIN ASSUMPTIONS BEMADE BY THE ARCHITECT REGARDING EXISTING CONDITIONS, ANDBECAUSE SOME OF THESE ASSUMPTIONS MAY NOT BE VERIFIABLEWITHOUT THE OWNER'S EXPENDING SUBSTANTIAL SUMS OFMONEY OR DESTROYING OTHERWISE ADEQUATE OR SERVICEABLEPORTIONS OF THE STRUCTURE, THE OWNER AGREES, TO THEFULLEST EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLDHARMLESS THE ARCHITECT, ITS OFFICERS, DIRECTORS, OWNERS,EMPLOYEES, SUB-CONSULTANTS, SUCCESSORS AND ASSIGNSFROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES,CAUSES OF ACTION, DAMAGES, LIABILITIES OR COSTS, INCLUDINGREASONABLE ATTORNEYS' FEES AND DEFENSE COSTS, WHICH ANYOF THE FOREGOING PARTIES MAY INCUR ARISING OUT OF OR INANY WAY CONNECTED WITH THIS PROJECT, EXCEPTING ONLYTHOSE DAMAGES, LIABILITIES OR COSTS ATTRIBUTABLE SOLELY TOTHE RECKLESSNESS OR WILLFUL MISCONDUCT BY THE ARCHITECT.20 NOTTINGHAM ROADAVON, COLORADOBENCHMARK AT BEAVER CREEK4/18/2017TOA Variance Application 0'10'20'30' A 1 PROPSED SITE C. Proposed Landscaping Plan DateJob NumberNORTHSIDE CAFE REMODEL1701LOT 67, BLOCK 1,HOPKINS ARCHITECTURE, LLCP.O. BOX 3333Vail, Colorado 81658970-376-6469COPYRIGHT - ALL RIGHTS RESERVED.THIS DESIGN, INCLUDING ALL DRAWINGS, HASBEEN PREPARED FOR THE SPECIFIC CLIENT ANDSITE AND AS SUCH ARE THE INSTRUMENTS OFPROFESSIONALLY CONTRACTED SERVICES FORUSE SOLELY WITH RESPECT TO THIS PROJECT.THIS DESIGN REMAINS THE INTELLECTUALPROPERTY OF THE ARCHITECT:SNOWDON AND HOPKINS, ARCHITECTS, P.C.ANY REPRODUCTION OR USE OF THESEDRAWINGS FOR DISTRIBUTION, INCLUSION,EVALUATION OR CONSTRUCTION REGARDINGANY OTHER SITE, OR DESIGN, IS STRICTLYPROHIBITED WITHOUT PRIOR AND EXPRESSEDWRITTEN CONSENT AND PERMISSION OF THEARCHITECT.INASMUCH AS THE REMODELING AND/OR REHABILITATION OF THEEXISTING STRUCTURE REQUIRES THAT CERTAIN ASSUMPTIONS BEMADE BY THE ARCHITECT REGARDING EXISTING CONDITIONS, ANDBECAUSE SOME OF THESE ASSUMPTIONS MAY NOT BE VERIFIABLEWITHOUT THE OWNER'S EXPENDING SUBSTANTIAL SUMS OFMONEY OR DESTROYING OTHERWISE ADEQUATE OR SERVICEABLEPORTIONS OF THE STRUCTURE, THE OWNER AGREES, TO THEFULLEST EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLDHARMLESS THE ARCHITECT, ITS OFFICERS, DIRECTORS, OWNERS,EMPLOYEES, SUB-CONSULTANTS, SUCCESSORS AND ASSIGNSFROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES,CAUSES OF ACTION, DAMAGES, LIABILITIES OR COSTS, INCLUDINGREASONABLE ATTORNEYS' FEES AND DEFENSE COSTS, WHICH ANYOF THE FOREGOING PARTIES MAY INCUR ARISING OUT OF OR INANY WAY CONNECTED WITH THIS PROJECT, EXCEPTING ONLYTHOSE DAMAGES, LIABILITIES OR COSTS ATTRIBUTABLE SOLELY TOTHE RECKLESSNESS OR WILLFUL MISCONDUCT BY THE ARCHITECT.4/03/2017TOA Variance Application20 NOTTINGHAM ROADAVON, COLORADO NOT FOR CONSTRUCTION BENCHMARK AT BEAVER CREEK A 0 D. Architectural Drawings of Proposal x x x DateJobNumberNORTHSIDECAFEREMODEL1701LOT67,BLOCK1,HOPKINSARCHITECTURE,LLCP.O.BOX3333Vail,Colorado81658970-376-6469COPYRIGHT-ALLRIGHTSRESERVED.THISDESIGN,INCLUDINGALLDRAWINGS,HASBEENPREPAREDFORTHESPECIFICCLIENTANDSITEANDASSUCHARETHEINSTRUMENTSOFPROFESSIONALLYCONTRACTEDSERVICESFORUSESOLELYWITHRESPECTTOTHISPROJECT.THISDESIGNREMAINSTHEINTELLECTUALPROPERTYOFTHEARCHITECT:SNOWDONANDHOPKINS,ARCHITECTS,P.C.ANYREPRODUCTIONORUSEOFTHESEDRAWINGSFORDISTRIBUTION,INCLUSION,EVALUATIONORCONSTRUCTIONREGARDINGANYOTHERSITE,ORDESIGN,ISSTRICTLYPROHIBITEDWITHOUTPRIORANDEXPRESSEDWRITTENCONSENTANDPERMISSIONOFTHEARCHITECT.INASMUCHASTHEREMODELINGAND/ORREHABILITATIONOFTHEEXISTINGSTRUCTUREREQUIRESTHATCERTAINASSUMPTIONSBEMADEBYTHEARCHITECTREGARDINGEXISTINGCONDITIONS,ANDBECAUSESOMEOFTHESEASSUMPTIONSMAYNOTBEVERIFIABLEWITHOUTTHEOWNER'SEXPENDINGSUBSTANTIALSUMSOFMONEYORDESTROYINGOTHERWISEADEQUATEORSERVICEABLEPORTIONSOFTHESTRUCTURE,THEOWNERAGREES,TOTHEFULLESTEXTENTPERMITTEDBYLAW,TOINDEMNIFYANDHOLDHARMLESSTHEARCHITECT,ITSOFFICERS,DIRECTORS,OWNERS,EMPLOYEES,SUB-CONSULTANTS,SUCCESSORSANDASSIGNSFROMANDAGAINSTANYANDALLCLAIMS,DEMANDS,LOSSES,CAUSESOFACTION,DAMAGES,LIABILITIESORCOSTS,INCLUDINGREASONABLEATTORNEYS'FEESANDDEFENSECOSTS,WHICHANYOFTHEFOREGOINGPARTIESMAYINCURARISINGOUTOFORINANYWAYCONNECTEDWITHTHISPROJECT,EXCEPTINGONLYTHOSEDAMAGES,LIABILITIESORCOSTSATTRIBUTABLESOLELYTOTHERECKLESSNESSORWILLFULMISCONDUCTBYTHEARCHITECT.4/03/2017TOAVarianceApplication20NOTTINGHAMROADAVON,COLORADONOT FOR CONSTRUCTION BENCHMARKATBEAVERCREEK0'10'20'30' A 1 PROPSED SITE DateJobNumberNORTHSIDECAFEREMODEL1701LOT67,BLOCK1,HOPKINSARCHITECTURE,LLCP.O.BOX3333Vail,Colorado81658970-376-6469COPYRIGHT-ALLRIGHTSRESERVED.THISDESIGN,INCLUDINGALLDRAWINGS,HASBEENPREPAREDFORTHESPECIFICCLIENTANDSITEANDASSUCHARETHEINSTRUMENTSOFPROFESSIONALLYCONTRACTEDSERVICESFORUSESOLELYWITHRESPECTTOTHISPROJECT.THISDESIGNREMAINSTHEINTELLECTUALPROPERTYOFTHEARCHITECT:SNOWDONANDHOPKINS,ARCHITECTS,P.C.ANYREPRODUCTIONORUSEOFTHESEDRAWINGSFORDISTRIBUTION,INCLUSION,EVALUATIONORCONSTRUCTIONREGARDINGANYOTHERSITE,ORDESIGN,ISSTRICTLYPROHIBITEDWITHOUTPRIORANDEXPRESSEDWRITTENCONSENTANDPERMISSIONOFTHEARCHITECT.INASMUCHASTHEREMODELINGAND/ORREHABILITATIONOFTHEEXISTINGSTRUCTUREREQUIRESTHATCERTAINASSUMPTIONSBEMADEBYTHEARCHITECTREGARDINGEXISTINGCONDITIONS,ANDBECAUSESOMEOFTHESEASSUMPTIONSMAYNOTBEVERIFIABLEWITHOUTTHEOWNER'SEXPENDINGSUBSTANTIALSUMSOFMONEYORDESTROYINGOTHERWISEADEQUATEORSERVICEABLEPORTIONSOFTHESTRUCTURE,THEOWNERAGREES,TOTHEFULLESTEXTENTPERMITTEDBYLAW,TOINDEMNIFYANDHOLDHARMLESSTHEARCHITECT,ITSOFFICERS,DIRECTORS,OWNERS,EMPLOYEES,SUB-CONSULTANTS,SUCCESSORSANDASSIGNSFROMANDAGAINSTANYANDALLCLAIMS,DEMANDS,LOSSES,CAUSESOFACTION,DAMAGES,LIABILITIESORCOSTS,INCLUDINGREASONABLEATTORNEYS'FEESANDDEFENSECOSTS,WHICHANYOFTHEFOREGOINGPARTIESMAYINCURARISINGOUTOFORINANYWAYCONNECTEDWITHTHISPROJECT,EXCEPTINGONLYTHOSEDAMAGES,LIABILITIESORCOSTSATTRIBUTABLESOLELYTOTHERECKLESSNESSORWILLFULMISCONDUCTBYTHEARCHITECT.20NOTTINGHAMROADAVON,COLORADONOT FOR CONSTRUCTION BENCHMARKATBEAVERCREEK4/03/2017TOAVarianceApplicationA 2 PROPOSED PLAN A 3 PROPOSED ELEVATIONSDateJobNumberNORTHSIDECAFEREMODEL1701LOT67,BLOCK1,HOPKINSARCHITECTURE,LLCP.O.BOX3333Vail,Colorado81658970-376-6469COPYRIGHT-ALLRIGHTSRESERVED.THISDESIGN,INCLUDINGALLDRAWINGS,HASBEENPREPAREDFORTHESPECIFICCLIENTANDSITEANDASSUCHARETHEINSTRUMENTSOFPROFESSIONALLYCONTRACTEDSERVICESFORUSESOLELYWITHRESPECTTOTHISPROJECT.THISDESIGNREMAINSTHEINTELLECTUALPROPERTYOFTHEARCHITECT:SNOWDONANDHOPKINS,ARCHITECTS,P.C.ANYREPRODUCTIONORUSEOFTHESEDRAWINGSFORDISTRIBUTION,INCLUSION,EVALUATIONORCONSTRUCTIONREGARDINGANYOTHERSITE,ORDESIGN,ISSTRICTLYPROHIBITEDWITHOUTPRIORANDEXPRESSEDWRITTENCONSENTANDPERMISSIONOFTHEARCHITECT.INASMUCHASTHEREMODELINGAND/ORREHABILITATIONOFTHEEXISTINGSTRUCTUREREQUIRESTHATCERTAINASSUMPTIONSBEMADEBYTHEARCHITECTREGARDINGEXISTINGCONDITIONS,ANDBECAUSESOMEOFTHESEASSUMPTIONSMAYNOTBEVERIFIABLEWITHOUTTHEOWNER'SEXPENDINGSUBSTANTIALSUMSOFMONEYORDESTROYINGOTHERWISEADEQUATEORSERVICEABLEPORTIONSOFTHESTRUCTURE,THEOWNERAGREES,TOTHEFULLESTEXTENTPERMITTEDBYLAW,TOINDEMNIFYANDHOLDHARMLESSTHEARCHITECT,ITSOFFICERS,DIRECTORS,OWNERS,EMPLOYEES,SUB-CONSULTANTS,SUCCESSORSANDASSIGNSFROMANDAGAINSTANYANDALLCLAIMS,DEMANDS,LOSSES,CAUSESOFACTION,DAMAGES,LIABILITIESORCOSTS,INCLUDINGREASONABLEATTORNEYS'FEESANDDEFENSECOSTS,WHICHANYOFTHEFOREGOINGPARTIESMAYINCURARISINGOUTOFORINANYWAYCONNECTEDWITHTHISPROJECT,EXCEPTINGONLYTHOSEDAMAGES,LIABILITIESORCOSTSATTRIBUTABLESOLELYTOTHERECKLESSNESSORWILLFULMISCONDUCTBYTHEARCHITECT.4/03/2017TOAVarianceApplication20NOTTINGHAMROADAVON,COLORADONOT FOR CONSTRUCTION BENCHMARKATBEAVERCREEK DateJobNumberNORTHSIDECAFEREMODEL1701LOT67,BLOCK1,HOPKINSARCHITECTURE,LLCP.O.BOX3333Vail,Colorado81658970-376-6469COPYRIGHT-ALLRIGHTSRESERVED.THISDESIGN,INCLUDINGALLDRAWINGS,HASBEENPREPAREDFORTHESPECIFICCLIENTANDSITEANDASSUCHARETHEINSTRUMENTSOFPROFESSIONALLYCONTRACTEDSERVICESFORUSESOLELYWITHRESPECTTOTHISPROJECT.THISDESIGNREMAINSTHEINTELLECTUALPROPERTYOFTHEARCHITECT:SNOWDONANDHOPKINS,ARCHITECTS,P.C.ANYREPRODUCTIONORUSEOFTHESEDRAWINGSFORDISTRIBUTION,INCLUSION,EVALUATIONORCONSTRUCTIONREGARDINGANYOTHERSITE,ORDESIGN,ISSTRICTLYPROHIBITEDWITHOUTPRIORANDEXPRESSEDWRITTENCONSENTANDPERMISSIONOFTHEARCHITECT.INASMUCHASTHEREMODELINGAND/ORREHABILITATIONOFTHEEXISTINGSTRUCTUREREQUIRESTHATCERTAINASSUMPTIONSBEMADEBYTHEARCHITECTREGARDINGEXISTINGCONDITIONS,ANDBECAUSESOMEOFTHESEASSUMPTIONSMAYNOTBEVERIFIABLEWITHOUTTHEOWNER'SEXPENDINGSUBSTANTIALSUMSOFMONEYORDESTROYINGOTHERWISEADEQUATEORSERVICEABLEPORTIONSOFTHESTRUCTURE,THEOWNERAGREES,TOTHEFULLESTEXTENTPERMITTEDBYLAW,TOINDEMNIFYANDHOLDHARMLESSTHEARCHITECT,ITSOFFICERS,DIRECTORS,OWNERS,EMPLOYEES,SUB-CONSULTANTS,SUCCESSORSANDASSIGNSFROMANDAGAINSTANYANDALLCLAIMS,DEMANDS,LOSSES,CAUSESOFACTION,DAMAGES,LIABILITIESORCOSTS,INCLUDINGREASONABLEATTORNEYS'FEESANDDEFENSECOSTS,WHICHANYOFTHEFOREGOINGPARTIESMAYINCURARISINGOUTOFORINANYWAYCONNECTEDWITHTHISPROJECT,EXCEPTINGONLYTHOSEDAMAGES,LIABILITIESORCOSTSATTRIBUTABLESOLELYTOTHERECKLESSNESSORWILLFULMISCONDUCTBYTHEARCHITECT.4/03/2017TOAVarianceApplication20NOTTINGHAMROADAVON,COLORADONOT FOR CONSTRUCTION BENCHMARKATBEAVERCREEKA 4 PROPOSED ELEVATIONS 1 Planning & Zoning Commission Meeting Minutes Tuesday, April 4, 2017 I. Call to Order The meeting was called to order at 5:03 pm. II. Roll Call All commissioners were present. III. Additions & Amendments to the Agenda There were no additions or amendments. IV. Conflicts of Interest No conflicts of interest were disclosed. V. Sign Program Amendment and Minor Development Application- 15 Hurd Lane File: SGN17001 and MNR17004 Legal Description: Lot 1/2, Nottingham Station Subdivision Applicant: Robin Oldershaw and Bob Van Pelt Summary: Proposed Sign Program Amendment and exterior modifications for Burger King. Action: Commissioner Minervini motioned to approve the proposed Sign Program Amendment with the following findings and conditions: Finding 1. The Application was reviewed in conformance with Section 15.28, Sign Code, and found to be in general conformance with the design review criteria outlined in Section 15.28.070, Avon Municipal Code. Conditions 1. Parking light and signage lights be turned off after hours when all employees leave the premises. 2. The square footage of installed signs will be less than 197 square feet. 3. The revised square footages will be submitted to staff for their review and approval. 4. The “Flame Grilling since 1954” sign is approved to be lighted. Commissioner Howell seconded the motion and the motion passed unanimously. Action: Commissioner Barnes motioned to approve the proposed Minor Development Plan with the following findings and conditions: Findings 1. The proposed Minor Development Plan is compliant with the standards in 7.16.080, Development Plan, and 7.16.090, Design Review; 2. The application is generally compliant with the Design Standards listed in the municipal code; and 3. The loss in compatible elements from the adjacent building are do not constitute a total loss of the architectural theme, and represent a positive improvement for the Town. Condition 1. A Lighting Plan compliant with the Avon Municipal Code will be approved by staff prior to the issuing of any exterior modification permit. This will include proof that the parapet lighting is compliant. 2 VI. Comprehensive Plan Update– PUBLIC HEARING File: CPA17001 Legal Description: Town of Avon Applicant: Town of Avon Summary: The final draft of the updated Comprehensive Plan to Town Council was presented to PZC. PZC made a few suggestions on formatting and grammar. Action: Commissioner Minervini motioned to approve the resolution recommending approval of amendments to the Avon Comprehensive Plan. Commissioner Bonidy seconded the motion and the motion passed unanimously. VII. Approval of Meeting Minutes  March 21, 2017 Meeting Minutes Action: Commissioner Hardy motioned to approve the meeting minutes. Commissioner Bonidy seconded the motion, and the motion passed unanimously. VIII. Approval of Record of Decision  Case #MNR16035 Cell Array  Case #AEC17001 and #MJR17001 Single Family house on Long Sun Lane Action: Commissioner Minervini motioned to approve the meeting minutes. Commissioner Bonidy seconded the motion, and the motion passed unanimously. IX. Staff Updates Staff updated the process of the Town Owned Lands planning process and talked about the transition between PZC terms in the coming weeks. X. Adjourn The meeting was adjourned at 7:10 pm. Approved this 18th Day of April, 2017 SIGNED: ___________________________________________ Jim Clancy, Chairperson PZC Findings of Fact and Record of Decision: SGN17001 and MNR17004 Page 1 of 1 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE: April 18, 2017 TYPE OF APPLICATION: Sign Code Amendment and Minor Development Plan FILE NUMBERS: #SGN17001 and #MNR17004 PROPERTY LOCATION: Lot 1 Nottingham Station Subdivision ADDRESS: 15 Hurd Lane APPLICANT: Robin Oldershaw OWNER: Mt. King Enterprises, Inc. These findings of fact and record of decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.020(f): CASE #SGN17001 DECISION: Approved with a 7-0 vote. FINDING: 1. The Application was reviewed in conformance with Section 15.28, Sign Code, and found to be in general conformance with the design review criteria outlined in Section 15.28.070, Avon Municipal Code. CONDITIONS: 1. Parking light and signage lights be turned off after hours when all employees leave the premises. 2. The square footage of installed signs will be less than 197 square feet. 3. The revised square footages will be submitted to staff for their review and approval. 4. The “Flame Grilling since 1954” sign is approved to be lighted. CASE# MNR17004 DECISION: Approved with a 7-0 vote FINDINGS: 1. The proposed Minor Development Plan is compliant with the standards in 7.16.080, Development Plan, and 7.16.090, Design Review; 2. The application is generally compliant with the Design Standards listed in the municipal code; and 3. The loss in compatible elements from the adjacent building are do not constitute a total loss of the architectural theme, and represent a positive improvement for the Town. CONDITION 1. A Lighting Plan compliant with the Avon Municipal Code will be approved by staff prior to the issuing of any exterior modification permit. This will include proof that the parapet lighting is compliant. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ PZC Chairperson