PZC Packet 071817
Planning & Zoning Commission
Meeting Agenda
Tuesday, July 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. Minor Development Application and Alternative Equivalent Compliance - 2137 Long Spur Unit A - PUBLIC
HEARING
File: MNR 17020 and AEC17003
Applicant: Amy Greer
Legal Description: Lot 39, Block 1 Wildridge
Summary: Proposed construction of a garage addition to the front of the house.
VI. Special Review - Use 77 Metcalf Road #102 - PUBLIC HEARING
File: SRU10001
Applicant: Mountain Montessori
Legal Description: Lot 22, Block 1 Benchmark at Beaver Creek
Summary: Request to extend Special Review Use Permit for Montessori school use into
perpetuity.
VII. Rezoning - 510 Nottingham Road Unit C - PUBLIC HEARING
File: REZ17001
Applicant: Elizabeth Gross
Legal Description: Lot 44, Block 1 Benchmark at Beaver Creek
Summary: Request to rezone for inclusion within the Short Term Overlay.
VIII. Minor Development Plan – Landscaping Modifications - PUBLIC HEARING
File: MNR17021
Legal Description: Lot 7 Western Sage Subdivision
Applicant: Buz Reynolds
Summary: Proposal to modify planted tree location, and retaining wall design (as constructed).
IX. Minor Development Plan - 998 W Beaver Creek Boulevard - PUBLIC HEARING
File: MNR17026
Applicant: Bill Nutkins
Legal Description: Lot 9-14 Block 3 Benchmark at Beaver Creek
Summary: Addition of accessory garages to the property.
1 Agenda posted on Friday, July 14, 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.
X. Approval of Meeting Minutes
• June 20, 2017 Meeting Minutes
XI. Approval of Record of Decision
• MNR17017 – Beaver Creek Blvd Streetscape
XII. Staff Approvals
• MNR17024 – Minor Development Plan for 2805 Shepherd Ridge.
Summary: Approval to add additional windows to the exterior of the house.
• MNR17028 – Minor Development Plan for 5730 Wildridge Road.
Summary: Approval to change house and modify exterior door to include a window.
XIII. Adjourn
2 Agenda posted on Friday, July 14, 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.
Page I 1 July 18, 2017 Planning and Zoning Commission Meeting
2137 Long Spur Unit A Garage Application Lot 39 Block 1, Wildridge Subdivision
Staff Report - Minor Development Plan & Alternative Equivalent
Compliance Public Hearing
July 18, 2017 Planning & Zoning Commission Meeting
Project type
Minor Development Plan and Alternative Equivalent Compliance
Public Hearing Required
Legal Description Lot 39, Block 1, Wildridge Subdivision
Zoning Planned Unit Development (PUD)
Address 2137 Long Spur Unit A
Prepared By David McWilliams, Town Planner
Staff Report Overview
This staff report contains two applications for consideration by the PZC:
1. Minor Development Plan with Design Review for a proposed garage in Wildridge.
2. Alternative Equivalent Compliance for Garage Location and Roof Overhangs.
Summary of Request
Amy Greer (the Applicant) proposes a garage addition on to her side of a duplex . The two car
garage will be 589 square feet. The colors and materials are proposed to be of a similar nature to the
existing house. Corten siding will be used as a wainscot and cedar board will be above. The cedar
fascia and asphalt roof shingles will match the existing.
While the garage itself falls under the Minor Design Review process, its location (in front of the
main house) and design (without roof overhangs) precludes staff-level review due to its deviation
from the Avon Municipal Code. Because the house is angled to the street, the proposed garage will
be also angled off of the street and will block visibility of the main door to the house.
Property Description
Lot 39 totals .4 acres on Long Spur, and the Applicant’s property is .193 acres. The duplex is one of
the first houses in Wildridge and stands out as an example of architecture no longer in favor in the
area. The Applicant has stated that the proposed improvements would m ake the house more
attractive and provide for an improved living arrangement within the house.
Page I 2 July 18, 2017 Planning and Zoning Commission Meeting
2137 Long Spur Unit A Garage Application Lot 39 Block 1, Wildridge Subdivision
Aerial View of 2137 Long Spur and adjacent properties.
Public Notice
Notice of the public hearing was published in the July 3 edition of the Vail Daily in accordance
with Sec. 7.16.020(d) of the Avon Development Code. Mailed notice is not required for this
application type.
Review Procedures
7.16.80 Development Plan
The purpose of the Development Plan review process is to ensure compliance with the development
and design standards and provisions of this Development Code. It is designed to encourage quality
development reflective of the goals, policies and objectives of the Comprehensive Plan.
7.16.90 Design Review
The purpose of the design review process is to ensure compliance with the development and design
standards of the Development Code prior to the issuance of a building permit or concurrent with
other required permits and to encourage quality development reflective of the goals and objectives
of the Avon Comprehensive Plan.
Planning Analysis
Lot Coverage, Setback and Easements: The applicant is proposing a total of 589 square feet
garage. The impervious coverage will diminish compared to the current due to removal of driveway
surface between the garage and the house. This complies with the maximum fifty percent (50%,
or 8,407 square feet) allowed by zoning. The proposed addition is in compliance with the
property setbacks and easements.
Lot 39 Setbacks:
25-foot front yard
10-foot side
10-foot rear
Page I 3 July 18, 2017 Planning and Zoning Commission Meeting
2137 Long Spur Unit A Garage Application Lot 39 Block 1, Wildridge Subdivision
Building Height: The maximum building height permitted for this property is thirty-five (35) feet.
The applicant is proposing a maximum building height of eighteen (18) feet according to the
development plans.
Parking: The parking requirement is three (3) parking spaces per unit for units over 2,500 square
feet. The Applicant is proposing two (2) garage spaces and up to two (2) driveway spaces.
Outdoor Lighting: The Applicant is proposing to use dark sky compliant lighting fixtures
exclusively for outdoor applications which will be compliant with Municipal Code.
Snow Storage: The total driveway area for Unit A is 1,091 square feet, requiring a minimum of 218
square feet of snow storage. The Applicant is proposing 235 square feet of snow storage for the area.
The snow storage area gives the farthest south garage space ten (10) feet of back-up space.
Design Standards Analysis
Landscaping: The plan proposes a 410 square foot landscaped area tucked between the front door
and the proposed garage. This area is currently paved, and will be planted with ground cover that
does not need permanent irrigation.
Irrigation: The application does not propose any permanent irrigation changes.
Building Design, Building Materials and Colors: The primary exterior building materials and
colors being proposed are in compliance with Sec. 7.28.090(d) Generally applicable Residential
Design Standards and 7.28.090(e) Design Standards for the Wildridge Subdivision and
determined to be compliant with all applicable design standards. All materials are of high quality
and compliment Avon’s built landscape. The garage design requires an AEC to approve the roof
overhang and the garage location, discussed later in this report.
Roof Material and Pitch: The roof material and pitch were reviewed for compliance with Sec.
7.28.090(d)(3) Roofs. The applicant is proposing a 4/12 roof pitch. The overhang is discussed
later in this report.
Design Standards for the Wildridge Subdivision:
This section of the Avon Development Code is included for PZC review of the Wildridge - specific
design standards to determine whether the application meets the intent and requirements of the code.
Some design standards are requirements where the word "shall" is used and other design standards
are guidelines where the word "should" is used.
Intent: (i) To preserve and enhance the aesthetic qualities of the natural hillsides by
designing projects which relate to the slope of the land and minimize the amount of project
grading; and
(ii) To promote development which is visually compatible with the natural topography of the
surrounding area.
Building Design: Buildings shall have street-facing architectural details and elements which
provide a human scale to the facade. Flat, monotonous facades shall be avoided.
A. The design of a structure shall create variety and interest along the street
elevation. A significant alteration of the massing and composition (not just the
Page I 4 July 18, 2017 Planning and Zoning Commission Meeting
2137 Long Spur Unit A Garage Application Lot 39 Block 1, Wildridge Subdivision
exterior colors and materials) of each house or each townhouse or duplex unit must
be accomplished.
B. The use of architectural features that increase visual prominence should be
avoided. Massive, tall elements, such as two-story entries, turrets and large
chimneys, should be avoided. Such elements on the downhill face of the structure
are of particular concern.
Staff Response: The garage proposal brings a significant point of massing closer to the street. This
is achieved with a relatively abrupt and prominent element. PZC should consider whether or not
the massing and prominence along the street elevation is an acceptable aesthetic.
Minor Development Plan & Design Review - Review Criteria
§ 7.16.080(f), Development Plan
1. Evidence of substantial compliance with the purpose of the Development Code as
specified in §7.04.030, Purposes;
Staff Response: The Application is in compliance with the applicable purposes outlined in
the Development Code. It particularly addresses Purpose (g) which states in part, “Prevent
the inefficient use of land.”
Evidence of substantial compliance with §7.16.090, Design Review;
Staff Response: This Development Plan application is compliant with the Design
Review criteria of the Development Code. Specific deviations from the Development
Code are included for Alternative Equivalence Compliance review. The Design Review
section seeks quality development and structures that are visually harmonious with their
site and surrounding vicinity. Conformance with this code section is discussed below in
response to the Design Review criteria.
2. Consistency with the Avon Comprehensive Plan;
Staff Response: The site is located in the Northern Residential District which includes
principles that encourage structures be compatible with one another and in harmony with
the natural surroundings. This Application proposes materials, colors, design and
landscaping that are consistent with the Goals and Policies contained in the
Comprehensive Plan.
4. Consistency with any previously approved and not revoked subdivision plat, planned
development, or any other precedent plan or land use approval for the property as
applicable;
Staff Response: The application is in conformance with the accompanying requirements of
the PUD zoning.
5. Compliance with all applicable development and design standards set forth in this
Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and
Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development
Standards; and
Staff Response: In addition to the above-referenced provisions of the Development Code,
the Property is subject to the Wildridge PUD standards. The analysis contained in this
staff report addresses applicable Development Code and Wildridge PUD standards.
Page I 5 July 18, 2017 Planning and Zoning Commission Meeting
2137 Long Spur Unit A Garage Application Lot 39 Block 1, Wildridge Subdivision
6. That the development can be adequately served by city services including but not
limited to roads, water, wastewater, fire protection, and emergency medical services.
Staff Response: The Applicant has demonstrated that the proposed development can be
served by all Town and special district services.
§ 7.16.090(f), Design Review
The design relates the development to the character of the surrounding community; or,
where redevelopment is anticipated, relates the development to the character of Avon
as a whole;
Staff Response: The proposed architecture, materials, color palette and landscape is
generally related in character to other homes in the neighborhood which feature wood
and stucco siding, stone wainscot, and earth tone colors. Many houses in the area have
garages that approach the level of dominant architectural feature. While this
application physically permits the addition of a garage on the other side of the duplex
in the future , it does not necessarily provide a functionin g architectural framework to
do so in a desirable way. The PZC should carefully weigh the significance of
approving a garage addition on one side without taking the holistic design constraints
into mind.
The design meets the development and design standards established in this
Development Code; and
Staff Response: The design is either compliant with the development and design standards
contained in the Development Code, or seeks an Alternative Equivalent Compliance.
The design reflects the long range goals and design criteria from the Avon
Comprehensive Plan and other applicable, adopted plan documents.
Staff Response: Applicable adopted plans include the Avon Comprehensive Plan and
Wildridge-specific provisions of the Development Code. The design has been evaluated for
conformance with these plans and staff has determined the proposed design meets the
requirements as proposed.
7.16.120 - Alternative Equivalent Compliance
Alternative equivalent compliance is a procedure that allows development to meet the intent of the
design-related provisions through an alternative design. It is not a general waiver or weakening of
regulations; rather, this application procedure permits a site-specific plan that is equal to or better
than the strict application of a design standard specified in the Development Code. This procedure is
not intended as a substitute for a variance or administrative modification or a vehicle for relief from
standards in this Chapter. Alternative compliance shall apply only to the specific site for which it is
requested and does not establish a precedent for assured approval of other requests.
Applications for alternative equivalent compliance are processed concurrently with the underlying
development application for which alternative equivalent compliance with the applicable design
standards is desired and shall follow the procedures for such underlying development application.
Review Criteria.
The PZC shall use the following review criteria as the basis for a decision on an application for
alternative equivalent compliance:
Page I 6 July 18, 2017 Planning and Zoning Commission Meeting
2137 Long Spur Unit A Garage Application Lot 39 Block 1, Wildridge Subdivision
1. The proposed alternative achieves the intent of the subject design or development standard
to the same or better degree than the subject standard;
2. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to
the same or better degree than the subject standard;
3. The proposed alternative results in benefits to the community that are equivalent to or better
than compliance with the subject standard; and
4. The proposed alternative imposes no greater impacts on adjacent properties than would
occur through compliance with the specific requirements of this Title.
AEC Request
Specific design components require AECs for PZC consideration:
1. The garage is the “dominant element facing the street” which deviates from the requirements
outlined in AMC 7.28.090(f)(1) stating: “Entry features and front doors to units should be
the dominant elements facing the street. Entrances should be directly accessed and clearly
visible from the street.” The Applicant contends that design constraints from the original
unit require the placement of the garage in its proposed location, and that an AEC would
not impose any negative impacts to the community. Staff agrees that it is impractical to
place the garage in another location, and the design will not negatively impact the
neighborhood.
2. No roof overhangs on the garage is proposed. Avon Municipal Code section
7.28.090(j)(4) (ix)(C) states: “Overhangs are required on pitched roofs. The minimum
overhang length (measured from the point where the wall meets the roof) is eighteen (18)
inches for structures two (2) stories or less. For structures between three (3) and four (4)
stories the minimum overhang shall be twenty-four (24) inches. For structures exceeding
four (4) stories, the minimum overhang length shall be thirty-six (36) inches for primary
roofs.”
The applicant submits that by excluding the overhang on the north side, the structure does
not trespass on the neighbor’s party wall line. Also, the neighbor duplex is more able to build
a potential garage on their property with little interference in the future. Staff agrees that this
is a laudable goal, but may not be a practical one given the uncertainty of future construction.
An alternative approach may be to modify party wall lines to achieve the design
requirements.
Staff Recommendation for AEC17003 Alternative Equivalent Compliance:
Staff recommends approving the Alternative Equivalent Compliance application for Lot 39, Block 1
Wildridge Subdivision with the following findings:
Findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan,
§7.16.090(f), Design Review, and §7.16.120 Alternative Equivalent Compliance.
2. The AEC results in the best possible garage design for the site given the existing
construction layout and location.
3. The AEC results in benefits to the community that is equivalent to or better than
compliance with the subject garage and overhang standards.
4. The AEC poses no greater impacts on adjacent properties than would occur through
compliance with the specific requirements of the Code.
Page I 7 July 18, 2017 Planning and Zoning Commission Meeting
2137 Long Spur Unit A Garage Application Lot 39 Block 1, Wildridge Subdivision
Recommended Motion:
I move to approve Case #AEC17003, an application for Alternative Equivalent Compliance for Lot
39, Block 1, Wildridge Subdivision together with the findings of fact recommended by Staff.
Staff Recommendation for MNR17020 Major Design & Development Plan:
Staff recommends approving the Minor Development Plan application for Lot 39, Block 4
Wildridge Subdivision with the following findings and conditions:
Findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, and
§7.16.090(f), Design Review;
2. The design meets the development and design standards established in the Avon
Development Code;
3. The design relates the development to the character of the surrounding community; and
4. The design reflects the long range goals and design criteria of the Avon Comprehensive
Plan.
Recommended Motion:
I move to approve Case #MJR 17003, an application for Major Design and Development Plan at
Lot 68, Block 4, Wildridge Subdivision together with the findings and conditions recommended by
staff.
Exhibits
A. Design & Development Plans
B. AEC letters, dated June 15
Exhibit A
Exhibit B AEC Letters1
2
3
4
5
Amy and Brandon Greer
2137 Long Spur A
Avon, CO 81620
June 15, 2017
Planning and Zoning Committee Members,
This letter is to directly address the 4 criteria required in the Alternative Equivalent Compliance
Process. The 4 criteria are as follows (responses are in bold):
(1) The proposed alternative achieves the intent of the subject design or development standard to
the same or better degree than the subject standard;
The design works within the pre existing constraints of the property line and the design
suits the site to a better degree than the development standard. In this circumstance it is
not possible due to the layout of the lot to have a side facing, or ally entry garage.
(2) The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to
the same or better degree than the subject standard;
The proposed design is in compliance with the goals and policies of the Avon
Comprehensive Plan. The Wildridge subdivision is identified as a low priority district in
the Avon Comprehensive plan. The structure will be harmonious with the existing
structure. Any landscaping improvements will be harmonious with the existing trees,
shrubs and natural landscape.
(3) The proposed alternative results in benefits to the community that are equivalent to or better
than compliance with the subject standard; and
The proposed alternative design benefits the community in an equivalent manner to
compliance. The proposed addition improves the current condition of the property by
repairing the driveway and creating a more appealing and up to date looking property.
(4) The proposed alternative imposes no greater impacts on adjacent properties than would occur
through compliance with the specific requirements of this Title.
6
June 15, 2017
Greer Residence Addition
The proposed design does not impose upon adjacent properties any more than a
compliant design. In fact, in not building living space above the proposed garage, the
design imposes less upon adjacent properties.
Sincerely,
Amy and Brandon Greer
7
1 July 18, 2017 Planning and Zoning Commission Meeting –
77 Metcalf Road Unit 101 Preschool Application Lot 22 Block 1 Benchmark at Beaver Creek
Staff Report - Special Review Use
July 18, 2017 Planning & Zoning Commission Meeting
Project file SRU10001
Legal description Lot 22, Block 1, Benchmark at Beaver Creek Subdivision
Public Hearing Required
Address 77 Metcalf Road Unit 101
Zoning Light Industrial & Commercial
Prepared By David McWilliams, Town Planner
Summary of Request
Mountain Montessori, located at 77 Metcalf Road, operates a pre-school use. The use was first
approved in 2004 and is time limited, expiring in 2021, having been subject of a handful of Public
Hearings reconfirming eligibility. The owner of Mountain Montessori has approached the property
owner about extending their lease and would like to get the SRU modified "in perpetuity" in order to
assure stability of any further investment. This request is made subject to the same terms and
conditions that they currently operate under the approved SRU.
Zoning
The Property is zoned Light Industrial and Commercial (IC) and Preschool, Nursery School is
permitted in the district, with an SRU. The school has been granted several determinations from
the PZC allowing the use and the expansion of the school. See page 1 of the attached staff report
(Exhibit B) from 2011 for a detailed background.
During the 2011 approval the use was not part of the SRU protocol, and therefore PZC followed
staff’s recommendation that the use have a defined expiration date . Now, Preschool, Nursery
School is an eligible SRU category in the IC zone district therefore providing the PZC discretion to
allow the use in perpetuity.
According to the Development Code, the IC zone district "is intended to provide for a variety of
businesses, including warehouses, research and development firms, repair shops, wholesale
distributors and light manufacturing. This district may include supporting office and commercial
uses where appropriate. Uses permitted in this district are intended to serve community and
regional needs. This district is intended to be located away from low and medium density
residential development. The IC district implements the Light Industrial Commercial and
Employment classification of the Avon Future Land Use Plan and should be located along an
arterial roadway."
Property Description
The Mountain Montessori space is located on the bottom level of a three story industrial/
office building on Metcalf Road. The property measures approximately .89 acres, and is
located approximately 200' north of the intersection of Nottingham and Metcalf roads.
2 July 18, 2017 Planning and Zoning Commission Meeting –
77 Metcalf Road Unit 101 Preschool Application Lot 22 Block 1 Benchmark at Beaver Creek
Aerial View of Property
Public Notice
Notice of the public hearing was published in the July 3 edition of the Vail Daily in accordance with
Sec. 7.16.020(d) of the Avon Development Code. Mailed notice was sent the week of June 26.
Review Procedures
Special Use Review
A Special Review Use is regulated in Sec. 7.16.100 of the Avon Development Code, which
states, “This Section provides a discretionary approval process for special review uses that have
unique or widely varying operating characteristics or unusual site development features. The
procedure encourages public review and evaluation of a use's operating characteristics and site
development features and is intended to ensure that proposed use will not have a significant
adverse impact on surrounding uses or on the community at large… The PZC shall review and
render a decision on an application for a special review use after conducting a public hearing.”
Review Criteria
A Special Review Use application must meet the criteria set forth in Sec. 7.16.100 of the Avon
Development Code as follows:
(1) The proposed use is consistent with the Comprehensive Plan and all applicable
provisions of this Development Code and applicable state and federal regulations;
Staff Response: The proposed use furthers Goal B.5 which states, “Encourage revitalization of
existing light industrial and manufacturing uses.” By permitting the use in perpetuity the area
benefits from active use and a consistent base of activity. Throughout the years, the applicant
has demonstrated compliance with all applicable provisions of the Avon Development Code.
(2) The proposed use is consistent with the purpose and intent of the zoning district in
which it is located and any applicable use-specific standards in the Development Code;
Staff Response: Preschool, Nursery School is permitted as a special review use in the IC zone
district. Uses permitted in the IC zone district are intended to serve community and regional
3 July 18, 2017 Planning and Zoning Commission Meeting –
77 Metcalf Road Unit 101 Preschool Application Lot 22 Block 1 Benchmark at Beaver Creek
needs; therefore the proposed SRU is consistent with the purpose and intent of the IC zone
district.
(3) The proposed use is compatible with adjacent uses in terms of scale, site design , and
operating characteristics;
Staff Response: A preschool within this specific light industrial and commercial property is
compatible with, and will not negatively impact adjacent uses. Neighboring uses are non-
intensive uses that are commercial in nature. Staff is concerned that granting this SRU in perpetuity
may cause trouble if more intensive uses move in to the area; however, this has not been the observed
trend in the last few years. In fact, the district is becoming more residential in nature due to the
construction of Live/Work units.
(4) Any significant adverse impacts (including, but not limited to, hours of operation,
traffic generation, lighting, noise, odor, dust, and other external impacts) anticipated to
result from the use will be mitigated or offset to the maximum extent practicable;
Staff Response: A preschool is less intensive than permitted uses in the zone district. There have
been no reported negative impacts on traffic generation, lighting, noise, odor, dust, or other
external impacts during the years of operation.
(5) Facilities and services (including sewage and waste disposal, water, gas, electricity ,
police and fire protection, and roads and transportation, as applicable) will be available to
serve the subject property while maintaining adequate levels of service for existing
development; and
Staff Response: Staff believes the preschool meets all currently applicable building and fire codes
within the building, and it is served with all utilities, police and fire protection.
(6) Adequate assurances of continuing maintenance have been provided.
Staff Response: The use has existed on the property for several years and the continued use will
help ensure the area is an active and vibrant part of the community.
Staff Recommendation
Staff recommends that the Planning and Zoning Commission approve Case #SRU10001 approving a
Special Review Use permit in perpetuity for a Preschool, Nursery School at 77 Metcalf Road with
the following findings and conditions.
Findings
1. The proposed application was reviewed according to §7.16.100 Special Review Use; and
2. The proposed application has demonstrated compatibility with other surrounding uses and this
is not anticipated to change in the future.
Conditions
1. The use shall not be enlarged without prior review and approval from the Planning and Zoning
Commission;
2. All traffic, parking, and vehicle stacking related to the drop off and pick up activities of the
school shall be entirely contained on the property;
3. Student enrollment is limited to 40 students;
4. The size of the school is limited to 2,361 square feet;
4 July 18, 2017 Planning and Zoning Commission Meeting –
77 Metcalf Road Unit 101 Preschool Application Lot 22 Block 1 Benchmark at Beaver Creek
5. No special events shall occur on the property; and
6. If the use ceases operation for any reason for a period of one (1) year, the special review use
permit shall be deemed expired.
Recommended Motion
I move to approve the Case #SRU 10001, an application to for a Preschool, Nursery School in
perpetuity at Lot 22, Block 1, Benchmark at Beaver Creek with the findings and conditions
recommended by staff.
Attachments
Exhibit A : Application Letter
Exhibit B: Select pages from the 2011 Application and Staff Report
June 21, 2017BBG Holding Corp.PO Box 8266Avon, CO 81620RE: Mountain Montessorl SRU ModificationMr. Matt Pielsticker:Mountain Montessorl, one of our tenants at 77 Metcalf Road in Avon, is currently operating a pre-schooias an allowed use under the approval of an SRU. This SRU is time limited, expiring in 2020. They haveapproached us about extending their lease but would like to get the SRU modified to "in perpetuity". Thisrequest is made subject to the same terms and conditions that they currently operate under the approvedSRU.As the building owner, I can attest that there have been no Issues associated with the operation of thisfacility at this location. Drop-off and Pick-up traffic Is well managed on our site and has caused nocomplaints or interference on Metcalf Road. There have been no safety issues during the time MountainMontessorl has operated at this location. Moreover, the investment that Mountain Montessorl has madeat this location provides an exceptional environment forthe kids to learn and play in and would be difficultto duplicate elsewhere In the Town of Avon. They provide an important and desperately needed servicefor families in Avon and the Valley and have a long waiting list.I hope that the P&Z will approve the "in perpetuity" change to the current SRU.Respectfully Submitted,Chris Evans Martha TeienBBG Holding Corp. Mountain MontessorlExhibit A
Memorandum
To:Planning and Zoning Commission
From:
Date:
Matt Pielsticker, Planner II
October 18, 2011 Meeting AVON
Re:Mountain Montessori SRU , " , 11 . 11 „
Introduction
Following a public hearing on October 4, the Planning and Zoning Commission (PZC) tabled a
decision to amend the Mountain Montessori School SRU permit to allow the Applicant the
opportunity to draft alternative conditions of approval for the PZC to consider prior to making
their decision.
Mountain Montessori school is located at: 77 Metcalf Road, Unit 101
The owner of the school and permit holder is: Mountain Montessori
Background
The Property is zoned Light Industrial and Commercial (IC). Daycare /pre - schools are not
permitted in the IC zone district; however in 2004, the Avon Planning Director determined that
this use was eligible for a SRU permit, if approved by the Planning and Zoning Commission
PZC), with certain conditions. The PZC granted the school a SRU approval in 2004 with the
following conditions:
1. A sign permit shall be required for any signage associated with this use.
2. This permit is valid and subject to review by Staff and renewal exactly 5 years from the
date of issuance (September 21, 2009).
3. Except as otherwise modified by this permit approval, all material representations made
by the applicant or applicant representative(s) in this application and in public
hearing(s) shall be adhered to and considered binding conditions of approval.
In 2010, the school re- applied for the SRU permit renewal and the PZC granted approved with
the following conditions:
1. The use shall not be enlarged without prior review and approval from the Planning and
Zoning Commission; and
2. The use is approved for a ten (10) year period to be re- reviewed no later than
September 71h 2020.
In March, 2011 the school returned to the PZC to apply for an amended to the SRU permit to
allow the school to expand from 20 students to 40 students with an 808 square foot addition.
At that time, the recently adopted Avon Development Code (ADC) limited the PZC's review
authority to 2 years (with additional time permitted by the Council). The PZC approved the
schools' expansion with the following conditions:
1. The use shall not be enlarged without prior review and approval from the Planning and
Zoning Commission;
October 18, 2011 Town Council Meeting
Exhibit B
2. The use is approved and must be re- reviewed no later than May 3 2013;
3. All traffic, parking, and vehicle stacking related to the drop -off and pick -up activities of
the school shall be entirely contained on the property;
4. Student enrollment is limited to 40 students;
5. The size of the school is limited to 2,361 square feet; and,
6. No special events shall occur during the business day.
In August, the Council amended the SRU regulations; returning all review authority back to the
PZC with no time limits on PZC approvals, although the PZC may assign reasonable
conditions and time limits as deemed necessary ( §7.16.100(f)).
Amendment Request
The Applicant is requesting that the PZC amend its March 2011 approval to allow the school to
remain on at its location with no time limit, but with the life of the permit approval contingent
upon the compatibility of the school use with other potential future surrounding land uses.
Zoning Analysis
The property is located in the IC Zone District. The intent of this zone district is to "...provide
for a variety of business, including warehouses, research and development firms, repair shops,
wholesale distributors and light manufacturing. This district may include supporting office and
commercial uses where appropriate."
Policy Review
This property and the surrounding area is located in the Metcalf Road Planning District (District
11); the town's only industrial center. The planning principals for this district are:
Accommodate limited /accessory residential development that supports primary
industrial /employment land uses.
Develop a pedestrian connection linking West Beaver Creek Boulevard to Nottingham
Road.
Coordinate with CDOT to introduce trees on uphill slopes in the I -70 right -of -way and
along Metcalf Road to partially screen buildings and other accessory uses.
Require development that minimizes significant re- grading, and provides for proper on-
site parking and access.
Require development and encourage existing development to add architectural or
landscape screening of storage areas, HVAC equipment, loading docks, and trash
containers.
Site buildings to maximize sun exposure, protect views, and break up building bulk.
In the event of a major redevelopment of this area, add traffic lanes on Metcalf Road to
accommodate truck traffic
The Town's Future Land Use Map defines the uses permitted in the Light Industrial
Commercial and Employment Area, including supporting office, commercial and accessory
residential uses where appropriate.
October 18, 2011 Town Council Meeting
Conditions of Approval
The Applicant is proposing the following condition of approval for the Mountain Montessori
SRU permit:
There is no limit to the timeframe that this use may continue on the property, however,
should the use appear to be incompatible with other permitted uses that occupy
neighboring commercial units or properties in the future, the special review use permit
may be reevaluated by the Planning and Zoning Commission at a public hearing. If it is
determined that the special review use has become incompatible with permitted uses
in close proximity, the special review use permit may be revoked following a noticed
public hearing.
Staff Comment. The applicant's proposed condition would put the schools' SRU in jeopardy not
necessarily for actions by the school, but rather by other permitted uses in the neighboring
properties or units. This would be a difficult and potentially disruptive condition to enforce and
arguably more uncertain for the school then the conditions currently imposed on the SRU,
which make the actions of the schools responsible for maintaining the permit.
Staff is therefore recommending the following conditions of approvals, which are consistent
with the three previous PZC approvals of this SRU permit:
1. The use shall not be enlarged without prior review and approval from the Planning and
Zoning Commission;
2. The use is approved and must be re- reviewed no later than October 4, 2021;
3. All traffic, parking, and vehicle stacking related to the drop -off and pick -up activities of
the school shall be entirely contained on the property;
4. Student enrollment is limited to 40 students;
5. The size of the school is limited to 2,361 square feet; and,
6. No special events shall occur during the business day.
Recommendation
Staff recommends approval of Resolution 11 -09, approving the SRU permit for the Mountain
Montessori School in Suite 101, Lot 22, Block 1, Benchmark at Beaver Creek Subdivision, with
conditions.
If the PZC finds that a daycare and /or preschool is consistent with the Town's policy to allow
supporting commercial uses when appropriate" in the Metcalf Road Planning Area, they should
recommend that the Town Council initiate an amendment to the Development Code to add pre-
schools and daycares as special review uses in the IC Zone District. The use would then be
definitively consistent with the Planning District policies and I -C Zone District and therefore eligible
for an unlimited SRU approval if the PZC so determines.
Exhibits:
A. Letter from Applicant, date October 12, 2011
B. Resolution 11 -09
October 18, 2011 Town Council Meeting
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 11-09
A RESOLUTION APPROVING AN AIVIDENDMENT TO A SPECIAL
REVIEW USE PERMIT TO PERMIT MOUNTAIN MONTESSORI
PRESCHOOL TO OPERATE WITHIN SUITE 101 ON LOT 22,
BLOCK 1, BENCHMARK AT BEAVER CREEK, TOWN OF AVON,
EAGLE COUNTY, COLORADO
WHEREAS, the Planning & Zoning Commission (PZC) of the Town of Avon
approved Resolution 10 -04 on September 7, 2010, approving a Special Review Use
SRU) permit for Mountain Montessori Preschool to operate in the Industrial Commercial
IC) zone district; and
WHEREAS, at their regularly scheduled meeting held on May 3, 2011, the PZC
approved Resolution No. 11 -04, approving an amendment and expansion of the square
footage of the Mountain Montessori unit with the following conditions:
1. The use shall not be enlarged without prior review and approval from the
Planning and Zoning Commission;
2. The use is approved and must be re- reviewed no later than May 3 )', 2013;
3. All traffic, parking, and vehicle stacking related to the drop -off and pick-
up activities of the school shall be entirely contained on the property;
4. Student enrollment is limited to 40 students;
5. The size of the school is limited to 2,361 square feet; and,
6. No special events shall occur during the business day.
WHEREAS, the Avon Town Council approved Ordinance 11 A 0 on August 23, 2011,
to clarify the duration of SRU approvals and the authority of the PZC in such approvals;
and
WHEREAS, Ordinance 11 -10 amended §7.16.100 (f) Duration and Expiration, Avon
Development Code (ADC), grants the PZC authority to approve a SRU permit in
perpetuity, but may assign a shorter time as deemed necessary; and
WHEREAS, Dominic Mauriello ("the Applicant "), representing the owner of the
property, BBG Holding Co, submitted an application to modify the Mountain Montessori
SRU permit, currently valid until May 3, 2013, to operate in perpetuity; and
WHEREAS, at their regularly scheduled meetings held on October 4, 2011 and
October 18, 2011, the Planning & Zoning Commission held public hearings to consider
approving and amendment to the SRU permit to operate in perpetuity; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon considered the
following review considerations, as required by the §7.16.100(e), ADC:
I) The proposed use is consistent with the Comprehensive Plan and all applicable
provisions of this Development Code and applicable state andfederal regulations;
2) The proposed use is consistent with the purpose and intent of the zoning district
in which it is located and any applicable use - speck standards in the Development
Code;
3) The proposed use is compatible with adjacent uses in terms of scale, site design,
and operating characteristics;
4) Any significant adverse impacts (including, but not limited to, hours of
operation, traffic generation, lighting, noise, odor, dust, and other external
impacts) anticipated to result from the use will be mitigated or offset to the
maximum extent practicable;
5) Facilities and services (including sewage and waste disposal, water, gas,
electricity, police and fire protection, and roads and transportation, as applicable)
will be available to serve the subject property while maintaining adequate levels of
service for existing development;
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission
of the Town of Avon, Colorado, hereby approves an amended SRU permit for Mountain
Montessori within Suite 101, Lot 22, Block 1, Benchmark at Beaver Creek Subdivision;
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The use shall not be enlarged without prior review and approval from the
Planning and Zoning Commission;
2. The use is approved and must be re- reviewed no later than May, 2021;
3. All traffic, parking, and vehicle stacking related to the drop -off and pick-
up activities of the school shall be entirely contained on the property;
4. Student enrollment is limited to 40 students;
5. The size of the school is limited to 2,361 square feet; and,
6 No special events shall occur during the business day.
ADOPTED THIS 18" DAY OF OCTOBER, 2011
Signed:
Date: ID' te'k`
Chair: Chris Green
Attest:
C4 ( b Date:
Secretary: Scott Prince
July 18, 2017 PZC Meeting
Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning
1
Staff Report – Rezoning
July 18, 2017 Planning & Zoning Commission Meeting
Project file Case #REZ17001
Legal description Lot 44, Block 1, Benchmark at Beaver Creek Subdivision
Current Zoning Residential Low Density (RL)
Proposed Zoning Short Term Rental Overlay (STRO)
Address 510 Nottingham Road
Prepared By Matt Pielsticker, Planning Director
Introduction
The attached application (“Exhibit A”) calls for a rezoning; it would overlay a property with the
Short Term Rental Overlay (“STRO”) District. The subject property contains a triplex, is located
on Nottingham Road, and is currently zoned for Residential Low Density (“RL”). The Planning
and Zoning Commission (“PZC”) will review the application and conduct a public hearing on
July 18, 2017. After reviewing staff’s analysis and considering public input, PZC will forward a
recommendation to the Town Council.
Background
Staff was approached by the Unit A owner in the Alpenhaus condominiums earlier this year
inquiring about the process to permit short term rentals in his unit. Staff advised the owner of
the process and subsequently he acquired Elizabeth Gross and Kristin Mcnight to represent him
for the public hearings. During the due diligence when putting together the application, the
other two owners in the building provided consent to the proposed use taking place on the
entire property.
Process
The review process first requires a noticed public hearing with PZC. Final action is taken on the
Application by Town Council after conducting public hearings and either approval by Ordinance
or denial by motion.
Background
Long after the platting of the Benchmark at Beaver Creek Boulevard Subdivision, which split
the Town into residential, commercial, and park areas, the Town adopted a zone district map to
mimic the general layout and intensity of land uses. The STRO district was created in 2009 as a
way to outright permit short term rentals in a large majority of the valley floor area. During the
Staff Review &
Report
PUBLIC HEARING:
PZC
Council & 1st
Reading of
Ordinance
PUBLIC HEARING:
Council & 2nd
Reading of
Ordinance
July 18, 2017 PZC Meeting
Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning
2
public hearings related to the creation of the STRO, several iterations of the map were
presented to the Town Council and public for review. Most of the early versions of the overlay
district included areas of Nottingham Road, Eaglebend Drive, and even the Wildridge
Subdivision. A determination was made that the STRO could not legally be overlaid on PUD
zone districts (i.e. Wildridge, Eaglebend), and through further modifications to the approving
Ordinance Nottingham Road was dropped out of the overlay area during Council approvals in
2009. The map below is the current STRO in orange, with some of the PUD districts that
explicitly permit short term rentals in green.
Property Description
510 Nottingham measures ½ acre and was developed in 1979-1980. Typical to other properties
on Nottingham Road, an angled sloping driveway climbs up from the road and wraps around to
access the building from the North side. This allows for the structure to open up to the
southern views of Beaver Creek Resort.
The property is bounded on the west by Snowrun Condominium Triplex; south by Nottingham
Road and Interstate 70; on the north by Town of Avon Open Space, and on the east by the
July 18, 2017 PZC Meeting
Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning
3
Anointed Christian church. Further to the West on Nottingham Road the zoning changes to
Light Industrial and Commercial and eventually to open space.
Rezoning Review Criteria Analysis
As outlined in Sec. 7.20.060(b), the RL district “is a mixed dwelling district intended to provide
sites for single-family, two-family, and multi-family dwellings either in traditional neighborhoods
or in a setting with a mix of dwelling unit types. This district implements the residential low
density classification of the Avon Future Land Use Plan and can be located as a transitional use
between lower density single family development and medium density or mixed-use development.
Residential low density should be located along a local road.”
The review process and review criteria for zoning amendments are governed by AMC §7.16.050,
Rezonings. PZC shall use the criteria below as the basis for a recommendation on the
Application. Staff responses to each review criteria are provided.
(1) Evidence of substantial compliance with the purpose of the Development Code;
The entire Purpose statement section from the Development Code (Section 7.04.030 -
Development Code Purposes) is outlined for reference:
(a) Divide the Town into zones, restricting and requiring therein the location, erection,
construction, reconstruction, alteration and use of buildings, structures and land for trade,
industry, residence and other specified uses; regulate the intensity of the use of lot areas;
regulate and determine the area of open spaces surrounding such buildings; establish building
lines and locations of buildings designed for specified industrial, commercial, residential and
other uses within such areas; establish standards to which buildings or structures shall conform;
establish standards for use of areas adjoining such buildings or structures;
(b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable
planning documents of the Town;
(c) Comply with the purposes stated in state and federal regulations which authorize the
regulations in this Development Code;
(d) Avoid undue traffic congestion and degradation of the level of service provided by streets
and roadways, promote effective and economical mass transportation and enhance effective,
attractive and economical pedestrian opportunities;
(e) Promote adequate light, air, landscaping and open space and avoid undue concentration or
sprawl of population;
(f) Provide a planned and orderly use of land, protection of the environment and preservation of
viability, all to conserve the value of the investments of the people of the Avon community and
encourage a high quality of life and the most appropriate use of land throughout the
municipality;
(g) Prevent the inefficient use of land; avoid increased demands on public services and facilities
which exceed capacity or degrade the level of service for existing residents; provide for phased
development of government services and facilities which maximizes efficiency and optimizes
July 18, 2017 PZC Meeting
Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning
4
costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all
public services and public facilities, including but not limited to water, sewage, schools, libraries,
police, parks, recreation, open space and medical facilities;
(h) Minimize the risk of damage and injury to people, structures and public infrastructure created
by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural
hazards;
(i) Achieve or exceed federal clean air standards;
(j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion,
reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into
streams and enhancing public access to recreational water sources;
(k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of
historical and archaeological importance, provide for adequate open spaces, preserve scenic
views, provide recreational opportunities, sustain the tourist-based economy and preserve
property values;
(l) Promote architectural design which is compatible, functional, practical and complimentary to
Avon's sub-alpine environment;
(m) Achieve innovation and advancement in design of the built environment to improve
efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of
non-renewable natural resources and attain sustainability;
(n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs
in the Town, provides a range of housing types and price points to serve a complete range of life
stages and promotes a balanced, diverse and stable full time residential community which is
balanced with the visitor economy;
(o) Promote quality real estate investments which conserve property values by disclosing risks,
taxes and fees; by incorporating practical and comprehensible legal arrangements; and by
promoting accuracy in investment expectations; and
(p) Promote the health, safety and welfare of the Avon community.
Staff Response: The character of the development would remain residential and consistent
with the intent of the zone district classifications of the Town.
(2) Consistency with the Avon Comprehensive Plan;
Staff Response: The rezoning application will provide consistency with the Comprehensive Plan,
and supporting planning documents listed above. The property is located in District 9: Valley
Residential District. The area includes all of the residential on Nottingham Road, Beaver Creek
Boulevard and the Aspens Village.
July 18, 2017 PZC Meeting
Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning
5
The planning principles for this district deal primarily with improving connectivity,
wayfinding, and pedestrian improvements. General land use goals and policies from the
Avon Comprehensive Plan worth noting include:
Goal B.1: Provide a balance of land uses that offer a range of housing options,
diverse commercial and employment opportunities, inviting guest
accommodations, and high quality civic and recreational facilities
that work in concert to strengthen Avon’s identity as both a year-
round residential community and as a commercial, tourism and
economic center.
Policy B.2.2: Promote a wide range of residential uses throughout the Town.
(3) Physical suitability of the land for the proposed development or
subdivision;
Staff Response: The Property is physically suitable for the proposed development as a
standalone residential project with unit(s) containing short term rentals. The
driveway is capable of holding vehicles and owners/guests simultaneously.
(4) Compatibility with surrounding land uses;
July 18, 2017 PZC Meeting
Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning
6
Staff Response: With the exception of the church immediately east of the property,
the majority of the surrounding land contains residential land uses, including deed
restricted housing. The occasional use of the property for short term rentals appears
to be compatible on the scale proposed. The subject property is confined with its own
driveway access and parking area separate from adjacent projects. No inherent
conflicts with the church or potential future residential project to the east are
anticipated. It should be noted that from a pedestrian perspective the property is
somewhat isolated from the core of Town and other public amenities including no
sidewalk connection or bus routes nearby. Crossing Nottingham Road on foot is
dangerous and therefore guests would likely need to arrive by vehicles.
(5) Whether the proposed rezoning is justified by changed or changing
conditions in the character of the area proposed to be rezoned
Staff Response: While the conditions of the area have not changed, the online rental
business has continued to evolve rapidly. Since the STRO district was created in 2009,
the environment for owners to market their properties and for guests in resort areas
to shop for rentals has changed considerably.
(6) Whether there are adequate facilities available to serve development for
the type and scope suggested by the proposed zone compared to the existing
zoning, while maintaining adequate levels of service to existing development;
Staff Response: No additional facilities are required to serve the development if short
term rentals are implemented.
(7) Whether the rezoning is consistent with the stated purpose of the
proposed zoning district(s);
Staff Response: The property is located in the middle of a RL zoned portion of Town
which according to the stated purpose of the RL district ”can be located as a
transitional use between lower density single family development and medium density
or mixed-use development. Residential low density should be located along a local
road.” The property is near the transition from residential to light-industrial
commercial land uses.
The STRO district is intended to ”allow short term rentals of properties, including but
not limited to accommodate, apartments, bed and breakfast, condominium, hotel,
lodge, motel and residential properties.” If the property was rezoned with the STRO
district it would continue to be subject to all underlying requirements of the RL zone
district.
(8) That, compared to the existing zoning, the rezoning is not likely to result in
adverse impacts upon the natural environment, including air, water, noise,
July 18, 2017 PZC Meeting
Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning
7
stormwater management, wildlife, and vegetation, or such impacts will be
substantially mitigated;
Staff Response: Staff does not anticipate any adverse impacts upon the natural
environment compared to the existing zoning. No substantive changes to air, water,
noise, etc. are expected.
(9) That, compared to the existing zoning, the rezoning is not likely to result in
significant adverse impacts upon other property in the vicinity of the subject tract;
Staff Response: No substantial impacts to other properties in the vicinity are
envisioned with a STRO district applied to the property. Future uses to the east could
intensify and include more residential development, as permitted in the RL district,
however the rezoning is not likely to impact those future adjacent uses.
(10) For rezoning within an existing PUD, consistency with the relevant PUD
Master Plan as reflected in the approval of the applicable PUD; and,
Staff Response: The rezoning is not within an existing PUD and this criterion is not
applicable.
(11) Adequate mitigation is required for zoning amendment applications which
result in greater intensity of land use or increased demands on public facilities and
infrastructure.
Staff Response: The intensity of use is comparable to existing residential uses.
Incremental changes to the character of the property do not increase demands on
public facilities or infrastructure. Vehicle trips would not change in a measurable way.
Available Options
1. Continue the Public Hearing to a date certain, pending additional information.
2. Approve Findings of Fact and Record of Decision recommending that the Town Council
approve the application, together with findings.
3. Approve Findings of Fact and Record of Decision recommending that the Town Council
deny the application, together with findings.
Staff Recommendation
Staff recommends approval as explained herein. If amendable, PZC can direct Staff to prepare
a formal Findings of Fact, Record of Decision, and recommendation to Council pursuant to
Section 7.16.020(f)(3), Findings, to be presented to the Council for final action.
July 18, 2017 PZC Meeting
Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning
8
Recommended Motions and Findings:
“I move to recommend Town Council approval of Case #REZ17001, an application for rezoning of
Lot 44, Block 1, Benchmark at Beaver Creek Subdivision, together with the findings of fact.”
The following Findings may be applied:
1. The Application was reviewed in accordance §7.16.050, Rezonings, Avon
Development Code, and is found to be in substantial compliance with the review
criteria and Avon Comprehensive Plan, as outlined in the staff report for the July 18,
2017 public hearing.
2. The Application is substantially compliant with the purpose statements of the
Development Code by providing for the orderly, efficient use of the Property, while
at the same time conserving the value of the investments of owners of property in
Town.
3. Short term rentals on the property would be compatible and pose negligible
impacts upon the current and future potential uses of neighboring properties.
Exhibits
A –Vicinity Map with Zoning
B - Application Materials
July 18, 2017 PZC Meeting
Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning
9
Exhibit A
Aerial Photograph
Zoning Map
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Page I 1 July 18, 2017 Planning and Zoning Commission Meeting
998 West Beaver Creek Boulevard Garage Application Lot 9-14 Block 3, Benchmark at Beaver Creek
Staff Report
Case #MNR17026 Public Hearing
July 18, 2017 Planning & Zoning Commission Meeting
Project type
Minor Development Plan
Public Hearing Required
Legal Description Lot 9-14, Block 3, Benchmark at Beaver Creek Subdivision
Zoning Residential High Density
Address 998 West Beaver Creek Boulevard
Prepared By David McWilliams, Town Planner
Staff Report Overview
This staff report contains one application for consideration by the PZC:
1. Minor Development Plan with Design Review for proposed garage additions at the Liftview
Condo property.
Summary of Request
Bill Nutkins (the Applicant) proposes three garages to the Liftview Condominium property parking
area. One proposed garage will house fourteen (14) cars in the west lot; one will house twelve
(12) cars in the east lot; and one will house five (5) cars located to the east of the east parking lot.
The large st garage appears to add two (2) spaces from landsca ping; the second will occupy the
same number of spaces currently in the area; and the smaller one will be located on currently
landscaped space, adding five (5) additional spaces to the property .
Property Description
The Liftview property is 8 acres and is located on Beaver Creek Boulevard, between the road and the
Eagle River Water and Sanitation District. The complex contains 165 units and approximately 224
parking spaces. It is zoned Residential High Density.
Page I 2 July 18, 2017 Planning and Zoning Commission Meeting
998 West Beaver Creek Boulevard Garage Application Lot 9-14 Block 3, Benchmark at Beaver Creek
Aerial View of 998 West Beaver Creek Blvd and adjacent properties.
Public Notice
Notice of the public hearing was published in the July 3 edition of the Vail Daily in accordance
with Sec. 7.16.020(d) of the Avon Development Code. Mailed notice is not required for this
application type.
7.16.80 Development Plan
The purpose of the Development Plan review process is to ensure compliance with the development
and design standards and provisions of this Development Code. It is designed to encourage quality
development reflective of the goals, policies and objectives of the Comprehensive Plan.
7.16.90 Design Review
The purpose of the design review process is to ensure compliance with the development and design
standards of the Development Code prior to the issuance of a building permit or concurrent with
other required permits and to encourage quality development reflective of the goals and objectives
of the Avon Comprehensive Plan.
Planning Analysis
Lot Coverage, Setback and Easements: The applicant is proposing to increase the impervious
coverage due to the addition of the garage on the landscaping. This does not appear to reach the 80%
threshold of lot coverage. The proposed additions are located within the complex and are in
compliance with the property setbacks and easements.
Building Height: The maximum building height permitted for this property is sixty (60) feet.
The applicant is proposing a maximum building height of sixteen (16) feet according to the
development plans.
Parking: The parking at this property will increase by approximately seven (7) spaces.
Outdoor Lighting: The Applicant has stated the intent to use dark sky compliant lighting fixtures
exclusively for outdoor applications that will be compliant with Municipal Code. The specific
fixtures have not been confirmed by staff, but will be prior to building permit if the design is approved.
Snow Storage: Snow plowing and storage is not anticipated to be affected by this addition. The total
square footage of asphalt is being reduced and the applicant states that the small garage additions are
not currently used as snow storage.
Design Standards Analysis
Landscaping: The proposed landscape plan meets the minimum landscape area requirements,
maximum irrigation area requirements, and total landscape unit calculation as required by the
Development Code. The proposal removes several trees, three (3) of which are deemed significant
under AMC chapter 7.28.050(h)(1)(iv). The Applicant states that the lot is “overplanted” and the HOA
is not interested in planting more trees on the property. Staff noted that as presented, this would require
the Alternative Equivalent Compliance (AEC) process, which has not been filed.
Page I 3 July 18, 2017 Planning and Zoning Commission Meeting
998 West Beaver Creek Boulevard Garage Application Lot 9-14 Block 3, Benchmark at Beaver Creek
The development plan appears to remove the two large trees in the rear on the grass (east side small
garage).
The development plan removes this tree from the center of the parking lot (west side large garage).
Irrigation: The application will reduce the irrigated area by the square footage of the small east side
garage.
Building Design, Building Materials and Colors: The primary exterior building materials and
colors being proposed are in compliance with Sec. 7.28.090(d) Generally applicable Residential
Design Standards and determined to be compliant with all applicable design standards. All
materials are of high quality and compliment Avon’s built landscape.
Roof Material and Pitch: The roof material and pitch were reviewed for compliance with Sec.
7.28.090(d)(3) Roofs. The applicant is proposing a 5/12 roof pitch, in compliance with code.
Minor Development Plan & Design Review - Review Criteria
§ 7.16.080(f), Development Plan
1. Evidence of substantial compliance with the purpose of the Development Code as
specified in §7.04.030, Purposes;
Staff Response: The Application is in compliance with the applicable purposes outlined in
the Development Code. It particularly addresses Purpose (f) which states in part, “Provide
a planned and orderly use of land, protection of the environment and preservation of
viability, all to conserve the value of the investments of the people of the Avon community
and encourage a high quality of life and the most appropriate use of l and throughout the
Page I 4 July 18, 2017 Planning and Zoning Commission Meeting
998 West Beaver Creek Boulevard Garage Application Lot 9-14 Block 3, Benchmark at Beaver Creek
municipality”.
Evidence of substantial compliance with §7.16.090, Design Review;
Staff Response: This application is compliant with the Design Review criteria of the
Development Code. Specific deviations or points lacking clarity are included for review.
The Design Review section seeks quality development and structures that are visually
harmonious with their site and surrounding vicinity. Conformance with this code section is
discussed below in response to the Design Review criteria.
2. Consistency with the Avon Comprehensive Plan;
Staff Response: The site is located in the Riverfront District which includes principles
that encourage structures be sensitive to the river environment and in harmony with the
natural surroundings. This Application proposes materials, colors, and design that are
consistent with the Goals and Policies contained in the Comprehensive Plan. Any
potential loss of trees should be mitigated.
4. Consistency with any previously approved and not revoked subdivision plat, planned
development, or any other precedent plan or land use approval for the property as
applicable;
Staff Response: The application is in conformance with the requirements of the zoning.
5. Compliance with all applicable development and design standards set forth in this
Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and
Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development
Standards; and
Staff Response: This project complies with all applicable development and design standards
for the zone district.
6. That the development can be adequately served by city services including but not
limited to roads, water, wastewater, fire protection, and emergency medical services.
Staff Response: The Applicant has demonstrated that the proposed development can be
served by all Town and special district services.
§ 7.16.090(f), Design Review
The design relates the development to the character of the surrounding community; or,
where redevelopment is anticipated, relates the development to the character of Avon
as a whole;
Staff Response: The proposed architecture, materials, color palette, and landscape relates in
character to surrounding development and the community as a whole.
The design meets the development and design standards established in this
Development Code; and
Staff Response: The design is compliant with the development and design standards
contained in the Development Code.
The design reflects the long range goals and design criteria from the Avon
Comprehensive Plan and other applicable, adopted plan documents.
Staff Response: The design is consistent with a pplicable adopted plans including the
Page I 5 July 18, 2017 Planning and Zoning Commission Meeting
998 West Beaver Creek Boulevard Garage Application Lot 9-14 Block 3, Benchmark at Beaver Creek
Avon Comprehensive Plan.
Staff Recommendation for MJR17020 Design & Development Plan:
Staff recommends approving the Major Development Plan application for Lot 9-14, Block
3, Benchmark at Beaver Creek Subdivision with the following findings and conditions:
Findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, and
§7.16.090(f), Design Review.
2. The design meets the development and design standards established in the Avon
Development Code.
3. The design relates the development to the character of the surrounding community.
4. The design reflects the long range goals and design criteria of the Avon Comprehensive
Plan.
Conditions:
1. Prior to building plan issuance:
A. A landscaping plan showing replacement of “significant trees” at a ratio of two to
one (2:1), shall be presented to staff for approval. Alternatively, an Alternative
Equivalent Compliance application must be approved by PZC before a building
permit will be issued.
B. Proposed light fixtures will be submitted to staff and confirmed as compliant with the
municipal code.
Recommended Motion:
I move to approve Case #MNR17020, an application for Minor Design and Development Plan for
Lot 9 -14, Block 3 , Benchmark at Beaver Creek Subdivision together with the findings and
conditions recommended by staff.
Exhibits
A. Letter from Architect, with Photos
B. Design & Development Plans
LiftView Garage Buildings998 W. Beaver Creek Blvd.Avon, ColoradoTown of Avon DRB Submittal - 06/27/2017SheetJob#:Issued:Dwg. Name:Revision No.Date
SealDRB Submittal - 06/27/2017Cover2016-011A000LiftView Garage Buildings
998 W. Beaver Creek Blvd
Avon, Colorado
SheetJob#:Issued:Dwg. Name:Revision No.Date
SealDRB Submittal - 06/27/2017Overall Site Plan2016-011AS100LiftView Garage Buildings
998 W. Beaver Creek Blvd
Avon, Colorado
SheetJob#:Issued:Dwg. Name:Revision No.Date
SealDRB Submittal - 06/27/2017West Parking Lot Demo Plan2016-011AS101LiftView Garage Buildings
998 W. Beaver Creek Blvd
Avon, Colorado
SheetJob#:Issued:Dwg. Name:Revision No.Date
SealDRB Submittal - 06/27/2017West Parking Lot Demo Plan2016-011AS102LiftView Garage Buildings
998 W. Beaver Creek Blvd
Avon, Colorado
SheetJob#:Issued:Dwg. Name:Revision No.Date
SealDRB Submittal - 06/27/2017West Parking Lot Remodel Plan2016-011AS103LiftView Garage Buildings
998 W. Beaver Creek Blvd
Avon, Colorado
SheetJob#:Issued:Dwg. Name:Revision No.Date
SealDRB Submittal - 04/XX/2017East Parking Lot Remodel Plan2016-011AS104LiftView Garage Buildings
998 W. Beaver Creek Blvd
Avon, Colorado
SheetJob#:Issued:Dwg. Name:Revision No.Date
SealDRB Submittal - 06/27/2017Floor Plans2016-011A101LiftView Garage Buildings
998 W. Beaver Creek Blvd
Avon, Colorado
SheetJob#:Issued:Dwg. Name:Revision No.Date
SealDRB Submittal - 06/27/2017Floor Plan &Typical Roof Plan2016-011A102LiftView Garage Buildings
998 W. Beaver Creek Blvd
Avon, Colorado
SheetJob#:Issued:Dwg. Name:Revision No.Date
SealDRB Submittal - 06/27/2017ExteriorElevations2016-011A201LiftView Garage Buildings
998 W. Beaver Creek Blvd
Avon, Colorado
SheetJob#:Issued:Dwg. Name:Revision No.Date
SealDRB Submittal - 06/27/2017Elevation, Building Section,Details2016-011A202LiftView Garage Buildings
998 W. Beaver Creek Blvd
Avon, Colorado
Memo–Minor Development Plan
June 20, 2017 Planning & Zoning Commission Meeting
Date July 18, 2017
Project file Case #MNR17021
Legal description Lot 7, Western Sage Subdivision
Address 5771 Wildridge Road East
Zoning PUD
Prepared By David McWilliams, Town Planer
After this application was noticed, the applicant, Buz Reynolds, alerted staff that he would be out of
town and that nobody could represent this case in front of the PZC. He will be available on August 1.
Therefore, staff is requesting that the application be opened, and continued until that specific meeting
date.
1
Planning & Zoning Commission
Meeting Agenda
Tuesday, June 20, 2017
I. Call to Order – The meeting was called to order at 5:02 pm.
II. Roll Call - All other Commissioners were present.
III. Appointment of Interim Chairperson and Vice Chairperson
Commissioner Hardy was appointed the Chair of the Commission and Commissioner Minervini was
appointed vice Chair.
IV. Additions & Amendments to the Agenda
There were no additions to the agenda.
V. Conflicts of Interest
No conflicts were disclosed.
VI. Consent Agenda
VII. Sign Program Amendment – 150 East Beaver Creek Boulevard – CONTINUED FROM JUNE 6, 2017
File: SGN17004
Legal Description: Lot 24, Block 2, Benchmark at Beaver Creek
Applicant: Chad Wilkison, represented by Monte Park
Summary: Proposal for an updated Sign Program to allow more flexibility in design at the Avon
Plaza.
Public Comments: Monte Park represented the sign program. Chris Neuswanger spoke as the HOA
president on the issues involved in sign types. Adreyane Kerry spoke as a hopeful
owner and tenant of B-106A. Sean with Chronic Tacos spoke as a current tenant. Gail
spoke as a hopeful owner and tenant of B-106A.
Action: Commissioner Barnes motioned to table the item pending more information and a
clearer program. Commissioner Howell seconded the motion and the motion carried
unanimously.
VIII. Work Sessions
A. Seventen Lofts
Summary: Review of updated plans for a new fifteen (15) unit condominium project at 710
Nottingham Road. The project was last reviewed by PZC in July 2015.
Action: The PZC commented on the type of land use proposed, the size of the building
proposed, and the design of the potential project.
B. Garage AEC
Summary: Cursory review of an Alternative Equivalent Compliance (AEC) application related to a
garage addition and relief to Section 7.28.090(i)(2), Single-Family and Duplex
Garages, and Section 7.28.090(c)(4)(ii), Roof Overhangs, Avon Development Code.
Action: The PZC commented on the design, location, and other potential issues relating to
the potential project.
2
B. Landscaping Code Text Amendment
Summary: Staff seeks direction for potential changes to Section 7.28.050, Landscaping, Avon
Municipal Code.
Action: The PZC gave guidance on the type of changes proposed and encouraged further
study of certain aspects before staff finalizes the changes.
IX. Minor Development Plan – Landscaping Modifications
File: MNR17021
Legal Description: Lot 7 Western Sage Subdivision
Applicant: Buz Reynolds
Summary: Proposal to modify planted tree location, and retaining wall design (as constructed).
Action: Commissioner Barnes motioned to table the item so the applicant could represent
himself at a future date. Commissioner Golembiewski seconded the motion and the
motion carried unanimously.
X. Approval of Meeting Minutes
June 6, 2017 Meeting Minutes
Action: Commissioner Howell motioned to approve the meeting minutes and Commissioner
Barnes seconded the motion. The motion carried with a 5-0 vote, with
Commissioners Golembiewski and Nusbaum abstaining.
XI. Approval of Record of Decision
MNR17017 – Beaver Creek Blvd Streetscape
Action: Commissioner Barnes motioned to approve the Record of Decision and
Commissioner Glaner seconded the motion. The motion carried with a 5-0 vote, with
Commissioners Golembiewski and Nusbaum abstaining.
XII. Staff Approvals
MNR17019 – Minor Development Plan for 10 Stonebridge Drive.
Summary: Eaglebend Apartments approval to modify exterior materials/colors to twenty (20)
apartment buildings.
MNR17018- Minor Development Plan for 4274 Wildridge Road West.
Summary: Deck addition with stairs.
XIII. Adjourn – The meeting was adjourned at 10:05 pm.
Approved this 18th Day of July, 2017
SIGNED:
_______________________
Lindsay Hardy, Chairperson