PZC Packet 1107171 Agenda posted on Friday, November 3, 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, November 7, 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 for special requests.
I. Call to Order – 5:00pm
II. Roll Call
III. Additions & Amendments to the Agenda
IV. Conflicts of Interest
V. Master Sign Program Update – 230 Chapel Place
File: SGN17011
Legal Description: Tract B2 Block 2 Benchmark at Beaver Creek
Applicant: Monte Park
Summary: Application to allow a single tenant of 230 Chapel Place to have additional sign area.
VI. Special Review Use – 228 and 238 West Beaver Creek Boulevard - PUBLIC HEARING
File: SRU15004
Legal Description: Lot 37 A&B Lot 38 A&B Block 2 Benchmark at Beaver Creek
Applicant: Todd Roehr
Summary: Application to extend the Bed and Breakfast use in perpetuity.
VII. Rezoning – Town of Avon Zoning Map - PUBLIC HEARING
File: REZ17003
Legal Description: Town of Avon
Applicant: Town of Avon
Summary: Update of the Avon Zoning Map.
VIII. Appointment of PZC member to the Village (at Avon) Design Review Board
Summary: A member of the PZC is authorized to serve on the Village (at Avon) DRB; with the
departure of Commissioner Bonidy there is a current vacancy.
IX. Approval of Minutes from October 17, 2017 Meeting
X. Approval of Record of Decisions
• TMP17003 – Temporary parking on Lot 3, Block 1, Benchmark at Beaver Creek Subdivision
• PUD17002 – Minor PUD Amendment for Lots 4-7, Riverfront Subdivision
• REZ17002 – Short Term Rental Overlay District for Nottingham Road
• VAR17002 – Variance to Solar PV Regulations for Lot 4, Wildridge Acres
• SRU17002/MNR17050 – Special Use Permit and Minor Design for 2 live/work Units on Lot 12, Block 1,
Benchmark at Beaver Creek Subdivision
2 Agenda posted on Friday, November 3, 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.
XI. Staff Approvals
• SGN17012 – Dominos Sign Design at 51 Beaver Creek Place
• MNR17052 – Solar Panels at 2680 Beartrap Road
• MNR17051 – Landscape modification at 5040 Wildridge Road East
XII. Adjourn
November 7, 2017 Planning and Zoning Commission Meeting
Chapel Square Master Sign Program Amendment
Page | 1
Staff Report – Sign Program Amendment
Meeting Date:
Project Name:
November 7, 2017
SGN17011
Zoning: PUD
Address: 230 Chapel Place
Location:
Prepared By:
Tract B2 Block 2, Benchmark at Beaver Creek
David McWilliams, Town Planner
Summary
Monte Park (the Applicant) is presenting an updated Sign Program proposal for the Chapel Square
property. The new Program is included as Exhibit A, and includes changes only to the current
Vail Health building. The proposed changes allow the building, when occupied with a single tenant
as it is now, to be treated like an individually occupied building per town sign code. That is, the
current Sign Program treats the building as if it had multiple tenants with individual signs over the
individual entrances.
The application proposes two “fronts” for the building – one on
the west facing the Pier One lot, and one on the north, facing
Chapel Place. According to Avon Municipal Code, a building
front means, “the lineal distance along the exterior face of a
structure housing an individual business or businesses that is
adjacent to and most nearly parallel to a lot front. A building
shall be considered to have as many building fronts as the
property upon which it is situated has lot fronts.” Staff is
concerned with the applicant’s assessment that this building has
a front facing west and a front facing north.
Currently, the building is permitted four (4) cabinet signs above each entrance, measuring 2’x10’
with an elliptical design. The building now has only two (2) signs identifying the public entrance.
The new MSP proposes to generally adhere to the AMC section 15.28.080, Sign Allowance, which
states,
Signs are permitted as follows:
(1) Individual business lot sign. Sign or signs shall not exceed one (1) square foot of sign area
per lineal foot of building front…
(3) Multiple signs. More than one (1) sign may be permitted, in writing, by the Planning and
Zoning Commission, provided the total sign area does not exceed the total allowed for the
lot or building.
On the west side, the proposal calls for the maintenance of the two elliptical signs and the addition
of a single building identity sign reading “Urgent Care” and containing a “+” symbol and the Vail
Health logo. The applicant calculated the total sign square footage by measuring these three items
separately. The standard for measuring, found in AMC section 15.28.020, states,
Sign area means the entire surface within a single continuous perimeter enclosing the extreme
limits of writing, representation, emblem or any figure or a similar character, together with any
material or color forming an integral part of the display or used to differentiate the sign from the
background against which it is placed.
November 7, 2017 Planning and Zoning Commission Meeting
Chapel Square Master Sign Program Amendment
Page | 2
This definition puts the sign as applied for slightly above the maximum square footage that would
be allowed in a single occupant building outside of a Sign Program. This excess , while slight, is not
supported by staff and is included as a condition to the approval of this application. Furthermore, it
may be specious to consider the west side to have a lot front.
On the north side, the sign aligns with the AMC standards and is 63 square feet for the 65-linear
foot frontage. However, the scale proposed may not be compatible with other signs within the
property.
Review Criteria
According to the AMC, the Planning and Zoning Commission shall consider the following items
in reviewing proposed programs:
a. Sign programs shall be compatible with the site and building, and should provide for a
similarity of types, sizes, styles and materials for signs within a project. Several alternatives
for signage should be included in the program so as not to be so restrictive as to eliminate
individuality.
b. Sign programs may be proposed or changed only by the owners of the building or the
owners' association. Sign program changes or proposals may not be made by an individual
business.
c. Proposed signs, not in accordance with an approved sign program, will only be considered
by the Planning and Zoning Commission upon receipt of written evidence that the proposed
sign is acceptable to the owners of the building or the owners' association.
d. All sign programs shall be in written and plan form. Plans shall indicate size, location, type
and number of signs for the site and buildings.
e. Programs may include limitations on wording, colors, design, lighting, materials and
other restrictions, and deemed appropriate by the applicant.
Staff Response:
The Sign Program amendment does not appear compatible with the site and the
building. Sign programs generally permit an excess of sign area for local businesses ,
however, the sign scale proposed on this property does not align with other businesses
and buildings on the property . For example, the “big box” stores are limited to 33
square feet for the first 33 linear feet and then 1/3 square after that – leading to smaller
square footage than proposed here. While staff is sympathetic to the potential need for
more flexibility for individual occupants at this site, the proposed changes are not
commensurate with the rest of the sign program.
Recommended Motion:
“I move to deny Case #SGN17011, a Sign Program Amendment application with the finding as
recommended by staff.”
Finding:
1. The Application was reviewed in conformance with Section 15.28, Sign Code, and found to
not be in conformance with the design review criteria outlined in Section 15.28.070, Avon
Municipal Code.
November 7, 2017 Planning and Zoning Commission Meeting
Chapel Square Master Sign Program Amendment
Page | 3
Attachments
(A) Sign Program (Proposed)
(B) Excerpts from Original Sign Program
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment B
Attachment B
Attachment B
Attachment B
Attachment B
Attachment B
November 7, 2017 Planning and Zoning Commission Meeting
228 and 238 Beaver Creek Boulevard Bed and Breakfast application Page | 1
Staff Report
Case #SRU15004 Special Use Review
November 7, 2017 Planning & Zoning Commission Meeting
Introduction
Todd Roehr (the Applicant) is requesting an extension of the Special Review Use (SRU) Permit
given to allow a Bed and Breakfast establishment on his properties. During the original application
process in 2016, PZC conditioned the application to be valid for three (3) years. Applicants are
required to re-submit conditioned SRUs before the timeframe expires. This application would
extend the SRU indefinitely.
Site Description
The Properties are zoned Residential Duplex (RD)
and according to the Avon Municipal Code (AMC)
the RD zone district “is established to
accommodate single-family and duplex residential
development either as single neighborhoods of
similar units or in a development with a mix of unit
types. This district implements both the residential
low density and residential medium density
classifications of the Avon Future Land Use Plan
and should be located along a local road.” Land
Use Table 7.24-1 of the AMC refers Bed and
Breakfast uses in the RD zone district to SRU
process.
Original Approval
The original approval, partially included as Attachment B, conditioned the approval based on
compliance with the building permitting process and addressed specific concerns over parking and
operations. Since approval, staff has not received any feedback regarding these concerns or any
other issues relating to the Bed and Breakfast use of the property. By all accounts, the property is
operating smoothly in this capacity. However, the property did not become fully functional until
Spring, 2017 and staff is hesitant to assume that all potential issues written as conditions in the SRU
approval could have been realized at this point.
Avon Municipal Code Review Standards:
• §7.16.100 – Special Review Use
• §7.24.060 – Special Review Uses
Project type Special Use Review
Public Hearing Required Not Required
Legal Description
Zoning
Lot 37A and B; Lot 36A and B Block 2, Benchmark at Beaver Creek
Residential Duplex
Address 228 and 238 West Beaver Creek Boulevard
Prepared By David McWilliams, Town Planner
November 7, 2017 Planning and Zoning Commission Meeting
228 and 238 Beaver Creek Boulevard Bed and Breakfast application Page | 2
Special Use Review
Special Use Reviews are regulated in AMC 7.16.100 and, “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.”
Review Criteria. The PZC shall use the following review criteria as the basis for a decision on an
application for a special review use:
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: General Comprehensive Plan references to housing are found below:
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.
The property is located within District 9: Valley Residential District. One Planning Principle was
found to be related to this application:
• Encourage high quality redevelopment consistent with the land use regulations.
Staff reviewed the proposal according to the Municipal Code standards listed above and found no
conflicts.
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: “Bed and Breakfast” is permitted as a Special Review Use in the RD zone district.
PZC’s conditions from the original approval in 2016 should be reevaluated for compliance at this
point.
3) The proposed use is compatible with adjacent uses in terms of scale, site design and
operating characteristics;
Staff Response: PZC’s concern with the site design led to the condition that all guest vehicles be
accommodated on the property. The applicant has demonstrated that since opening, the parking
area is adequately functioning for guests, operators, and service vehicles.
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;
November 7, 2017 Planning and Zoning Commission Meeting
228 and 238 Beaver Creek Boulevard Bed and Breakfast application Page | 3
Staff Response: To this point, the use has had negligible impacts on traffic generation, lighting,
noise, odor, dust, and other external impacts.
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: The Bed and Breakfast are currently served by all applicable utilities and services,
including police and fire protection.
6) Adequate assurances of continuing maintenance have been provided.
Staff Response: The applicant has expressed a deep commitment to continued maintenance of the
property and the rules in place that provide an appealing Bed and Breakfast experience. It is
anticipated that the same level of maintenance and oversight of the property will be maintained into
the future.
Recommended Motion:
“I move to approve Case #SRU15004, approving a Special Review Use permit for a Bed &
Breakfast in perpetuity at Lot 36 and Lot 37 Block 2, Benchmark at Beaver Creek Subdivision
together with staff’s recommended findings and conditions.”
Findings
1. The Application was reviewed in accordance with Sec. 7.16.100 Special Review Use and
determined to be eligible for consideration with the applicable review criteria.
2. The proposed use has a negligible impact to adjacent uses and activities, including other
short term rental properties immediately adjacent to or in the vicinity of the Properties.
Conditions
1. The owner shall ensure the duplexes are occupied with an operator.
3. The owner and/or operator shall ensure all guests, visitors, employees, owners and
operators of the Bed and Breakfast park on-site.
ATTACHMENTS:
(A) Application description
(B) Original Application site and floor plan
Mi Casa Favorita, Inc. doing business as Mein Haus Bed and Breakfast is making this application to the
Town of Avon PZC for permit in perpetuity to operate a Bed and Breakfast at 228 and 238 West Beaver
Creek Blvd, Avon, CO pursuant to Town of Avon Code 7.16.100 (f) and other applicable codes in the
Town of Avon.
The Planning and Zoning Commission (PZC) of the Town of Avon has granted permission for the above
named business to operate a Bed and Breakfast at the above noted address, with full legal Description
of the property as registered with Eagle County- Benchmark at Beaver Creek; Block 2; Lots 36A, 36B,
37A, 37B.
The business has now filled all criteria previously established by any and all Town of Avon departments
and oversight bodies and maintains good working relationships with all Town of Avon entities. To the
knowledge of the owner, this is the only entity that operates a Bed and Breakfast in the Town of Avon
having fulfilled all regulatory requirements, building code requirements, Eagle River District Fire
Marshall and PZC requests. At this time, there are numerous entities using the title Bed and Breakfast, B
& B, BnB, or BNB in the Town of Avon in various marketing and advertising formats without having gone
through the process of approval from and satisfied the demands of the Town of Avon PZC, Town of Avon
Community Development Building Inspections Services, and the Eagle River Fire District Fire Marshall.
The owner has made a public plea to the Town of Avon Council to uphold the same requirements for all
Bed and Breakfasts that the PZC has demanded and have been satisfied by this business. By going
through the PZC process and obtaining proper approvals from all regulatory bodies, the owner believes
that the PZC and Town of Avon has established a precedent for safety, oversight, respect for
internationally recognized building codes that will provide visitors to this community a high level of
quality, service and personal safety that establish the Town of Avon as an ideal place to find lodging.
Furthermore, those entities that have not fulfilled the criteria set out by the PZC place this business and
community at considerable reputational risk should one or more entities using the term Bed and
Breakfast, BnB, B&B, or similar titles endanger the lives, health or welfare of visitors to the Town of
Avon. Indeed, such an incident is known to the Fire Marshall, Town of Avon, and owner of Mein Haus
where an unregulated short term lodging establishment endangered the lives of multiple visitors to the
Town of Avon.
Compliance with Rules, SRU and PZC
Rules for a Bed and Breakfast established by the fire Marshall included placing off site monitored fire
alarms, CO detection, and retrofitting a fire suppression sprinkler system in the buildings. This has been
done and approved by the Fire marshall.
The PZC also mandated that there be on-site parking requirements @ 1 parking space per rentable room
+ 1 parking space for operator occupant. Within the Mein Haus complex there are currently 16 rentable
rooms with 18 marked parking spots on grade and an additional 4 covered spaces for a total of 22
parking spaces. There are 2 additional unmarked spaces on grade that can be used for service vehicles.
Mein Haus is occupied at all times by at least one Innkeeper (as defined by C.R.S.) as an operator of the
establishment, and the Town of Avon Community Development Building Inspections Services has
certified confirmation of adherence to water, fire and building codes. Continuing maintenance and
Attachment A
adherence to these standards is assured by the parent company, Mi Casa Favorita, Inc and its
subsidiaries.
The parking lot constructed by this company according to the guidance of the Town of Avon PZC and
Building inspection department has actually become a thoroughfare used by many people as there is no
other paved drive through structure in this part of the town. While having this structure used in such a
manner may be construed as trespass on the part of those non-guests using the parking lot in such a
fashion, the company has accepted that there is no viable way to prevent such use and has accepted
such as a hospitable concession to the many guests, visitors and residents of the Town of Avon.
Enc:
Land Development Application dated 10/11/2017
Staff Report-SRU dated 2/12/2016
Avon Final Certificate of Occupancy. Landscaping. Electric Inspections for 228 W Beaver Creek 9.19.2016
Town of Avon Final Certificate of Occupancy for238 West Beaver Creek 6.28.2017
Eric Heil memo Re: Short Term Rental Oct 29, 2015
Town of Avon Town Planner letter for Bed and Breakfast dated 8/07/15
Attachment A
Attachment B
Attachment B
Attachment B
Attachment B
PZC Findings of Fact and Record of Decision: #SRU15004 Page 1 of 1
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECCOMENDATION TO TOWN COUNCIL
DATE OF DECISION: March 14, 2016
TYPE OF APPLICATION: Special Review Use Permit
PROPERTY LOCATION: Lot 36A&B, Lot 37A&B, Block 2, Benchmark at Beaver Creek
Subdivision | 228 & 238 West Beaver Creek Blvd
FILE NUMBER: #SRU15004
APPLICANT: Todd Roehr
PROPERTY OWNER: Meinhaus, LLC & Mi Casa, LLC
These findings of fact and record of decision is made in accordance with the Avon
Development Code (“Development Code”) §7.16.020(f):
DECISION: Passed with 3‐1 vote.
FINDINGS:
(1) The Application was reviewed in accordance with Sec. 7.16.100 Special Review Use
and determined to be eligible for consideration with the applicable review criteria.
(2) The proposed use has a negligible impact to adjacent uses and activities, including
other short term rental properties immediately adjacent to or in the vicinity of the
Properties.
CONDITIONS:
(1) The Special Review Use permit is valid for three (3) years from the date of
approval and the owner shall be responsible for submitting for review and
approval by the PZC a new application to renew the Special Review Use within six
(6) months of expiration of the approved SRU permit.
(2) The owner shall ensure the duplexes are occupied with an operator.
(3) The owner and/or operator shall ensure all guests, visitors, employees, owners
and operators of the Bed and Breakfast park on‐site.
(4) Prior to commencing operation of the units, the following must occur:
a.All parking spaces and landscaping shall be complete.
b.Final written sign‐off from the Chief Building Official and Fire Department are
on file with the Community Development Department confirming compliance
with all fire and life safety requirements.
c.Evidence of tap fee payment(s) to be provided to Staff.
Attachment B
Staff Report – Special Review Use/Minor Dev/AEC
March 14, 2016 Planning & Zoning Commission Meeting
CONTINUED FROM FEBRUARY 16, 2016
Case # SRU15001, MNR15033, AEC15004
Project types Special Review Use Permit– Bed & Breakfast
Minor Development Plan – Parking and Landscaping
Alternative Equivalent Compliance -
Legal descriptions Lot 37A & 37B, Block 2, Benchmark at Beaver Creek Subdivision
Lot 36A & 36B, Block 2, Benchmark at Beaver Creek Subdivision
Zoning Residential Duplex (Short Term Rental Overlay District)
Addresses 228 A & B and 238 A & B West Beaver Creek Blvd.
Prepared By Matt Pielsticker, AICP, Planning Director
Summary
Todd Roehr (the Applicant) is requesting a Special Review Use (SRU) permit to allow the use of a Bed &
Breakfast (B&B) lodging establishment in both sides of two duplex structures. The properties are zoned
Residential Duplex (RD) and located on Lots 36 and 37, Block 2, Benchmark at Beaver Creek Subdivision
at 228 and 238 West Beaver Creek Boulevard (the Properties).
Lot 37 includes ten (10) bedrooms, ten (10) bathrooms. Lot 36 is currently finished on the South/A Side
with four (4) bedrooms and three (3) bathrooms. The South/B side has been left unfinished for several
years following damage to the unit. Building plans have been submitted for renovations to both sides
of the Lot 36 duplex and a complete remodel of the North/B Side with additional bedrooms and
bathrooms to be finished; the total for the Properties and this SRU proposal is twenty (20) bedrooms.
Site improvements including parking and landscaping are proposed with the accompanying Minor
Development Plan and Alternative Equivalent Compliance (AEC) applications. Parking modifications
include new pavement and drainage pan with added parking spaces behind the structures to bring the
total parking space total for the Properties to twenty four (24) functional parking spots. Landscaping
modifications include the removal of at least five trees for additional paved areas, and the planting of
sixteen (16) trees and various native flowers on the street frontage. The AEC request is for off-site
landscaping adjacent to the front of the project to meet the parking lot screening standards in the Avon
Development Code (ADC).
Updates
Since the February 16, 2016 public hearing, the Applicant has completed and provided auto-turn analysis
of all the parking spaces. Attached to this report are a sampling of the auto-turning studies; the full
study will be available at the meeting for review. The landscape plan is now split between an existing
conditions and proposed plan separately. Additionally, the floor plans have been updated with room
numbers and a dedicated “Operator” unit, which is located in the lower level of Mi Casa (228 West
Beaver Creek Boulevard). Please find the new attachments included and attached with this report.
Location
The properties are located on the south side of the street with direct access to the right-of-way via two
perpendicular driveway access cuts. Adjacent to the north across the street is the Greenbrier Condos
Attachment B
multi-family residential; adjacent to the south is the Beaver Creek West Condos; adjacent to the east is
the Wildfire Lodge duplex (lodging); and adjacent to the west is a residential duplex.
Avon Development Code Definition of Bed and Breakfast
Bed and breakfast means an establishment operated in a private residence or portion thereof, which
provides temporary accommodations to overnight guests for a fee and which is occupied by the operator
of such establishment.
Zoning
The Properties are zoned Residential Duplex (RD) and included in the Short Term Rental Zoning Overlay
District (STRO). According to the Avon Development Code (ADC), “properties in the STRO zone district
shall otherwise be subject to all requirements of the underlying zone district.” Land Use Table 7.24-1
specifically references a SRU for a Bed and Breakfast use in the RD zone district, if approved by the PZC.
According to the ADC, the RD zone district “is established to accommodate single-family and duplex
residential development either as single neighborhoods of similar units or in a development with a mix
of unit types. This district implements both the residential low density and residential medium density
classifications of the Avon Future Land Use Plan and should be located along a local road.”
Special Review Uses
Special Review Uses are regulated by Sec. 7.16.100 of the Avon Development Code (ADC) and provide a
discretionary approval process for uses that have unique or widely varying operating characteristics or
unusual site development features. The procedure encourages public review and evaluation of a
proposed use's operating characteristics and site development features and is intended to ensure that
the proposed use will not have a significant adverse impact on surrounding uses or on the community at
large. The PZC may approve a SRU permit in perpetuity, but may assign a shorter time as deemed
necessary.
At least thirty (30) days prior to the expiration of a SRU permit, the holder of an SRU permit may apply
for a review hearing before the PZC. The PZC could then review the use against the review criteria to
Attachment B
determine whether the SRU will be allowed to continue. If conditions of approval are not maintained, it
would be considered a violation of the ADC and subject to revocation proceedings.
Staff has determined that the proposed B&B at these locations is generally compatible with the zoning
overlay district and with existing adjacent uses comprised largely of lodging-type uses or residential
structures that permit short term rentals. Staff recommends conditional approval, with the Applicant
being required to reapply for the SRU permit after two (2) years in operation should the PZC approve
the SRU. This would provide the Town with greater assurance that the operation will not cause
excessive disruption to adjacent uses and vehicle parking will be managed by the owner and manager of
the B&B.
Comprehensive Plan Analysis
The Property is located within the Nottingham Park Residential District (District 21) of the Avon
Comprehensive Plan, identified as a low priority district. Specific Land Use Policies identified in the
Comprehensive Plan that support this application include:
• Policy C.1: Provide a balance of land uses that offers a range of housing options, diverse
commercial and employment opportunities, inviting guest accommodations, and high quality
civic and recreational facilities, working in concert to strengthen Avon’s identity as both a year-
round residential community and as a commercial, tourism and economic center.
As proposed, the Application is generally compliant with the Comprehensive Plan and provides short
term rental housing in an appropriate area of town.
Building Safety and Code Requirements
Willey Gray, Building Official for the Town of Avon in concert with the Eagle River Fire Protection District
has reviewed the proposed use and building modifications for the proposed B&B in accordance with the
Building and Fire Codes.
According to the Applicant, the units are equipped (or will be equipped in the case of Lot 38 when
construction permits are obtained) with hard-wired smoke detectors and carbon-monoxide detectors
and fire suppression (sprinkler) system is being installed. Additionally, every room has (or will have) a
functional fire extinguisher in the closet. Radon detectors are not required. These improvements bring
the intended use into compliance with building code requirements. Staff is recommending final sign-
offs from the Building Official and Fire District prior to Bed and Breakfast operations commencing.
Parking
The Properties are being reviewed concurrently since they would be sharing access and some parking
spaces. The Town code requires one (1) space per accommodation unit, but falls silent to operator
parking in the event of a Bed and Breakfast; therefore Staff has determined at least one space is
necessary for caretaker/operator unit. The total parking requirement therefore is twenty-two (21)
spaces for the Properties. There appear to be twenty four (24) functional spaces with the proposed
parking layout, if that parking layout is approved with accompanying Minor Development Plan
application. Please refer to the auto-turn studies which look at entering and exiting the spaces.
The Town requires evidence of an easement and shared use agreement for construction of new
driveways and parking lots in locations that cross property lines for the purpose of providing mutual
ingress and egress and parking. The Applicant provided an executed Driveway and Shared Use
Agreement for the arranged parking.
Attachment B
Landscaping & Alternative Equivalent Compliance
As noted, some trees would require removal in order to reconstruct the parking areas in front and
behind the structures. The Applicant has demonstrated compliance with the minimum landscaping
quantities required by the ADC. In order to meet the screening standards for parking lot landscaping
requirements as it relates to location, the Applicant is proposing trees and native vegetation to be
placed in Town Right of Way consistent with other properties in the vicinity. These trees are not
required to meet minimum quantity requirements; only for screening purposes. Site distance does not
appear to be an issue with the placement of new trees in the proposed locations.
The Landscaping modifications require review of Development Plan criteria and the AEC requires review
and conformance with its own set of criteria set by Sec. 7.16.020(f) of the Development Code.
According to code, the landscaping and parking modifications shall be reviewed as follows:
(1) Evidence of substantial compliance with the purpose of the Development Code as specified in
§7.04.030, Purposes;
Staff Response: This application is in general conformance with the Purpose statements of the
Development Code. Using the additional property for parking is an appropriate use of the land given
the intended use of the Properties for bed and breakfast operations and the resultant parking
requirements.
(2) Evidence of substantial compliance with the §7.16.090, Design Review.
Staff Response: The primary purpose of the Design Review section of the Development Code is to help
blend development into the built environment with careful thought to the location of buildings and
landscaping. With the proposing additional landscaping to buffer parking areas, the proposal appears
to fall in line with the Design Review section of code. Other properties (i.e. Avon Lake Villas), have
much more substantial areas of parking in the immediate vicinity with similar amounts of screening.
(3) Consistency with the Avon Comprehensive Plan;
Staff Response: The Property is located in District 21: Nottingham Park Residential. The planning
principles for this district include:
This Applicant is proposing to screen parking areas with additional landscaping materials and appears to
be compliant with the planning principles.
(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: There are no previously approved development plans on file with Community
Development for the Properties.
(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
Attachment B
Staff Response: As mentioned, other than the parking lot perimeter requirements in AMC §7.28.050(f),
Parking Lot Landscaping, this development plan is in compliance with the design and development
standards in the Development Code. Approval of the Development Plan for parking and landscaping is
contingent upon approval of the accompanying AEC request for perimeter landscaping.
(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: This development can be served by all services, including emergency medical and fire
protection services.
The AEC request for perimeter landscaping standards shall be reviewed in accordance with Sec.
7.16.120(d) of the Avon Development Code, as follows:
(1) The proposed alternative achieves the intent of the subject design or development standard to the
same or better degree than the subject standard;
Staff Response: The Landscape Plan appears to achieve the intent of the Parking Lot Landscaping
Standards, by softening the visual appearance of parked vehicles as viewed from West Beaver Creek
Boulevard and Interstate 70. Added ground cover and native flower species also achieve the intent of
these standards. Please refer to the attached landscape plan and unit breakdown summary provided by
the Applicant.
(2) The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the
same or better degree than the subject standard;
Staff Response: As stated, the alternative achieves the goals and policies of the Avon Comprehensive
Plan. It is difficult to know exactly what meeting the landscape buffer requirements for perimeter
landscaping would look like with an alternative form of screening on the border of the property (i.e.
fence), but the proposal achieves the goals and policies of the Avon Comprehensive Plan. The proposal
conforms to the Planning Principles for this Residential District, which speak to buffering parking areas
with landscaping.
(3) The proposed alternative results in benefits to the community that are equivalent to or better than
compliance with the subject standard; and
Staff Response: The proposed Landscape Plan results in an equivalent benefit to the community.
(4) The proposed alternative imposes no greater impacts on adjacent properties
Staff Response: As stated throughout, the proposed “alternative” landscape plan design does not
impose any increased impacts to adjacent properties than strict adherence to the code.
Special Review Use Review Criteria
A SRU application must meet the criteria set forth in Sec. 7.16.100 of the ADC 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 achieves Goal C.1 of the Avon Comprehensive Plan by increasing the
number and diversifying the type of guest accommodations in Town. The Applicant is compliant with all
applicable provisions of the Avon Development Code in order to permit the bed & breakfast use at this
property through an approved Special Review Use permit. Approval of the site modifications required
approval of the accompany Minor Development Plan and AEC application to meet perimeter
landscaping standards.
Attachment B
(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: The property is included in the Short Term Overlay District with RD zoning; the RD
district is intended for single family and duplex residential development either as single neighborhoods
of similar units or in a development with a mix of unit types. This particular neighborhood is a mixture
of duplex structures surrounded by higher density residential and lodging uses.
A bed & breakfast operation is permitted as a SRU if approved by the PZC. No additional use-specific
standards are applicable but the development standards within this overlay district are regulated by the
underlying (RD) zoning. The Applicant has demonstrated compliance with all applicable development
standards such as parking in addition to bringing the duplex into compliance with applicable building
codes for safety.
(3) The proposed use is compatible with adjacent uses in terms of scale, site design, and operating
characteristics;
Staff Response: As described herein, the proposed bed & breakfast use within this specific
neighborhood is compatible as the property is adjacent to similar lodging-type uses and all adjacent
properties are included in the short term rental overlay district. For example, the neighboring property
to the north (Lot 33) is a duplex structure that may rent the entire duplex as a short term rental. Avon
Lake Villas to the South is considered a high density multi-family project with on-site short term rental
management and uses.
(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: Potential nuisance issues such as noise, parking, and trash removal could be
experienced with renting any property for short term rental use. However, a bed and breakfast
operation differs from other adjacent properties who may rent their entire unit short term (i.e. a condo
at Greenbrier across the street) as an on-site manager is required and customary for this type of use. In
compliance with the definition of a Bed and Breakfast, the Applicant shall ensure the use is operator-
occupied to mitigate any potential impacts as a result of the use including parking, lighting, noise, odor,
dust and any other such external impacts.
(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: The Applicant is retrofitting the duplexes to all currently applicable building and fire
codes within existing buildings that are currently serviced with all utilities, police and fire protection. If
approved by the PZC, the Bed and Breakfasts should have a negligible impact on these utilities and
services over that of a standard residence.
(6) Adequate assurances of continuing maintenance have been provided.
Staff Response: The applicant is proposing that the bed and breakfast will have an on-site operator to
ensure effective management of the operation.
Attachment B
Staff Recommendations
1) Staff recommends that the PZC hold a public hearing and take action to approve Case
#SRU15001, approving a Special Review Use permit for a Bed & Breakfast with findings and
conditions as listed:
Findings
1. The Application was reviewed in accordance with Sec. 7.16.100 Special Review Use and
determined to be eligible for consideration with the applicable review criteria.
2. The proposed use has a negligible impact to adjacent uses and activities, including other
short term rental properties immediately adjacent to or in the vicinity of the Properties.
Conditions
1. The Special Review Use permit is valid for two (2) years from the date of approval and the
owner shall be responsible for submitting for review and approval by the PZC a new
application to renew the Special Review Use within six (6) months of expiration of the
approved SRU permit.
2. The owner shall ensure the duplexes are occupied with an operator.
3. The owner and/or operator shall ensure all guests, visitors, employees, owners and
operators of the Bed and Breakfast park on-site.
4. Prior to commencing operation of the units, the following must occur:
a. All parking spaces and landscaping shall be complete.
b. Final written sign-off from the Chief Building Official and Fire Department are on file
with the Community Development Department confirming compliance with all fire
and life safety requirements.
c. Evidence of tap fee payment(s) to be provided to Staff.
2) Staff recommends that the Planning and Zoning Commission take action to approve Case
#MNR15033 and Case #AEC15004, thereby approving a Minor Development Plan and AEC application
for parking and landscaping improvements as follows:
Finding
1. The Application is in conformance with the Minor Development Plan review criteria and AEC
review criteria in AMC §7.16.020(f) and §7.16.120(d) respectively.
Conditions
1. Exterior modifications shall be complete prior to the B&B operation commencing.
Attachments
Vicinity Map
Application Narratives – Dated March 15 (Updated) & February 3
Landscape Unit Summary
Floor Plans & Landscape Plans
Auto-turn examples
Short Term Rental Overlay District Map
Public Comment
Attachment B
MEMORANDUM
Zoning Map Amendment Memo
TO: The Planning and Zoning Commission
FROM: David McWilliams, Town Planner
DATE: November 7, 2017 Meeting
RE: Amendment and Update of the Town of Avon Official Zoning Map
Background
Amending the Official Zoning Map is a required follow-up step codified in the Development
Code to account for adopted zoning amendments and other changes since the last amendment to
the map which took place in 2011. This public hearing before the Planning and Zoning
Commission will consider all comments and materials provided on this matter prior to making its
recommendation to Town Council.
Process
Section 7.20.030(b) Zone Districts and Official Zoning Map, requires changes made in zone
district boundaries or other items to be portrayed on the Official Zoning Map. Section 7.16.050
of the Avon Municipal Code sets forth procedures and criteria for changes to zoning
classifications.
Summary
Pursuant to Section 7.20.030 Zone Districts and Official Zoning Map, the Official Zoning Map
has been updated to reflect the following previously adopted zoning amendments and the new
zone district classifications approved with the adoption of the Avon Development Code:
• TC Ord. No. 2013-05 Wildridge Point Minor PUD Amendment Minor Subdivision
• TC Ord. No. 2013-06 Brookside Park Final PUD
• TC Ord. No. 2015-03 Amending the Avon Comprehensive Plan and Rezoning Lot 1A,
Buck Creek PUD to the Mixed-Commercial Zone District
• TC Ord. No. 2015-04 Amending the Avon Comprehensive Plan and Rezoning Lot 1B,
Buck Creek PUD to the Public Facilities Zone District
• TC Ord. No. 2015-06 A Rezoning of Lot B, Avon Center Subdivision, From PUD to
Town Center (TC) Zone District
• TC Ord. No. 2016-04 Annexing the Mountain Star Tank Site Property
• TC Ord. No. 2016-05 Amend the Town Comprehensive Plan and Rezoning Application
for the Mountain Star Tank Site Property
• TC Ord. No. 2016-13 Rezoning Lots 1, 2A, 2B, 2C, 3, and 5, Mountain Vista Resort
Subdivision, Avon, Colorado From Planned Unit Development to Town Center
• TC Ord. No. 2017-02 Rezoning Lot 4, Mountain Vista Resort Subdivision to Public
Facilities
• TC Ord. No. 2017-11 Annexing the East Avon Preserve Property
• TC Ord. No. 2017-13 Approving Public Facilities and Parks Zoning for the East Avon
Preserve Property
The look and feel of the map has been updated as it is now produced with the ArcGIS program
which is tied to the Town’s parcel layers. A topographic background was added for context,
including waterways, and Interstate 70. Another major change was the deletion of the “PUD
Zoning Map Amendment Memo
Open Space” zone district as it was not found to be a legal zone district and rather a land use
category more appropriate for the Town’s Existing/Proposed land use map. A number of other
minor technical changes were made to the map to an accurate state for adoption.
Review Criteria
ADC Section 7.16.050(c) establishes eleven criteria which shall be used by the Planning and
Zoning Commission to evaluate changes to zoning classifications. These criteria were used for
the above-mentioned zoning amendments since 2011. Updating the map itself is perfunctory
step in the process.
(1) Evidence of substantial compliance with the purpose of the Development Code;
(2) Consistency with the Avon Comprehensive Plan;
(3) Physical suitability of the land for the proposed development or subdivision;
(4) Compatibility with surrounding land uses;
(5) Whether the proposed rezoning is justified by changed or changing conditions in the
character of the area proposed to be rezoned;
(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;
(7) Whether the rezoning is consistent with the stated purpose of the proposed zoning 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, stormwater management, wildlife and
vegetation, or such impacts will be substantially mitigated;
(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;
(10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as
reflected in the approval of the applicable PUD; and
(11) Adequate mitigation is required for rezoning applications which result in greater intensity
of land use or increased demands on public facilities and infrastructure.
Recommendation
Staff recommends that the Planning and Zoning Commission approve the attached Findings of
Fact and Recommendation to Town Council, documenting a recommendation of approval of the
updates to the zoning classification of certain properties and approval of updates to the official
zone district map of the Town of Avon.
Attachments
A: Findings and Record of Decision
B: Town of Avon Zoning Map - Draft
PZC Findings of Fact and Recommendation: #REZ17003 Page 1 of 1
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECOMMENDATION TO TOWN COUNCIL
DATE OF DECISION AND
FINDINGS APPROVED: November 7, 2017
TYPE OF APPLICATION: Rezoning
PROPERTY LOCATION: Town of Avon
FILE NUMBER: #REZ17003
APPLICANT: Town of Avon
This decision is made in accordance with the Avon Development Code §7.16.050:
DECISION: Recommendation to approve the amendment of the Official Zoning Map of the Town of Avon with the following findings of fact:
FINDINGS: 1.The Application was reviewed in accordance §7.16.050, Rezonings, AvonDevelopment Code, as outlined in the staff report for the October 17, 2017 public hearing.
THESE FINDINGS OF FACT AND RECORD OF RECOMMENDATION ARE HEREBY
APPROVED:
BY:______________________________________ DATE: ___________________ PZC Chairperson
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Town of Avon Zoning Districts
Residential Duplex
Residential Low Density
Residential Medium Density
Residential High Density
Residential High Density Commercial (retired)
Neighborhood Commercial
Shopping Center (retired)
Mixed Use Commercial
Town Center
Light Industrial and Commercial
Public Facility
Park
Open Space, Landscaping and Drainage
Planned Unit Development
Short Term Rental Overlay
Avon Town Boundary
Roads
Railroad
I-70
Rivers and Lakes
This map was produced by the Community Development Department.
Use of this map should be for general purposes only.
Town of Avon does not warrant the accuracy of the data contained herein.
Phone - 970-748-4030
Fax - 970-949-5749
http://www.avon.org/communitydevelopment
0 1,000 2,000500
Feet
TOWN OF AVON ZONING MAP
1 Meeting Minutes for Tuesday, October 17, 2017 PZC Meeting
Planning & Zoning Commission
Meeting Minutes
Tuesday, October 17, 2017
I. Call to Order
The meeting was called to order by Chairperson Hardy at 5:03pm.
II.Roll Call
All Commissioners were present except for Commissioner Nusbaum.
III.Additions & Amendments to the Agenda
There were no changes to the agenda.
IV.Consent Agenda:
A.Sign Design – 51 Beaver Creek Place
File: SGN17010
Legal Description: Lot 69, Block 2, Benchmark at Beaver Creek Subdivision
Applicant: Frankie Sheridan
Summary: Sign Design that does not match the property’s Sign Program.
B. September 19, 2017 Meeting Minutes
Action: Commission Minervini made a motion to move Item IV.A to the regular agenda after Item V;
Commissioner Barnes seconded the motion and the motion passed unanimously 6-0.
Commissioner Howell motioned to move Item IV.B to the end of the agenda. Commissioner Minervini
seconded the motion and it passed with a 5-0 vote; Commissioner Barnes abstained from voting due to his
absence from the September 19, 2017 meeting.
V. Conflicts of Interest
There were no conflicts of interest disclosed.
(VI.A. Sign Design – 51 Beaver Creek Place) – MOVED FROM CONSENT AGENDA
File: SGN17010
Legal Description: Lot 69, Block 2, Benchmark at Beaver Creek Subdivision
Applicant: Frankie Sheridan
Summary: Sign Design that does not match the property’s Sign Program.
Action: Commissioner Howell made a motion to approve the application with the following
findings conditions:
Findings:
1. The individual sign was reviewed in accordance with §15.28.080(16), Sign Programs,
and found to be in conformance with the recommendations and requirements of the
Sign Code;
2. The design of the proposed sign complies with the review criteria set forth in
§15.28.060, Sign Design Guidelines, of the Avon Municipal Code;
3. The proposed sign is compatible with the site and provides consistent quality and
aesthetics to other improvements in the 51 Beaver Creek Place retail plaza.
Condition:
1. A new Master Sign Program will be required for any future signage on the property.
2 Meeting Minutes for Tuesday, October 17, 2017 PZC Meeting
Commissioner Barnes seconded the motion and it passed unanimously 6-0.
VI. Temporary Use Application: Construction Parking - PUBLIC HEARING
File: TMP17003
Legal Description: Lot 3, Block 1, Benchmark at Beaver Creek
Applicant: Schaefer Hyde Construction
Summary: Proposal to park up to ten vehicles on partially improved area through November 15,
2017.
Public Comments: There were none.
Action: Commissioner Glaner made a motion to approve the application for temporary use
with the following findings and conditions:
Findings:
1. The application generally complies with §7.28.100(3) of the Avon Municipal Code and
is eligible as a “Minor” Temporary Use until November 21, 2017.
2. The temporary use complies with all applicable Review Criteria and is not detrimental
to property or improvements in the surrounding area.
Conditions:
1. Temporary erosion control including Straw Bales and Silt Fence will be maintained to
mitigate damage from vehicles.
2. Roadways will be kept clean.
3. Areas of disturbance will be revegetated as the season permits.
4. No parking will be allowed upon vacation of construction related vehicles.
Commissioner Barnes seconded the motion and it passed unanimously 6-0.
VII. Preliminary PUD (Major Amendment) Village at Avon PUD - PUBLIC HEARING
File: PUD17001
Legal Description: Lot 1, Filing 1, Village at Avon
Applicant: Harvey Robertson
Summary: Proposal to increase density in Planning Area F from 18 dwelling unit/ acre to 25
dwelling units per acre; and removal of mixed use requirements for same area.
Public Comments: Tamra Underwood, Hurd Lane, requested PZC focus particularly on criteria 1, criteria
3 Comprehensive Plan, Criteria 4 Utilities (i.e. water tank), Criteria 6 (affordable
housing).
Helen Miller spoke about the limited resources of the Town and this developments
impacts on the Town.
Glen Hanson, Chapel Square, appreciated more time to review the proposal.
Action: Commissioner Minervini questioned the severability of tracts within PUD and
requested that the Town Attorney be present at the next meeting.
Commissioner Minervini made a motion to continue the application and public
hearing to the November 21, 2017 meeting; Commissioner Golembiewski seconded
the motion. The motion passed unanimously with a 6-0 vote.
VIII. Minor PUD Amendment – Riverfront PUD - PUBLIC HEARING
File: PUD17002
Legal Description: Riverfront Subdivision
Applicant: East West Resorts Development XIV, L.P., L.L.L.P.
Summary: Minor PUD Amendment affecting lots 4-7 of the Riverfront Subdivision, which
includes all property west of the Timeshare West building. The amendment would
allow greater flexibility with building placement, while maintaining density standards.
3 Meeting Minutes for Tuesday, October 17, 2017 PZC Meeting
The original request for a reduction in parking proportion from 1.2 per dwelling unit
to 1 was withdrawn during the hearing process.
Public Comments: There were none.
Action: Commissioner Barnes made a motion to recommend approval to Town Council with
the following findings and conditions:
Findings:
1. The Application meets the eligibility requirements for a Minor PUD Amendment by
not increasing density, increasing the amount of nonresidential land use, or
significantly altering any approved building scale and mass of the development.
2. The PUD Amendment does not change the character of the development and
maintains the intent and integrity of the Riverfront PUD.
3. The Application is in conformance with §7.16.060(e)(4), Review Criteria, AMC, and
compared to the underlying zoning, the Minor PUD Amendment is not likely to result
in significant adverse impacts upon the natural environment.
Conditions:
1. Easement(s) for a trail connection from the Eagle Valley Regional Trail to Riverfront
Lane will be provided concurrent with the first Development Plan proposal for Lot 4.
2. Two (2) units in the Condominium Building, each a minimum of 800 sq. ft., will be
permanently deed restricted to employees working full time in Eagle County for an
Eagle County employer by form approved by Town of Avon. Deed restrictions must
be executed prior to temporary Certificate of Occupancy (TCO) of the Condominium
Building.
Commissioner Glaner seconded the motion and it passed unanimously 6-0.
IX. Rezoning – Short Term Rental Overlay (STRO) - Nottingham Road Residential Area - PUBLIC HEARING
File: REZ17002
Legal Description: Lots 6-9; 43-51; 70 and 70a, Block 1, Benchmark at Beaver Creek Subdivision
Applicant: Town of Avon
Summary: Rezoning to apply the STRO district to residential properties on Nottingham Road.
This application was initiated by the Avon Town Council at the recommendation of
the Planning and Zoning Commission.
Public Comments: Nancy Adam’s written comment opposing the application was distributed and noted
for the record.
Kevin Hyatt and Kristen McKnight spoke in support.
Action: Commissioner Barnes made a motion to recommend that the Council approve the
application with the following Findings:
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 October
17, 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; and
3. Short term rentals on the corridor would be compatible and pose negligible impacts
upon the current and future potential uses of neighboring properties.
Commissioner Glaner seconded the motion and it passed with a 4-2 vote with
Commissioners Howell and Minervini opposed.
4 Meeting Minutes for Tuesday, October 17, 2017 PZC Meeting
X. Variance - Solar PV Regulations – 2809 Shepherd Ridge - PUBLIC HEARING
File: VAR17002
Legal Description: Lot 4, Wildridge Acres Subdivision
Applicant: Bob Matarese
Summary: Application to build ground mounted solar panels and not “maximize” the
construction of roof mounted solar, as required by code.
Public Comments: There were no comments.
Action: Commissioner Minervini made a motion to approve the application with the
following 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. Granting the variance will not be detrimental to the public health, safety or welfare or
materially injurious to properties or improvements in the vicinity;
4. The variance is warranted because the strict, literal interpretation and enforcement
of the roof maximization regulation would result in practical difficulty inconsistent
with the objectives of the Development Code;
5. The ground mounted panel location will be down a steep slope and minimally visually
impactful to the community;
6. The project scope of net neutral energy usage is the maximum practical solar array to
permit without roof maximization;
7. Use of solar on the existing structure could be detrimental on existing mature
vegetation; and
8. The property is adjacent to publicly owned open space.
Commissioner Barnes seconded the motion and it passed unanimously 6-0.
XI. Special Review Use & Minor Development Plan – Live/ Work Units – 431 Metcalf Rd - PUBLIC HEARING
Files: SRU17002 and MNR17050
Legal Description: Lot 12, Block 1, Benchmark at Beaver Creek Subdivision
Applicant: Jeff Manley
Summary: Application to construct two (2) housing units within the Avon Mini Storage building.
Public Comments: There were no comments.
Action: Commissioner Golembiewski made a motion to approve SRU17002 with the following
findings and conditions:
Findings:
1. The Application was reviewed and found to be in conformance with the provisions
and procedures outlined in §7.16.100, Avon Municipal Code; and
2. Live/ work units are supported by the Comprehensive Plan goals and policies, as
outlined in Staff’s Report.
Conditions:
1. The live/work units will be leased to employee(s) primary employed and working
within Avon; and
2. The units may not be subdivided.
Commissioner Glaner seconded the motion and it passed with a 6-0 vote.
5 Meeting Minutes for Tuesday, October 17, 2017 PZC Meeting
Action: Commissioner Barnes made a motion to approve MNR17050 with the following
finding:
1. The Application was reviewed and found to be in conformance with the provisions
and procedures outlined in §7.16.080, Avon Municipal Code.
Commissioner Minervini seconded the motion and it passed unanimously 6-0.
(V.B. September 19, 2017 Meeting Minutes) – MOVED FROM CONSENT AGENDA
Action: Commissioner Minervini motioned to approve the meeting minutes with
modifications. Commissioner Howell seconded the motion and it passed
unanimously with 5-0 vote; Barnes abstained due to his absence from the September
19, 2017 meeting.
XII. Staff Approvals
• MNR17049 - Garage color change at 2250 Old Trail
• MNR17047 - Tree removal at 2909 June Creek Trail
• MNR19039 - Addition and deck addition at 5780 E. Wildridge
XIII. Adjourn
Action: The meeting was adjourned at 8:55pm
Approved this 7th Day of November 2017
SIGNED: ___________________________________________
Lindsay Hardy, Chairperson
PZC Record of Decision: #TMP17003 Page 1 of 1
PLANNING AND ZONING COMMISSION
RECORD OF DECISION
DATE OF DECISION: October 17, 2017
FINDINGS APPROVED: November 7, 2017
TYPE OF APPLICATION: Temporary Use Permit
PROPERTY LOCATION: Lot 3 Block 1 Benchmark at Beaver Creek
FILE NUMBER: #TMP17003
APPLICANT: Dennis Thompson
This decision is made in accordance with the Avon Development Code §7.24.080:
DECISION: Approved with the following findings and conditions:
Findings: 1. The application generally complies with §7.24.100(3) of the Avon Municipal Code and is eligible as a “Minor” Temporary Use until November 21, 2017. 2. The temporary use complies with all applicable Review Criteria and is not detrimental to property or improvements in the surrounding area.
Conditions: 1. Temporary erosion control including Straw Bales and Silt Fence will be maintained to mitigate damage from vehicles. 2. Roadways will be kept clean. 3. Areas of disturbance will be revegetated upon vacation. 4. No parking will be allowed upon vacation of construction related vehicles.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________ PZC Chairperson
PZC Record of Decision: #PUD17002 Page 1 of 1
PLANNING AND ZONING COMMISSION
RECORD OF DECISION
DATE OF DECISION: October 17, 2017
FINDINGS APPROVED: November 7, 2017
TYPE OF APPLICATION: Minor PUD Amendment
PROPERTY LOCATION: Lot 4-7 Riverfront Subdivision
FILE NUMBER: #PUD17002
APPLICANT: Jim Telling with East West Resorts This decision is made in accordance with the Avon Development Code §7.16.060:
DECISION: Approved with a withdrawal of the parking reduction including the following findings:
FINDINGS: 1. The Application meets the eligibility requirements for a Minor PUD Amendment by not increasing density, increasing the amount of nonresidential land use, or significantly altering any approved building scale and mass of the development; 2. The PUD Amendment does not change the character of the development and maintains the intent and integrity of the Riverfront PUD; and 3. The Application is in conformance with §7.16.060(e)(4), Review Criteria, AMC, and compared to the underlying zoning, the Minor PUD Amendment is not likely to result in significant adverse impacts upon the natural environment.
CONDITIONS: 1. Easement(s) for a trail connection from the Eagle Valley Regional Trail to Riverfront Lane will be provided concurrent with the first Development Plan proposal for Lot 4; and 2. Two (2) units in the Condominium Building, each a minimum of 800 sq. ft., will be permanently deed restricted to employees working full time in Eagle County for an Eagle County employer by form approved by Town of Avon. Deed restrictions must be executed prior to temporary Certificate of Occupancy (TCO) of the Condominium Building.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________ PZC Chairperson
PZC Findings of Fact and Recommendation: #REZ17002 Page 1 of 1
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECOMMENDATION TO TOWN COUNCIL
DATE OF DECISION: October 17, 2017
FINDINGS APPROVED: November 7, 2017
TYPE OF APPLICATION: Rezoning
PROPERTY LOCATION: Lots 6-9; 43-51; 70 and 70a, Block 1, Benchmark at Beaver Creek Subdivision
FILE NUMBER: #REZ17002
APPLICANT: Town of Avon This decision is made in accordance with the Avon Development Code §7.16.050:
DECISION: Recommendation to approve the addition of the Short Term Rental Overlay on Nottingham Road with the following findings of fact:
FINDINGS: 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 October 17, 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 properties, while at the same time conserving the value of the investments of owners of property in Town; and 3. Short term rentals on the corridor would be compatible and pose negligible impacts upon the current and future potential uses of neighboring properties.
THESE FINDINGS OF FACT AND RECORD OF RECOMMENDATION ARE HEREBY
APPROVED:
BY:______________________________________ DATE: ___________________ PZC Chairperson
PZC Record of Decision: #VAR17002 Page 1 of 1
PLANNING AND ZONING COMMISSION
RECORD OF DECISION
DATE OF DECISION: October 17, 2017
FINDINGS APPROVED: November 7, 2017
TYPE OF APPLICATION: Variance
PROPERTY LOCATION: Lot 4 Wildridge Acres
FILE NUMBER: #VAR17002
APPLICANT: Bob Matarese This decision is made in accordance with the Avon Development Code §7.16.110:
DECISION: Approved with the following findings:
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. Granting the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; 4. The variance is warranted because the strict, literal interpretation and enforcement of the roof maximization regulation would result in practical difficulty inconsistent with the objectives of the Development Code; 5. The ground mounted panel location will be down a steep slope and minimally visually impactful to the community; 6. The project scope of net neutral energy usage is the maximum practical solar array to permit without roof maximization; 7. Use of solar on the existing structure could be detrimental on existing mature vegetation; and 8. The property is adjacent to publicly owned open space.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________ PZC Chairperson
PZC Record of Decision: #SRU17002 and #MNR17050 Page 1 of 1
PLANNING AND ZONING COMMISSION
RECORD OF DECISION
DATE OF DECISION: October 17, 2017
FINDINGS APPROVED: November 7, 2017
TYPE OF APPLICATION: Special Review Use and Minor Development Plan
PROPERTY LOCATION: Lot 12 Block 1 Benchmark at Beaver Creek Subdivision
FILE NUMBER: #SRU17002
APPLICANT: Jeff Manley
CASE# SRU17002: This decision is made in accordance with the Avon Development Code §7.16.110:
DECISION: Approved with the following findings and conditions:
FINDINGS: 1. The Application was reviewed and found to be in conformance with the provisions and procedures outlined in §7.16.100, Avon Municipal Code; and 2. Live/ work units are supported by the Comprehensive Plan goals and policies, as outlined in Staff’s Report.
CONDITIONS: 1. The live/work units will be leased to employee(s) primary employed and working within Avon; and 2. The units may not be subdivided.
CASE# MNR17050: This decision is made in accordance with the Avon Development Code §7.16.080:
DECISION: Approved with the following findings:
1. The Application was reviewed and found to be in conformance with the provisions and procedures outlined in §7.16.080, Avon Municipal Code.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________ PZC Chairperson