Loading...
PZC Packet 0319191 Agenda posted on Friday, March 15, 2019 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, March 19, 2019 100 Mikaela Way – Avon Municipal Building 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. Special Review Use – 90 Lake Street - PUBLIC HEARING File: SRU19001 Applicant: Town of Avon Property: Tract G Block 2 Benchmark at Beaver Creek Owner: Town of Avon Summary: Application to allow daycare at the recreation center during the summer to accommodate repairs at Avon Elementary School. VI. Consent Agenda A – February 19, 2019 Meeting Minutes B – MJR19002 and AEC19001 – Major Design and Development Plan Record of Decision C – MJR19003 and AEC19002 – Major Design and Development Plan Record of Decision D – CTA19001 – Code Text Amendments Record of Decision VII. Other Business A – Village at Avon Design Review Board Update (Chairperson Lindsay Hardy) B – Upcoming Vacancies: Hardy, Nusbaum, Glaner, Barnes VIII. Adjourn 1 PZC Minutes – February 19, 2019 Planning & Zoning Commission Meeting Minutes Tuesday, February 19, 2019 I. Call to Order – The meeting was called to order at 5:00pm. II. Roll Call – All commissioners were present except for Commissioner Dammeyer. III. Additions & Amendments to the Agenda – There were no additions or amendments to the agenda. IV. Conflicts of Interest – No conflicts of interest were disclosed. V. Major Design Plans and Alternative Equivalent Compliance –2177 Saddle Ridge Loop - PUBLIC HEARINGS A. North Home File: MJR19002 and AEC19001 Applicant: Jeff Manley, Martin Manley Architects Property: Lot 22A, Block 1, Wildridge Subdivision Owner: 2177 Saddle ridge Loop LLC, Brandt Marott Summary: Application for a new single-family home. An AEC was required for the roof pitch. Action: Commissioner Howell motioned approve AEC19001 with the following 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 achieves the intent of the roof design standard to the same or better degree than the subject standard; 3. The AEC achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the roof design standards, including Policy A.1.5; 4. The AEC results in benefits to the community that are equivalent to compliance with the roof design standards; and 5. By limiting the height of the building, the AEC imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Avon Development Code. Commissioner Golembiewski seconded the motion and it carried 4-2. Action: Commissioner Howell motioned to approve MJR19002 with the following Findings and Conditions: Findings: 1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review. The design meets the development and design standards established in the Avon Municipal Code; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. The demand for public services or infrastructure exceeding current capacity is mitigated by the application; and 6. The design relates the development to the character of the surrounding community. Conditions: 1. Any irrigated area located on the north side of the property shall be reseeded with native seed and removed from permanent irrigation; and 2 PZC Minutes – February 19, 2019 2. The spruce tree shall be installed so the crown does not come within ten (10) feet of the house. Commissioner Golembiewski seconded the motion and it carried 5-1. B. South Home File: MJR19003 and AEC19002 Applicant: Jeff Manley, Martin Manley Architects Property: Lot 22B, Block 1, Wildridge Subdivision Owner: 2177 Saddle ridge Loop LLC, Brandt Marott Summary: Application for a new single-family home. An AEC was required for the roof pitch. Action: Commissioner Barnes motioned approve AEC19002 with the following 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 achieves the intent of the roof design standard to the same or better degree than the subject standard; 3. The AEC achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the roof design standards, including Policy A.1.5; 4. The AEC results in benefits to the community that are equivalent to compliance with the roof design standards; and 5. By limiting the height of the building, the AEC imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Avon Development Code. Commissioner Howell seconded the motion and it carried 5-1. Action: Commissioner Barnes motioned to approve MJR19003 with the following Findings and Conditions: Findings: 1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review. The design meets the development and design standards established in the Avon Development Code; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. The demand for public services or infrastructure exceeding current capacity is mitigated by the application; and 6. The design relates the development to the character of the surrounding community. Conditions: 1. The spruce tree shall be installed so the crown does not come within ten (10) feet of the house; and 2. Windows that are approved by town staff may be added to the north elevation above the kitchen cabinet area. Commissioner Howell seconded the motion and it carried 5-1. VI. Code Text Amendments – CONTINUED PUBLIC HEARING File: CTA19001 Applicant: Town of Avon 3 PZC Minutes – February 19, 2019 Summary: Code amendments are proposed for the following items: Alternative Design (formerly Alternative Equivalent Compliance); Inclusionary Zoning; Development Bonus; Short-term Rentals; Roof Design; and Wildfire Mitigation. Public Comment: Ruth Bourne commented on the application. Action: Commissioner Barnes motioned to approve the application with the following Findings and Condition: Findings: 1. The application is complete; 2. The application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; 3. The text amendments were reviewed with the criteria listed in Avon Municipal Code Section 7.16.040(c), Review Criteria, and are found to be in substantial compliance as outlined in the staff report for the February 5 and 19, 2019 public hearings; 4. The text amendments promote the health, safety, and general welfare of the Avon Community; 5. The text amendments promote and implement the goals and policies of the Avon Comprehensive Plan; 6. The text amendments implement the Avon Community Housing Plan by providing inclusionary housing requirements for new development; 7. The text amendments promote and implement the purposes stated in the Development Code, including Section 7.04.030 (n), by achieving a diverse range of attainable housing types and price points to serve a diverse and stable full-time residential community; 8. The Lot C, Avon Center at Beaver Creek property provided twenty (20) perpetually deed-restricted dwelling units on the property at the initial stage of development, as required by the original PUD and before a rezoning took place; and 9. The text amendments are necessary and desirable to respond to changed conditions and new planning concepts. Condition: 1. Town staff and the Lot C owners will work together to recognize and offset deed restricted dwelling units in the ordinance. The motion carried unanimously 6-0. VII. Consent Agenda A – February 5, 2018 Meeting Minutes B – MJR19001 – Major Design and Development Plan Record of Decision Action: Commissioner Golembiewski motioned to approve the Consent Agenda. Commissioner Howell seconded the motion and it carried 5-0 with Commissioner Hardy abstaining. VIII. Adjourn - The meeting was adjourned at 6:40. Approved this 19th Day of March 2019 SIGNED: ____________________ Chairperson PZC Record of Decision: #MJR19002 and AEC19001 Page 1 of 2 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF DECISION: February 19, 2019 TYPE OF APPLICATION: Major Development Plan PROPERTY LOCATION: Lot 22A Block 1 Wildridge Subdivision FILE NUMBER: MJR19002 and AEC19001 APPLICANT: Jeff Manley CASE #AEC19001 This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.120(b): DECISION: Approval of the application 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 achieves the intent of the roof design standard to the same or better degree than the subject standard; 3. The AEC achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the roof design standards, including Policy A.1.5; 4. The AEC results in benefits to the community that are equivalent to compliance with the roof design standards; and 5. By limiting the height of the building, the AEC imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Avon Development Code. CASE #MJR19003 This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.080(c): DECISION: Approval of the development plan with the following findings and conditions: FINDINGS: 1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review. The design meets the development and design standards established in the Avon Municipal Code; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. The demand for public services or infrastructure exceeding current capacity is mitigated by the application; and 6. The design relates the development to the character of the surrounding community. PZC Record of Decision: #MJR19002 and AEC19001 Page 2 of 2 CONDITIONS: 1. Any irrigated area located on the north side of the property shall be reseeded with native seed and removed from permanent irrigation; and 2. The spruce tree shall be installed so the crown does not come within ten (10) feet of the house. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ PZC Chairperson PZC Record of Decision: #AEC19002 and MJR19003 Page 1 of 2 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF DECISION: February 19, 2019 TYPE OF APPLICATION: Major Development Plan PROPERTY LOCATION: Lot 22B Block 1 Wildridge Subdivision FILE NUMBER: MJR19003 and AEC19002 APPLICANT: Jeff Manley CASE #AEC19002 This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.120(b): DECISION: Approval of the application 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 achieves the intent of the roof design standard to the same or better degree than the subject standard; 3. The AEC achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the roof design standards, including Policy A.1.5; 4. The AEC results in benefits to the community that are equivalent to compliance with the roof design standards; and 5. By limiting the height of the building, the AEC imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Avon Development Code. CASE #MJR19003 This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.080(c): DECISION: Approval of the development plan with the following findings and conditions: FINDINGS: 1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review. The design meets the development and design standards established in the Avon Development Code; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. The demand for public services or infrastructure exceeding current capacity is mitigated by the application; and 6. The design relates the development to the character of the surrounding community. PZC Record of Decision: #AEC19002 and MJR19003 Page 2 of 2 CONDITIONS: 1. The spruce tree shall be installed so the crown does not come within ten (10) feet of the house; and 2. Windows that are approved by town staff may be added to the north elevation above the kitchen cabinet area. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ PZC Chairperson PZC Recommendations: #CTA19001 Page 1 of 2 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECCOMENDATION TO TOWN COUNCIL DATE OF DECISION: February 19, 2019 TYPE OF APPLICATION: Code Text Amendments PROPERTY LOCATION: Town of Avon FILE NUMBER: #CTA19001 APPLICANT: Town of Avon These recommendations are made in accordance with the Avon Development Code (“Development Code”) §7.16.040(c): DECISION: Recommendation to approve the Title 7: Development Code Text Amendments. FINDINGS: 1. The application is complete; 2. The application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; 3. The text amendments were reviewed with the criteria listed in Avon Municipal Code Section 7.16.040(c), Review Criteria, and are found to be in substantial compliance as outlined in the staff report for the February 5 and 19, 2019 public hearings; 4. The text amendments promote the health, safety, and general welfare of the Avon Community; 5. The text amendments promote and implement the goals and policies of the Avon Comprehensive Plan; 6. The text amendments implement the Avon Community Housing Plan by providing inclusionary housing requirements for new development; 7. The text amendments promote and implement the purposes stated in the Development Code, including Section 7.04.030 (n), by achieving a diverse range of attainable housing types and price points to serve a diverse and stable full-time residential community; 8. The Lot C, Avon Center at Beaver Creek property provided twenty (20) perpetually deed-restricted dwelling units on the property at the initial stage of development, as required by the original PUD and before a rezoning took place; and 9. The text amendments are necessary and desirable to respond to changed conditions and new planning concepts. CONDITION: 1. Town staff and the Lot C owners will work together to recognize and offset deed restricted dwelling units in the ordinance. PZC Recommendations: #CTA19001 Page 2 of 2 THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ PZC Chairperson March 19, 2019 Planning and Zoning Commission Meeting Special Review Use application Page | 1 Staff Report Case #SRU19001 Special Use Review March 19, 2019 Planning & Zoning Commission Meeting Introduction This staff report contains one (1) application for child care use of Tract G Block 2 Benchmark at Beaver Creek. Michael Koch with the Town of Avon (the Applicant) is requesting a Special Review Use (SRU) Permit to allow the temporary use of Child Care at the Avon Recreation Center (Property). The property is zoned Public Facility (PF). Day care has operated at the nearby Avon Elementary School for years. This summer, repairs to the building require the program to find a temporary location. Public Notice The application was published for notice in the Vail Daily on Friday March 1. Mailed notice was sent to the addresses located within 300 feet of the Rec Center on the same date. Site Description Tract G includes the public-use campus of the Town, with the recreation center, town hall, and library, and also includes Nottingham Park and the Main Street Mall. It is zoned PF and “Day care, in home” is permitted as a Special Review Use pursuant to §7.16.100, Special Review. Note that “Child care center” is another use category but is not contemplated as an allowed use in the PF zone district. Staff feels that this oversight needs correction but did not feel the application in front of PZC merited an immediate Code Text Amendment. The child care use in the Avon Elementary School (Tract P Block 2 Benchmark at Beaver Creek) has operated in the same zone district (PF) for years; while non- conforming uses are important to rectify, interpreting the use as “in home” seems to be the best strategy for the time being. Updated language for the zone district will be presented during the next Project type Special Use Review Public Hearing Required Legal Description Zoning Tract G Block 2 Benchmark at Beaver Creek Public Facility Address 90 Lake Street Prepared By David McWilliams, Town Planner March 19, 2019 Planning and Zoning Commission Meeting Special Review Use application Page | 2 Code Text Amendment process. Avon Municipal Code Review Standards: • §7.16.100 Special Review Use. • §7.24.060(c) Special Review Uses - Public and Institutional Uses - Child Care Center. 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 the proposal are found below: Policy B.1.1: Include sufficient land for public uses such as schools, recreation, community facilities, and government services. Policy B.4.1: Promote clustered commercial development to provide publicly accessible amenities. Policy C.3.2: Support and promote cultural activities such as theater, concerts in the park, school activities, festivals and special events. Policy C.3.4: Encourage development of civic and recreational amenities that benefit all neighborhoods. Policy H.2.1: Collaborate with other recreation providers for joint use of facilities and coordinated event planning. Policy I.1.3: Encourage neighborhood and community-based childcare, senior care, and healthcare facilities. The facility is located within District 3: Nottingham Park District and mainly cites urban design principles and preservation of the community amenities. Compliance with the Development Code is found below. 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: “Day care in home” is permitted as a Special Review Use in the PF zone district, although there are no homes within it. The use is consistent with the purpose of the zone district: “The PF district is intended to provide sites for public uses such as community centers, police and fire stations and governmental facilities. The uses permitted in this district are identified by location the in Avon Comprehensive Plan.” 3) The proposed use is compatible with adjacent uses in terms of scale, site design and operating characteristics; March 19, 2019 Planning and Zoning Commission Meeting Special Review Use application Page | 3 Staff Response: The recreation center is well equipped for day care use. 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: The use corresponds well to the uses already found on the property. It will have a negligible impact on traffic generation, lighting, noise, odor, dust, and other external impacts. More specific traffic analysis is found below. 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 use will be served by all applicable utilities and services, including police and fire protection. 6) Adequate assurances of continuing maintenance have been provided. Staff Response: The recreation center is well equipped to provide continued maintenance for this use. §7.24.060(c) - Special Review Uses - Public and Institutional Uses - Child Care Center. (1) All child care centers, regardless of type or size, shall meet the applicable licensing requirements of state statutes (Section 26-6-102, et seq., C.R.S.) and the Regulations of the Colorado Department of Human Services (12 CCR 2509-9). Staff Response: This program is fully licensed and meets all state requirements set forth by the Colorado Office of Early Childhood. (2) As a principal use, the child care facility must meet the following standards: a. Outdoor recreation use. 1. Not be closer than fifteen (15) feet to the edge of a vehicular public right-of-way. 2. Not be within a parking area. b. Parking areas and vehicular circulation patterns: 1. Assure the safety of children as they arrive at and leave the facility. 2. Include a traffic management plan which includes a designated pickup and delivery area. 3. Locate all vehicle stacking lanes on site with an on-site turnaround or have separate points for vehicle ingress and egress. c. Outdoor play activities are subject to PZC approval and must be compatible with surrounding land uses. Staff Response: Nottingham Park will be used as the outdoor play area. Staff does not foresee any incumbrance to facility operations as there is sufficient parking surrounding the facility. Additionally, the drop of time is spread over 1.5 hours so there will not be a large swell of cars at one time. Parents will be directed to designated pick-up and drop-off locations during the registration process. (3) As an accessory use, the facility must meet the standards above, plus: a. Comply with Section 7.24.070 below; and b. Be compatible with adjacent land uses in terms of hours of operation, noise, lighting, parking and similar considerations. March 19, 2019 Planning and Zoning Commission Meeting Special Review Use application Page | 4 Staff Response: Sections within 7.24.070 - Accessory uses and structures, pertain mostly to new- builds and this use type has no building development proposed. The hours fall within the recreation center’s normal operating hours and is sufficiently parked for the use. (4) A child care center shall provide one (1) off-street parking space per employee and a child loading/unloading area of adequate dimensions, preferably off-street. Staff Response: The use is well served by the existing parking lot and on-street parking for employees. Two to three (2-3) parking spots will be reserved as designated pick up and drop off parking for the program. Staff Recommendation: Staff recommends approval of the application with the following findings and condition: Findings: (1) The Application was reviewed in accordance with §7.16.100 - Special Review Use, and §7.24.060(c) - Special Review Uses - Public and Institutional Uses - Child Care Center and found to be eligible for consideration, and in conformance with, the applicable provisions and procedures; (2) The application is complete; (3) The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; (4) The application complies with the goals and policies of the Avon Comprehensive Plan; and (5) The application properly relates to the character of the surrounding community. Condition: (1) The approval is valid for one summer and ends on October 1, 2019. If more time is required, the applicant shall re-submit the proposal. Recommended Motion: “I move to approve Case #SRU19001, an application for a temporary child care use within the Avon Recreation Center on Tract G Block 2 Benchmark at Beaver Creek Subdivision, together with staff’s recommended findings and condition.” ATTACHMENT: (A) Application materials To Whom it May Concern: The Town of Avon Recreation Department would like to request a special use permit be granted for the summer of 2019 (June-August) to provide Child Care at the Avon Recreation Center. The Avon Recreation Department has historically provided summer camp for participants ages 5 -11 at Avon Elementary School, but due to construction this summer, the camp needs to be relocated to the Avon Recreation Center. This request is in compliance with the PZC according to the following criteria: 1. The proposed use is consistent with the Comprehensive Plan and all applicable provisions of this Development Code and applicable state and Federal; a. This proposed use supports the following directives: Policy B.1.1: Include sufficient land for public uses such as schools, recreation, community facilities, and government services. Policy B.4.1: Promote clustered commercial development to provide publicly accessible amenities. Policy C.3.2: Support and promote cultural activities such as theater, concerts in the park, school activities, festivals and special events. Policy C.3.4: Encourage development of civic and recreational amenities that benefit all neighborhoods. Policy H.2.1: Collaborate with other recreation providers for joint use of facilities and coordinated event planning. Policy I.1.3: Encourage neighborhood and community-based childcare, senior care, and healthcare facilities. 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; a. Use-Specific Regulation (7.24.060(c)) b. Though this is not in-home child care, this program is licensed by the Colorado Department of Health and Human Services and all ages specific rules and regulations are adhered to. 3. The proposed use is compatible with adjacent uses in terms of scale, site design and operating characteristics all operating characteristics; a. This program follows all state and licensing regulations related to child care ratios and space requirements 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; a. No foreseeable adverse impacts are forecasted that might disrupt area operations 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 a. Planned areas of use are in full compliance of state regulations and this addition would have minimal impact upon the requested space 6. Adequate assurances of continuing maintenance has been provided. a. Not applicable at this time For further explanation of any of the aforementioned items, please feel free to contact me. Thank you for your consideration Matt Koch Recreation Program Supervisor Town of Avon Ph- (970) 748-4057 Attachment A