PZC Packet 0903191 Agenda posted on Friday, August 30, 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, September 3, 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-
748-4413 or email mpielsticker@avon.org for special requests.
I. Call to Order – 5:00pm
II. Roll Call
III. Conflicts of Interest - Employment status disclosure by Commissioners Hardy and Smith.
IV. Additions & Amendments to the Agenda
V. Minor PUD Amendment & Vested Rights Extension – PUBLIC HEARING – 42 Riverfront Lane
File: PUD19002 & VPR19001
Applicant: Points of Colorado, Inc.
Property: Lot 1, Riverfront Subdivision
Summary: PUD Amendment to permit modified building locations and building height. A vested
rights extension is concurrently being sought for future projects beyond March 2021,
extending to March 2024 for ‘phase one’ and March 2025 for ‘phase two’.
VI. Alternative Equivalent Compliance– PUBLIC HEARING – 4691 North Point #A
File: AEC19006
Applicant: Bobby Ladd, RAL Architects
Property: Lot 53A, Block 3, Wildridge
Summary: Application to modify an approved Minor Development Plan (#MNR18038) for a roof
material, from metal to shingle, which requires an AEC due to roof pitch of less than
4:12.
VII. Alternative Equivalent Compliance and Minor Development Application – PUBLIC HEARING – 2345 Fox Lane
File: MNR19018 & AEC19005
Applicant: Ben Usatch
Property: Lot 65 Block 1 Wildridge Subdivision
Summary: Application to approve an already constructed fence that requires an AEC due to
height, materials, and form.
VIII. Consent Agenda
A – PZC Meeting Minutes: August 20, 2019
B – Record of Decision: REZ19001, Rezoning of Lot 16, Block 2, BMBC/420 W. Beaver Creek Blvd.
IX. Other Business
A – September 24 Joint Session with Town Council
i. Tract N and Tract O, Wildridge Community Housing Application(s)
ii. Other topics?
B – IC Zone District Update
X. Adjourn
PZC Record of Decision: #REZ19001 Page 1 of 1
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECCOMENDATION TO TOWN COUNCIL
DATE OF DECISION: September 3, 2019
TYPE OF APPLICATION: Rezoning
PROPERTY LOCATION: Lot 16, Block 2, Benchmark at Beaver Creek Subdivision / 420 West Beaver Creek Boulevard
FILE NUMBER: REZ19001
APPLICANT: Town of Avon
This recommendation is made in accordance with the Avon Development Code (“Development Code”) §7.16.050(c):
DECISION: Recommendation to approval the application with the following findings:
FINDINGS: 1. The application is complete; 2. The application provides enough information to determine that the application complies with the relevant review criteria; 3. The application was reviewed in accordance with the general procedures outlined in Code Section 7.16.050; 4. The PZC held a public hearing on August 6, 2019, after providing necessary public notification in accordance with the Code; 5. The review criteria in Code Sections 7.16.050(c) and were reviewed and substantial compliance with the criteria was found; 6. The application complies with the stated purposes of the Development Code; and 7. There exists potential for future housing projects that will achieve the intent of the development code and comprehensive plan.
BY: ______________________________________ DATE: ___________________ PZC Chairperson
1 PZC Meeting Minutes – August 20, 2019
Planning & Zoning Commission
Meeting Minutes
Tuesday, August 20, 2019
I. Call to Order – The meeting was called to order at 5:00 pm.
II. Roll Call – All Commissioners were present.
III. Conflicts of Interest – No conflicts of interest were disclosed.
IV. Additions & Amendments to the Agenda – There were no additions or amendment to the agenda.
V.
VI. Work Session – Village at Avon Development Approval History
Summary: Town Manager Eric Heil presented the background and current regulatory landscape
for the Village (at Avon) PUD and Subdivision. The purpose of the work session was
to familiarize the Commission and Council with the governing documents and role of
the different review bodies for different land use proposals.
VII. Rezone – CONTINUED PUBLIC HEARING – 420 West Beaver Creek Boulevard
File: REZ19001
Applicant: Town of Avon
Property: Lot 16 Block 2 Benchmark at Beaver Creek Subdivision
Summary: Proposal to change the zoning from Residential – High Density to Park.
Action: Commissioner Howell motioned to approve the item with the following findings:
1. The application is complete;
2. The application provides enough information to determine that the application
complies with the relevant review criteria;
3. The application was reviewed in accordance with the general procedures outlined in
Code Section 7.16.050;
4. The PZC held a public hearing on August 6, 2019, after providing necessary public
notification in accordance with the Code;
5. The review criteria in Code Sections 7.16.050(c) and were reviewed and substantial
compliance with the criteria was found;
6. The application complies with the stated purposes of the Development Code; and
7. There does exist potential for future housing projects that will achieve the intent of
the development code and comprehensive plan.
Commissioner Golembiewski second the motion and it carried 4-3 with
Commissioners Barnes, Nusbaum, and Dammeyer voting in opposition.
VIII. Work Session – Screening
Summary: Recent development applications have stretched the screening regulations
contained in code and staff suggests a conversation about potential improvement.
PZC recommended additional language in the code that mitigates adjacent impacts
and better integrates with the landscape or architecture.
IX. Consent Agenda
A – PZC Meeting Minutes – August 6, 2019
2 PZC Meeting Minutes – August 20, 2019
B – Record of Decisions:
1. File #AEC19004 and MNR19012, Alternative Equivalent Compliance and Minor Development Plan
for Lot 37B Block 4 Wildridge Subdivision / 5024 Wildridge Road East Unit B
2. File #SRU19001, Motion Rent A Car Special Review Use extension to File #SRU15004
Lot 18/19, Block 1, Benchmark at Beaver Creek Subdivision / 281 Metcalf Road, Unit 107
Action: Commissioner Nusbaum motioned to approve the consent agenda. Commissioner
Howell seconded the motion and it carried unanimously 6-0 with Commissioner
Golembiewski abstaining.
X. Staff Approvals
A. MNR19020 – Landscape at 2480 Saddle Ridge Loop
B. SGN19006 – Temporary Sign at First Bank
C. MNR19021 – Addition at 4015 Wildridge Road West
XI. Adjourn – The meeting was adjourned at 7:08 pm.
Approved this 3rd Day of September 2019
SIGNED: ___________________________________________
Chairperson
September 3, 2019 PZC Meeting – Lot 1 Riverfront PUD 1
Staff Report Minor PUD Amendment
Vested Property Rights Extension
September 3, 2019 Planning & Zoning Commission Meeting
File #PUD19002 & #VPR19001
Legal description Lots 1, Riverfront Subdivision
Address 0042 Riverfront Lane
Prepared By Matt Pielsticker, AICP, Planning Director
Introduction
Points of Colorado, Inc. (“the Applicant”), is requesting a Planned Unit Development (PUD) Amendment
and Vested Property Rights Extension (collectively “the Application”) to allow greater flexibility for a
future phased project on Lot 1, Riverfront PUD and Subdivision (“the Property”). The Riverfront PUD
Development Plan, the governing zoning document, entitles the Property with two separate buildings on
the property. The Application proposes the following amendments thereto:
• Removal of building footprint stipulations and resultant building massing requirements
• Ability to construct aerial encroachments into the 10’ road setback
• Architectural Guideline changes for retaining walls, massing approaching the river, and overhangs
• Modification to building height for areas within 50’ of the south property line
The Vested Property Rights are currently slated to expire on March 18, 2021. With a phased project
contemplated, the prospective owners of the Property are requesting an extension to March 18, 2024
for a first phase, and March 18, 2025 for the second and final phase.
All of the details of the Application are included as: Exhibit A – Riverfront Village Narrative, Exhibit B –
Cover Letter for Vested Rights Extension, and Exhibit C – Riverfront Subdivision PUD Development Plan.
Process
Minor PUD Amendment
This request is processed under §7.16.060(h), Amendments to a Final PUD, AMC. Subsection (1)(ii), sets
forth criteria for a Minor Amendment, while subsection (2)(ii) sets forth the review procedures for the
same process. According the Avon Development Code, a proposed PUD amendment is considered minor
if it meets the following criteria for decision and has been determined as such by the Director:
(A) The PUD amendment does not increase density, increase the amount of nonresidential land use
or significantly alter any approved building scale and mass of development.
(B) The PUD amendment does not change the character of the development and maintains the intent
and integrity of the PUD.
(C) The PUD amendment does not result in a net decrease in the amount of open space or result in a
change in character of any of the open space proposed within the PUD.
The application, as submitted, meets the criteria for a Minor Amendment. The review procedures require
a public hearing with the PZC. Council will make the final decision after another public hearing and action
on an Ordinance for approval, or denial by motion and vote.
September 3, 2019 PZC Meeting – Lot 1 Riverfront PUD 2
Vested Property Rights
Landowners may request extensions of vested property rights by submitting an application at least six
(6) months prior to the expiration of the vested property rights. Public hearings are required by the
Planning and Zoning Commission and Town Council. Action is by ordinance of the Town Council.
Public Notification
In compliance with the Public Hearing and noticing requirements, this report verifies that mailed notice
was provided to property owners within 300’ of the property on August 21, 2019. Additionally, a notice
was published in the Vail Daily on August 23, 2019. Certification of these requirements can be obtained
from the office of Community Development.
PUD Amendment Review Criteria
Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the PZC shall consider the following criteria when
forming the basis of a recommendation:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates
creative site design such that it achieves the purposes of this Development Code and represents an
improvement in quality over what could have been accomplished through strict application of the
otherwise applicable district or development standards. Such improvements in quality may include, but
are not limited to: improvements in open space provision and access; environmental protection;
tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or
increased choice of living and housing environments.
Staff Response: The stated purposes of §7.04, Development Code, AMC, and §7.16.060, PUD, AMC,
includes statements regarding the implementation of the Comprehensive Plan; regulating intensity of
use; avoiding increased demands on public services and facilities; and providing for compatibility with
the surrounding area, among other statements. The Application and amendments would preserve the
environmental resources of the river and result in more flexibility with the form of future development.
Open space provisions, access, preservation of the river corridor, trails, and sidewalks are established
and unaffected with this amendment. Other development standards would remain intact (i.e. allowed
uses, special review uses, parking). The Application advances many Comprehensive Plan policies, along
with subsections (n) from the Purpose Statement of the Development Code.
When the Riverfront PUD was established, Lot 1 was designed at a conceptual level for a timeshare
development. It is highly unlikely that timeshare use would be pursued with a new development team,
thus new housing choices could be created by a different project type with a variety of unit sizes. As
noted in the applicant’s narrative, the density will be less than the currently approved development.
The current approval for Lot 1 comprises 101 timeshare units, each with the ability to lock off a separate
accommodation unit.
Lastly, the removal of the building footprint requirements would by its nature afford a more creative
site design that can adapt to the current conditions and tie into the Westin Hotel, adjacent streetscape,
and riverfront path connection.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
Staff Response: Staff finds no detrimental effects on the public health, safety and/or welfare of the
Town, its residents, or guests.
September 3, 2019 PZC Meeting – Lot 1 Riverfront PUD 3
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7.16.060(b);
Staff Response: The proposed PUD
amendment is part of an established
PUD, and is therefore not subject to the
eligibility criteria or Public Benefit
requirements outlined in §7.16.060(b).
Consistency with the Comprehensive
Plan is required, and analysis is
provided below. The Comprehensive
Plan includes this property within
District 2: The Riverfront District.
The Riverfront District encompasses all
property surrounding the Eagle river
along the entire length of Town. The
planning principals for The Riverfront
District speak heavily to connectivity
and respecting the river environment.
All of the planning principles are
included herein, with bolded principles
that relate specifically to this
Application.
• Improve and enhance connections to the linear park along the river, the Eagle Valley Trail, Town
Center, Beaver Creek, and Nottingham Park.
• Seek easements where appropriate for river access.
• Limit access to the Eagle River to strategic locations for overall riparian health.
• Provide transit connections between Town Center and Riverfront District.
• Add sidewalks and landscaping along roads.
• Orient buildings to capitalize on the Eagle River as an amenity. Use sensitive site planning,
architectural detailing, articulation, and appropriate setbacks, color, screening, and scale of
structure to preserve the character of the river and its associated natural habitat.
• Limit building height to a scale that is subordinate to Town Center and compatible with the
river environment. Buildings should be designed to step down in height as they near the river
and in response to the natural topography.
• Adhere to the Eagle River Watershed Management Plan for river setbacks and best practices for
development in proximity to the river.
• Locate parking areas and building services away from the river and reduce their impact on the
river corridor.
• Plant indigenous trees and shrubs to screen existing large residential buildings along U.S. Highway
6 and provide landforms and landscaping between residences and U.S. Highway 6.
• Minimize the loss of trees and impact to the riparian area while achieving urban design goals.
• Develop a vibrant mix of uses consisting of bed-base development, commercial development,
recreation, and open space along the river in the area closest to Town Center.
• Examine the potential to develop pedestrian and bicycle connections between Stonebridge Drive
and the Village at Avon District.
September 3, 2019 PZC Meeting – Lot 1 Riverfront PUD 4
A previous amendment in 2017 provided for an easement and another riverfront path connection to
the regional bike trail. Buildings would be sited to protect the river by maintaining the 75’ riparian
setback, and stepping down when approaching the river side of the development. It is expected that
future development will be at a lower overall scale compared to the existing development plan
approvals.
The following Goals and Policies from the Comprehensive Plan are reinforced by this application:
Policy A.1.4: Encourage development that is consistent with the overall Built Form according to
the Built Form Diagram (page 8 of the Comprehensive Plan).
Policy B.1.2: Focus lodging and guest accommodation in the Town Center.
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.
Goal C.1: Ensure that development is compatible with existing and planned adjacent
development and contributes to Avon’s community image and character.
Goal D.3: Increase the number of visitors to Avon by enhancing the year-round mountain
resort community.
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire
protection, and sewage and waste disposal, as applicable) will be available to serve the subject property
while maintaining adequate levels of service to existing development;
Staff Response: This PUD amendment does not change the demands or ability of future development
to be served by existing installed or planned facilities and services.
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse
impacts upon the natural environment, including air, water, noise, storm water management, wildlife,
and vegetation, or such impacts will be substantially mitigated;
Staff Response: When compared to the existing zoning, the proposed Minor PUD Amendment will
not result in any adverse impacts upon the natural environment, wildlife, vegetation, noise, or air. The
site was platted and graded out during the formation of the Riverfront PUD and Subdivision in 2006-
2007. Since that time, it has been used occasionally for overflow or event parking. It is expected that
the entire site would be disturbed for construction, and storm water management must be tied into
the existing systems in place.
The Planning and Zoning Commission must consider the 6’ encroachment request into the platted 10’
roadway easement bordering Riverfront Lane. This type of aerial encroachment is akin to the
allowance for projections of balconies and roof overhangs into the 75’ river setback, however, the
context of aerial encroachments adjacent to the Riverfront sidewalk and road must be reviewed
carefully given the possible height of building(s), and is concerning to staff.
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse
impacts upon other property in the vicinity of the subject tract; and
September 3, 2019 PZC Meeting – Lot 1 Riverfront PUD 5
Staff Response: No impacts exceeding those expected with the current development plan approval
would be experienced. Impacts are generally contained within the property and would be mitigated
accordingly.
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on
other properties in the vicinity of the subject tract.
Staff Response: The future uses on the subject tracts would remain residential/resort and consistent
with other properties in the vicinity. The scale and density of development is retained with existing
setbacks and overall dwelling unit range for the subdivision.
Vested Rights Extension Guidelines
Pursuant to §7.16.140(e)(2), Duration of Vested Right, AMC, the following criteria shall be considered when
determining whether to grant vested property rights extensions.
(i) The size and phasing of the development, specifically, but not limited to, whether the
development can be reasonably completed within the vested rights period;
(ii) Economic cycles and specifically but not limited to resort community economic cycles,
regional and state economic cycles and national economic cycles;
(iii) Market conditions and specifically but not limited to absorption rates for leasing and sales
of similar development projects;
(iv) Compliance with the Avon Comprehensive Plan and other community planning
documents;
(iv) Proposed public amenities and benefits that enhance the project and the overall
attractiveness of the Avon community, including the degree to which such public amenities
and benefits are defined in terms of design, timeframe and phasing with development;
(v) Projected public financial benefits or costs estimated to be caused by the development
project, including the timeframe for realization by the Town or other public entities and
potential costs for operation and maintenance of any new public amenities or
infrastructure dedicated to the Town or other public entities;
(vi) The breadth and scope of the requested vested property right, including but not limited to
the extent to which such vested property right restricts the Town's ability to apply future
legislatively adopted fees and regulations for the purpose of providing public
infrastructure, public services and public facilities and for the purpose of meeting evolving
community needs;
(vii) The terms of any existing site-specific development plans with development agreements
for the applicant's property that specify the duration of vested property rights;
(ix) Any proposed modifications to previously approved vested property rights to
address changed conditions within the Avon community, compliance with the
Comprehensive Plan and other community planning documents or performance of
previously approved site-specific development plans; and
(x) Any other factors deemed relevant by the Council when determining to grant a
vested property right for a period greater than three (3) years.
September 3, 2019 PZC Meeting – Lot 1 Riverfront PUD 6
Staff Response: Absorption rates, and the ability to design and phase a project on this property
are real and valid considerations for PZC. The request for an addition one year of vested rights
for a second phase of a phased project is commensurate to an elongated schedule for completion
and appears to be reasonable in this case.
Recommended Motions
PUD Amendment
“I move to recommend that the Avon Town Council approve Case #PUD19002, an application for a Minor
PUD Amendment for Lot 1 Riverfront PUD, citing the following 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 or mass of development;
2. The application is complete;
3. The application provides sufficient information to allow 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. There is no extra demand for public services or infrastructure exceeding current capacity by the
Application;
6. The PUD Amendment does not substantively change the character of the development and
maintains the intent and integrity of the Riverfront PUD which consists of common development
standards and architectural theme established in the design guidelines; and
7. The application is in conformance with AMC §7.16.060(e)(4), Review Criteria, and compared to the
underlying zoning, the Minor PUD Amendment is not likely to result in significant adverse impacts
upon the natural environment.”
Vested Property Rights Extension
“I move to recommend that the Avon Town Council approve Case #VPR19001, a Vested Rights Extension
for Lot 1 Riverfront PUD, citing the following findings:
1. The application was submitted in a timely fashion at least six (6) months prior to the expiration of
the vested property rights;
2. The application is complete;
3. The application provides sufficient information to allow PZC to determine that the application
complies with the relevant review criteria in AMC §7.16.140(e)(2), Duration of Vested Right;
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
5. There is no extra demand for public services or infrastructure exceeding current capacity by the
Application;
6. Economic cycles of our resort economy coupled with absorptions rates for sales of similar
development projects in our region warrant the extension of vested rights; and
7. AMC §7.16.140(e)(4) allows for separate vesting periods for a multi-phase development plan.
Optional Motions in the Negative
PUD Amendment
“I move to recommend that the Avon Town Council approve Case #PUD19002, an application for a Minor PUD
Amendment for Lot 1 Riverfront PUD, citing the following findings:
September 3, 2019 PZC Meeting – Lot 1 Riverfront PUD 7
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 or mass of the development;
2. The application is complete;
3. The application provides sufficient information to allow PZC to determine that the application
fails to comply with the relevant review criteria; and
4. The application is not in compliance with the goals and policies of the Avon Comprehensive Plan;
5. The PUD Amendment changes the character of the Riverfront PUD.”
Vested Property Rights Extension
“I move to recommend that the Avon Town Council deny Case #VPR19001, an application for Vested Rights
Extension for Lot 1 Riverfront PUD, citing the following findings:
1. The Application was submitted in a timely fashion at least six (6) months prior to the expiration
of the vested property rights;
2. The application is complete;
3. The application provides sufficient information to allow PZC to determine that the application
does not comply with the relevant considerations; and
4. The application does not demonstrate compliance with the goals and policies of the Avon
Comprehensive Plan.”
Attachments
A: Narrative from East West Partners & Letter from Points of Colorado, Inc.
B: Riverfront Subdivision, Amendment to PUD Development Plan for Lot 1
RIVERFRONT VILLAGE
Minor PUD Amendment
Minor PUD Amendment Submitted:
Lot 1 | Riverfront Village PUD August 5, 2019
FOR TOA REVIEW
2 | Page
A. INTRODUCTION
The applicant and owner Points of Colorado, Inc. is hereby requesting a Minor PUD Amendment to
amend Lot 1 of the Riverfront PUD and Subdivision.
As represented in Exhibit B to Ordinance 17-16 (see Sheet 3 of 3 below) the PUD Development Plan
currently in effect identifies specific building footprints for Lot 1. The specific development plan and
density represented is no longer valid. The goal of the request is to amend the exhibit to remove the
specific building footprints in order to provide greater flexibility in site design. In addition, the minor
PUD amendment proposes the density for Lot 1 to be lowered to a range of 60 to 100 units, where
previously a density of close to 100 units was targeted for Lot 1. This maintains the density in the
current PUD for Lot 1 while allowing flexibility for a reduced density of units and different configuration
upon the site to be determined during the development plan design and review process. These updates
in the PUD will allow the development to adapt to site and market conditions.
Sheet 3 of 3 of Riverfront Subdivision – Exhibit B to Ordinance 17-16
*Note specific building outlines and footprints that are included in the development plan for Lot 1.
These outlines are proposed to be removed from Lot 1 by this minor PUD amendment application.
3 | Page
Specifically, the applicant is requesting the Town of Avon to remove Sheet 3 of Exhibit B of the PUD
Development Plan and replace with an updated exhibit showing a sub-division plan with no specific
building footprints upon Lot 1 (reference figure A). In addition, an enlargement plan of just Lot 1 is
included with the amendment as new Sheet 4, showing all existing easements and setbacks in Lot 1
maintained per the original PUD (reference figure B).
Figure A. New Sheet 3 of Exhibit B for Lot 1 PUD Development Plan showing building footprints on Lot 1 removed.
Figure B. New Sheet 4 of Exhibit B Lot 1 PUD Development Plan showing Lot 1 with PUD setbacks and easements.
4 | Page
The applicant is also requesting minor amendments to Sheets 1 and 2 of Exhibit B, consisting of re-
defining the minimum building setback along the southern boundary of Lot 1, the allowance for a 6’
encroachment for balconies and eaves into the 10’ road right-of-way setback, adjustment to Lot 1 height
limitation in the Land Use Table, and a minor revision to language in the design standards, specifically
to site and architectural guidelines that apply to Lot 1 exclusively.
Minor amendment to General Notes of Sheet 1 - Item 2a and 2c:
In reference to item 2a of the General Notes, the current language identifies the minimum building
setback for the southern portion of Lot 1; as the Northern Boundary of Tract “A” or 75’ from the Mean
Annual High-Water Mark. The applicant is proposing that the minimum setback from the river on Lot 1
coincide with the northern boundary of the utility, path, and drainage easement located along the
southern boundary of Lot 1, because this easement line is essentially the de facto setback. This proposed
setback is more restrictive than what the current language describes and will ensure ample space
between the development, pedestrian path, and the river. The applicant is proposing the following
language for item 2a. “River: all buildings shall be setback the more restrictive of i) seventy-five feet
(75') from the Mean Annual High Water Mark or ii) the northern boundary line of Tract "A".
Notwithstanding the foregoing, Lot 1's minimum setback shall be the northern boundary line of the
utility, path, and drainage easement located along the southern boundary line of Lot 1.
Encroachments for porches/decks/overhangs/eaves are permissible subject to design review and
easement grantees approval as to specific locations and dimensions.”
In reference to item 2c of the General Notes, the current language allows for 3’ aerial encroachments
into the 10’ minimum building setback from road rights-of-way, but only for the northwest wing of
Building F, which is currently the Westin Hotel. The applicant would like to allow for 6’ aerial
encroachments of eaves and balconies into the right-of-way building setback on Lot 1. This will allow
the applicant to maximize the useable building area within the lot and provide design flexibility that will
translate into a more interesting roof design and building façade. The applicant is proposing the
following language for item 2c. “Right -of -way: Buildings shall have a minimum setback of ten feet
(10') from road rights-of -way. Subterranean encroachments shall be permitted into this setback.
Aerial encroachments (such as balconies and eaves) of up to six feet (6') shall be permitted into this
setback for all buildings located on Lot 1.”
Minor amendment of Land Use Table, Lot 1 Height Limitations:
The applicant is proposing eliminating reference to buildings ‘G’ and ‘H’ in the portion of the table
addressing height limitations for Lot 1, and in keeping with the elimination of specific building
footprints for buildings G and H in Sheet 1 of the Exhibit B. The applicant is proposing the following
language to replace the prior language: “105’ maximum height limitation, except areas of the lot falling
within 50’ from the southern boundary, where a maximum height of 55’ will apply.”
This new language addresses the prior height limitation along the southern edge of the project where
Building ‘H’ was previously proposed along the majority of the southern frontage of Lot 1 and the Eagle
River open space and recreation corridor. The current development concepts for Lot 1 contemplate a
greater opening to the River, with less massing along the southern edge of Lot 1 than the original design
of Building H, which was contemplated to be 45’ maximum height. The proposed maximum height of
55’ within the first 50’ of the lot along its southern boundary, will ensure the River corridor is
maintained, while allowing the development to take advantage of the river frontage in a manner that is
in scale and compatible with surrounding development and the adjacent recreation path connection.
5 | Page
Only small portions of new buildings are contemplated to be within 50’ of the southern boundaries, and
these minor protrusions are anticipated to be no greater than 3 to 4 stories, within the proposed 55’
height limit for this zone.
Minor amendment of Architectural Guidelines:
The following amendment to PUD Design Standards Section II. Site and Village Guidelines, C. Site,
Materials and Colors, 2. Site Walls, and Section IIIA. Architectural Design Guidelines, A. Building Form
and Massing items 2 and 7 are proposed to apply to Lot 1 only, to introduce more flexibility in the
architectural expression of the future development and use of natural materials: (reference bold
italicized text for new proposed text additions and or strike-out and deletions).
Section II. Site and Village Guidelines, C. Site, Materials and Colors, 2. Site Walls, a):
Site walls shall make use of more contemporary materials such as colored concrete masonry,
stained concrete, board-formed concrete, and similar materials, in colors complementary to the
site and its buildings. Site walls shall relate to plaza materials and building bases to help visually
merge the ground plane around the site. Boulder walls shall be permitted in those areas where
walls transition the project to natural and surrounding grades and shall require the approval of
the Planning and Zoning Commission during design and development plan review.
Section IIIA. Architectural Design Guidelines, A. Building Form and Massing Item 2
Smaller masses, such as portions of the building or elements such as porte-cocheres, etc., will be
used to break up the apparent size of larger building forms. Smaller masses positioned in front
of large masses will be used to reduce the visual dominance of the larger forms, with particular
emphasis in stepping back building height, bulk, and mass in the areas of Lots that are located
along the river corridor and recreation path interface.
Section IIIA. Architectural Design Guidelines, A. Building Form and Massing Item 7
Given the modern alpine character of the architecture at Riverfront Village, relatively small roof
overhangs are encouraged for buildings on Lots 1, which are visually and compositionally related
to the Hotel. At these locations the minimum roof overhang permitted shall be six inches. At
other locations within Riverfront Village the minimum roof overhang shall be 24 inches for
primary roofs and 12 inches at secondary dormers.
Aside from the items requested in this Minor PUD Amendment, all other aspects of the current PUD
remain un-altered and in effect for all Lots that are part of the PUD.
The overall property is 1.7 acres and is surrounded by the Eagle River to the south, Riverfront Lane to
the north, Avon Road to the east and the Westin Riverfront Hotel to the west. The Eagle Valley Regional
Trail and the Riverfront park that border the site to the south are part of the program of amenities and
public benefits that have been implemented as part of the Riverfront PUD. The proposed Minor PUD
amendment respects setbacks and easements established by the original PUD in 2006 and recorded
amendment in 2017. The PUD amendment proposes only to remove specific building footprints
previously assigned to Lot 1. There are no proposed changes in allowed uses or density for the
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Riverfront PUD as part of this amendment. A range of density from 60 to 100 units is requested to
provide greater flexibility for the development to adjust to market conditions. Preliminary development
concepts will be shared with the Town during the minor PUD amendment review demonstrating the
intended development plan consistent with the requested PUD amendment.
The remainder of this narrative provides an evaluation of the proposed Minor PUD amendment against
the criteria for review as set forth by the Town, as well as an analysis of compliance against the Town’s
Comprehensive Plan and Development Code.
B. CRITERIA FOR REVIEW
Section 7.16.060. (e)(4) establishes the criteria for review of a PUD amendment. Section
7.16.060(e)(4) states:
Review Criteria. The PZC and Town Council shall consider the following criteria as the basis for a
recommendation or decision to rezone a property to PUD Overlay, and approve a preliminary PUD
plan, or process a PUD amendment:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or
incorporates creative site design such that it achieves the purposes of this Development Code and
represents an improvement in the over what could have been accomplished through strict application
of otherwise applicable district or development standards. Such improvements in quality may include
but are not limited to: improvements in the open space provision and access: environmental
protection; trees / vegetation preservation; efficient provision of streets, roads, and other utilities and
services; or increased choice of living and housing environments.
Applicant Response: The proposed minor amendment to the Riverfront Village PUD is to remove the
specific development plan and building footprints previously assigned to Lot 1 and to allow a decreased
range of density from 60 to 100 units. This request will provide greater flexibility for the development to
adjust to market conditions. The request is appropriate as it respects all original easements and setbacks
of the property and remains consistent with the original approval of the Riverfront Village PUD.
Eliminating specific building footprints may allow a reduction in the overall size, bulk and mass of the
proposed condominium buildings. The amendment will allow future developments to apply different
units and development prototypes that are more appropriate for present day market conditions and
demands.
The amendment honors the town’s 75’ riparian stream setback, and the open space and recreation
corridor previously established by the Riverfront Village remains intact. With the 2017 PUD
amendment an easement for a trail connection from the Eagle Valley Regional Trail to Riverfront Lane
was provided to the Town by the Owner of Lot 7, significantly benefitting the Town’s overall pedestrian
circulation network. As part of the creation of the PUD in 2006 an Employee Housing Contribution of
$846,000 was made by the master developer to meet the Town’s housing requirements, and with the
2017 PUD amendment (2) deed restricted units are included in the Lot 4 Riverfront Lodge development.
These are examples of actions taken as part of the PUD that are of substantial benefit to the Town.
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This PUD Amendment is not subject to the Town’s new inclusionary housing standards as Ordinance
19-03 clearly states that “Properties with pre-existing vested rights are exempt from these
requirements.” [Section 3(c)(3)] The Town has specifically acknowledged and approved the currently
existing vested rights for Lot 1 per Ordinance 17-16. All obligations as related to employee housing
were included as part of the original PUD approval for Riverfront Village. In that density is not being
increased for Lot 1 by this Amendment, the minor design changes do not trigger additional employee
housing obligations.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
Applicant Response: All aspects of the current Riverfront Village PUD remain in place and in effect as
originally approved in 2006. The PUD amendment only seeks flexibility in density for Lot 1, to allow a
revised development concept but otherwise remains consistent with the overall vision and land uses for
the area within Lot 1. Remaining consistent with the original PUD will promote the public health,
safety, and general welfare of the Town. Open space has been preserved and public river access is
being maintained via this Minor PUD Amendment application.
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7. I 6.060(b);
The eligibility criteria for a PUD are outlined in Section 7. I 6.060(b) and state the following:
(I) Property Eligible. All properties within the Town of Avon are eligible to apply for PUD
approval.
(2) Consistency with Comprehensive Plan. The proposed development shall be consistent with the
Avon Comprehensive Plan.
(3) Consistent with PUD Intent the proposed development shall be consistent with the intent and
spirit of the PUD purpose statement in §7. I 6.060(a).
(4) Compatibility with Existing Uses. The proposed development shall not impede the continued
use or development of surrounding properties for uses that are permitted in the Development Code or
planned for in the Avon Comprehensive Plan.
(5) Public Benefit. A recognizable and material benefit will be realized by both the future residents
and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be
infeasible or unlikely.
(6) Preservation of Site Features. Long-term conservation of natural, historical, architectural, or
other significant features or open space will be achieved, where such features would otherwise be
destroyed or degraded by development as permitted by the underlying zoning district
(7) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with
all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses
in the PUD projects, and to ensure compatibility between uses and the surrounding neighborhood.
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Applicant Response: As demonstrated within this document, all aspects of the current Riverfront Village
PUD remain in place and in effect as originally approved in 2006 and amended in 2017, and therefore
the PUD amendment is consistent with the Avon Comprehensive Plan and the eligibility criteria
outlined in §7. I 6.060(b) and the purpose of the Town’s Development Code. The PUD amendment
seeks greater flexibility in density as well as minor revisions to the site guidelines of the PUD
Development Plan as described in the introduction. No deviations or variances from the Town’s
Development Code are proposed nor anticipated in association with the minor PUD amendment. The
proposal is consistent with the eligibility criteria for a PUD given the conformance and adherence to all
aspects of the original PUD Development Plan approval granted in 2006 and amended in 2017.
The purpose of the Development Code is provided in Section 7.04.030 Purposes of the Avon
Development Code:
The Development Code is intended to promote and achieve the following goals and purposes for the
Avon community, including the residents, property owners, business owners and visitors:
(a) Divide the Town into zones, restricting and requiring therein the location, erection,
construction, reconstruction, alteration and use of buildings, structures and land for trade, industry,
residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine
the area of open spaces surrounding such buildings; establish building lines and locations of buildings
designed for specified industrial, commercial, residential and other uses within such areas; establish
standards to which buildings or structures shall conform; establish standards for use of areas adjoining
such buildings or structures;
(b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable
planning documents of the Town;
(c) Comply with the purposes stated in state and federal regulations which authorize the
regulations in this Development Code;
(d) Avoid undue traffic congestion and degradation of the level of service provided by streets and
roadways, promote effective and economical mass transportation and enhance effective, attractive and
economical pedestrian opportunities;
(e) Promote adequate light, air, landscaping and open space and avoid undue concentration or
sprawl of population;
(f) Provide a planned and orderly use of land, protection of the environment and preservation of
viability, all to conserve the value of the investments of the people of the Avon community and
encourage a high quality of life and the most appropriate use of land throughout the municipality;
(g) Prevent the inefficient use of land; avoid increased demands on public services and facilities
which exceed capacity or degrade the level of service for existing residents; provide for phased
development of government services and facilities which maximizes efficiency and optimizes costs to
taxpayers and users; and promote sufficient, economical and high-quality provision of all public
services and public facilities, including but not limited to water, sewage, schools, libraries, police,
parks, recreation, open space and medical facilities;
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(h) Minimize the risk of damage and injury to people, structures and public infrastructure created
by wildfire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards;
(i) Achieve or exceed federal clean air standards;
j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion,
reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams
and enhancing public access to recreational water sources;
(k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of
historical and archaeological importance, provide for adequate open spaces, preserve scenic views,
provide recreational opportunities, sustain the tourist-based economy and preserve property values;
(I) Promote architectural design, which is compatible, functional, practical and complimentary to
Avon's sub-alpine environment;
(m) Achieve innovation and advancement in design of the built environment to improve efficiency,
reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable
natural resources and attain sustainability;
(n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs
in the Town, provides a range of housing types and price points to serve a complete range of life stages
and promotes a balanced, diverse and stable full time residential community which is balanced with
the visitor economy;
(o) Promote quality real estate investments which conserve property values by disclosing risks,
taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting
accuracy in investment expectations; and
(p) Promote the health, safety and welfare of the Avon community.
Applicant Response: As demonstrated within this document, the proposal is consistent with and in
substantial compliance with the purpose of the Development Code by allowing greater flexibility in
overall density, and a potential reduction than is currently allocated for Lot 1. The proposal will
maintain setbacks to the sensitive riparian area within the 75’ stream setback that will remain mostly
open space. A previous amendment in 2017 resulted in a new easement at the west end to allow for
additional connectivity from Riverfront Lane to the Eagle Valley Regional Trail. This easement has been
provided to the Town in 2018. No deviations or variances from the recorded PUD for Riverfront Village
are proposed nor are anticipated in association with the minor PUD amendment. The ultimate
development plan will meet the goals of Avon’s Comprehensive and Development codes by providing a
development concept that promotes quality real estate compatible with surrounding land uses and
fulfills the vision of the Riverfront Village PUD. Further, we have complied with the requirements for
employee housing as part of the PUD in 2006 and 2018.
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire
protection, and sewage and waste disposal, as applicable will be available to serve the subject
property while maintaining adequate levels of service to existing development;
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Applicant Response: Facilities are in place and available per the current development in place at
Riverfront Village PUD and the infrastructure and service network is already implemented in
anticipation of the full build-out for the PUD. All utility and access easements are in place as originally
established by the original PUD, and they are being honored and preserved. The development may
connect underground to the Westin hotel garage, which would further alleviate stacking on Riverfront
Lane when large volumes of traffic are entering the hotel drop-off.
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon the natural environment, including air, water, noise, storm water management,
wildlife, and vegetation, or such impacts will be substantially mitigated;
Applicant Response: Given the proposed flexibility in density from the current PUD underlying zoning,
the PUD amendment proposal is not likely to result in significant impacts to the natural environment.
The existing easements including the 75’ stream setback will be maintained and respected along the
Eagle River and the Eagle Valley Regional Trail.
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon other property in the vicinity of the subject tract; and
Applicant Response: The proposed PUD remains consistent with the current PUD in effect, with the
same land use assignments and similar condominium concept. Only greater flexibility in the overall
density is proposed by the PUD amendment, which is not likely to result in significant adverse impacts
upon other property in the vicinity of the subject tract.
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses
on other properties in the vicinity of the subject tract.
Applicant Response: The proposed amendment is to allow greater flexibility in the overall density of
development in the areas occupied by Lot 1. The proposed range of density of 60 to 100 units will
allow the applicant to create a development plan that responds to current economic and market
conditions. The density is not increased per the original PUD approval and there is no change in the
existing underlying residential land use. Therefore the uses on the subject tract will be compatible in
scale with uses or potential future uses on other properties in the vicinity of the subject tract.
PUD Signature BlocksOwner's CertificateKnow all men by these presents that being the sole owners in fee simple of all that realproperty described as follows:Lot 1 Riverfront Subdivision: located in the south 1/2 of Northwest 1/4 Section 12, Township 5 South,Range 82 West of the Sixth Principal Meridian.We agree to develop the plan as depicted on this site plan.By: _______________________________Points of Colorado, Inc.Address: CONFIRM ADDRESS TO USE FOR POINTS OF COLORADO, INCThe foregoing signatures were acknowledged before me this________ day of__________________, 2019, by _____________________________My Commission expires: _____________________ Witness my hand and seal ______________________ Notary PublicTown CertificateThis Planned Unit Development Plan and the uses, zoning standards and densities areapproved for The Riverfront PUD, (Ordinance 19-XX by the Town Council ofthe Town of Avon, County of Eagle, State of Colorado, this ______ day of________________, 2019, for filing with the Clerk and Recorder of the County ofEagle. Said approval shall in no way obligate the Town of Avon for any improvementsand approval of this PUD Development Plan by the Town is a consent only and is not to be confused as anapproval of the technical correctness of this plan or any documentation relating there to.WITNESS MY HAND AND SEAL OF THE TOWN OF AVON: TOWN COUNCIL OF THE TOWN OF AVON By: ________________________________ Sarah Smith-Hynes, Mayor Attest: _____________________________ XXXXX XXXXXXXX, Town ClerkDevelopment Standards* NO CHANGE - ALL DEVELOPMENT STANDARDS UNDER EXISTING PUD DEVELOPMENTPLAN APPLY TO LOT 1Residential/Lodging Uses1. Hotel rooms and suites;2. Lodge rooms;3. Condominiums;4. Townhomes;5. Time-share, vacation ownership, and fractional fee ownership; and6. Accessory or incidental uses consistent with Residential/Lodging Uses at the discretion of the Zoning Administrator.Lodging Support Uses1. Fitness facilities, locker rooms, reception, and related amenities and services;2. Indoor and outdoor recreation (e.g. pools, jacuzzis, game rooms);3. Ski valet and storage;4. Front desk and lobby;5. Concierge, valet and bell service areas;6. Business centers;7. Housekeeping and laundry facilities;8. Storage;9. Mechanical rooms;10. Restrooms;11. Administrative spaces used by personnel providing Hotel/lodging services (e.g. reservations, accounting);12. Maintenance facilities;13. Meeting pre-function and support spaces; and14. Other accessory or incidental uses consistent with Lodging Support Uses at the discretion of the Zoning AdministratorStandard Commercial Uses1. Retail Stores;2. Specialty Shops;3. Restaurants, Bars and Cocktail Lounges;4. Wellness Centers (such as physical therapy, medical);5. Personal service shops;6. Professional offices, including real estate brokerage and development offices;7. Ski School Facilities;8. Lift Ticket Sales Facilities;9. Financial Institutions;10. Offices; and11. Other accessory or incidental uses consistent with Standard Commercial Uses at the discretion of the Zoning AdministratorIncidental Commercial Uses1. Spa treatment rooms, spa retail, spa salon, and2. Meetings and conference rooms;Public Uses1. Transportation facilities;2. Public plazas;3. Public restrooms; and4. Public parks and walkways.Temporary Facilities1. Vacation Ownership/Time Share sales centers of up to 7,000 square feet within the Hotel or Vacation Ownership/Time Sharebuildings for up to ten years from the issuance of a Temporary Certificate of Occupancy of the first Vacation Ownership/TimeShare building; and2. Other temporary facilities are subject to Special Review Use.Special Review Uses1. Theatres;2. Churches;3. Bed and Breakfast lodges; and4. Temporary facilities not approved (above) under Temporary Facilities.Land Use Table:LAND USE TABLE MODIFIED FOR LOT 1 ONLY AS FOLLOWS:Parking* NO CHANGE - ALL PARKING STANDARDS UNDER EXISTING PUDDEVELOPMENT PLAN APPLY TO LOT 1.Specific requirements by UseFive (5) spaces/1000 GLFA:1. Retail Stores;2. Specialty Shops;3. Restaurants, Bars and Cocktail Lounges public spaces (excludes storage, kitchens and other"back of house" spaces);4. Wellness Centers (such as physical therapy, medical);5. Personal service shops;6. Professional offices, including real estate offices at the plaza level;7. Ski School Facilities;8. Lift Ticket Sales Facilities; and9. Financial Institutions;Four (4) spaces per 1000 GLFA1. Professional Offices/Offices, if any, on the fifth floor of the Hotel.Two (2) spaces per 1,000 GLFA1. Spa treatment rooms, spa retail, spa salon; and2. Meetings and conference rooms.Hotel1. One (1) space for each Accommodation Unit (as defined in the Development Agreement).2. 1.2 spaces for each Dwelling Unit (as defined in the Development Agreement).Vacation Ownership1. 0.75 spaces per bedroom, maximum of 1.5 spaces per Residential Unit.Condominiums and Townhomes other than a Hotel1. Lots 1,2 & 3 - no change proposed (1.2 space per unit for Lot 1)2. Lot 4 Condominium Units - 1.0 spaces per unit or as approved in the development plan.3. Lot 4 Townhome Units - 1.2 spaces per unit or as approved in the development plan.General:1. Compact parking spaces shall not exceed ten percent (10%) of total parking for the entireproject.2. Total required parking (as defined above) shall be reduced by 15% for facilities on Lots 1, 2and 3 only.3. Standard parking spaces on Lots 1 and 3 shall be a minimum width of 8'9'", with standardlength of 18' and standard drive lane width of 24'.Lot 1 PermittedUses byRight SpecialReviewUsesBuildingHeight*StandardCommercial;IncidentalCommercial;ResidentialLodging Uses;LodgingSupport Uses;TemporaryUses and Facilities;Public UsesTheatres;Churches;OtherTemporaryFacilities;105' maximumheight limitation,except areas ofthe lot fallingwithin 50' fromthe southernboundary,where amaximum heightof 55' will apply.General Notes* ITEMS 2a AND 2c AMENDED. ITEMS 3 AND 4 ADDED TO THE GENERAL NOTES. ALL OTHER GENERAL NOTES UNDER EXISTING PUDDEVELOPMENT PLAN APPLY TO LOT 1.1. This PUD Plan contains the development standards and uses for the Riverfront PUD. Other uses and provisions of the Town of Avon Municipal Code not specifically addressed herein, or in the related development agreement, shall apply to the Riverfront PUD.2. The minimum building setbacks shall be as follows: a. River: all buildings shall be setback the more restrictive of i) seventy five feet (75') from the Mean Annual High Water Mark or ii) the northern boundary line of Tract "A". Notwithstanding theforegoing, Lot 1's minimum setback shall be the northern boundary line of the utility, path, and drainage easement located along the southern boundary line of Lot 1. Encroachments for porches/decks/overhangs/eaves are permissible subject to design review and easement grantees approval as to specific locations and dimensions. b. Lot Lines: Buildings shall have a zero foot (0') setback from internal lot lines. Buildings shall have a minimum twenty-foot (20') setback from Riverfront Subdivision perimeter lines. Notwithstanding the foregoing, Lot 7's setback from its northern perimeter line shall be ten (10) feet. c. Right-of-way: Buildings shall have a minimum setback of ten feet (10') from road right-of-ways. Subterranean encroachments shall be permitted into this setback. Aerial encroachments (such as balconies and eaves) of up to six feet (6') shall be permitted into this setback for all buildings located on lot 1.3. The purpose of this PUD Amendment is to modify the height limitation, architectural guidelines, and remove the specific building footprints for Lot 1 to allow for greater flexibility in design andphasing.4. This Amendment to PUD Development Plan amends the PUD Development Plan for Riverfront Subdivision adopted by Town Ordinance No. 17-16 and recorded at Reception No. 201800835,Eagle County, Colorado (the “Existing PUD Development Plan”) solely with respect to Lot 1, Riverfront Subdivision (“Lot 1”). References herein to new or modified PUD standards,requirements and/or uses apply to Lot 1 only. Except as herein amended for Lot 1, the Existing PUD Development Plan remains fully binding and valid.Notes:Actual building heights at various locations on each Lot shall be establishedthrough the Town's design review approval process, based on the criteriaestablished in the Town of Avon Municipal Code.In all instances, the maximum allowable percentage of a building ridgeline tobe at or near the maximum height shall be governed by the more restrictivecriteria of the Riverfront Design Standards and the Town of Avon MunicipalCode.Architectural Design and Massing: Final building design shall be establishedthrough the Town's design review approval process, based on the criteriaestablished in the Town of Avon Municipal Code.
R I V E R F R O N T V I L L A G EAvon, ColoradoDESIGN STANDARDSFebruary 23, 2006*amended December 12, 2017*amended August 5, 2019 for Lot 1I. Vision Statement for Riverfront VillageNO CHANGE - VISION STATEMENT AND DESIGN STANDARDS RECORDED UNDER EXISTING PUD DEVELOPMENT PLAN REMAIN IN PLACE AS RECORDED. A. Scope of Design Standards 1) The following Design Standards for Riverfront Village have been established to ensure the overall quality and compatibility of the Village with the Town of Avon and its riverfront site. In general these Standards shall apply to all buildings and plaza areas within Riverfront Village, with the exception of the Hotel building, or as otherwise noted. 2) An important aspect of the Riverfront Village vision is responsible care for the environment and sustainability of the architecture and landscape. To this end, best efforts will be made to meet the principles set forth in the LEED (Leadership in Energy and Environmental Design) Green Building System for the Hotel. In addition, all other buildings within the Village will be designed with sensitivity to the sustainability aspects of site and architectural design. B. Architectural Theme 1) Riverfront Village represents an important interface between the Town of Avon and Beaver Creek Ski Resort. It is envisioned as a lively gathering place connecting the river, mountain and town- a pedestrian friendly environment where townspeople and guests can stroll from Avon's western Town Center, through the resort retail plaza, to ride the gondola up to the mountain or to step down to the river. 2) The village is situated on the seam between the town and the mountain landscape and should therefore strike a balance between the two environments, creating an architectural expression that captures both alpine and townscape traditions. To achieve this balance, the architecture shall take advantage of materials inherent to successful mountain resort architecture-such as stone, wood, and other natural materials, combined with more contemporary materials such as stucco, metal, and recycled products. 3) The Architectural Theme will also feature the use of large areas of glass, clean building forms based on pure geometries, strong, simple detailing (not overly rustic, "heavy," or overstated), and the bolder proportions appropriate to the larger scale of the Town. C. Design of Public Spaces 1) A public plaza will be used to link the Town of Avon to the Eagle River. This link should be reinforced in both a physical and perceptual way through the use of paving materials, landscaping, and sensitive spatial planning. Spatial planning shall include components that reinforce the connectivity of the Town to the River, and avoid elements that act as barriers to this connection, such as planter walls that block pedestrian flow, landscaping that screens the visual connection between Town and River, etc. D. Pedestrian orientation 1) A pedestrian corridor, connecting the town to a retail plaza with gondola, will gracefully transition from the plaza to the riverfront promenade by way of a staircase and stepped terraces merging with the natural landscape. This transition will avoid barriers from the Town to the River, and include elements which reinforce this connection, including similar paving materials, wide pedestrian ways that encourage movement, active signage and wayfinding, and a gracious grand stair with oversized treads and minimal risers. 2) Pathways shall also create a network within the Village itself, linking the different buildings along the length of the site and providing pedestrian access to defined access/gathering points along the River. The Plaza and pathways within Riverfront Village should encourage a pedestrian-friendly environment. E. View Corridors 1) A primary southern view corridor to the mountains shall be maintained from the eastern railroad crossing through the public plaza to help reinforce the connection between the Town and the ski mountain. 2) An east-west view corridor along the Eagle River will also be maintained through the preservation of a 75-foot river setback throughout most of the site, with limited minor encroachments as allowed in the development plan. In addition, the Riverfront Park will act as a natural corridor along the river edge portion of the Village and act to enhance this view corridor. F. The Natural Environment 1) The Eagle River is a primary amenity for the Town of Avon and Riverfront Village. Links to the River shall be developed as special pedestrian ways to help activate this wonderful amenity. 2) The 75-foot river setback will be largely left in its natural state, and certain defined river access and gathering points should be created along the linear riverfront path. 3) In general, additional plantings within the river setback will be riparian in character and relate to plantings indigenous to river edge environments. More formal planting areas -- such as small sections of lawn, however, are encouraged at special gathering and access points to highlight these more formal features. Formal plantings featuring annuals are not permitted within the 75-foot setback. 4) In an effort to enhance the natural environment, site walls and site walkways should become more "organic" as they approach the river edge portion of the Village. Any walls installed south of the bike path shall be limited to boulder walls. Accessibility shall be considered when designing walkways.II. Site and Village GuidelinesITEM C.2. SITE WALLS AMENDED. ALL OTHER SITE AND VILLAGE GUIDELINES UNDER EXISTING PUD DEVELOPMENT PLAN APPLY TO LOT 1. A. Primary Building Entries 1) Primary building entries shall be emphasized as welcoming portals through careful attention to massing, scale, and materials. This will ensure that Riverfront Village will not turn its back to Avon. Portals will be scaled to encourage pedestrian movement through them-and avoid overwhelming or diminutive massing-and they will be treated with materials that enhance this experience. The front doors of buildings should be treated in interesting ways, either through the use of glass or special designs and materials that provide interest to these special areas of each building. 2) Massing of entries shall relate to the overall massing of the buildings but be presented as special forms different than typical building bays. Sensitivity to scale should be considered when transitioning from the overall larger building mass to the more intimate scale of the pedestrian visitor. Designers are encouraged to use materials in interesting ways at primary building entries to reinforce their unique role as part of the building and as part of the overall Village streetscape. B. Solar Access 1) A solar access study shall be required for buildings exceeding 3 stories in height. These studies will convey shading impacts at summer and winter solstice (Jun 21 and Dec 21), and at vernal and autumnal equinox (Mar 21 and Sept 21). C. Site Materials and Colors 1. Plaza materials a) Rustic materials common in mountain towns and/or a more contemporary interpretation of these materials such as cut stone pavers, colored concrete pavers, and stained or colored concrete slabs are appropriate to the Village. Colors shall be complementary to the site and its architecture, avoiding bright or brilliant hues that distract from the pedestrian experience.the le 2. Site walls a) Site walls shall make use of more contemporary materials such as colored concrete masonry, stained concrete, board-formed concrete, and similar materials, in colors complementary to the site and its buildings. Site walls shall relate to plaza materials and building bases to help visually merge the ground plane around the site. Boulder walls shall be permitted in those areas where walls transition the project to natural and surrounding grades, and shall require the approval of the Planning Commission during design and development plan review. D. Site Signage - Design, materials, and colors 1) Site signage shall be designed to help animate the plaza and be consistent and compatible with the design and materiality of the buildings. Site lighting will also be used to enhance the pedestrian experience at the Plaza level.III. Architectural Design GuidelinesITEMS A. 2) AND 7) AMENDED. ALL OTHER ARCHITECTURAL DESIGN GUIDELINES UNDER EXISTING PUD DEVELOPMENT PLAN APPLY TO LOT 1. A. Building Form and Massing 1) In general the form and massing within Riverfront Village will follow the intent of the Town of Avon Design Guidelines by incorporating form articulation to avoid the monolithic. However, specific buildings within the Village shall be subject to less or more stringent requirements relative to building form and massing as identified within this document to form a coherent, pleasant composition for the entire neighborhood. 2) Smaller masses, such as portions of the building or elements such as porte cocheres, etc, will be used to break up the apparent size of larger building forms. Smaller masses positioned in front of large masses will be used to reduce the visual dominance of the larger forms,with particular emphasis in stepping back building height, bulk, and mass in the areas of Lots that are located along the river corridor and recreation path interface. 3) The development of building bases will help to tie together individual buildings within the Village and will also tie the Village to its riverfront site. Site walls, and other site features shall relate to building bases in a way that reinforces visual connectivity to the ground plane. The plaza and gondola terminal, with its cantilevered structure will stand out as an elevated element from the south, drawing people up from the river. 4) In general the middles of buildings will be more visually subtle, but broken by primary and secondary elevation features and material accents that help to avoid monotonous facades. On any given elevation at Lots 1, 3, and 4, 80 percent of the vertical wall area will be permitted to be within the same plane, with a minimum of 1-foot offset for plane changes. Vertical forms comprised of stacked decks and balconies will be considered plane changes. At Lots 5, 6, and 7, 70 percent of the vertical wall area will be permitted to be within the same plane. 5) The roofscape of Riverfront Village is also critical to the success of the neighborhood and its relationship to the Town of Avon. The visual coherency of the Village should be reinforced through the use of similar and compatible roofing materials and colors throughout the Village, helping to knit the individual buildings together when seen from the Gondola or Beaver Creek above. 6) Pitched roofs expressive of an alpine tradition and the incorporation of dormers, shed roofs and chimney forms, should be employed, while allowing variation in roof pitches to break up building mass and height. Primary roofs will have pitches ranging from a minimum of 2:12 to a maximum of 8:12. Secondary roofs-such as at dormers, porte cocheres, building protrusions, and similar additive forms-may be flat, but only if they are finished in materials similar in quality to roof or wall materials on the building, such as pavers, colored stone, etc. When secondary roofs are pitched roofs, the minimum pitch required shall be 2:12. Flat roofs may be permitted for primary roof forms in order to help address views and reduce overall height of buildings along the river interface. Ideally flat roofs should be developed as terraces and other functional spaces. 7) Given the modern alpine character of the architecture at Riverfront Village, roof overhangs are encouraged for buildings on Lot 1, which are visually and compositionally related to the Hotel. At these locations the minimum roof overhang permitted shall be six inches. At other locations within Riverfront Village the minimum roof overhang shall be 24 inches for primary roofs and 12 inches at secondary dormers. 8) To help ensure that roof ridges for the Village remain interesting and contribute to the overall success of building massing, uninterrupted ridgelines shall be avoided. To this end, roof ridgelines are limited to 150 feet before a change in height (elevation above sea level) is required. These breaks (elevation changes) shall run horizontally for at least 10% of the overall building ridge length before returning to the prior elevation. Overall building ridge length is defined as the sum of all primary ridge lengths for the entire building. B. Building Height 1) Building heights for the Riverfront Village will be restricted to the heights described in the approved Development Plan, as measured according to the Town of Avon Code. Architectural features such as chimneys, cupolas, and other similar elements will not be included when calculating maximum building height. 2) In addition, the percentage of ridge height allowed at the maximum allowable building height for any given building will be limited to 25% of the overall building ridge length. Overall building ridge length is defined as the sum of all primary ridge lengths for the entire building. 3) The maximum height for building facades fronting the Public Plaza will be limited to 75 feet from the Plaza elevation. The only exception to this facade height limitation shall be for the western façade of the central tower of the hotel, which shall be permitted to be as tall as 100 ft. from Plaza elevation. This central tower façade may run horizontally for up to 60 feet along the plaza. 4) The minimum horizontal setback required for building facades exceeding the maximum height for building facades fronting the Public Plaza will be 2 feet from the building façade fronting the Public Plaza. This shall only apply to the central tower portion of the Hotel. 5) The minimum setback required for maximum allowable height per the Development Standards from the Public Plaza will be 60 feet from building façade fronting the Plaza C. Exterior Materials, Detailing, and Colors 1. Materials and colors for walls and roofs at Riverfront Village will have a Light Reflective Value (LRV) not exceeding 60%. a) Materials inherent to the mountains, including stone and wood, will be used at lower levels of buildings in areas of direct pedestrian interface, as well as metals. These materials should be used in refreshing ways within the Village, reinterpreted for the urban nature of Avon towards a "mountain modern" character. b) Stucco conveys mass in a subtle, "quiet" way and is therefore a recommended material for building middles and tops. However, building accents comprised of non-stucco materials, such as metal, wood and cement materials replicating wood, shall be allowed in building middles and tops to help provide interest, except as prohibited by Codes. When used, stucco shall be carefully detailed to ensure longevity when it comes near the ground plane at building walls. Greater variation in materials for town homes is contemplated with less reliance on the use of stucco in lieu of use of recycled and other siding materials. c) Roof materials will include rubber shingles, asphalt shingles and other materials suitable for mountain environments. Standing seam metal may be used for primary roof planes and for small and/or special roof features such as shed dormers, retail roof forms, porte cocheres, and other selective roof elements. d) In general, colors used within the Village should be complementary to the site, and be comprised of greens, grays, golds, browns, and other earth-tone hues. However, due to the desire for a highly activated retail experience at the Plaza level, the colors used along the retail edges of the Public way may be more vibrant and active in nature. 2. Minimum window area at plaza level a) At a minimum, 50% of the 1st level of building facades facing the plaza from the east and the west shall be glass. For this calculation the plaza shall be deemed to begin at the northwest corner of the hotel and the northeast corner of timeshare west and shall terminate at the east-west plane where the staircase down to the river begins. This calculation shall exclude the gondolaterminal, control booth and public restrooms.
September 3, 2019 PZC Meeting – 4691 North Point 1
Staff Report –Alternative Equivalent Compliance
September 3, 2019 Planning and Zoning Commission Meeting
Case #AEC19006
Project type Alternative Equivalent Compliance
Public Hearing Required
Legal Description Lot 53A Block 3Wildridge Subdivision
Zoning Planned Unit Development (PUD)
Address 4691 North Point
Prepared By David McWilliams, Town Planner
Staff Report Overview
This staff report contains one application for consideration by the PZC: Alternative Equivalent
Compliance (AEC) for the roof pitch under the required 4:12 pitch. Staff administratively approved a
Minor Development Application (MNR) for a deck and expanded great room on the property in 2018,
and a slight modification of that application to also cover the deck, earlier in 2019.
Summary of Request
Bobby Ladd (the Applicant) with RAL Architects proposes a new roof design for Lot 53A. The
originally approved improvement had a 3:12 pitch made of metal. Upon further study, the applicant
modified the proposal as a shingled roof. The design consideration is that this proposal better addresses
snow shedding off of the roof and on to the driveway below.
Public Notice
Notice of the public hearing was published in the August 23 edition of the Vail Daily in accordance
with Sec. 7.16.020(d) of the Avon Development Code. Mailed notice is not required for this application
type. The neighbor is aware of the modification proposal and approves.
Property Description
Lot 53A is located at the end of North Point at
the top of Wildridge. It is zoned PUD and
contains a duplex, per the PUD standards. It
borders duplex and single-family houses and
National Forest land to the north.
Planning Analysis
Building Height: The application does not
propose any building height changes, and
therefore staff did not require any
analysis.
Design Standards Analysis
Building Design, Building Materials and Colors: The primary exterior building materials are
stucco and stone tiles (Attachment A). Colors were reviewed for conformance with Sec.
7.28.090(j)(4)(viii), Building Materials, and determined to comply with the design standards. All
September 3, 2019 PZC Meeting – 4691 North Point 2
materials are of high quality and compliment Avon’s built landscape.
Roof Material and Pitch: Sec. 7.28.090(d)(3) Roofs reads as follows:
(i) All residential buildings shall have pitched roofs with a rise of not less than four (4) inches
in twelve (12) inches of distance. Primary roofs shall have a four-to-twelve (4:12) minimum
and a twelve-to-twelve (12:12) maximum. Secondary roofs shall have a four-to-twelve (4:12)
minimum and metal roofs shall have a three-to-twelve (3:12) minimum. Flat roofs may be
permitted as secondary roofs or if the flat roof is consistent with the architectural style of the
building.
(ii) All buildings shall incorporate roofline modulation.
(iii) Large expanses of bright, reflective materials are not permitted; however, standing seam
metal, copper or weathering steel (corten) may be acceptable.
The applicant is proposing a 3:12 roof pitch with shingles. Pitches are required to be 4:12 or above,
therefore an Alternative Equivalent Compliance review is necessary, found below.
§7.16.080 – Development plan.
1. Evidence of substantial compliance with the purpose of the Development Code as specified
in Section 7.04.030, Purposes;
2. Evidence of substantial compliance with Section 7.16.090, Design review;
3. Consistency with the Avon Comprehensive Plan;
4. Consistency with any previously approved and not revoked subdivision plat, planned
development or any other precedent plan or land use approval for the property as
applicable;
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
6. That the development can be adequately served by city services, including but not limited
to roads, water, wastewater, fire protection and emergency medical services.
Staff Response: The original application was determined to be in compliance with these standards.
§7.16.090(f), Design Review.
1. The design relates the development to the character of the surrounding community; or, where
redevelopment is anticipated, relates the development to the character of Avon as a whole;
2. The design meets the development and design standards established in this Development Code;
and
3. The design reflects the long-range goals and design criteria from the Avon Comprehensive
Plan and other applicable, adopted plan documents.
Staff Response: Staff analyzed the original application on these merits and determined that the
application was in conformance with Design Review. Now, it is up to PZC to determine if the
September 3, 2019 PZC Meeting – 4691 North Point 3
modification conforms to the same degree or better than the subject design standard.
7.16.120 - Alternative Equivalent Compliance
Alternative equivalent compliance is a procedure that allows development to meet the intent of the
design-related provisions through an alternative design. It is not a general waiver or weakening of
regulations; rather, this application procedure permits a site-specific plan that is equal to or better
than the strict application of a design standard specified in the Development Code. This procedure is
not intended as a substitute for a variance or administrative modification or a vehicle for relief from
standards in this Chapter. Alternative compliance shall apply only to the specific site for which it is
requested and does not establish a precedent for assured approval of other requests.
Review Criteria.
The PZC shall use the following review criteria as the basis for a decision on an application for
alternative equivalent compliance:
1. The proposed alternative achieves the intent of the subject design or development standard
to the same or better degree than the subject standard;
2. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to
the same or better degree than the subject standard;
3. The proposed alternative results in benefits to the community that are equivalent to or better
than compliance with the subject standard; and
4. The proposed alternative imposes no greater impacts on adjacent properties than would
occur through compliance with the specific requirements of this Title.
AEC Request
The shingled roof pitch component requires an AEC for PZC consideration.
Applicant Response
The roof material change is a safer solution and is aesthetically appropriate.
Staff Analysis
The intent of mandating a 4:12 pitch is to create an attractive angled shape of the roof, and a unified
aesthetic throughout town. The PZC is instructed to review the alternative for achieving the intent of
the subject design standard, which is in part informed by the Purposes section of Avon Municipal Code.
Section 7.04.030 states, “(l) Promote architectural design which is compatible, functional, practical
and complimentary to Avon's sub-alpine environment.”
Section 7.28.090(c)(4)(i) states, “(i) Pitched roofs, particularly those located over building entrances,
shall be oriented such that excessive snow and ice does not accumulate over or drop onto pedestrian
walkways, parking areas or drives. Special protection, such as snow fences, shall be required for roofs
so oriented.” While changing the pitch or orientation of the roof is not within the scope of this
application, the proposed modification seems to meet the intent of the language the same degree or
better than the original design. The PZC should carefully assess the application for compliance with
the review criteria, listed above. Staff has outlined a recommended motion of approval for the AEC
request.
Staff Recommendation:
Staff recommends approval of the Alternative Equivalent Compliance application for Lot 53A Block 3
September 3, 2019 PZC Meeting – 4691 North Point 4
Wildridge Subdivision with the following findings:
Findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan,
§7.16.090(f), Design Review, and §7.16.120 Alternative Equivalent Compliance;
2. The AEC 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;
4. The AEC results in benefits to the community that are equivalent to or better than compliance
with the roof design standards; and
5. The AEC imposes no greater impacts on adjacent properties than would occur through
compliance with the specific requirements of the Avon Development Code.
Motion to Approve the Application:
“I move to approve Case #AEC19006, an application for Alternative Equivalent Compliance for Lot
53A Block 3 Wildridge Subdivision together with the findings of fact outlined by Staff.”
Attachments:
A. AEC Application Materials
B. Pages from original MNR approval
1 - The proposed asphalt roof shingles are rated to be installed on a 3:12 roof. Additionally, the roof
underlayment will be the same ice and watershield as would be installed with a metal roof.
2 - The proposed asphalt shingle alternative will achieve the goals of the Avon Comprehensive plan by
providing a solution that is aesthetically appropriate matching the roof on the existing residence and
attached duplex unit as well as a safer solution eliminating the risk of metal roof snow slide occurring
over the front entrance and garage of the residence.
3 - The proposed asphalt shingle roof offers the same benefit to the community as a metal alternative -
both are viable, long term roofing solutions appropriate for the climate and exposure.
4 - The proposed asphalt shingle roof will not add any greater impacts to adjacent properties and it will
eliminate the risk of metal roof sun reflection adversely affecting any adjacent properties including the
attached duplex unit.
Attachment A
DUPLEX A DUPLEX B
GARAGE FLOOR ELEVATION
MAIN FLOOR ELEVATION
UPPER FLOOR ELEVATION
BASEMENT FLOOR ELEVATION
DUPLEX A DUPLEX B
GARAGE FLOOR ELEVATION
MAIN FLOOR ELEVATION
UPPER FLOOR ELEVATION
BASEMENT FLOOR ELEVATION
NEW STANDING SEAM
METAL ROOF
COLOR - DARK BRONZE
01METAIL COLUMN
COLOR - GRAY
I S S U E S
L A N D S C A P E
A R C H I T E C T
N O T E S
DATEDESCRIPTIONNO.
A PNZ Submittal 08.29.18
18-260
June 1, 2019
ral
RAL Architects, Inc.2019C Edwards, Colorado 81632email ~ bobbyl@ralarch.comP.O. Box 1805Phone ~ 970.376.4227Stromquist Residence
Avon, Colorado
S T R U C T U R A L
-
Wildridge
Lot 53A, Block 3
Remodel
004691 North Point #A
B Roof Revision 09.05.18
C Building Permit 10.10.18
D Owner Revisions 06.01.19
Exterior
Building
A2.1
Existing Front Elevation
Elevations
New Front Elevation
Attachment A
GARAGE FLOOR ELEVATION
MAIN FLOOR ELEVATION
UPPER FLOOR ELEVATION
BASEMENT FLOOR ELEVATION
GARAGE FLOOR ELEVATION
MAIN FLOOR ELEVATION
UPPER FLOOR ELEVATION
BASEMENT FLOOR ELEVATION
12
3
12
5
07
TOP OF WALL
11'-1012"WOOD FASCIA
COLOR - TO MATCH EXISTING
METAL COLUMN
COLOR GRAY
WOOD BEAM
COLOR - TO MATCH EXISTING
STUCCO
COLOR - TO MATCH EXISTING
I S S U E S
L A N D S C A P E
A R C H I T E C T
N O T E S
DATEDESCRIPTIONNO.
A PNZ Submittal 08.29.18
18-260
June 1, 2019
ral
RAL Architects, Inc.2019C Edwards, Colorado 81632email ~ bobbyl@ralarch.comP.O. Box 1805Phone ~ 970.376.4227Stromquist Residence
Avon, Colorado
S T R U C T U R A L
-
Wildridge
Lot 53A, Block 3
Remodel
004691 North Point #A
B Roof Revision 09.05.18
C Building Permit 10.10.18
D Owner Revisions 06.01.19
Exterior
Building
A2.2
Existing Side Elevation Elevations
New Side Elevation
Attachment A
DUPLEX A DUPLEX B
GARAGE FLOOR ELEVATION
MAIN FLOOR ELEVATION
UPPER FLOOR ELEVATION
BASEMENT FLOOR ELEVATION
DUPLEX A DUPLEX B
GARAGE FLOOR ELEVATION
MAIN FLOOR ELEVATION
UPPER FLOOR ELEVATION
BASEMENT FLOOR ELEVATION
NEW ASPHALT SHINGLE ROOF
COLOR - MATCH EXISTING
01METAIL COLUMN
COLOR - BLACK
I S S U E S
L A N D S C A P E
A R C H I T E C T
N O T E S
DATEDESCRIPTIONNO.
A PNZ Submittal 08.29.18
18-260
July 29, 2019
ral
RAL Architects, Inc.2019C Edwards, Colorado 81632 email ~ bobbyl@ralarch.comP.O. Box 1805Phone ~ 970.376.4227Stromquist Residence
Avon, Colorado
S T R U C T U R A L
-
Wildridge
Lot 53A, Block 3
Remodel
004691 North Point #A
B Roof Revision 09.05.18
C Building Permit 10.10.18
D Owner Revisions 06.01.19
E Deck Roof Revisions 07.29.19
Exterior
Building
A2.1
Existing Front Elevation
Elevations
New Front Elevation
Attachment B
GARAGE FLOOR ELEVATION
MAIN FLOOR ELEVATION
UPPER FLOOR ELEVATION
BASEMENT FLOOR ELEVATION
GARAGE FLOOR ELEVATION
MAIN FLOOR ELEVATION
UPPER FLOOR ELEVATION
BASEMENT FLOOR ELEVATION
12
3
12
5
07
TOP OF WALL
WOOD FASCIA
COLOR - TO MATCH EXISTING
METAL COLUMN
COLOR - BLACK
WOOD BEAM
COLOR - TO MATCH EXISTING
STUCCO
COLOR - TO MATCH EXISTING
I S S U E S
L A N D S C A P E
A R C H I T E C T
N O T E S
DATEDESCRIPTIONNO.
A PNZ Submittal 08.29.18
18-260
July 29, 2019
ral
RAL Architects, Inc.2019C Edwards, Colorado 81632 email ~ bobbyl@ralarch.comP.O. Box 1805Phone ~ 970.376.4227Stromquist Residence
Avon, Colorado
S T R U C T U R A L
-
Wildridge
Lot 53A, Block 3
Remodel
004691 North Point #A
B Roof Revision 09.05.18
C Building Permit 10.10.18
D Owner Revisions 06.01.19
E Deck Roof Revisions 07.29.19
Exterior
Building
A2.2
Existing Side Elevation Elevations
New Side Elevation
Attachment B
Page I 1 September 3, 2019 PZC Meeting – 2345 Fox Lane Fence
Staff Report
Case #MNR19018 & AEC19005 Public Hearing
September 3, 2019 Planning & Zoning Commission Meeting
Staff Report Overview
This staff report contains two applications for consideration by the PZC:
1. Minor Development Plan for an installed fence.
2. Alternative Equivalent Compliance for deviation from Town Code for the fence design.
Summary of Request
Ben Usatch (the Applicant) recently received notice from the Town of Avon that the fence built on his
property deviates from Avon Municipal Code (AMC) regulations and was installed without necessary
approvals. The Community Development department received word of improvements at the property
from the locate service which corresponds with the Town from time to time. Upon notice and
inspection, the type of fence built was verified to be out of compliance with AMC. The applicant has
been very responsive and understanding of this AEC review process.
Property Description
The property is the first duplex on the right when going up Fox Lane. The lot nearest the fence
is undeveloped and zoned for a duplex. A vicinity map is located on the last page of this report.
Fence Description
The fence was built against the east side of the house. It is roughly six (6) feet tall, has four
(4) rails, and contains wire mesh.
Public Notice
Notice of the public hearing was published in the August 23, 2019 edition of the Vail Daily in
accordance with Sec. 7.16.020(d) of the Avon Development Code. Mailed notice is not required for
this application type. The applicant’s duplex neighbor has approved the modifications as constructed.
Fences in Wildridge
Section 7.28.080(b), of the Municipal Code offers the following intent and design of fence structures
in Wildridge:
Although discouraged in Wildridge and Wildwood, in all instances fences should complement the
property and landscape rather than contain the property. Fences that delineate property boundaries are
not permitted. Fences will be considered for approval by staff only when demonstrated by the applicant
that the design is consistent with the following criteria:
(i) Fence material shall be wood and no more than four (4) feet in height;
(ii) Fences shall be constructed using a split rail design with no more than two (2) horizontal rails;
Project type
Alternative Equivalent Compliance Public Hearing Required
Legal Description Lot 65 Block 1 Wildridge
Zoning PUD
Address 2345 Fox Lane Unit A
Prepared By David McWilliams, Town Planner
Page I 2 September 3, 2019 PZC Meeting – 2345 Fox Lane Fence
(iii) Fences shall not delineate property lines;
(iv) Fences shall not enclose an area of two thousand (2,000) square feet or more;
(v) Fences shall ensure that wildlife migration is not negatively affected with the proposed fence
design;
(vi) If a fence is part of a multi-family project, approval shall be received from the association and
the fence design shall be integrated with the overall landscape design of the property; and
(vii) If a fence is located on a duplex property, written approval shall be received from the adjoining
property owner and the fence design must be integrated with the overall landscape design.
7.16.120 Alternative Equivalent Compliance
Alternative equivalent compliance is a procedure that allows development to meet the intent of the
design-related provisions of the code through an alternative design. It is not a general waiver or
weakening of regulations; rather, this application procedure permits a site-specific plan that is equal to
or better than the strict application of a design standard specified in the Development Code. This
procedure is not intended as a substitute for a variance or administrative modification or a vehicle for
relief from standards in this Chapter. Alternative compliance shall apply only to the specific site for
which it is requested and does not establish a precedent for assured approval of other requests.
AEC Review Criteria
The PZC shall use the following review criteria as the basis for a decision on an application for
alternative equivalent compliance:
(1) The proposed alternative achieves the intent of the subject design or development standard
to the same or better degree than the subject standard;
(2) The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to
the same or better degree than the subject standard;
(3) The proposed alternative results in benefits to the community that are equivalent to or better
than compliance with the subject standard; and
(4) The proposed alternative imposes no greater impacts on adjacent properties than would
occur through compliance with the specific requirements of this Title.
AEC Request
Specific design components require an AEC for PZC consideration:
• The Application proposes that the fence as built remain in place, despite its deviation from the
AMC, highlighted above. The AEC application is included as Attachment A.
Applicant Response: According to the applicant, the fence has minimal impact and blends with the
original flora and architecture.
Staff Response: Staff is hesitant to recommend approval of an application that essentially asks for
forgiveness and not permission to deviate from the fence regulations. The fence location next to an
undeveloped lot makes staff concerned from a visibility standpoint, and the nonconformity is striking due to
the height. The overall footprint of the fence is not concerning, and staff feels the fence has merit if redesigned in
the context of a screened two (2) rail split rail fence at four (4) feet. Therefore, staff suggests a condition of
approval of the AEC to reduce the height of the existing fence to the required 4 (four) feet and that only two (2)
horizontal rails be included.
Staff Recommendation for AEC19005 Alternative Equivalent Compliance:
Staff recommends approval of the AEC application for Lot 65, Block 1, Wildridge Subdivision with the
Page I 3 September 3, 2019 PZC Meeting – 2345 Fox Lane Fence
following findings and conditions:
Findings:
1. The proposed application was reviewed pursuant to §7.16.120, Alternative Equivalent
Compliance, and §7.16.080(f), Development Plan.
2. The proposed alternative achieves the intent of the subject design or development standard to
the same or better degree than the subject standard;
3. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to
the same or better degree than the subject standard;
4. The proposed alternative results in benefits to the community that are equivalent to or better
than compliance with the subject standard; and
5. The proposed alternative does not impose greater impacts on adjacent properties than would
occur through compliance with the specific requirements of the Code.
Conditions:
1. The height of the fence shall be lowered to 4 (four) feet and the modification shall only include 2
(two) horizonal rails; and
2. All modifications shall be performed by November 2, 2019.
Recommended Motion:
“I move to approve Case #AEC19005, an Alternative Equivalent Compliance application for
Lot 65, Block 1, Wildridge Subdivision together with the findings and conditions recommended by
staff.”
Staff Recommendation for MNR19018
Staff recommends approval of the AEC application for Lot 65, Block 1, Wildridge Subdivision
with the following findings:
1. The application is complete;
2. The application provides sufficient information to allow the PZC to determine that the
application complies with the relevant review criteria;
3. 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;
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
5. No extra demand for public services is made by the application; and
6. The design relates the development to the character of the surrounding community.
Recommended Motion:
“I move to approve Case #MNR19018, a Minor Development Plan for Lot 65, Block 1, Wildridge
Subdivision together with the findings recommended by staff."
Exhibits:
A. Application Materials
Page I 4 September 3, 2019 PZC Meeting – 2345 Fox Lane Fence
Vicinity Map:
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A