PZC Packet 050520Notice of Regular Avon Planning and Zoning
Commission Meeting
May 5, 2020 at 5:00 p.m. MST
WEBINAR MEETING ONLY
Avon Town Hall is closed to the public due to COVID-19
pandemic health orders to restrict gatherings.
Physical attendance of the Avon Planning and Zoning
meeting is not allowed.
Please go to the Town of Avon website, www.Avon.org, and
click on the Planning and Zoning Commission bar on the top of
the home page to find information on registering to join the
meeting. You can also find the agenda and meeting packet
materials for the meeting under Government > Planning &
Zoning Commission > Agendas, Packets & Materials.
We apologize for the inconvenience and
_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS WERE NOT POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY DUE TO THEIR CLOSURE
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN PLANNER DAVID MCWILLIAMS AT 970-748-4023 OR EMAIL CMCWILLIAMS@AVON.ORG WITH ANY SPECIAL REQUESTS.
1
PLANNING AND ZONING COMMISSION MEETING AGENDA
TUESDAY, MAY 5, 2020
MEETING BEGINS AT 5:00 PM
VIRTUAL MEETING ONLY
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. BUSINESS ITEMS
4.1. MNR20015 & AEC20005 MINOR DESIGN PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE FOR A PROPOSED
FENCE PROJECT ON LOT 9 WILDRIDGE ACRES 2825 KED SPUR (KELLY AND TIM DRESCHER & TOWN PLANNER
DAVID MCWILLIAMS) PUBLIC HEARING
4.2. CONSENT AGENDA
4.2.1. APPROVAL OF APRIL 7, 2020 MEETING MINUTES
4.2.2. APPROVAL OF RECORD OF DECISION – MJR20001 - PARCEL C BASECAMP, 38359 US 6.
4.2.3. APPROVAL OF RECORD OF DECISION – CTA20001 - CODE TEXT AMENDMENT
4.2.4. APPROVAL OF RECORD OF DECISION – MNR20007 - AVON ROAD UNDER I-70 5. STAFF UPDATES
6. ADJOURN
May 5, 2020 PZC Meeting – 2825 Ked Spur Fence 1
TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner
RE: MNR20015 and AEC20005 Public Hearing
Lot 9 Wildridge Acres /2825 Ked Spur
DATE: May 5, 2020
STAFF REPORT OVERVIEW: This staff report contains two applications for consideration by the Planning and Zoning
Commission (PZC): Minor Development Plan and Alternative Equivalent Compliance (AEC) for a proposed fence on the
property
SUMMARY OF REQUEST: Kelly and Tim Drescher (the Applicants) propose a design to modify their existing two-rail split
rail fence to enclose it and add deer mesh to keep their dog in. Fences in Wildridge are subject to strict standards, detailed
below. Deviation from the Avon Development Code (ADC), in this case for size and material, requires an AEC application
and public hearing by the PZC.
PUBLIC NOTICE: Notice of the public hearing was
published in the April 24, 2020 edition of the Vail Daily in
accordance with Sec. 7.16.020(d) of the AMC. Mailed
notice is not required for this application type.
PROPERTY DESCRIPTION: Lot 9 is located at the end of
Ked Spur and the proposed back yard improvements (and
current fence) are visible from O’Neal Spur.
PLANNING ANALYSIS: 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;
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.
Staff Response: The proposal is to modify the existing fence and make it more functional rather than decoration. While
fences are required to be made of wood only, aesthetically appropriate two-rail split rail fences have been approved by
PZC. The current fence delineates a large portion of the back-property line. The location could be described as an existing
non-conformity, where staff assumes the fence was built before the current code language was enacted. There is no
record of a fence application for the house, which was built in 1991.
May 5, 2020 PZC Meeting – 2825 Ked Spur Fence 2
DESIGN STANDARDS ANALYSIS:
Landscaping: No landscaping changes are proposed. The back yard
is mostly short manicured grasses with various shrubs and trees.
MINOR DEVELOPMENT PLAN & DESIGN REVIEW - REVIEW
CRITERIA: § 7.16.080(f), Development Plan 1. Evidence of substantial compliance with the purpose
of the Development Code as specified in §7.04.030, Purposes;
Staff Response: The PZC should carefully weigh if the application
complies with the applicable purposes outlined in the Development Code
(linked below). Purpose (l) states, “Promote architectural design which is
compatible, functional, practical and complimentary checking to Avon's sub-alpine environment”.
2. Evidence of substantial compliance with §7.16.090, Design Review; Staff Response: This Application should be assessed for compliance with the Design Review Criteria of the Development
Code, found below. The Design Review section seeks quality development that is visually harmonious with the site and the
surrounding vicinity.
3. Consistency with the Avon Comprehensive Plan;
Staff Response: The site is located in the Northern Residential District (District 11 of the Comprehensive Plan, linked
below), which states, “The character for the developed landscape should reflect the area’s dry climate and typically steep
terrain with low water-requiring plant materials and natural landscaping. Due to the limited number of existing trees and
shrubs and the open character of the property, special care should be taken to ensure that all structures are compatible
with one another and in harmony with the natural surroundings.”
4. Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable;
Staff Response: Except where noted, the application conforms with the accompanying requirements of the PUD zoning
and the Development Code.
5. Compliance with all applicable development and design standards set forth in this Code, including
but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter
7.24, Use Regulations, and Chapter 7.28, Development Standards; and Staff Response: The analysis contained in this staff report addresses all applicable Development Code standards.
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: Not applicable.
§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;
Staff Response: The application proposes a design that relates to the character of the surrounding community. This
property is unique in that it is not on a steep hillside and the backyard can be seen from an adjacent street. The existing
fence (that delineates the back property line) addresses a unique condition for the neighborhood and does so in a
appropriate way.
2. The design meets the development and design standards established in this Development Code; and
Staff Response: Except as noted, the design is compliant with the development and design standards contained in the
May 5, 2020 PZC Meeting – 2825 Ked Spur Fence 3
Development Code.
3. The design reflects the long- range goals and design criteria from the Avon Comprehensive Plan and
other applicable, adopted plan documents.
Staff Response: Applicable adopted plans include the Avon Comprehensive Plan a and Development Code. The
design has been evaluated for conformance with these plans and staff has determined the proposed design meets the
requirements.
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.
Applicant Response: According to the applicant, the fence will be installed with welded mesh to keep the dog in the yard.
While the fence deviates from the design standards for Wildridge, this fence type has been previously approved in the
neighborhood and does not impact the neighborhood (Attachment A, page 1).
Staff Response: The AEC application achieves the intent of the development standards to the same degree without
causing great impacts on adjacent properties. The existing fence is located in a visible area that serves as a transition
zone between houses facing Ked Spur and those facing O’Neal Spur. The existing fence location is not ideal per code, but
enclosing the space using the house achieves a desirable aesthetic in line with similar improvements in the neighborhood.
STAFF RECOMMENDATION FOR AEC20005 ALTERNATIVE EQUIVALENT COMPLIANCE: Staff recommends
approval of the AEC application for Lot 1 Block 2 Wildridge Subdivision with the following findings:
Findings:
1. The proposed application was reviewed pursuant to §7.16.120, Alternative Equivalent Compliance;
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;
5. The proposed alternative does not impose greater impacts on adjacent properties than would occur through
compliance with the specific requirements of the Code; and
6. The addition of wire mesh is appropriate on the existing fence; therefore the excess enclosed area and property
delineation are merited.
May 5, 2020 PZC Meeting – 2825 Ked Spur Fence 4
RECOMMENDED MOTION: “I move to approve Case #AEC20005, an Alternative Equivalent Compliance application for
Lot 9 Wildridge Acres Subdivision together with the findings as recommended by staff."
ALTERNATIVE ACTION: If the location and size of the fence are disagreeable to PZC, Staff suggests continuing the public
hearing pending modifications that limit the location and interior closed area.
STAFF RECOMMENDATION FOR MNR20015: Staff recommends approval of the Major Development Plan with the
following findings and conditions:
Findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design
Review. The design meets the development and design standards established in the Avon Development Code;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the application complies with
the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
5. The demand for public services or infrastructure exceeding current capacity is mitigated by the application; and
6. The design relates the development to the character of the surrounding community.
RECOMMENDED MOTION: “I move to approve Case #MNR20015, an application for Minor Design and Development
Plan for Lot 9 Wildridge Acres Subdivision together with the findings of fact outlined by Staff.”
ATTACHMENT:
A. Application Materials
LINKS:
Avon Development Code
Avon Comprehensive Plan
Thank you,
David McWilliams
970-749-4023
cmcwilliams@avon.org
2825 Ked Spur, Wildridge – Fence Upgrade Written Statement
We would like to extend our existing split rail fence and add wire deer mesh. The current fence extends
around about two-thirds of the backyard. We would extend this to the back corners of the house. I
have included pictures of the fence at 2900 June Creek Trail (across from the dog park and just around
the corner from our house) which is up to Avon code and serves as an example of what we are
proposing.
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
AVON PLANNING AND ZONING COMMISSION MEETING MINUTES
TUESDAY MARCH 3, 2020
VIRTUAL MEETING
1. CALL TO ORDER AND ROLL CALL
Chairperson Lindsay Hardy called the regular meeting to order at 5:03 p.m. A roll call was taken, and Planning
Commission members present were Rebecca Smith, Jared Barnes, Steve Nusbaum, Alex Dammeyer, and
Marty Golembiewski. Also present were Town Planner David McWilliams and Planning Director Matt Pielsticker.
2. APPROVAL OF AGENDA
Chairperson Hardy modified the agenda to include item 4. Commissioner Barnes motioned to approve the
amended agenda. Commissioner Golembiewski seconded the motion and it carried unanimously 6-0.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Commissioners Smith and Hardy recused themselves from item 5.3 due to their employment.
4. TRAER CREEK DRB UPDATE
Chairperson Hardy updated the commission regarding the Avon Apartment Project Accent and entryway paint
colors.
5. BUSINESS ITEMS
5.1. CONSENT AGENDA
5.1.1. APPROVAL OF MARCH 3, 2020 MEETING MINUTES
5.1.2. APPROVAL OF RECORD OF DECISION – MJR20002 & AEC20001
5.1.3. APPROVAL OF RECORD OF DECISION – SGN20002
Commissioner Nusbaum motioned to approve the Consent Agenda. Commissioner Dammeyer seconded the
motion and it carried unanimously 6-0.
5.2. MJR20001, MAJOR DESIGN PLAN FOR A PROPOSED TOWNHOME PROJECT ON PARCEL C BASECAMP, 38359 US
6. (DOMINIC MAURIELLO, WILL HENTSCHEL, JIM GREGG, TOMMY GREGG & TOWN PLANNER DAVID MCWILLIAMS)
PUBLIC HEARING
Public Comment: None
Action: Commissioner Golembiewski motioned to approve the item with the following findings and conditions:
FINDINGS:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f),
Design Review. The design meets the development and design standards established in the Avon
Development Code;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the application
complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
5. The demand for public services or infrastructure exceeding current capacity is mitigated by the
application; and
6. The design relates the development to the character of the surrounding community.
CONDITIONS:
1. ILCs are required to confirm building height, location and footprint; and
2. An irrigation plan with hydrozones is required for approval before a building permit will be issued.
Commissioner Smith seconded the motion and it carried unanimously 6-0.
5.3. CTA20001, CODE TEXT AMENDMENT REQUIRING ELECTRIC VEHICLE CHARGING INFRASTRUCTURE WITH NEW
DEVELOPMENT. ALSO, NEW BUILDING CODE LANGUAGE MANDATING INCREASED BOILER EFFICIENCY AND “SOLAR-
READY” ROOF DESIGN WERE DISCUSSED. (TOWN PLANNER DAVID MCWILLIAMS) PUBLIC HEARING
Public Comment: None
Action: Commissioner Dammeyer motioned to recommend approval of the application with the following findings:
1. The application is complete;
2. The application provides sufficient information to allow the reviewing authority to determine that the
development application complies with the relevant review criteria;
3. The text amendments were reviewed with the criteria listed in Avon Municipal Code Section
7.16.040(c), Review Criteria, and are found to be in substantial compliance as outlined in the staff report
for the April 7, 2020 public hearing;
4. The text amendments promote the health, safety, and general welfare of the Avon Community;
5. The text amendments promote and implement the goals and policies of the Avon Comprehensive Plan,
including Policy G.4.1 and G.4.3;
6. The text amendments promote and implement the purposes stated in the Development Code, including
Section 7.04.030(m), by achieving innovation in the built environment;
7. The amendments to section Chapter 15 were reviewed and found to help achieve the Town’s adopted
Climate Action Plan greenhouse gas reduction target of 25% by 2025, and minimum of 80% by 2050;
8. A Development Bonus section applying to remodels is the proper tool to incentivize additional EV
infrastructure on properties with existing buildings and parking lots; and
9. Town of Avon Building Department must inspect EV/ Solar-Ready infrastructure during the building
process.
Commissioner Nusbaum seconded the motion and it carried unanimously 6-0.
5.4. MNR20007, MINOR DEVELOPMENT PLAN FOR PROPOSED PEDESTRIAN IMPROVEMENTS ON AVON ROAD UNDER I-
70. (PEDRO CAMPOS, JESSIE GREGG, AND TOWN PLANNER DAVID MCWILLIAMS) PUBLIC HEARING
Public Comment: None
Action: Commissioner Nusbaum motioned to approve the item with the following findings and conditions:
FINDINGS:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f),
Design Review. The design meets the development and design standards established in the Avon
Development Code;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the application
complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
5. The demand for public services or infrastructure exceeding current capacity is mitigated by the
application; and
6. The design relates the development to the character of the surrounding community.
CONDITIONS:
1. Engineering Staff shall revise plans for running electrical conduit to the snow shelters and future
snowmelt, should the need arise; and
2. Staff shall confirm with CDOT any improvements that might affect the implementation of the plan.
Commissioner Dammeyer seconded the motion and it carried unanimously 4-0, with Commissioners Hardy and
Smith absent.
6. STAFF UPDATES
Matt Pielsticker mentioned a joint PZC- Town Council work session discussing a hotel project during the next
scheduled meeting.
7. ADJOURN
There being no further business before the Commission, Commissioner Barnes moved to adjourn the meeting.
The time was 7:15 p.m.
These meeting minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most
accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office.
RESPECTFULLY SUBMITTED:
David McWilliams, Town Planner
APPROVED:
Lindsay Hardy, Chairperson __________________________________
PZC Record of Decision: #MJR20001 Page 1 of 1
PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION
DATE OF DECISION: April 7, 2020 TYPE OF APPLICATION: Major Development Plan
PROPERTY LOCATION: Parcel C Basecamp Subdivision
FILE NUMBER: MJR20001 APPLICANT: Dominic Mauriello
This Record of Decision is made in accordance with the Avon Development Code (“Development Code”)
§7.16.080(c):
DECISION: Approval of the development plan with the following findings and conditions:
FINDINGS:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design
Review. The design meets the development and design standards established in the Avon Development Code;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the application complies with
the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
5. The demand for public services or infrastructure exceeding current capacity is mitigated by the application; and
6. The design relates the development to the character of the surrounding community.
CONDITIONS:
1. ILCs are required to confirm building height, location and footprint; and
2. An irrigation plan with hydrozones is required for approval before a building permit will be issued.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________
PZC Chairperson
PZC Recommendations: #CTA20001 Page 1
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECOMMENDATION TO TOWN COUNCIL
DATE OF DECISION: April 7, 2020 TYPE OF APPLICATION: Code Text Amendments
FILE NUMBER: #CTA20001
APPLICANT: Town of Avon
These recommendations are made in accordance with the Avon Development Code (“Development Code”)
§7.16.040:
DECISION: Recommend approval of changes to Title 7: Development Code and additional charges to Title
15: Building and Construction.
FINDINGS:
1. The application is complete;
2. The application provides sufficient information to allow the reviewing authority to determine that
the development application complies with the relevant review criteria;
3. The text amendments were reviewed with the criteria listed in Avon Municipal Code Section
7.16.040(c), Review Criteria, and are found to be in substantial compliance as outlined in the
staff report for the April 7, 2020 public hearing;
4. The text amendments promote the health, safety, and general welfare of the Avon Community;
5. The text amendments promote and implement the goals and policies of the Avon
Comprehensive Plan, including Policy G.4.1 and G.4.3;
6. The text amendments promote and implement the purposes stated in the Development Code,
including Section 7.04.030(m), by achieving innovation in the built environment.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________
PZC Chairperson
PZC Record of Decision: #MNR20007 Page 1 of 1
PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION
DATE OF DECISION: April 7, 2020 TYPE OF APPLICATION: Minor Development Plan
PROPERTY LOCATION: Avon Road under I-70
FILE NUMBER: MNR20007 APPLICANT: Pedro Campos with Zehren & Associates
This Record of Decision is made in accordance with the Avon Development Code (“Development Code”)
§7.16.080(c):
DECISION: Approval of the development plan with the following findings and condition:
FINDINGS:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design
Review. The design meets the development and design standards established in the Avon Development Code;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the application complies with
the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
5. The demand for public services or infrastructure exceeding current capacity is mitigated by the application; and
6. The design relates the development to the character of the surrounding community.
CONDITIONS:
1. Engineering Staff shall revise plans for running electrical conduit to the snow shelters and future snowmelt,
should the need arise; and
2. Staff shall confirm with CDOT any improvements that might affect the implementation of the plan.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________
PZC Chairperson