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PZC Packet 060220Notice of Regular Avon Planning and Zoning Commission Meeting June 2, 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 _______________________________________________________________________________ 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, JUNE 2, 2020 MEETING BEGINS AT 5:00 PM VIRTUAL MEETING ONLY 1. CALL TO ORDER AND ROLL CALL 2. ELECTION OF NEW PZC CHAIR, VICE-CHAIR, AND SECRETARY 3. APPROVAL OF AGENDA 4. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 5. BUSINESS ITEMS 5.1. MNR20021 MINOR DESIGN PLAN FOR RADIO TOWER FOR THE UPPER EAGLE REGIONAL WATER AUTHORITY FACILITIES COMMUNICATION (TOWN PLANNER DAVID MCWILLIAMS & ROB RINGLE) PUBLIC HEARING 5.2. MNR20019 MINOR DESIGN PLAN FOR PORTALET SCREENING ON TRACT G BLOCK 2 BENCHMARK AT BEAVER CREEK NOTTINGHAM PARK (TOWN PLANNER DAVID MCWILLIAMS) CONTINUED PUBLIC HEARING 5.3. CONSENT AGENDA APPROVAL OF MAY 19, 2020 MEETING MINUTES 6. CAPACITY BUILDING SEMINAR. REVIEW AND PRIORITIZE LIST OF SEMINAR TOPICS. FIRST TOPIC, AVON DEVELOPMENT CODE OVERVIEW . 7. STAFF UPDATES 8. ADJOURN June 2, 2020 PZC Meeting – Tract J Antenna Improvements 1 TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner RE: MNR20021 Minor Development Plan - Public Hearing Tract J Wildridge Subdivision - 5700 Wildridge Road East Antenna Improvements DATE: May 28, 2020 SUMMARY: This Staff report contains one application for consideration by the Planning and Zoning Commission (PZC): MNR20021 for improvements to a communication equipment owned by the Upper Eagle Regional Water Authority (UERWA) on Town of Avon Property. BACKGROUND: Rob Ringle (representing the applicant) proposes a new communications antenna (detailed on the right) near a water tank pad at the top of Wildridge. The project is necessary to enhance communication between water tanks. The new tower is proposed at 25 feet, with assorted communications gear attached. The proposed tower is up above Wildridge Road East and located near the front of the water tank. PUBLIC NOTICE: Notice of the public hearing was published in the May 22, 2020 edition of the Vail Daily in accordance with Sec. 7.16.020(d) of the Avon Development Code (ADC). Mailed notice is not required for this application type. OWNERSHIP: Staff was contacted by the UERWA regarding the proposed improvements on Town property. After some discussion of ownership and obligations, the Town approved the application to be presented to the PZC. The UERWA has rights to maintain and improve their infrastructure on Tract J, subject to Town approval. The PZC shall hold a public hearing and determine the code compliance of this application through a record of decision. APPLICABILITY: Public utilities are required to undergo the same review process and criteria as any other applicant. The exemption section, quoted below, notes exemptions for normal maintenance. While the need for the communications equipment is clear, Staff is unclear whether it falls under “normal maintenance” or is a more specialized and sensitive, thus warranting a review. This Staff report functions under the assumption that ADC applies; an optional motion in favor of the application is included with a finding noting the exemption for normal maintenance. 7.04.070 - Applicability to public agencies. The provisions of the Development Code shall apply to all public bodies, districts and agencies of the federal, state, county and municipal governments to the extent permitted by law. 7.04.080 - Exemption for essential services. The normal maintenance by public utilities, special districts or municipal departments of underground, surface or overhead electrical, television, steam, gas, fuel, water, sewer or storm drainage transmission, collection or distribution systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar equipment in connection therewith are exempted from the application of this Development Code. Not included in the exemption granted by this Section is the construction or alteration by public utilities or special districts of any aboveground systems or improvements within the right-of-way pursuant to Section 12.04.050 of this Municipal Code. Business offices and maintenance yards of such public utilities, special districts or municipal departments are not included in the exemption granted by this Section. June 2, 2020 PZC Meeting – Tract J Antenna Improvements 2 EXISTING CONDITIONS: The site’s main purpose is holding a water tank. Over the years, various informal agreements have led to additional items being built. The shed pictured to the right is owned by a private communications company. The existing items have not been vetted by Planning Staff and is no doubt nonconforming with code. STAFF ANALYSIS: The type and size of the proposed apparatus is somewhat unprecedented for the Town. For the diverse typology of development in Town, there are no stand-alone radio towers. The height and prominent location are concerning to Staff. Land Use: Tract J is located at the top of Wildridge and is designated as Open Space / Drainage / Access on the Wildridge PUD. According to the notes, “Open space, pedestrian access, and parks tracts may be used for municipal and utility facilities and easements when permitted by the owner and Town of Avon. Also such tracts may be used for emergency and maintenance vehicles.” As the owner of the tract, the Town (through the PZC) is in a position to permit the facility, subject to compliance with ADC. Screening: Staff selected important language from ADC Chapter 7.28.060 – Screening to present to PZC, with sections underlined for emphasis: (a) Purpose. Certain site features are required to be screened from public view or adjacent properties, as indicated in this Section. All fences, walls and plant materials used to meet the screening requirements of this Section shall meet the related standards of this Chapter. (b) Minimum Screening Requirements. The following shall be screened on all properties: (2) All antennas shall be located so that they are screened from view from any public right-of-way or neighboring property. Screening may be accomplished by or through the use of landscaping materials, existing structures, sub-grade placements or other means that both screen the antennas and appear natural to the site. The design does not meet these requirements due to the topography of the site. Staff did not require an Alternative Equivalent Compliance application because of the black and white nature of the case. The applicant proposed a tan color to diminish the visual prominence of the tower, which is appreciated, but it is not clear if the color alone properly diminishes the unattractive aesthetic. Wildridge is full of million-dollar views but few to no houses have the view of this hillside featured prominently. June 2, 2020 PZC Meeting – Tract J Antenna Improvements 3 View of the site from Wildridge Road East. The small shed can be seen in the center of the picture. June 2, 2020 PZC Meeting – Tract J Antenna Improvements 4 Staff was initially presented a rendering with no additional apparatus and undefined colors. Staff requested and received a new rendering as presented in Attachment A. Staff’s analysis of this rendering is complete, but additional conversations regarding the location and prominence were not made. That is, Staff could imagine two smaller towers housing all the needed apparatus and being less visually prominent. Or, a location towards the rear of the water tower may diminish the prominence of the tower without diminishing the line of sight constraints. For lack of time, these conversations were not had with the applicant. Design Standards: Because the application does not meet the letter of the Screening section and there is little other code language to judge the application, the purpose section of the Design Standards is also included to provide context. Sections are underlined for emphasis: (a) Purpose. The general intent of the design standards is to implement the Avon Comprehensive Plan vision of an attractive, efficient and livable community that features stable neighborhoods and promotes a mix of uses in well-designed community focal points. The specific purposes of this Section include: (1) To achieve the proper and efficient use of the land by promoting an appropriate balance between the built environment and the preservation and protection of open space and natural resources; (2) To protect public and private investment through preservation of open spaces, protection of natural resources including existing trees, providing buffers between incompatible uses and along roadways and encouraging the planting of new trees and vegetation as deemed appropriate; (3) To promote sound management of water quality and quantity through preservation of natural areas and by encouraging the use of native plant materials; (4) To provide appropriate standards to ensure a high quality appearance for residents and visitors of Avon and promote good design while also allowing flexibility, individuality, creativity and artistic expression; (5) To protect and enhance the unique mountain character and economic development of Avon by encouraging physical development that is of high quality and is compatible with the character, scale and function of its surrounding area; (6) To encourage developments that relate to adjoining public streets, open spaces, parks, trails and neighborhoods with building orientation and physical connections that contribute to the surrounding network of streets and walkways; (7) To ensure that the location and configuration of structures, including signs and signage, are visually compatible with their sites and with surrounding sites and structures and that the site design and structures conform to the Avon Comprehensive Plan; (8) To ensure that the architectural design of structures and their materials and colors are compatible with the Town's overall appearance, surrounding development, natural and existing landforms and the officially approved development plans, if any, for the areas in which the structures are proposed to be located. 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 (quoted above). 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 property is within the Comprehensive Plan’s Northern Residential District. Highlights of the District language are underlined for emphasis. This residential area contains varying densities located on the south-facing slopes north of the main valley floor. June 2, 2020 PZC Meeting – Tract J Antenna Improvements 5 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. Mountain Star is a gated community development of large-lot, single-family homes, located east of Wildridge on the south-facing slopes north of the main valley floor. This covenant-controlled, gated community has its own design review committee… Planning Principles: • Identify, delineate, and enhance all open space parcels and paved and unpaved trails. • Provide alternatives to the roadways for pedestrian circulation and greater connection to the surrounding open space. • Preserve and enhance the existing open space trails and explore the possibility of developing additional parcels into pocket parks. • Add an alternative or second access route to Wildridge (perhaps forest service road during the spring and summer). Encourage and support development that: • Prohibits significant alteration of natural environment as well as ridgeline and steep slope development. This area should be highly sensitive to visual impacts of improvements, wildlife preservation, and lighting. • Provides the development of a trailhead to access the surrounding public lands. • Provides sidewalks and pedestrian connections. Additional policies from the Comprehensive Plan are below: Policy A.1.5: Promote development that maximizes sun exposure and protects views. Policy C.2.4: Encourage landscaping and building locations that enhance neighborhood views and view corridors. Policy G.4.3: Promote water conservation through public education, supply management, and demand management techniques. Staff does not doubt the importance of real-time communication between water tanks and operators. The location and type of improvement proposed to achieve this are concerning. 4. Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; Staff Response: The Plat requires Town of Avon approval before improvements are made. 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 report addresses all applicable Development Code standards. Staff is concerned that the code is not met, and the measures to reduce the prominence are insufficient. 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; June 2, 2020 PZC Meeting – Tract J Antenna Improvements 6 Staff Response: The development may not relate to the character of the surrounding community. 2. The design meets the development and design standards established in this Development Code; and Staff Response: The design does not meet the development and design standards established in the 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 and ADC. AVAILABLE ACTIONS: 1. Continue the item to a date certain, pending more information. 2. Approve the item, citing applicable findings. 3. Deny the item, citing applicable findings. STAFF RECOMMENDATION: Staff recommends denial of the application with the following findings: 1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review. The design does not meet 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 does not comply with the relevant review criteria; 4. The application does not comply with the goals and policies of the Avon Comprehensive Plan; 5. There are no additional demands for public services or infrastructure by the application; and 6. The design does not relate the development to the character of the surrounding community. RECOMMENDED MOTION: “I move to deny case #MNR20021, an application for a communication tower on Tract J Wildridge Subdivision with the findings of fact as outlined by Staff.” ALTERNARIVE(S) FINDINGS FOR APPROVAL: 1. The application is complete;and 2. The application provides sufficient information to allow the PZC to determine that the equipment proposed by the Upper Eagle Regional Water Authority is classified as normal maintenance and therefore exempt from the design standards of the Avon Development code, per §7.04.080. OR, 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 meets the screening requirements of ADC Chapter 7.28.060 by means of complimentary paint colors to minimize visual prominence; 5. The application complies with the goals and policies of the Avon Comprehensive Plan; 6. There are no additional demands for public services or infrastructure by the application; and 7. The design relates the development to the character of the surrounding community. ALTERNATIVE MOTION: “I move to approve case #MNR20021, an application for a communication tower on Tract J June 2, 2020 PZC Meeting – Tract J Antenna Improvements 7 Wildridge Subdivision with the findings of fact as outlined by Staff.” ATTACHMENT: Design Plans LINKS: Avon Comprehensive Plan Avon Development Code Thank you, David McWilliams 970-749-4023 cmcwilliams@avon.org May 8th, 2020 Mr. David McWilliams Town Planner Town of Avon PO Box 975 Avon, CO 81620 RE: Minor Design Application for Replacement of Communication Structure at UERWA Wildridge Tank #3. Dear Mr. McWilliams: This letter is to accompany the Minor Design/Development Application that is submitted for the replacement of the existing radio communication systems and structure at the Upper Eagle Regional Water Authority (UERWA) Wildridge Tank #3. The work is essential to the maintenance and continued operation of existing UERWA water utilities, and is part of a larger project that involves replacement of communication systems at many Eagle River Water and Sanitation District (ERWSD) and UERWA distribution system sites. Construction work related to the project initiated in 2018 and is expected to reach completion in 2022. The work is not intended to result in any change to the existing utility service. The replacement communication system will require removal of the existing yagi-style antenna and pole mast, as is located near the tank hatch, and installation of a new 25’ high tower and foundation to be located immediately south of the existing tanks, as further described by the attached plans. The attached plans also contain several photo renderings, including views of the proposed structure from the adjacent roadway and properties, as requested during a recent phone conversation. The proposed structure is located as close to the existing tank structure as is possible by reasonable construction methods, and is well within the bounds of “Parcel J”, on which the existing tank is also located. This parcel was deeded to the Avon Metropolitan District following completion of the original utility construction, and was then later deeded to the Town of Avon. UERWA is responsible for potable water and sanitary service in the Town of Avon. Work will be conducted with the necessary considerations to minimize any construction disturbance to areas near these sites. The civil construction work is anticipated in the week of May 25th, 2020. Attachment A Page 2 of 2 The following is a summary of how the requirements described in the “Submittal Checklist” have been satisfied: · Development Application: Attached to this correspondence. · Fees: $75 fee will be paid directly from UERWA to the Town of Avon. · Authorized Representative Form: Not required for this application given that the Town is the legal owner of the property. · Property Ownership Disclosure: See recorded plat, property report card, and related commitments, as attached to this application. · Written Statement: Satisfied by this correspondence. · Site Photographs: Attached to this application. · Plan Sets: Attached to this application · Additional Materials: Satisfied by this correspondence. The District is committed to maintaining their status as a good neighbor during this process, and we are happy to hold any additional discussions as necessary to clarify the construction process or aesthetic details. Please direct any comments or questions to Carter Keller, Project Manager with Eagle River Water and Sanitation District at (970) 477-7807 or CKeller@erwsd.org. Best Regards, Rob Ringle, PE Design Engineer, SGM Inc. Cc: Carter Keller, Project Manager, ERWSD Attachment A SITE OBSERVATION REPORT - PHOTO PAGE SITE PHOTOS - PAGE 1: Photo 1: Ex. Site, Viewed from South Photo 2: Ex. Site, Viewed from SSE P Attachment A SITE OBSERVATION REPORT - PHOTO PAGE CONSTRUCTION PHOTOS - PAGE 2: Photo 3: Existing Site, from North Looking South Photo 4: Approximate Location for New Antenna Structure Attachment A PLANS SGM 118 W. 6TH STREET, SUITE 200 GLENWOOD SPRINGS, CO 81601 Attachment A Attachment A I:\2002\2002-169\072_RTU_Radio_Telemetry\Sites\WR_T3_rendering\2020 Presentation\Tower Presentation.dwg Plotted: 5/26/2020 4:28 PM By: Jaimal ProctorTitle: RADIO TOWER EXHIBITRevision#Dwg No.Upper Eagle RegionalWater AuthorityAuthority RTU ConversionPhase 1Job No. Drawn by: Date: File: QC: 2002-169.072 JJP 05.07.2020 RR Tower Presentation118 West Sixth Street, Suite 200Glenwood Springs, CO 81601970.945.1004 www.sgm-inc.com Date By: X1 2Of :1PE:--ExhibitProject Milestone:Attachment A VIEW 3 RENDER VIEW VIEW 1 VIEW 2 TOWER LOCATION STREET VIEW MODEL VIEW STREET VIEW MODEL VIEW MODEL VIEW I:\2002\2002-169\072_RTU_Radio_Telemetry\Sites\WR_T3_rendering\2020 Presentation\Tower Presentation.dwg Plotted: 5/26/2020 4:28 PM By: Jaimal ProctorTitle: RADIO TOWER EXHIBITRevision#Dwg No.Upper Eagle RegionalWater AuthorityAuthority RTU ConversionPhase 1Job No. Drawn by: Date: File: QC: 2002-169.072 JJP 05.07.2020 RR Tower Presentation118 West Sixth Street, Suite 200Glenwood Springs, CO 81601970.945.1004 www.sgm-inc.com Date By: X2 2Of :1PE:--ExhibitProject Milestone:Attachment A I:\2002\2002-169\072_RTU_Radio_Telemetry\Sites\WR_T3_rendering\2020 Presentation\Tower Presentation.dwg Plotted: 5/26/2020 4:28 PM By: Jaimal ProctorTitle: RADIO TOWER EXHIBITRevision#Dwg No.Upper Eagle RegionalWater AuthorityAuthority RTU ConversionPhase 1Job No. Drawn by: Date: File: QC: 2002-169.072 JJP 05.07.2020 RR Tower Presentation118 West Sixth Street, Suite 200Glenwood Springs, CO 81601970.945.1004 www.sgm-inc.com Date By: X3 2Of :1PE:--ExhibitProject Milestone:Attachment A Title:Site #117,Wildridge Tank 3Revision#Dwg No.Upper Eagle Regional Water Authority Authority RTU Conversion Phase 1Job No.Drawn by:Date:File:PE:QC:2002-169.072ERDR4.30.20RDRWildridgeTank-DNXX118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com Date By: Preliminary Not For ConstructionProject Milestone:C1 --Of :Graphic ScaleIn Feet: 1" = 30'0 15 3060Attachment A Title:Site #151 AntennaFoundation DetailRevision#Dwg No.Upper Eagle Regional Water Authority Authority RTU Conversion Phase 1Job No.Drawn by:Date:File:PE:QC:2002-169.072ERDR4.30.20RDRArrowhead Tank 2_AntennaXX118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com Date By: Preliminary Not For ConstructionProject Milestone:C12 --Of :SELF-SUPPORTING ANTENNA TOWERTOWER NAMETOWERHEIGHTEPAMAX(SF)ARROWHEAD TANK 220 FT22.7STANDARD G-SERIES 45GEFFECTIVE PROJECTED AREAAttachment A Attachment A June 2, 2020 PZC Meeting –Nottingham Park Beach Portalet Screening 1 TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner RE: MNR20019 Minor Development Plan Continued Public Hearing Nottingham Park Portalet Screening DATE: May 28, 2020 SUMMARY: This staff report contains one application for consideration by the Planning and Zoning Commission (PZC): Minor Development Plan for screening of the current portalets in the beach area of Nottingham Park. Should PZC be in favor of the design, it will be used in other areas of the park (see MNR20018). UPDATE: The PZC continued this item subject to design changes and a more robust analysis of location. While no new rendering of the screen was made, the proposal remains a single structure of wooden beams and corten siding excluding a roof to screen the portalets. Planning and Public Works Staff walked the site and explored other location options. The location as proposed both suits the needs of park users and Staff, and none of the alternatives seemed as attractive. Locations discussed include the following, labeled on the map: 1. The proposed location is flat, requiring little regrading to build a pad. It is visible from a good distance to the south and east, allowing for easy use. It is also screened well with large trees and on a secondary path. 2. Location would need regrading and seems too prominent due to the steep banked berm down to the volleyball courts. 3. Location is acceptable from a design standpoint but seems too prominent for neighboring development. 4. Location is acceptable from a design standpoint but seems slightly out of the way and prominent for neighboring development. 5. Location would require some regrading and seems out of the way for beach use. A location far from an existing path would require additional hardscape in the park and a location too close would seem abrupt and intrusive. The favored location is on a secondary path and acceptably balances these concerns. The view over the lake really improves with proximity to the proposed location; further away the mature trees block the view. OTHER CONSIDERATIONS: There are portalets on western edge of the Lot 16 driving surface, to be screened in a similar manner as these. June 2, 2020 PZC Meeting –Nottingham Park Beach Portalet Screening 2 Staff also discussed adding signage to delineate a path to the full-service bathrooms in the park. For complete wayfinding, three signs are needed. While any sign placement depends on Town Staff coordination that is pending, at least the first sign seems to deserve a time feature. The roughly .2 mile walk from the Lot 16 T intersection can be accomplished at a leisurely pace in 4 minutes, which is consistent with online calculators. Proposed language on the farthest sign would be “Full-service Restrooms 4 minutes” with the blade pointing the direction. On a more general note, Public Works Staff pointed out that with more items (bollard lights, trash cans, signs, etc.) in the park, it is increasingly difficult to maintain. These features require either hand work to mow or are obstacles to the vehicles that perform work in the park. Staff mentions this for transparency and to further highlight that the preferred location was picked with that in mind. MINOR DEVELOPMENT PLAN & DESIGN REVIEW - REVIEW CRITERIA: § 7.16.080(f), Development Plan and §7.16.090(f), Design Review: Staff’s analysis of review criteria can be found in the staff report from May 19 (attachment B). STAFF RECOMMENDATION: Staff recommends approval of the development plan with the following 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. There are no additional demands for public services or infrastructure by the application; 6. The design relates the development to the character of the surrounding community; and 7. Using this design for additional screening locations outside of the beach area are appropriate to reinforce the unified park aesthetic. RECOMMENDED MOTION: “I move to approve Case #MNR20019, an application for Minor Design and Development Plan for portalet screening at Tract G Nottingham Park together with the findings of fact outlined by Staff.” ATTACHMENTS: A. Material Palette B. May 19 Staff Report C. Additional Photos Thank you, David McWilliams 970-749-4023 cmcwilliams@avon.org EXISTING MATERIAL PALETTE NOVEMBER 14, 2017 HARRY A. NOTTINGHAM PARK TOWN OF AVON, COLORADO Attachment A May 19, 2020 PZC Meeting –Nottingham Park Beach Portalet Screening 1 TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner RE: MNR20019 Minor Development Plan Public Hearing Nottingham Park Portalet Screening DATE: May 15, 2020 SUMMARY: This staff report contains one application for consideration by the Planning and Zoning Commission (PZC): Minor Development Plan for screening of the current portalets in the beach area of Nottingham Park. Should PZC be in favor of the design, it may be used in other areas of the park (see MNR20018). BACKGROUND: Improved beach restroom facilities have been included in Town planning documents for the last few years. Now included in the Capital Improvements budget, a permanent facility is slated for feasibility and design work in 2020, with findings presented to the Town Council for further consideration in a future Capital Improvements budget.. In the now-term, improved aesthetics of the existing temporary facilities is proposed in order to conform to the screening standards in the code. ANALYSIS: Staff used contextual aspects of the Chapter 7.28.060 – Screening and 7.28.090 – Design Standards of the Avon Development Code (ADC) to guide PZC in its review. Location: The screening will be accomplished by pouring concrete pads near the beach dock. Portalets have been installed and serviced in this location for a few years. Currently there are two (2) standard sized units and one (1) ADA-compliant unit. Landscaping: The concrete pad is proposed to be tucked into an area of existing conifer trees. No additional landscaping is proposed. Size: Staff is soliciting feedback as to whether one large structure housing several portalets or several small structures each individually housing a facility should be built. The standard portalet size is 44” wide by about 7’ tall and the ADA’s are 58” wide and the same height. There will be about a foot of clearance around them and 6” in between the portalets, if installed in the same structure. The concrete pad and outside dimensions of the structure would be approximately 14’ wide by 6’ deep, completely open on the door (front) side of the screening structure. Attachment B May 19, 2020 PZC Meeting –Nottingham Park Beach Portalet Screening 2 Screening: Code states that all outdoor refuse facilities shall be screened. Standards require a six (6) foot wall or fence. For this application, the screening also has a roof. Currently installed screen in O’Neal Park in Wildridge. Building Materials: A structure of stained wood and corrugated metal are proposed for the screening. Staff finds that the materials are high quality, durable building materials. Colors: The colors are muted and the metal will age and dull over time. The colors conform to ADC Section 7.28.092(c)(3)(i) which states, “The use of high quality, durable building materials is required. Exterior walls shall be finished with materials used in a manner sympathetic to the scale and architectural style of the building.” Roof: The roof for a single unit is pyramid shaped. If one large screen is built, the roof will be a hip form. The pitch will be in excess of 3:12, thereby making it compliant with ADC. The roof was analyzed according the ADC section 7.28.090(c)(4) which reads: 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. ii. Overhangs are required on pitched roofs and shall extend at least one and one-half (1.5) feet from the point where the wall meets the roof as horizontally measured from the exterior wall of the structure. iii. Roofing materials shall be suitable for local environmental conditions. Colors shall be natural or earth tones. As a summer amenity and functioning primarily as an adornment to screening, the roof orientation and overhangs are not relevant to this application. 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; Attachment B May 19, 2020 PZC Meeting –Nottingham Park Beach Portalet Screening 3 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: Beach Restrooms are included in the 2017 Town Owned Properties plan (part of the Comprehensive Plan), and while this screening is not proposed as a permanent solution, screening the portalets eliminates an eyesore. Nottingham Park includes its own planning principles in the Comprehensive Plan. It states: This District includes a park, town hall, library, elementary school, and the recreation center, and functions as a community activity center. Good pedestrian circulation through the area exists, but needs enhancement to respond to key future developments in the Town Center District and the Riverfront District. Views from the park and the performance pavilion are also key components to the District. An extension of Town Center urban design principles can provide needed consistency between districts. Planning Principles: • Implement use and design principles from the 2017 Tract G planning effort’s recommendations. • Maintain flexible space for temporary concession facilities and provide a western anchor to the Main Street Pedestrian Mall. • Enhance the multi-modal connections between the municipal center and the park. • Develop parking associated with the expanded uses of the area’s Civic Campus. • Ensure passive activity spaces are preserved within Nottingham Park. • Preserve view corridors to Beaver Creek and the Main Street Pedestrian Mall. 4. Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; Staff Response: The application conforms with the requirements of the Park zoning and the Development Code. Structures associated with recreation are permitted in the Park zone district. 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. The proposed screening does align with the desired Nottingham Park aesthetic palette (Attachment A), and is appropriate given that it improves upon the appearance of the existing standard portalet facilities. 2. The design meets the development and design standards established in this Development Code; and Attachment B May 19, 2020 PZC Meeting –Nottingham Park Beach Portalet Screening 4 Staff Response: The design is compliant with the development and design standards contained in the 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 and ADC. The design has been evaluated for conformance with these plans and Staff has determined the proposed design meets the requirements. STAFF RECOMMENDATION: Staff recommends approval of the development plan with the following 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. There are no additional demands for public services or infrastructure by the application; 6. The design relates the development to the character of the surrounding community; and 7. Additional screening locations outside of the beach area are appropriate to reinforce the unified park aesthetic. RECOMMENDED MOTION: “I move to approve Case #MNR20019, an application for Minor Design and Development Plan for portalet screening at Tract G Nottingham Park together with the findings of fact outlined by Staff.” ATTACHMENTS: A. Material Palette Thank you, David McWilliams 970-749-4023 cmcwilliams@avon.org Attachment B Attachment C Figure 2View from Location 2 of Location 3. Figure 3Locations deemed too close to neighboring property for proposal. Figure 1Proposed Location - View from near dock. Attachment C Figure 5View of location 4 Figure 4Location 5near the path intersection. Figure 6Portalet location in Lot 16. June 2, 2020 PZC Meeting – Capacity Building Seminars TO: Planning and Zoning Commission FROM: Matt Pielsticker, AICP, Planning Director RE: Capacity Building Seminars DATE: May 28, 2020 OVERVIEW: Staff will be hosting capacity building seminars through the remainder of 2020 as meeting agendas allow for extra time. First and foremost, the purpose of the sessions is to educate the Planning and Zoning Commission and take the opportunity to not only cover the Town’s foundational development review documents, but to also highlight special interest topics that PZC would like to cover in more detail. The sessions are intended to be informational and a chance for PZC to discuss development protocols and regulations when not reviewing a specific land use file. TOPICS: On June 2nd, Staff will present an introductory overview session on the Avon Development Code. Within the Avon Development Code itself, we envision additional sessions to dig into more detail on the Avon Development Standards and Sign Code. The PZC is asked to edit and prioritize the following list of additional topics: • Village at Avon PUD and Design Review Referral Process • Land Use Law – May 2018 last review by PZC • PZC Rules and Regulations • Avon Urban Renewal Plan • Title 7 Avon Development Code: Development Standards • Sign Code • Avon Comprehensive Plan o Multi-Modal Parking and Transportation Plan o Trails Plan o Housing Plan • West Beaver Creek Blvd Engagement Tactics • Wildridge PUD and Development History • Department of Local Affairs – March 2020 last review by PZC PLANNING AND ZONING COMMISSION MEETING MINUTES TUESDAY, MAY 19, 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, Sara Lanious and Donna Lang. Also present were Town Planner David McWilliams, Planning Director Matt Pielsticker, and Town Manager Eric Heil. 2. SWEARING IN OF NEW COMMISSIONERS (TOWN CLERK BRENDA TORRES) Sara Lanious and Donna Lang were sworn in as new Commissioners. 3. APPROVAL OF AGENDA Commissioner Hardy motioned to approve a modified agenda as outlined below. Commissioner Smith seconded the motion and it carried unanimously 6-0. 4. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Commissioners Hardy and Smith noted a conflict with item 7. Commissioner Barnes motioned to approve the conflict. Commissioner Nusbaum seconded the motion and it carried unanimously 4-0. 5. BUSINESS ITEMS 5.1. MNR20015 & AEC20005 MINOR DESIGN PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE FOR A FENCE PROJECT ON LOT 9 WILDRIDGE ACRES - 2825 KED SPUR (KELLY AND TIM DRESCHER & TOWN PLANNER DAVID MCWILLIAMS) CONTINUED PUBLIC HEARING FROM MAY 5 Public Comment: None Action: Commissioner Nusbaum motioned to table the item. Commissioner Barnes seconded the motion and it carried unanimously 6-0. 5.2. MNR20010 & AEC20003 MINOR DESIGN PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE FOR A FENCE PROJECT ON LOT 86 W BLOCK 4 WILDRIDGE SUBDIVISION - 5749 WILDRIDGE ROAD EAST UNIT W (DANA MACIK & TOWN PLANNER DAVID MCWILLIAMS) PUBLIC HEARING Public Comment: None Action: Commissioner Barnes motioned to approve AEC20003 with the following 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 size, location, and fence type all align with the Code, making the addition of mesh screening less impactful. Commissioner Lang seconded the motion and it carried 4-2, with Commissioners Nusbaum and Hardy voting in opposition. Action: Commissioner Barnes motioned to approve MNR20010 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 n 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. There are no additional demands for public services or infrastructure by the application; and 6. The design relates the development to the character of the surrounding community. CONDITION: 1. At no point shall the fence be more than four (4) feet in height as measured from the ground directly below it. Commissioner Lang seconded the motion and it carried 4-2, with Commissioners Nusbaum and Hardy voting in opposition. 5.3. MNR20019 MINOR DESIGN PLAN FOR PORTALET SCREENING ON TRACT G BLOCK 2 BENCHMARK AT BEAVER CREEK NOTTINGHAM PARK (TOWN PLANNER DAVID MCWILLIAMS) PUBLIC HEARING Public Comment: None Action: Commissioner Nusbaum motioned to continue the item to June 2 pending additional information. Commissioner Barnes seconded the motion and it carried unanimously 6-0. 5.4. CONSENT AGENDA APPROVAL OF MAY 5, 2020 MEETING MINUTES Action: Commissioner Barnes motioned to approve the Consent Agenda. Commissioner Nusbaum seconded the motion and it carried unanimously 4-0, with Commissioners Lang and Lanious abstaining. 6. STAFF UPDATES Staff mentioned various planning related activities, the continued opening for a Commissioner, and the election of a PZC Chair and Vice-Chair. 7. BUSINESS ITEMS CONTINUED MNR20018 MINOR DESIGN PLAN FOR IMPROVEMENTS ON TRACT G BLOCK 2 BENCHMARK AT BEAVER CREEK – WEST NOTTINGHAM PARK (TOWN PLANNER DAVID MCWILLIAMS & PEDRO CAMPOS) 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; 2. The application provides sufficient information to allow the PZC to determine that the application complieswith the relevant review criteria; 3. The application complies with the goals and policies of the Avon Comprehensive Plan; 4. There are no additional demands for public services or infrastructure by the application; and 5. The design relates the development to the character of the surrounding community and the rest of Nottingham Park. CONDITIONS: 1. The applicant shall study options moving the picnic benches to allow six (6) feet of distance between them; and 2. Staff shall study the area to the north of the field for a dog area. Commissioner Barnes seconded the motion and it carried unanimously 4-0. 8. ADJOURN There being no further business before the Commission, Commissioner Barnes adjourned the meeting. The time was 7:35 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 __________________________________ 5/29/2020 1 Avon Development Code June 2, 2020 PZC AVON DEVELOPMENT CODE June 3, 2020 PZC Matt Pielsticker, Director Fee-in-Lieu Calculation June 2, 2010 PZC INTENTION: Familiarize PZC with context and content of the Avon Development Code, and development review procedures contained within. This will be an informational session where interruptions, questions, and conversation are encouraged. 1 2 5/29/2020 2 Avon Development Code June 2, 2020 PZC BACKGROUND: •Prior to adoption of Avon Development Code in 2010, there was a Zoning Code, Subdivision Chapter, and the Design Guidelines. •Consultant lead process > Staff Completed for Adoption •Goals for Avon Development Code: •Reduce the use of PUDs for development approvals •Establish baseline uniform development standards •Create appropriate zone districts and overlays •Combine zoning, subdivision, and development standards •Incorporate Engineering design and road standards •Implement mixed use classification from Comprehensive Plan Avon Development Code June 2, 2020 PZC What is Planned Unit Development (PUD) PROCESS: •Zoning process where development standards (and exceptions) were negotiated. •Public benefits varied by development, sometimes included workforce units, economic stimulus modeled by third party economic teams. •“Unique” standards that typically included reduced parking, increased density, increased building heights and/or unique setbacks. •Unpredictable review process / hard to administer. 3 4 5/29/2020 3 Avon Development Code June 2, 2010 PZC TITLE 7 ORGANIZATION •7.04. General Procedures •7.08. Definitions •7.12. Development Review Authority •7.16. Development Review Procedures •7.20. Zone Districts and Zoning Map •7.24. Use Regulations •7.28. Development Standards •7.32. Engineering Improvement Standards •7.34. Sign Code •7.40. 1041 Regulations •7.50. Historic and/or Cultural Preservation Avon Development Code June 2, 2010 PZC GENERAL PROCEDURES •Purpose Statements provide foundational goals of the Development Code for the community (e.g. promote adequate light, air, landscaping….) •Applicability – Approvals prior to permit •Comprehensive Plan is binding •Nonconforming Uses and Structures •Director Interpretation •Violations – Penalties – Civil Infraction 5 6 5/29/2020 4 Avon Development Code June 2, 2010 PZC 7.12 – DEVELOPMENT REVIEW AUTHORITY •Planning and Zoning Establishment •Membership •Quorum – Four (4) •Terms/Composition/Compensation •Rules and Regulations •Authority to Retain Consultants •Director Authority and Determination •Council •Historic Preservation Avon Development Code June 2, 2010 PZC 7.16 – DEVELOPMENT REVIEW PROCEDURES 7 8 5/29/2020 5 Avon Development Code June 2, 2010 PZC 7.16 – DEVELOPMENT REVIEW PROCEDURES •Full Submittal and Review Process •Detailed review process and review criteria •Code Amendments/ PUD / Subdivision/ Dev Plan / Special Review Use / Variance / Alternative Compliance / Vested Rights / Location Character Extent /Sign Plan •Appeals Procedures •Applicant or Council within 14 days of decision •Town Council reviews Director or PZC decisions •Town Council de novo review and final decision Avon Development Code June 2, 2010 PZC 7.20 – ZONE DISTRICTS AND MAP •Residential Zone Districts •Mixed-Use Districts •Overlay Districts •Employee Housing Mitigation* 9 10 5/29/2020 6 Fee-in-Lieu Calculation June 2, 2010 PZC 7.20 – ZONE DISTRICTS AND MAP Avon Development Code June 2, 2010 PZC SHORT TERM RENTAL OVERLAY DISTRICT 11 12 5/29/2020 7 Avon Development Code June 2, 2010 PZC 7.20.100 – EMPLOYEE HOUSING MITIGATION Applies to all new multi- family (3 units or more) development, including remodels that result in additional employee generation ANTICIPATED APPLICABILITY Avon Development Code June 2, 2010 PZC 7.20.100 – EMPLOYEE HOUSING MITIGATION •Applies to all new multi-family (3 units or more) development, including remodels that result in additional employee generation •Employee Generation Formula and 20% mitigation requirement •Mitigation Plan approved by Town Council •Prioritization on site, then Avon, then outside Avon •Fee for fractional remainder of unit required 13 14 5/29/2020 8 Avon Development Code June 2, 2010 PZC 7.24 – USE REGULATIONS •Table of Allowed Uses •Special Review Uses •Accessory Uses and Structures •Temporary Uses and Structures Avon Development Code June 2, 2010 PZC TABLE 7.24-1 TABLE OF ALLOWED USES 15 16 5/29/2020 9 Avon Development Code June 2, 2010 PZC 7.24.070 – TEMPORARY USES •Less than 30 days = Administrative •30 days – 1 year = PZC Notice and Hearing Examples:Outdoor Sales events, Helicopter landing, Temporary Parking, Temporary Real Estate Building, Farmers Market Avon Development Code June 2, 2010 PZC 7.28 – DEVELOPMENT STANDARDS Separate Session Coming Soon! 17 18 5/29/2020 10 Avon Development Code June 2, 2010 PZC 7.32. – ENGINEERING IMPROVEMENT STANDARDS •Street Design •Site Access Requirements •Stormwater Drainage •School and Parks Dedication •Public Improvement Agreements Avon Development Code June 2, 2010 PZC 7.40. – 1041 REGULATIONS •Process to review matters of state and local interest, as identified by State Statute, in local capacity •PZC Review and Public Hearing •Examples: Highway Expansion, Wastewater treatment plant expansion, Major Gas Line •Review Criteria •Public Hearing and Permit from Avon Town Council 19 20 5/29/2020 11 Avon Development Code June 2, 2010 PZC 7.50 – HISTORIC AND/OR CULTURAL PRESENTATION Coming in 10+ years! 21