PZC Packet 111720Notice Avon Notice of Regular Avon Planning and
Zoning Commission Meeting
November 17, 2020 at 5:00 p.m. MST
WEBINAR MEETING ONLY
Avon Town Hall operations are limited 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 Avon.org the day of the meeting or register at
https://us02web.zoom.us/meeting/register/tZYvdu2orj4sEtVduY
02Zud_zBJCN_KX8Elz and join. 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 POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY.
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, NOVEMBER 17, 2020
MEETING BEGINS AT 5:00 PM
VIRTUAL MEETING ONLY
1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON HARDY)
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS
4. BUSINESS ITEMS
4.1. 4311 EAGLEBEND DRIVE – TRACT A AND LOT 1 FILING 2 EAGLEBEND SUBDIVISION – PUBLIC HEARING –
PROPOSAL TO AMEND THE SIZE OF TRACT A AND LOT 1 AND REVISE THE LOT LINES OF LOT 1 TO
ACCOMMODATE AN ADDITION . (TOWN PLANNER DAVID MCWILLIAMS & A NGELO VERALDI AND JENNA
SKINNER)
4.2. 42 RIVERFRONT LANE – LOT 1 RIVERFRONT SUBDIVISION – PUBLIC HEARING – PROPOSAL FOR DIRT
STORAGE ASSOCIATED WITH CONSTRUCTION FOR THE WINTER . (TOWN P LANNER DAVID MCWILLIAMS &
ANDY HALMINSKI WITH EVANS CHAFFEE )
4.3. UNADDRESSED SWIFT GULCH ROAD - TRACT E FILING, 3 VILLAGE AT AVON SUBDIVISION – PUBLIC
HEARING – P ROPOSAL FOR SNOW STORAGE ASSOCIATED WITH CONSTRUCTION FOR THE WINTER . (TOWN
PLANNER DAVID MCWILLIAMS & JEFF SCHNEIDER WITH ERWSD)
4.4. 82 BEAVER CREEK BOULEVARD – TRACT Q BLOCK 2 BENCHMARK AT BEAVER CREEK SUBDIVISION –
PUBLIC HEARING – P ROPOSAL FOR OUTDOOR SE ATING AND DINING , OCCUPYING TWO (2) PARKING SPACES
IN THE J UNCTION BUILDING PARKING LOT FOR THE WINTER . (TOWN PLANNER DAVID MCWILLIAMS & KERRI
THELEN WITH EIN PROSIT )
5. CONSENT AGENDA
5.1. OCTOBER 6, 2020 MEETING MINUTES
5.2. MNR20038 & AEC20007 MINOR DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE 5161
LONGSUN LANE
5.3. CONDITIONS OF APPROVAL – MJR2005 – 4.1. 358 & 368 RIVERFRONT LANE LANDSCAPING
6. STAFF UPDATES
7. ADJOURN
PLANNING AND ZONING COMMISSION MEETING MINUTES
TUESDAY, OCTOBER 6, 2020
1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON HARDY)
Chairperson Lindsay Hardy called the regular meeting to order at 5:05 p.m. A roll call was taken, and Planning
Commission members present were Rebecca Smith, Jared Barnes, Donna Lang, Sara Lanious, and Steve
Nusbaum. Also present were Town Planner David McWilliams and Planning Director Matt Pielsticker.
2. APPROVAL OF AGENDA
Action: Commissioner Nusbaum motioned to approve the agenda. Commissioner Lang seconded the motion and
it carried unanimously 5-0.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS Commissioners Smith and Hardy noted a conflict with item 4.1 and recused themselves.
4. BUSINESS ITEMS 4.1. 358 & 368 RIVERFRONT LANE LANDSCAPING - LOT 6 & 7 RIVERFRONT SUBDIVISION MODIFICATIONS TO THE
PLAN AS REQUIRED IN TOWN COUNCIL AND PZC CONDITIONS OF APPROVAL FOR MJR20005. (TOWN
PLANNER DAVID MCWILLIAMS & JIM TELLING AND PEDRO CAMPOS)
Action: Commissioner Nusbaum motioned to approve the Conditions of Approval. Commissioner Lanious seconded
the motion and it carried unanimously 4-0.
Commissioner Nusbaum left the meeting.
4.2. MNR20025 & AEC20006 MINOR DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE - LOT 33B BLOCK 3 WILDRIDGE 4571 FLAT POINT- APPLICATION FOR A FENCE WITH MESH WIRE FOR ANIMAL CONTROL
(TOWN PLANNER DAVID MCWILLIAMS AND ROHN ROBBINS) PUBLIC HEARING
Public Comment: Dominic Mauriello and Dominique Morrone commented on the application.
Action: Commissioner Barnes motioned to table the AEC. Commissioner Lanious seconded the motion and it
carried unanimously 5-0.
Action: Commissioner Barnes motioned to table the MNR. Commissioner Smith seconded the motion and it carried
unanimously 5-0.
4.3. MNR20038 & AEC20007 MINOR DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE- LOT 49A BLOCK 4 WILDRIDGE 5161 LONGSUN LANE – APPLICATION FOR A FENCE WITH MESH WIRE FOR ANIMAL
CONTROL (TOWN PLANNER DAVID MCWILLIAMS AND SUE GILLIES) PUBLIC HEARING
Action: Commissioner Smith motioned to approve AEC20007 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; 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.
Commissioner Lang seconded the motion and it carried 3-2 with Commissioners Hardy and Lanious voting in opposition.
Action: Commissioner Smith motioned to approve MNR20038 with the following findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design
Review.
2. The design meets the development and design standards established in the Avon Development Code;
3. The application is complete;
4. The application provides sufficient information to allow the PZC to determine that the application complies
with the relevant review criteria;
5. The application complies with the goals and policies of the Avon Comprehensive Plan;
6. The demand for public services or infrastructure exceeding current capacity is mitigated by the application;
and
7. The design relates the development to the character of the surrounding community.
Commissioner Lang seconded the motion and it carried 3-2 with Commissioners Hardy and Lanious voting in opposition.
5. CONSENT AGENDA
5.1. SEPTEMBER 1, 2020 MEETING MINUTES 5.2. SEPTEMBER 15, 2020 MEETING MINUTES 5.3. SUB20004 – 330 RIVERFRONT LANE PRELIMINARY SUBDIVISION 5.4. CONDITIONS OF APPROVAL – LCE200001 AND TEN19001 – 950 WEST BEAVER CREEK BOULEVARD
EXTERIOR MODIFICATIONS
Action: Commissioner Barnes motioned to approve the Consent Agenda. Commissioner Smith seconded the motion
and it carried unanimously 5-0.
6. STAFF UPDATES
Action: Staff updated the Commission on some development projects and the future timeline of meetings.
7. ADJOURN
There being no further business before the Commission adjourned the meeting at 7:12 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: #MNR20038 & #AEC20007 Page 1 of 1
PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION
DATE OF DECISION: October 6, 2020
TYPE OF APPLICATION: Minor Development Plan & Alternative Equivalent Compliance PROPERTY LOCATION: Lot 49A Block 4 Wildridge Subdivision
FILE NUMBER: MNR20038 & AEC20007
APPLICANT: Sue Gillies
CASE #AEC20007:
This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.120(b):
DECISION: Approval of the application with the following findings:
FINDINGS:
1. The proposed application was reviewed pursuant to §7.16.120, 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; 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.
CASE #MNR20038:
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:
FINDINGS:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design
Review.
2. The design meets the development and design standards established in the Avon Development Code;
3. The application is complete;
4. The application provides sufficient information to allow the PZC to determine that the application complies
with the relevant review criteria;
5. The application complies with the goals and policies of the Avon Comprehensive Plan;
6. The demand for public services or infrastructure exceeding current capacity is mitigated by the
application; and
7. The design relates the development to the character of the surrounding community.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________
PZC Chairperson
PZC Record of Decision: Conditions of approval for #MJR20005 Page 1 of 1
PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION
DATE OF DECISION: October 6, 2020
TYPE OF APPLICATION: Conditions of Approval PROPERTY LOCATION: Lot 6 and Lot 7 Riverfront Subdivision
FILE NUMBER: MJR20005
APPLICANT: Jim Telling with East West Partners
DECISION: Approval of the Conditions of Approval.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________
PZC Chairperson
TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner
RE: PUD20002 – PUBLIC HEARING – Lot line and setback
amendments on Tract A and Lot 1, Block 1, Filing 2
Eaglebend Subdivision – 4311 Eaglebend Drive
DATE: November 12, 2020
STAFF REPORT OVERVIEW: This staff report contains one Minor PUD Amendment application for consideration
by the Planning and Zoning Commission (PZC).
SUMMARY OF REQUEST: Jena Skinner (“the Applicant”), is requesting a Planned Unit Development (PUD)
Amendment (“the Application”) on Lot 1, and Tract A Eaglebend PUD and Subdivision (“the Property”). The
properties are governed by the Eaglebend PUD. The Application proposes the following amendments thereto:
• Elimination of the rear building setback
• Relocation of the lot line between Tract A and Lot 1
• Increase Building Area Ratio on Lot 1 to 50%
The purpose is to allow for future additions to the existing single-family house. Specifically, the applicant
proposes a second garage bay with a master bedroom expansion above, a kitchen expansion, and a workspace
connected to the northwest side of the house. These improvements are not feasible under the current land use
designations, as discussed below.
MINOR PUD AMENDMENT PROCESS: This request is processed under Avon Development Code (ADC) sec.
7.16.060(h), Amendments to a Final PUD. 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 ADC, 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 PUD Amendment as there would be no exceptional
changes to building scale or character of development. The review procedures require a public hearing with the
PZC. Council will make the final decision after another public hearing and action on an Resolution for approval,
or denial by motion and vote.
PUBLIC NOTIFICATION: In compliance with the Public Hearing and noticing requirements, this report verifies
that mailed notice was sent to property owners within 300’ of the property on November 2, 2020. Additionally, a
notice was published in the Vail Daily on November 6, 2020. Certification of these requirements can be obtained
from the office of Community Development.
PROPERTY DESCRIPTION: Lot 1 is 4,576 square feet and is connected to Tract A for tax purposes at 10,280
square feet. Lot 2 is included in the proposed subdivision plat map due to a pending proposed easement change
but is otherwise unchanged.
Lot 1 and Tract A Highlighted
Image showing the individual lots, with Lot 2 included to show an easement.
HISTORY: The Eaglebend PUD was originally part of Eagle-Vail Metro District and the associated zoning
documents were codified before it incorporated into the Town of Avon. Lots 1 and 2, and Tract A were the
original lots created under Filing 2, while the rest of Filing 2 remained unsubdivided. Tract A was not assigned
a development right (dwelling unit) but was not explicitly designated Open Space in either the PUD or the
subdivision. It is best practice to either deed Open Space properties to a local government or control them with
an HOA but in this case neither happened. Tract A appears to have transferred in concert with Lot 1 and has
operated as Lot 1’s side yard for its entire existence.
The PUD includes the following limits on Lot 1:
Maximum
Building
Height
Maximum
Building Area
Ratio
Minimum
Useable Open
Space
Front
Setback
Rear
Setback
Side
Setback
Uses
35’ 25% 40% 25’ 10’ 7.5’ SF, Du, Multi-Fam,
Condos, T'homes,
Apts, Access. Bldgs
and uses.
The constructed house has a Building Area Ratio of 29.1% and does not conform with the Building Area Ratio
(BAR) regulation. Staff did not conduct an exhaustive audit of other Eaglebend Filing 1 properties but given the
development climate when the lots were built and subdivided, Staff assumes nonconformance with the Building
Area Ratios for additional lots. That is, the current BAR nonconformance of Lot 1 fits within the character of the
community. A thoughtful PUD amendment on this property is limited in its precedent due to the constraints of
other properties and the irregularity of a tract that appears to have only been created due to the curvature of the
road and original platting of the row of single family home.
STAFF ANALYSIS: PZC should base the decision for modifying the lot line, rear setback, and BAR from the
review criteria in the section below. PUDs allow certain negotiated flexibility away from the strict standards of
zone districts when site characteristics or other conditions merit them. The site characteristics for this property
are unique in that Tract A has been coupled with Lot 1 for its entire history. Nearby conditions have also changed,
potentially meriting the modification of the rear setback.
By including the majority of Tract A into Lot 1 and increasing the BAR, the Applicant brings the existing house
into compliance with the BAR and allows for additions to the house, but not as much as demonstrated in the
illustrative site plan (attachment A, last page).
Proposed Building Area Ratio with no improvements: 13.2%
Proposed Building Area Ratio with improvements: 25.4%
Staff supports the lot line move but asks PZC to consider more limitation on future development than the
application proposes. A BAR of 50% is not supported by Staff. Given the neighborhood characteristics, an
additional setback line along the current Tract A boundary should constrain the buildable area to the original Lot
1, adhering to the Tract’s original designation with no development rights.
The rear property setback line is currently 10 feet. The applicant proposes a setback of 0. While the Eaglebend
PUD does not have an underlying zone district to base analysis, analogous zone districts (Residential Low
Density, Residential Duplex) include 10-foot rear setbacks. Modification of the rear setback line may be justified
to allow for new investment in the property but also may overreach as proposed.
Area conditions have recently changed. The
rear yard abuts the road realignment and the
Avon Apartments development in the Village at
Avon. With two (2) permanent buffers between
the rear yard and any additional development,
the area behind the house also feels more
urban than before. Proposed development that
intrudes into the current rear setback would
potentially be seen from Eaglebend Drive but
would only be fleeting, as shown in the picture
from the curve in the road, below.
PUD AMENDMENT REVIEW CRITERIA:
Pursuant to ADC sec. 7.16.060(e)(4), Review
Criteria, 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 unique situation addressed in this amendment is that Tract A has always been associated
with Lot 1 as its side yard. By moving the lot line and crediting the available BAR, the applicant achieves the
ability to add additions to the house. The house’s placement upon Lot 1 precludes any garage addition except
to the rear of the lot. Whether or not this is a unique situation is debatable, although it appears that no other
house has done a garage addition. The application’s benefits to the Town include redevelopment and an
attractive housing environment to a local family.
The stated purposes of ADC sec. 7.04, Development Code, and ADC sec. 7.16.060, PUD, include
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.
Staff is supportive of relocating the property line but recommends all development take place only on former Lot
1 property. A new setback line along the former property line is suggested as a condition of approval.
The rear property line is approximately 145 feet away from
the new sidewalk on the north side of the realigned road.
The Application would increase the size of the
allowed use and result in more flexibility for future
improvements. The Eaglebend PUD is silent on
Open Space provisions, access, trails, and
sidewalks; therefore, Staff finds that they are
unaffected with this amendment. There is a
publicly owned open space tract at the end of the
cul-de-sac that operates as a pocket park for the
community.
The removal of the rear building setback would
allow more creative site design that adapts to the
current conditions and preferences (garage
addition and expanded master bedroom). The
home’s layout does not allow for creative
increases in garage or floor area without setback modifications. The vicinity has changed as the rear of the
property now abuts a disused rail line and a newly realigned Beaver Creek Boulevard, precluding development
against the other side of the tracks. A slight reduction of the setback line is not concerning intrinsically, but its
reduction to 0 is concerning. If conditions change with the railroad the ability to circumnavigate the house, with
or without trespassing, might be lost.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
Staff Response: Staff finds the 0 setback line, the unlimited building envelope in the former Tract A, and the
50% BAR concerning to the public health, safety and/or welfare of the Town.
(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 of connectivity and
respecting the river environment. All 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.
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 A.1.5: Promote development that maximizes sun exposure and protects views.
Policy B.1.3: Encourage development applicants to meet with adjacent residents, businesses, and
property owners during all application phases to identify concerns and strategies to address them.
Goal B.2: Ensure that Avon continues to develop as a community of safe, interactive, and
cohesive neighborhoods that contribute to the Town’s overall character and image.
Goal C.1: Ensure that development is compatible with existing and planned adjacent
development and contributes to Avon’s community image and character.
Policy E.1.2: Encourage private development and partnerships that provide a diversity of housing for
local working families.
(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 regulations, the proposed Minor PUD Amendment will not
result in any adverse impacts upon the natural environment, wildlife, vegetation, noise, or air.
(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
Staff Response: Impacts exceeding the current development profile (single family house) may be expected with
this PUD amendment due to the 0 rear setback line, inclusion of Tract A’s area in the building envelope, and
increased BAR.
(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 use on the subject tracts will remain residential and consistent with other properties
in the vicinity. The scale of development as proposed is concerning and Staff suggests conditions of approval
thereby limiting the setbacks to a more appropriate scale. Staff finds that further definition of the building
envelope and BAR would help mitigate any impacts of the proposal.
RECOMMENDED MOTION: “I move to continue the application [to a date certain] pending modifications to the
rear setback line, former Tract A building envelope lines, and Building Area Ratio.”
ALTERNATIVE MOTION IN THE POSITIVE: “I move to recommend that the Avon Town Council approve Case
#PUD20002, an application for a Minor PUD Amendment for Lot 1 and Tract A, Block 1, Filing 2 Eaglebend
Subdivision, citing the following findings and conditions:
FINDINGS:
1. The application meets the eligibility requirements for a Minor PUD Amendment by not increasing density,
increasing the amount of nonresidential land use, or significantly altering any approved building scale
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 Eaglebend PUD; and
7. The application is in conformance with ADC §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.
CONDITIONS:
1. A new setback line along the former Tract A- Lot 1 property line is required to preserve unity between
potential redevelopment on this property and the surrounding neighborhood;
2. The rear setback shall be maintained at 5 (five) feet for a length of 25 feet; and
3. The Building Area Ratio shall remain at 25%.”
OPTIONAL MOTION IN THE NEGATIVE: “I move to recommend that the Avon Town Council deny Case
#PUD20002, an application for a Minor PUD Amendment for Tract A and Lot 1, Block 1, Filing 2 Eaglebend
Subdivision, 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 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 Eaglebend PUD.”
Attachments
A: Application Materials
B: Original Subdivision
Thank you,
David McWilliams, Town Planner
970-749-4023
cmcwilliams@avon.org
PUD Amendment Application
Eaglebend Filing 2, Lot 1 and Tract A
Town of Avon, CO
Attachment A, 1
Veraldi PUD Amendment Application
10/15/2020 1
PUD Amendment Application
Eaglebend Filing 2, Lot 1 and Tract A
Table Of Contents
Section 1: Application Information
Section 2: Written Application
Introduction
Background
Section 3: Town Code & Master Plan Conformance
Section 4: Appendices
Appendices
A. Application Form
B. Title Commitments
C. Adjacent Property Owner Information
D. Amended Final Plat
E. Concept Construction Plans
Attachment A, 2
Veraldi PUD Amendment Application
10/15/2020 2
SECTION 1: APPLICATION INFORMATION
Town of Avon, Colorado
Application(s): Preliminary PUD Development Plan
PUD Final Plat (Amended)
Date of Submittal: 10/19/20
Application Team:
Property Owner:
Angelo & Veronica Veraldi
4311 Eaglebend Drive,
Avon, CO 81620
970-331-3526
veraldi.co@gmail.com
Applicant
Representative
Principal:
JS Designs (JSD)
Jena Skinner, AICP
Avon, CO 81645-0116
970-331-9791
jsdesigns@outlook.com
Surveying/
Engineering:
Intermountain Engineering
Sean Fletcher
30 Benchmark Rd., Suite 216
Avon, CO 81620
970-949-5072 Ext. 106
sfletcher@inter-mtn.net
The Project is technically comprised of
two (2) parcels, using a combined parcel
number, combined on 10/3/2017.
These parcels are both under Title to
Angelo and Veronica Veraldi
The two parcels are identified as:
Eaglebend Filing 2: Tract A and
Lot 1, Block 1
Parcel 2103-073-11-039
Addressed: 4301 and 4311 Eaglebend
Drive, Avon
Attachment A, 3
Veraldi PUD Amendment Application
10/15/2020 3
SECTION 2: WRITTEN APPLICATION
INTRODUCTION
Communities are dynamic entities where land uses and neighborhoods change in response
to housing costs, constituent preferences, and changes in society. It is becoming
increasingly important to recognize that the restrictive zoning of outdated land-use
decisions can suppress housing supply, drive up housing costs, and add to economic
disparities1. Easing restrictions in response to this can unleash a positive reaction to a
limited housing supply, which helps meet the needs of current and future residents. This
application shall focus on the two Avon residents, who find themselves currently in this
situation: living in an aging home in a PUD zone district that offers less opportunity than
what the neighboring, standard zoning allows others in the Town of Avon.
Angelo and Veronica Veraldi are the owners of a single-family home on Eaglebend Drive. As
their family expands, they are finding that the existing home, built in 1989, does not easily
accommodate their growing family and life in the mountains. Using a simple and logical
tactic in solving their dilemma through a PUD amendment, the Veraldis would like to modify
their setbacks in order to reinvest in their home so it reasonably accommodates their
family’s needs in 2020.
The main reason for their predicament is that the garage was originally constructed very
oddly, and as a result, only one car fits within it. This forces a need for exterior parking and
loading in a shared access easement. During the long winter months, there is a great
practical difficulty getting their infant into a vehicle in inclement weather. As such, they
would like to simply expand the garage to house two vehicles. In doing so, they would also
like to enhance their living space directly above the expanded garage, as well creating
space for a small workshop.
A second goal for this project is to relocate the lot line between Tract A and Lot 1. Lot 1
contains the single-family home, and Tract A has some landscaping and related
improvements, but otherwise, remains vacant- minus an unapproved/informal (trespassing)
pedestrian trail and doggie station. According to the PUD Plat for Eaglebend Filing 2, the
properties currently allow for a residential dwelling unit on Lot 1, Block 1, and Tract A has
no practical use2. Adjusting the lot line in favor of the residential use would alleviate the
limited area on the side of the home that presses up against the property line, allowing for
other small renovations needed on the 31-year old home.
1 https://www.urban.org/urban-wire/how-communities-are-rethinking-zoning-improve-housing-affordability-
and-access-opportunity
2 Although the applicable zoning plat and subsequent final plat that created the parcels recorded at reception
410263 assigns a dwelling unit to Lot 1, the only “clear” intention for Tract A is that no dwelling units were
allocated for this parcel. No other intention for Tract A has been established in either the records at Town of
Avon or as recorded in Eagle County. See attached plat, as found in the appendices.
Attachment A, 4
Veraldi PUD Amendment Application
10/15/2020 4
The issue preventing the Veraldi family
from accomplishing their goals to reinvest
in their home is the current layout/design
of the residence, and its placement
thereof, on the existing lot. Situated right
up to the rear setback line, there is no
room currently to expand the garage
without the necessity to actually modify
the rear setback. Internally, major
weightbearing improvements prevent the
garage to expand to the south into the
existing living space, and the layout of the
home does not allow the garage to be
relocated elsewhere through a major
renovation. Fortunately, expanding the
garage to the north will have no effect on
adjacent neighbors as their house backs
up to the existing railroad line.
APPLICATION REQUEST
To alleviate the existing constraints of the existing residence and functionality of the lot, we
are requesting 1) a minor amendment to the PUD for Eaglebend Subdivision Filing 2 in
order to adjust the rear setback line and increase in building coverage to match that of the
residential Town of Avon development code, and 2), to adjust the internal lot line of their
lots, decreasing the area of Tract A and increasing Lot 1 in order to accommodate other
minor, exterior improvements to the aging residence. Please note that this plat will also
amend the shared access easement, which will also benefit the neighbors on Lot 2 in
correcting an odd parking reservation.
Existing Dimensional Limitations
PUD
Zoning
Areas
Sub-Areas
Max
Building
Height
Maximum
Building
Area Ratio
Minimum
Useable
Open Space
Front
Setback
Rear
Setback
Side
Setback Uses
AREA I
Lot 7,
Block 1,
Filing 4
70' 35% 35% As Shown As
Shown
As
Shown
Condos, Apts, Lodge,
Hotel, Recreational and
Community Facilities and
Limited Commercial uses
consisting of restaurant,
retail shops and offices.
Commercial Space ltd. to
15% of building area.
AREA II
Lots 2-5,
Block 1,
Filing 4
45' 25%/Area II 40%/Area II As Shown 0' As
Shown
Multi-Fam, Condos,
T'homes, Apts, Access.
Bldgs and uses.
Lots 6,
Block 1,
Filing 4
Lots 8-12,
Block 1,
Filing 4
Attachment A, 5
Veraldi PUD Amendment Application
10/15/2020 5
AREA
III
Lots 1-19
and Tract
B, Filing 3
35' 20%/Area III 60%/Area III As Shown 0'
0'
(Except
as
shown)
SF, Du, Multi-Fam,
Condos, T'homes, Apts,
Access. Bldgs and uses.
AREA
IV
Lot 1,
Block 1,
Filing 2*
35' 25% 40% 25' 10' 7.5'
SF, Du, Multi-Fam,
Condos, T'homes,
Apts, Access. Bldgs
and uses.
AREA
V
Lot 1-19,
Block 1,
Filing 1
35' 50% 25%
25'
(Except as
shown)
10' 7.5'
One and two family
dwellings, Access. Bldgs
and uses
AREA
VI
Lot 1,
Block 1,
Filing 4
35' 50% 25% 25' 10' 7.5'
One and two family
dwellings, Access. Bldgs
and uses
*Note: Before subdivided (Lot 1 was the original lot for Filing 2). No Open Space was actually
created through the platting process. There are 9 subsequent plats.
Proposed
PUD
Zoning
Areas
Sub-
Areas
Max
Building
Height
Maximum
Building
Area Ratio
Front
Setback Rear Setback Side
Setback Uses
AREA IV
Lot 1,
Block 1,
Filing 2
35' 50% 25' 10’ (Except
As Shown) 7.5'
Single Family,
Accessory Buildings
and uses.
Since this project contains elements that require flexibility from the underlying zoning, this
application includes an Amended Planned Unit Development (PUD) plat and Amended Final
Plat that formalizes their request.
The next section of this application will focus on how our project conforms to the Town
Code and Community Plan.
Attachment A, 6
Veraldi PUD Amendment Application
10/15/2020 6
SECTION 3: COMPLIANCE WITH CODE AND COMMUNITY PLAN
The following narrative follows the applicable sections of the Development
Code for the Town of Avon, as well as any applicable master plans.
SEC. 7.16.060. – PLANNED UNIT DEVELOPMENT
(a) Purpose. This Section is intended to allow flexible development patterns that are not
specifically provided for in this Development Code. It is the purpose of this Section:
(1) To promote and permit flexibility that will encourage innovative and imaginative
approaches in land development and renewal that will result in a more efficient,
aesthetic, desirable and economic use of land while maintaining density and intensity of
use consistent with the applicable adopted plans, regulations and policies of the Town;
(2) To promote development within the Town that can be conveniently, efficiently and
economically served by existing local utilities and services or by their logical extension;
(3) To promote design flexibility, including placement of buildings, use of open space,
pedestrian and vehicular circulation systems to and through the site and off-street
parking areas in a manner that will best utilize potential on-site characteristics such as,
topography, geology, geography, size and proximity;
(4) To provide for the preservation of historic or natural features where they are shown to
be in the public interest, including but not limited to such features as: drainage ways,
floodplains, existing topography or rock outcroppings, unique areas of vegetation,
historic landmarks or structures;
(5) To provide for compatibility with the area surrounding the project site;
(6) To provide for usable and suitably located open space such as, but not limited to,
bicycle paths, playground areas, courtyards, tennis courts, swimming pools, planned
gardens, outdoor seating areas, outdoor picnic areas and similar open space;
(7) To minimize adverse environmental impacts of development;
(8) To improve the design, quality and character of new development; and
(9) To provide compensating community benefits to offset any impacts of the development
and in recognition of design flexibility.
APPLICANT RESPONSE:
The proposed application does not conflict with any portion of this section, rather it
embraces the intention of the PUD in actually allowing flexibility in the site’s design without
altering any uses permitted in this zoning. More succinctly, we believe that section
7.16.060.(a)(1) fits the purpose of this amendment perfectly: all uses remain the same, and
the amendment achieves the purpose in that it promotes and permits flexibility that will
encourage innovative and imaginative approaches in land development and renewal that
will result in a more efficient, aesthetic, desirable and economic use of land while
maintaining density and intensity of use consistent with the applicable adopted plans,
regulations and policies of the Town. Further, it also embraces most of this section in that
the result of this project will provide this homeowner and neighbor a reasonable opportunity
Attachment A, 7
Veraldi PUD Amendment Application
10/15/2020 7
to create and enjoy improved on-site parking and vehicular circulation, a well-functioning
design incorporating a 2-car garage- compatible with neighbors, improved design overall,
beneficial use of exterior on-site characteristics including topography and landscaping, and
it allows for needed upgrades to his 31-year old home which adds to their investment and
supports locals in maintaining the quality of their permanent residence.
(b) Eligibility Criteria. All of the following criteria must be met for a property to be eligible to apply
for PUD approval.
(1) Property Eligible. All properties within the Town are eligible to apply for PUD approval.
APPLICANT RESPONSE:
This property is within Town of Avon limits, and the same owners (applicants) have resided in
this residence for multiple years. Moreover, these applications (if approved), benefit multiple
property owners.
(2) Consistency With Comprehensive Plan. The proposed development shall be consistent
with the Avon Comprehensive Plan.
APPLICANT RESPONSE:
After carefully reading through the Comprehensive plan, it appears to be a wide-ranging
document that was written to generally promote and guide development in Avon as a town
overall. This means that although it identifies this area, it does not provide specific goals to
individual residential homeowners looking to reinvigorate their home. Understandably, its
focus centers on supporting a thriving mixed-use township, and simply encourages the
improvement of existing developments/neighborhoods throughout town. Under that context,
supporting locals and their desire to improve older residential buildings as part of these
neighborhoods could be applied to the situation of the Veraldi home, as it’s a small piece of
the overall desires of Avon. Importantly, in 2020 it is imperative to encourage locals to
maintain their residences- especially in older neighborhoods, which are typically more
affordable/economical.
(3) Consistent With PUD Intent. The proposed development shall be consistent with the
intent and spirit of the PUD purpose statement in Subsection 7.16.060(a).
APPLICANT RESPONSE:
Please see previous commentary. This application IS consistent with the intention of the PUD
purpose statement, found in section 7.16.060(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.
APPLICANT RESPONSE:
The desire of incorporating a 2-car garage into the existing home is on par with the desires
and actual construction of homes throughout this neighborhood. A 2-car garage is typical of
the majority of single-family homes in both the Town of Avon and that of surrounding
unincorporated properties including those across the river in Eagle Vail. A garage is a
customary residential improvement and will not affect existing uses, as the residential use on
this property will be maintained/unchanged.
Attachment A, 8
Veraldi PUD Amendment Application
10/15/2020 8
(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.
APPLICANT RESPONSE:
Granting approval for this amendment will provide an opportunity to improve an older home
in the Town of Avon. This brings value to not only this property, but it benefits neighboring
homes in Eaglebend as well. Additionally, the upgrading of older buildings IS supported by
the Town of Avon Comprehensive Plan, and by supporting locals, attainable housing goals
are also supported. While this Minor PUD Amendment will not have far-reaching benefits to
every single resident in Avon, it will provide a positive effect and/or reduction of a negative
situation for long-time locals, who are important members of the Avon community.
(1) 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.
(2) 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
Attachment A, 9
Veraldi PUD Amendment Application
10/15/2020 9
needs of all permitted uses in the PUD projects and to ensure compatibility between uses
and the surrounding neighborhood.
APPLICANT RESPONSE:
The property is large enough to accommodate existing site features including parking,
landscaping, and the non-buildable area of Tract A. This Minor PUD Amendment will not
encroach or modify any area affecting others. As such, compatibility will not be altered. All
uses on these properties remain residential.
(b) Dimensional and Development Standards. The following dimensional and development
standards shall apply to all PUDs.
(1) Overlay District. A PUD shall be an overlay district and shall be applied over an underlying
zone district. If there is no underlying zone district, one shall be established prior to or
concurrently with a PUD approval. The rezoning process set forth in Section
7.16.050 shall be used to establish the underlying zone district.
(2) Permitted Uses. PUD uses shall be limited to those allowed either as permitted,
accessory or special review uses in the underlying zone district.
(3) Development Standards. Chapter 7.28, Development Standards, shall apply to PUD
projects.
APPLICANT RESPONSE:
The zoning will not change with this minor PUD amendment, and all uses shall remain the
same/consistent with the existing residential uses anticipated for this neighborhood.
Importantly, by expanding the existing garage, there will be an INCREASE in parking spaces
over what is required in 7.28.20, and preservation of well-established landscaping in the front
and side yards, which are the two areas of the lot that are highly visible from neighbors and
passersby.
(a) General Procedures. All PUDs are processed in two (2) stages: 1) the preliminary PUD; and
2) the final PUD. The final PUD can only be filed with the Town for review and processing
after the preliminary PUD has been approved or conditionally approved by the Town
Council. The filing of a PUD in the office of Community Development shall not constitute the
effective dedication of easements, rights-of-way or access control, nor shall the filed PUD
plan neither be the equivalent of nor substitute for the final platting of land. Specific
procedures for preliminary PUD and final PUD are outlined below.
(1) Coordination With Subdivision Review. It is the intent of this Development Code that
subdivision review required under Section 7.16.070, Subdivisions, if applicable, be
carried out concurrently with the review of PUD development plans under this Section. If
subdivision approval is required for the subject property, the PUD plans required under
this Section shall be submitted in a form that satisfies the requirements for preliminary
and final subdivision plat approvals. If any provisions of this Section conflict with the
subdivision procedures or standards of this Development Code, the more restrictive or
detailed requirements shall be met, unless specifically altered by the Town Council.
(b) Procedures for Preliminary Planned Unit Development. The general procedures set forth
in Section 7.16.020 shall apply to preliminary PUD applications. Where subdivision approval
will be required to implement development in a proposed PUD, the applicant shall file a single
Attachment A, 10
Veraldi PUD Amendment Application
10/15/2020 10
preliminary PUD plan incorporating the application requirements of both the PUD and
subdivision preliminary plans. The provisions and procedures for public notice, hearing and
review for a PUD as prescribed in this Section shall apply to the application.
(1) PUD Master Plan and Guide Required. The application for PUD rezoning shall include a
preliminary PUD plan. The Director shall require sufficient detail in the preliminary PUD
plan to provide an opportunity for the approving bodies to make informed decisions and
evaluate compliance with the applicable approval criteria. The plan shall include, at a
minimum:
(i) A quantitative summary of existing conditions on the subject property;
(ii) A list of uses to be allowed within the PUD by right, a list of uses to be allowed only
with a special review use permit and a list of temporary uses;
(iii) Parking analysis based on proposed uses;
(iv) Density of uses proposed;
(v) Location of public and private open space;
(vi) Location of existing and proposed buildings on the site;
(vii) Road, street and pedestrian networks proposed;
(viii) Drainage facilities;
(ix) Existing or proposed utilities and public services;
(x) If development is to be phased, a description of the phase components and timing;
(xi) A statement that development on the site will meet applicable standards of the
underlying zoning district and this Development Code or a statement specifying the
standards of the underlying district and this Development Code to which
modifications are proposed and the justification for such modifications; and
(xii) A statement specifying the public benefits to be contained in or associated with the
PUD.
APPLICANT RESPONSE:
All requirements for this Minor PUD Amendment and subsequent Amended Plat have been
incorporated as part of this application.
(2) Notice. Where subdivision approval will be required to implement development in a
proposed PUD, the public hearing notice requirements for preliminary subdivision plan
approval shall be combined and shall run concurrently with the PUD public notice and
hearing requirements.
(3) Reviewing Authority. The PZC shall review a preliminary PUD applications and shall
provide a recommendation to the Town Council after conducting a public hearing. The
Town Council shall review and render a final decision on a preliminary PUD application
after conducting a public hearing. Unless otherwise approved by the Town Council,
Attachment A, 11
Veraldi PUD Amendment Application
10/15/2020 11
approval of a preliminary PUD application shall vest no rights to the applicant other than
the right to submit a final PUD development plan.
(4) 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, 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 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;
(ii) The PUD rezoning will promote the public health, safety and general welfare;
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of
this Development Code and the eligibility criteria outlined in Subsection 7.16.060(b);
(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;
(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;
(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
(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.
(c) Procedures for Final Planned Unit Development Approval. The general procedures set forth
in Section 7.16.020, General procedures and requirements, shall apply to final Planned Unit
Development applications subject to the following exceptions and additions:
(1) Pre-Application Conference. A pre-application conference shall be required, unless
waived by the Director.
(2) Contents of the Final PUD Master Plan. The final PUD master plan shall contain all of the
materials included in the preliminary PUD development plan, together with revisions, if
any, that may be approved by the Planning and Zoning Commission without an additional
public hearing, as described in Subparagraph b. below. In addition to the materials
required in the administration manual, the final PUD master plan shall include the
following:
Attachment A, 12
Veraldi PUD Amendment Application
10/15/2020 12
(i) Phasing Program. A document describing any proposed phasing program of the
development for all structures, recreational and other common facilities and open
space improvements, including time schedule for commencement and completion
dates of construction of each phase. Intermediate phases shall not exceed overall
project density, and a pro rata allocation of common open space shall be made as
each phase is developed.
APPLICANT RESPONSE:
A phasing plan is not applicable to this Minor PUD Amendment.
(ii) Common Open Space Agreement. A copy of the formal agreement with a public
agency or private association for the ownership and maintenance of the common
open space is required.
APPLICANT RESPONSE:
A common open space agreement is not applicable to this Minor PUD Amendment, as there
is no homeowner’s association for Eaglebend.
(iii) Plats for Recording. A copy of any subdivision plat, plat of dedication or plat of
vacation that may be a necessary part of the PUD rezoning is required
(iv) Covenant. A restrictive covenant in a form acceptable to the Town Attorney limiting
development of construction upon the tract as a whole to such development and
construction as shall comply with the final PUD development plan as approved by the
Town Council, which document shall include a provision granting the Town a right to
enforce the same.
(3) Permitted Minor Changes From a Preliminary PUD Master Plan. Minor changes in the
location, siting and height of structures, streets, driveways and open spaces may be
authorized by the PZC to be included in the final PUD master plan in accordance with the
following procedure without additional public hearings, if such changes are required by
engineering or other circumstances not foreseen at the time the preliminary PUD
development plan is approved. No change authorized by this Subsection may cause any
of the following:
(i) A change in the use or character of the development;
(ii) An increase by more than one percent (1%) in the overall coverage of structures;
(iii) An increase in the density or intensity of use;
(iv) An increase in the impacts on traffic circulation and public utilities;
(v) A reduction of not more than one percent (1%) in approved common open space.
APPLICANT RESPONSE:
There will be no change in the use or character of the development, outside of enhancing the
use of the properties. The request to expand building coverage is being sought to match this
property’s limitation with the current development code; however, there will not be an
increase in density or intensity of use, traffic, or a reduction in approved common open
space as the result thereof.
Attachment A, 13
Veraldi PUD Amendment Application
10/15/2020 13
(4) Reviewing Authority. The PZC shall review all final PUD applications and shall provide a
recommendation to the Town Council after conducting a public hearing. The Town
Council shall review and render a final decision on a final PUD application after
conducting a public hearing.
(5) Review Criteria. The PZC and the Town Council shall review the final PUD development
plan and PUD rezoning according to the same approval criteria listed above for
preliminary PUD development plans.
(d) Recordation. The applicant shall record the approved final PUD, as approved, in the office of
the Eagle County Clerk and Recorder within thirty (30) days after the date of approval. If the
final PUD is not recorded, the approval of the Town Council shall be deemed to have been
withdrawn and the approval shall be null and void.
(e) Amendments to a Final PUD. Unless a final PUD contains different amendment procedures,
amendments to a final PUD are governed by this subsection. The PUD amendment process
is dependent on the type of amendment.
(1) PUD Amendment Categories. Categories of PUD amendments are established and
defined as follows for the purpose of determining the appropriate review procedure:
(2) Administrative Amendment. A proposed PUD amendment is considered administratively if
it provides for the correction of any errors caused by mistakes that do not materially alter
the substance of the PUD development plan as represented to the Town Council.
(3) Minor Amendment. A proposed PUD amendment is considered minor if it meets the
following criteria for decision and has been determined as such by the Director:
(i) 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.
(ii) The PUD amendment does not change the character of the development and
maintains the intent and integrity of the PUD.
(iii) 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.
APPLICANT RESPONSE:
The main purpose of this Minor PUD Amendment is to reduce a rear setback to allow for an
existing, constrained single-family home to improve its ability to shelter an additional vehicle
and alleviate an inherited difficulty created by former owners. This Minor PUD Amendment
does not increase density, increase the amount of nonresidential land use or significantly alter
any approved building scale and mass of development (dimensional limitations/coverages)
beyond what is typical of residences in Avon. Additionally, the amendment does not change
the character of the development and maintains the intent and integrity of the PUD. This 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 within the PUD, as neither of these lots contain
approved and/or designated open space areas.
Attachment A, 14
Veraldi PUD Amendment Application
10/15/2020 14
CONCLUSION
The Veraldi family inherited the existing situation of a constrained garage from the previous owners
of their single-family home. Over time, the needs of families and architectural standards in our
valley have changed, and upgrades to this home built in 1989 are necessary- and encouraged by
the Town of Avon Comprehensive Plan. As the purpose of PUD zoning is to provide the
opportunity for flexibility in design elements like setbacks, the zoning remains appropriate as an
overlay for this property. This Minor Amendment is very negligible in the grand scheme of the future
of Avon; however, it is VERY important to the Veraldi family as a major improvement to their quality
of life and economic investment in their home.
Attachment A, 15
Attachment A, 16
Attachment A, 17
Attachment A, 18
Attachment A, 19
ΔP.O. BOX 978, AVON, CO 81620 PH: (970)949-5072 FAX: (970)949-9339
9618 BROOK HILL LANE, LONE TREE, CO 80124 EMAIL: INFO@INTER-MTN.NET20'SCALE: 1" = 20'040'Attachment A, 20
Angelo & Veronica Veraldi
4311 Eaglebend Dr. | PO Box 8562
Avon, CO 81620
970.331.3526 | veraldi.co@gmail.com
Angelo & Veronica Veraldi | 4311 Eaglebend Dr. | PO Box 8562 | Avon, CO 81620
East Elevation | The existing garage is accessible from this direction. In order to gain the addtional space
needed to park a second vehicle in the garage, we would have to extend the garage to the east. This is not
feasible because of the nature of our shared driveway. Aside from impacting our neighbor’s access to their
property, we would be enchroaching on the easement for the driveway, and the turning radius to enter our
garage would be significantly diminished, if not impossible to navigate.
South Elevation| Locating the garage addition here would put it on the opposite side of the house from the
existing garage. The grade is between the ground floor and the basement. There is a cluster of trees, including a
thirty foot tall spruce and a trio of aspens. On the inside of this wall are stairs all the way from the basement to
the upper level, and the living room with a 5’ x 6’ picture window and three smaller windows. These circum-
stances would dictate an impractical configuration with no interior access to the main house. Furthermore, it
would detract from the curb appeal.
West Elevation | Locating the garage addition here would mean it is not in proximity to the existing garage.
Since we are not allowed to cut another driveway from the street, it would be a challenge to try and access a
garage in this location. Again, the grade would be an issue, as would access to the main house.
North Elevation | Locating the garage addition here is the most logical, in terms of coordinating with the existing
garage and imparting the least impact to the line of sight from the street and our neighbors.
Currently, on the ground level, we have the garage on the east half of the house, and the kitchen on the west
half. On the upper level, there are two bedrooms against the north wall. By locating the garage addition along
the north side of the house, it will afford us the opportunity to reconfigure the ground and upper levels. On the
ground level and behind the garage addition, we would expand the existing kitchen and create a dinning
area. On the upper level, we would expand the existing bedrooms and add a larger closet& an en-suite bath.
This addition will also serve to provide a buffer between from the current and future development of the Village
at Avon, East Beaver Creek Boulevard, and God forbid, the railroad, should that ever come back to life.
In closing, with the addition located here, the view corridors, property values, property access, and distance
between our home and our Eaglebend neighbors will not be impacted. I am attaching signeds letter of
acknowledgment and support from all our neighbors within 300 feet of the proposed addition.
Attachment A, 21
28.5’8.3’
3.9’
20.4’13’4.0’10.1’20.5’14.1’2.2’
10’
30.4’10’34.4’28’4.5’
3’3’6’16.7’
2’2’6.4’6.4’32.1’20.5’5.2’
Attachment A, 22
Angelo & Veronica Veraldi | 4311 Eaglebend Dr. | PO Box 8562 | Avon, CO 8162012’14’16.1’20.5’10’10'
SCALE: 1" = 10'
0 20'
1’ 3.3”between proposedcorner & property line
1’ 10.8”between proposedcorner & property line
4’ 7.2”between proposedcorner & property line
kitchenremodel
workshopaddition
garageaddition
exisitinggaragekitchen/dining
livingroom
stairs
Attachment A, 23
TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner
RE: TMP20002 – PUBLIC HEARING - Dirt Storage on Lot 1
Riverfront Subdivision – 42 Riverfront Lane
DATE: November 12, 2020
STAFF REPORT OVERVIEW: This staff report contains one Temporary Use Permit (TMP) application for
consideration by the Planning and Zoning Commission (PZC).
SUMMARY OF REQUEST: Andy Halminski, (the Applicant) representing Evans Chaffee Construction
Group, requests dirt storage for the winter on Lot 1 Riverfront Subdivision. This off-site dirt storage is
associated with the Lot 6 and 7 duplex units on the far west side of the Riverfront Subdivision. Once
excavation and foundation work are complete most of the dirt will be used to infill the sites. This work is
anticipated in the spring.
PROPERTY DESCRIPTION: Lot 1 is an undeveloped lot and the farthest east lot in the Riverfront
Subdivision. For this project, it will be accessed from the north side and dirt will be stored in the center of
the lot (attachment A).
PROCESS: TMP applications lasting over 30 days require a public hearing and PZC decision. Staff gave 30
days of approval in mid-October and the applicant was instructed to request PZC approval if the dirt was to
be left for longer. PZC can approve TMP applications for up to three (3) years, and while this application
proposes storage for the winter, Staff suggests adding a date certain of May 15, 2021.
PUBLIC NOTICE: In compliance with the Public Hearing and noticing requirements, this report verifies that
mailed notice was sent to property owners within 300’ of the property on November 5, 2020. Additionally, a
notice was published in the Vail Daily on November 6, 2020. Certification of these requirements can be
obtained from the office of Community Development.
REVIEW CRITERIA: Undesignated uses and activities are classified as requiring a Temporary Use Permit
when the activity is not related to a building permit on the subject lot. The following review criteria serve as
the basis for a decision on the application.
1. The temporary use or structure shall not cause unreasonable negative impacts to properties,
residents, business or public uses in the vicinity, which cannot be mitigated through the imposition of
conditions on such temporary use or structure. Such negative impacts to consider include, but are
not limited to: visual, noise, vibration, trash, hours of operation, traffic congestion, parking, safety,
soil and vegetation disturbance, natural resource impacts and reasonable expectations of
enjoyment of property based upon zone district designations and community planning documents;
2. Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire
protection, roads and transportation, as applicable) will be available to serve the proposed
temporary use or structure while maintaining adequate levels of service for existing development;
3. The temporary use shall comply with all applicable general and specific regulations of this Section,
other Town ordinances, and state and federal law unless otherwise expressly stated;
4. The applicant has demonstrated that he or she possesses the requisite skills and experience to
ensure that the particular activity will be conducted in a safe and orderly manner;
5. The temporary use or structure is not of a nature that will become impractical to cease or remove
over time;
6. Adequate plans or sureties are proposed to guarantee restoration of the property after the temporary
use or structure ceases;
7. All temporary signs associated with the temporary use or structure shall be properly permitted
pursuant to Chapter 15.28, Sign Code, and removed when the activity ends or permit expires,
whichever occurs first;
8. The temporary use or structure shall not violate any applicable conditions of approval that apply to
a principal use on the site;
9. The temporary use regulations of this Section do not exempt the applicant or operator from any
other required permits, such as food service or building permits;
10. The temporary use or structure, including any associated parking and traffic circulation, shall not
disturb sensitive or protected resources, including required buffers, one-hundred-year floodplains
and required landscaping, and the applicant shall agree to restore all disturbed areas of the site to
the condition that existed prior to the temporary use or structure;
11. Tents and other temporary structures shall be located so as not to interfere with the normal
operations of any permanent use located on the property, shall be anchored and meet the
requirements of the Building Official, including fire rating;
12. Off-street parking shall be adequate to accommodate the proposed temporary use or an acceptable
parking plan shall be approved with the temporary use or structure;
13. The temporary use will not result in excessive demands for police, ambulance, fire or other
essential public services which may negatively impact the capacity of existing public services to
meet existing public service demands or the applicant agrees to mitigate the increased demands
for public services;
14. The size, nature or location of the temporary use or structure is not reasonably likely to cause a
clear and present danger of injury to persons and property;
15. Another temporary use permit application has not been received prior in time or has already been
approved for the same time and place requested by the applicant or so close in time and place to
that required by the applicant that the issuance of both permits would cause undue traffic
congestion;
16. The location of the temporary use or structure will not substantially interfere with any construction or
maintenance work scheduled to take place upon Town streets; and
17. The temporary use or structure shall be for a duration which is appropriate considering the
location, use, planned development and activities in the vicinity and impact on nearby properties;
however, in no event shall a temporary use be granted for more than three (3) years.
STAFF RESPONSE: The application has been evaluated for conformance with these criteria and Staff
determined that it meets the requirements. Dirt storage will not cause unreasonable negative impacts in the
site’s vicinity. The site to be fully cleared of dirt by spring 2021 to move forward with the duplex buildings.
Erosion controls are adequate and will not impact the site. Matting will be laid for vehicle entry. The
proposed dirt storage site is in a busy part of the Town and Staff expects that cleanup will be sensitive to the
resort image of the Riverfront Subdivision. These factors limit the amount of disturbance, noise, or other
negative impacts anticipated by the storage proposed.
STAFF RECOMMENDATION: Staff recommends approval of the TMP application for Lot 1, Riverfront
Subdivision, with the following findings and conditions:
Findings:
1. The application qualifies as a Temporary Use Permit subject to review according to §7.16.020 of
the Development Code;
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; and
5. There is no extra demand for public services or infrastructure exceeding current capacity by the
application.
Conditions:
1. The approval is valid until May 15, 2021;
2. The site shall be restored to original grade and vegetation once the dirt is moved; and
3. Silt fencing is required around the entire site, except for the entry; and
4. This temporary application is associated with the Riverfront Lot 6 and 7 buildings – permits
RBP20004-20007. Successful maintenance of Lot 1 is required for continued Town administration
of these permits.
RECOMMENDED MOTION:
“I Move to approve case #TMP20003, a Temporary Use Permit for dirt storage on Lot 1, Riverfront Subdivision,
together with the findings of fact and conditions as recommended by Staff.”
Attachment:
A. Application Materials
Thank you,
David McWilliams, Town Planner
970-749-4023
cmcwilliams@avon.org
TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner
RE: TMP20003 – PUBLIC HEARING - Snow Storage on Tract
E, Filing 3 Village at Avon Subdivision – Unaddressed
Swift Gulch Road
DATE: November 12, 2020
STAFF REPORT OVERVIEW: This staff report contains one Temporary Use Permit (TMP) application for
consideration by the Planning and Zoning Commission (PZC).
SUMMARY OF REQUEST: Jeff Snyder, (the Applicant) representing the Eagle River Water and Sanitation
District, requests snow storage for the winter on Tract E, Filing 3, Village at Avon Subdivision. This off-site
snow storage will prevent the need to store snow on the wastewater treatment facility site currently under
construction.
PROPERTY DESCRIPTION: Tract E is located to the north of Interstate 70 in an undeveloped part of the
Village at Avon. For this project, it will be accessed from Swift Gulch Road on the west side (attachment
A).
PROCESS: TMP applications lasting over 30 days require a public hearing and PZC decision. PZC can
approve TMP applications for up to three (3) years, and while this application proposes storage for the
winter, Staff suggests adding a date certain to the conditions of approval in case storage is needed in
autumn 2021. Additional TMP permits can be issued next year.
PUBLIC NOTICE: Mailed notice is required for this application type, however, the Town and Village at Avon
(involved at the DRB level) own everything within 300’ of the property, therefore Staff waived this
requirement. A notice was published in the Vail Daily on November 6, 2020. Certification of these
requirements can be obtained from the office of Community Development.
REVIEW CRITERIA: Undesignated uses and activities are classified as requiring a Temporary Use Permit
when the activity is not related to a building permit on the subject lot. The following review criteria serve as
the basis for a decision on the application.
1. The temporary use or structure shall not cause unreasonable negative impacts to properties,
residents, business or public uses in the vicinity, which cannot be mitigated through the imposition of
conditions on such temporary use or structure. Such negative impacts to consider include, but are
not limited to: visual, noise, vibration, trash, hours of operation, traffic congestion, parking, safety,
soil and vegetation disturbance, natural resource impacts and reasonable expectations of
enjoyment of property based upon zone district designations and community planning documents;
2. Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire
protection, roads and transportation, as applicable) will be available to serve the proposed
temporary use or structure while maintaining adequate levels of service for existing development;
3. The temporary use shall comply with all applicable general and specific regulations of this Section,
other Town ordinances, and state and federal law unless otherwise expressly stated;
4. The applicant has demonstrated that he or she possesses the requisite skills and experience to
ensure that the particular activity will be conducted in a safe and orderly manner;
5. The temporary use or structure is not of a nature that will become impractical to cease or remove
over time;
6. Adequate plans or sureties are proposed to guarantee restoration of the property after the temporary
use or structure ceases;
7. All temporary signs associated with the temporary use or structure shall be properly permitted
pursuant to Chapter 15.28, Sign Code, and removed when the activity ends or permit expires,
whichever occurs first;
8. The temporary use or structure shall not violate any applicable conditions of approval that apply to
a principal use on the site;
9. The temporary use regulations of this Section do not exempt the applicant or operator from any
other required permits, such as food service or building permits;
10. The temporary use or structure, including any associated parking and traffic circulation, shall not
disturb sensitive or protected resources, including required buffers, one-hundred-year floodplains
and required landscaping, and the applicant shall agree to restore all disturbed areas of the site to
the condition that existed prior to the temporary use or structure;
11. Tents and other temporary structures shall be located so as not to interfere with the normal
operations of any permanent use located on the property, shall be anchored and meet the
requirements of the Building Official, including fire rating;
12. Off-street parking shall be adequate to accommodate the proposed temporary use or an acceptable
parking plan shall be approved with the temporary use or structure;
13. The temporary use will not result in excessive demands for police, ambulance, fire or other
essential public services which may negatively impact the capacity of existing public services to
meet existing public service demands or the applicant agrees to mitigate the increased demands
for public services;
14. The size, nature or location of the temporary use or structure is not reasonably likely to cause a
clear and present danger of injury to persons and property;
15. Another temporary use permit application has not been received prior in time or has already been
approved for the same time and place requested by the applicant or so close in time and place to
that required by the applicant that the issuance of both permits would cause undue traffic
congestion;
16. The location of the temporary use or structure will not substantially interfere with any construction or
maintenance work scheduled to take place upon Town streets; and
17. The temporary use or structure shall be for a duration which is appropriate considering the
location, use, planned development and activities in the vicinity and impact on nearby properties;
however, in no event shall a temporary use be granted for more than three (3) years.
STAFF RESPONSE: The application has been evaluated for conformance with these criteria and Staff
determined that it meets the requirements. Snow storage will not cause unreasonable negative impacts in
the site’s vicinity. Staff expects the site to be fully cleared of trash in spring 2021. Water and erosion Best
Management Practices (BMPs) are temporary and will not impact the site. BMPs will be removed in spring
2021. Matting will be laid before vehicle entry. The proposed snow storage site is in an unpopulated part of
town. These factors limit the amount of disturbance, noise, or other negative impacts anticipated by the
storage proposed.
STAFF RECOMMENDATION: Staff recommends approval of the TMP application for Tract E, Filing 3,
Village at Avon Subdivision, with the following findings and conditions:
Findings:
1. The application qualifies as a Temporary Use Permit subject to review according to §7.16.020 of
the Development Code;
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; and
5. There is no extra demand for public services or infrastructure exceeding current capacity by the
application.
Conditions:
1. The approval is valid for one calendar year, with the condition that Staff approve the mitigation
efforts conducted in spring 2021;
2. The site shall be restored to original grade and vegetation; and
3. Access to the site is only allowed from the east. Snow storage vehicles must go east on US 6 to
Post Boulevard to access the site.
RECOMMENDED MOTION:
“I Move to approve case #TMP20003, a Temporary Use Permit for snow storage on Tract E, Filing 3, Village at
Avon Subdivision, together with the findings of fact and conditions as recommended by Staff.”
Attachment:
A. Application Materials
Thank you,
David McWilliams, Town Planner
970-749-4023
cmcwilliams@avon.org
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Attachment A, 1
MEMORANDUM
TO: Town of Avon Planning and Zoning Commission; David McWilliams, AICP,
Town Planner
FROM: Jeffrey Schneider, P.E., ERWSD
DATE: 11/6/2020
RE: Village (at Avon) Tract E Filing 3 Temporary Use/Snow Storage
Introduction
This memorandum is to accompany the submitted Temporary Use Application by Eagle River Water and
Sanitation District (ERWSD or the District) for temporary snow storage at the Village (at Avon) Tract E
Filing 3 property, located on Swift Gulch Road in Avon. Town of Avon approved a 1041 permit
application for a major wastewater treatment facility (WWTF) expansion at the Avon WWTF site. That
project is currently under construction. The property, in addition to being utilized as a WWTF site, is also
the headquarters for the ERWSD Field Operations team, laboratory, and backflow prevention and cross
connection control (BPCCC) team, as well as other business functions. The site impacts from the large
project and the need to continue existing operations over the winter months results in a lack of necessary
snow storage space, and the need to haul snow to an off site facility. ERWSD has selected the above-
referenced property as its desired snow dump location. Approval criteria and ERWSD responses to those
criteria are included below.
Approval Criteria
1. The temporary use or structure shall not cause unreasonable negative impacts to properties,
residents, business or public uses in the vicinity, which cannot be mitigated through the imposition of
conditions on such temporary use or structure. Such negative impacts to consider include, but are
not limited to: visual, noise, vibration, trash, hours of operation, traffic congestion, parking, safety,
soil and vegetation disturbance, natural resource impacts and reasonable expectations of
enjoyment of property based upon zone district designations and community planning documents;
Response: The use will not cause unreasonable negative impacts to properties, residents, or public uses
in the vicinity. The site is isolated from nearby land use of any type, except for the Eagle County
Ambulance District property. Hours of operation will be normal business hours. Soil and vegetation
disturbance/natural resource impacts will be mitigated by the use of stormwater best management
practices (BMPs); the site is fully stabilized and we do not anticipate the snow storage to cause
erosion or sediment transport. We realize that snow dump sites can often involve litter and trash;
ERWSD is committed to performing inspections and maintenance and cleanup as needed during
the temporary use. Finally, as of the composition of this memorandum, we are awaiting and
anticipating approval of the use from the Village at Avon Design Review Board.
2. Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire
protection, roads and transportation, as applicable) will be available to serve the proposed
temporary use or structure while maintaining adequate levels of service for existing development;
Attachment A, 2
Village (at Avon) Tract E Filing 3 Temporary Use/Snow Storage
Page 2 of 3
Response: The criteria related to utilities (water/sewer/gas service et al) are not applicable to this
temporary use. There is adequate road and transportation infrastructure to serve the use in the
form of Swift Gulch Road, and the use will not have negative impacts to the roadway. A vehicle
tracking control (VTC) pad will be installed as part of the BMP program.
3.The temporary use shall comply with all applicable general and specific regulations of this Section,
other Town ordinances, and state and federal law unless otherwise expressly stated;
Response: The temporary use will comply with all regulations, ordinances, and state and federal laws.
4.The applicant has demonstrated that he or she possesses the requisite skills and experience
to ensure that the particular activity will be conducted in a safe and orderly manner;
Response: ERWSD possesses the skills and experience to ensure that the temporary use will be
conducted in a safe and orderly manner. Equipment operators and truck drivers carry the highest
levels of certifications and ERWSD is committed to safety as a core business value.
5. The temporary use or structure is not of a nature that will become impractical to cease or remove
over time;
Response: The snow stored on the site will infiltrate into the earth or become runoff in the spring into the
storm drainage system. The BMPs proposed are temporary and the site will be thoroughly cleaned
up and BMPs can be easily removed once the temporary use concludes.
6. Adequate plans or sureties are proposed to guarantee restoration of the property after the temporary
use or structure ceases;
Response: ERWSD is willing to post a bond or other surety to ensure restoration of the property after the
temporary use if required.
7.All temporary signs associated with the temporary use or structure shall be properly permitted
pursuant to Chapter 15.28, Sign Code, and removed when the activity ends or permit expires,
whichever occurs first;
Response: No signage is proposed as part of the temporary use.
8.The temporary use or structure shall not violate any applicable conditions of approval that apply
to a principal use on the site;
Response: The temporary use will not violate any conditions of approval that apply to a principal use of
the site. The property owner, Eagle River Fire Protection District (ERFPD) consented to the use.
9. The temporary use regulations of this Section do not exempt the applicant or operator from any
other required permits, such as food service or building permits;
Response: ERWSD is obtaining Village at Avon DRB approval and a Town of Avon Right of Way permit
for land use and culvert installation/site access, respectively. There are no other permits required.
10. The temporary use or structure, including any associated parking and traffic circulation, shall not
disturb sensitive or protected resources, including required buffers, one-hundred-year floodplains
and required landscaping, and the applicant shall agree to restore all disturbed areas of the site to
the condition that existed prior to the temporary use or structure;
Attachment A, 3
Village (at Avon) Tract E Filing 3 Temporary Use/Snow Storage
Page 3 of 3
Response: No sensitive or protected resources will be impacted by the temporary use. ERWSD is
committed to restoring the site to equal or better condition than documented prior to the Temporary
Use.
11. Tents and other temporary structures shall be located so as not to interfere with the normal
operations of any permanent use located on the property, shall be anchored and meet the
requirements of the Building Official, including fire rating;
Response: Not applicable, no temporary structures are included.
12. Off-street parking shall be adequate to accommodate the proposed temporary use or an acceptable
parking plan shall be approved with the temporary use or structure;
Response: Not applicable, no off street parking is anticipated.
13. The temporary use will not result in excessive demands for police, ambulance, fire or other
essential public services which may negatively impact the capacity of existing public services to
meet existing public service demands or the applicant agrees to mitigate the increased demands
for public services;
Response: The temporary use will not result in any additional demands on public services.
14. The size, nature or location of the temporary use or structure is not reasonably likely to cause a
clear and present danger of injury to persons and property;
Response: The size, nature, and location of the temporary use is unlikely to cause a clear and present
danger of injury to persons or property.
15. Another temporary use permit application has not been received prior in time or has already been
approved for the same time and place requested by the applicant or so close in time and place to
that required by the applicant that the issuance of both permits would cause undue traffic
congestion;
Response: ERWSD is not aware of any other temporary use permits in the area that would result in traffic
congestion.
16. The location of the temporary use or structure will not substantially interfere with any construction or
maintenance work scheduled to take place upon Town streets;
Response: No interference with construction or maintenance is anticipated to occur. The use of the site
will occur during months where roadway work is prohibited, and site activities will be confined to
periods between snow storms and will not interfere with snow removal operations. ERWSD staff will
remain in close coordination with TOA Road and Bridge staff.
17. The temporary use or structure shall be for a duration which is appropriate considering the
location, use, planned development and activities in the vicinity and impact on nearby properties;
however, in no event shall a temporary use be granted for more than three (3) years.
Response: ERWSD is seeking approval for one winter season at this time, but will likely require the use
for the next two winters. In either case, the temporary use will not exceed three years.
Attachment A, 4
TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner
RE: TMP20004 – PUBLIC HEARING – Parking Space use on
Tract Q, Block 2 Benchmark at Beaver Creek Subdivision
– 82 Beaver Creek Boulevard
DATE: November 12, 2020
STAFF REPORT OVERVIEW: This staff report contains one Temporary Use Permit (TMP) application for
consideration by the Planning and Zoning Commission (PZC).
SUMMARY OF REQUEST: Kerri Thelen, (the Applicant) with Ein Prosit restaurant, requests the conversion
of four (4) parking spaces in front of the unit to be allocated to seating for the winter at the Junction Building
site. This converted use will allow for additional patronage during the busy winter months in the relative
safety of the outdoors during the COVID-19 pandemic. Seating, some fire pits, and the delineation of
PROPERTY DESCRIPTION: Tract Q is located in the center of Town, to the northeast of the Avon Road
and Benchmark Road roundabout. It hosts a mix of commercial uses, including food services, sports gear
shops, and offices. The old Montana’s Restaurant space is adjacent to the proposed parking space
conversion, and the temporary use will be disallowed upon the occupancy of a new bank tenant, tentatively
scheduled for spring 2021.
PROCESS: TMP applications lasting over 30 days require a public hearing and PZC decision. PZC can
approve TMP applications for up to three (3) years. While this application proposes the parking space use
for the winter, Staff suggests allowing the use for one (1) year, stipulating the use would end when the bank
occupies the adjacent Montana’s, to provide flexibility to the applicant.
PUBLIC NOTICE: In compliance with the Public Hearing and noticing requirements, this report verifies that
mailed notice was sent to property owners within 300’ of the property on November 3, 2020. Additionally, a
notice was published in the Vail Daily on November 6, 2020. Certification of these requirements can be
obtained from the office of Community Development.
REVIEW CRITERIA: Undesignated uses and activities are classified as requiring a Temporary Use Permit
when the activity is not related to a building permit on the subject lot. The following review criteria serve as
the basis for a decision on the application.
1. The temporary use or structure shall not cause unreasonable negative impacts to properties,
residents, business or public uses in the vicinity, which cannot be mitigated through the imposition of
conditions on such temporary use or structure. Such negative impacts to consider include, but are
not limited to: visual, noise, vibration, trash, hours of operation, traffic congestion, parking,
safety, soil and vegetation disturbance, natural resource impacts and reasonable expectations of
enjoyment of property based upon zone district designations and community planning documents;
2. Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire
protection, roads and transportation, as applicable) will be available to serve the proposed
temporary use or structure while maintaining adequate levels of service for existing development;
3. The temporary use shall comply with all applicable general and specific regulations of this Section,
other Town ordinances, and state and federal law unless otherwise expressly stated;
4. The applicant has demonstrated that he or she possesses the requisite skills and experience to
ensure that the particular activity will be conducted in a safe and orderly manner;
5. The temporary use or structure is not of a nature that will become impractical to cease or remove
over time;
6. Adequate plans or sureties are proposed to guarantee restoration of the property after the temporary
use or structure ceases;
7. All temporary signs associated with the temporary use or structure shall be properly permitted
pursuant to Chapter 15.28, Sign Code, and removed when the activity ends or permit expires,
whichever occurs first;
8. The temporary use or structure shall not violate any applicable conditions of approval that apply
to a principal use on the site;
9. The temporary use regulations of this Section do not exempt the applicant or operator from any
other required permits, such as food service or building permits;
10. The temporary use or structure, including any associated parking and traffic circulation, shall not
disturb sensitive or protected resources, including required buffers, one-hundred-year floodplains
and required landscaping, and the applicant shall agree to restore all disturbed areas of the site to
the condition that existed prior to the temporary use or structure;
11. Tents and other temporary structures shall be located so as not to interfere with the normal
operations of any permanent use located on the property, shall be anchored and meet the
requirements of the Building Official, including fire rating;
12. Off-street parking shall be adequate to accommodate the proposed temporary use or an acceptable
parking plan shall be approved with the temporary use or structure;
13. The temporary use will not result in excessive demands for police, ambulance, fire or other
essential public services which may negatively impact the capacity of existing public services to
meet existing public service demands or the applicant agrees to mitigate the increased demands
for public services;
14. The size, nature or location of the temporary use or structure is not reasonably likely to cause a
clear and present danger of injury to persons and property;
15. Another temporary use permit application has not been received prior in time or has already been
approved for the same time and place requested by the applicant or so close in time and place to
that required by the applicant that the issuance of both permits would cause undue traffic
congestion;
16. The location of the temporary use or structure will not substantially interfere with any construction or
maintenance work scheduled to take place upon Town streets; and
17. The temporary use or structure shall be for a duration which is appropriate considering the
location, use, planned development and activities in the vicinity and impact on nearby properties;
however, in no event shall a temporary use be granted for more than three (3) years.
STAFF RESPONSE: The application extends an approved use (outdoor seating) to the area in front of the
business. With no occupant of the adjacent space and the relative segregation of the parking spaces, Staff
is not concerned with the impacts of the use. The proposed design (below) does not include an entrance at
the parking lot level. This design element may be worthy of debate by the PZC. The application was
referred to the Eagle River Fire Protection District and received no pertinent comments. In all, few negative
impacts are anticipated by this application. There are no concerns with removing parking spaces, until the
Montana’s space is occupied.
STAFF RECOMMENDATION: Staff recommends approval of the TMP application for Tract Q, Block 2,
Benchmark at Beaver Creek Subdivision, with the following findings and conditions:
Findings:
1. The application qualifies as a Temporary Use Permit subject to review according to §7.16.020 of
the Development Code;
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; and
5. There is no extra demand for public services or infrastructure exceeding current capacity by the
application.
Conditions:
1. The approval is valid until November 17, 2021, or occupancy of the old Montana’s Restaurant
location, whichever is sooner; and
2. A liquor license modification will be approved before serving clients in the temporary area.
RECOMMENDED MOTION:
“I Move to approve case #TMP20004, a Temporary Use Permit for seating on four (4) parking spaces on Tract Q,
Block 2 Benchmark at Beaver Creek Subdivision, together with the findings of fact and conditions as
recommended by Staff.”
Thank you,
David McWilliams, Town Planner
970-749-4023
cmcwilliams@avon.org