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PZC Packet 121520Notice Avon Notice of Regular Avon Planning and Zoning Commission Meeting December 15, 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/webinar/register/WN_u_ma4hPLSmO snQBcHqEc_g and join. You can also find the agenda and meeting packet materials for the meeting under Government > Planning & Zoning Commission > Agendas, Packets & Materials. ______________________________________________________________________________ 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, DECEMBER 15, 2020 MEETING BEGINS AT 5:00 PM VIRTUAL MEETING ONLY 1. CALL TO ORDER AND ROLL CALL 2. ELECTION OF NEW PZC CHAIRPERSON AND VICE-CHAIR 3. APPOINTMENT OF NEW PZC REPRESENTATIVE TO THE VILLAGE AT AVON DESIGN REVIEW BOARD 4. APPROVAL OF AGENDA 5. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS 6. BUSINESS ITEMS 6.1. VILLAGE AT AVON – PLANNING AREA J – DESIGN REVIEW REFERRAL - PROPOSAL FOR A NEW GAS STATION. THE VILLAGE AT AVON PUD REQUIRES PZC REFERRAL FOR LAND USE DECISIONS OF THIS TYPE. THE DISCUSSION WILL FOCUS ON STAFF’S ANALYSIS ON THE VILLAGE AT AVON’S DESIGN GUIDELINES AND PZC’S SUBSEQUENT REFERRAL LETTER. (TOWN PLANNER DAVID MCWILLIAMS & CASSIE YOUNGER) 6.2. 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 & ANGELO VERALDI AND JENNA SKINNER) 6.3. 371 METCALF ROAD- LOT 14/15 BLOCK 1 BENCHMARK AT BEAVER CREEK SUBDIVISION - PUBLIC HEARING – PROPOSAL TO CREATE TWO (2) ACCESSORY DWELLING UNITS WITHIN UNIT 2SA1. (TOWN PLANNER DAVID MCWILLIAMS & MARK DONALDSON) 7. CONSENT AGENDA 7.1. NOVEMBER 17, 2020 MEETING MINUTES 7.2. DECEMBER 1, 2020 MEETING MINUTES 7.3. TMP20002 - 042 RIVERFRONT LANE DIRT STORAGE 7.4. TMP20003 – UNADDRESSED SWIFT GULCH SNOW STORAGE 7.5. TMP20004 – 82 BEAVER CREEK BOULEVARD OUTDOOR SEATING 8. STAFF UPDATES 9. ADJOURN PLANNING AND ZONING COMMISSION MEETING MINUTES TUESDAY, NOVEMBER 17, 2020 1. CALL TO ORDER AND ROLL CALL Chairperson Lindsay Hardy called the regular meeting to order at 5:02 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, Planning Director Matt Pielsticker, and Haley Cramer with Garfield Hecht. 2. APPROVAL OF AGENDA Action: Commissioner Barnes motioned to approve the agenda. Commissioner Lang seconded the motion and it carried unanimously 6-0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS Commissioners Smith noted a conflict with item 4.2. Commissioner Hardy motioned to accept the conflict. Commissioner Lanious seconded the motion and it carried unanimously 5-0. Commissioner Hardy noted a conflict with item 4.2. Commissioner Nusbaum motioned to accept the conflict. Commissioner Lanious seconded the motion and it carried unanimously 5-0. 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 & ANGELO VERALDI AND JENNA SKINNER) At roughly 5:36 the meeting connection was interrupted. The meeting was restarted once all the Commissioners and the public returned, roughly at 5:44, and Jena Skinner continued her presentation. Public Comment: Walter Dandy commented on the application. Action: Commissioner Barnes motioned to continue the item to December 15, 2020. Commissioner Smith seconded the motion and it carried unanimously 6-0. 4.2. 42 RIVERFRONT LANE – LOT 1 RIVERFRONT SUBDIVISION – PUBLIC HEARING – PROPOSAL FOR DIRT STORAGE ASSOCIATED WITH CONSTRUCTION FOR THE WINTER. (TOWN PLANNER DAVID MCWILLIAMS & ANDY HALMINSKI WITH EVANS CHAFFEE) Action: Commissioner Nusbaum motioned to approve the item 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 pile, 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. Commissioner Lanious seconded the motion and it carried unanimously 4-0. Commissioner Smith left the meeting. 4.3. UNADDRESSED SWIFT GULCH ROAD - TRACT E FILING, 3 VILLAGE AT AVON SUBDIVISION – PUBLIC HEARING – PROPOSAL FOR SNOW STORAGE ASSOCIATED WITH CONSTRUCTION FOR THE WINTER. (TOWN PLANNER DAVID MCWILLIAMS & JEFF SCHNEIDER WITH ERWSD) Action: Commissioner Nusbaum motioned to approve the item 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. Commissioner Nusbaum seconded the motion and it carried unanimously 5-0. 4.4. 82 BEAVER CREEK BOULEVARD – TRACT Q BLOCK 2 BENCHMARK AT BEAVER CREEK SUBDIVISION – PUBLIC HEARING – PROPOSAL FOR OUTDOOR SEATING AND DINING, OCCUPYING TWO (2) PARKING SPACES IN THE JUNCTION BUILDING PARKING LOT FOR THE WINTER. (TOWN PLANNER DAVID MCWILLIAMS & KERRI THELEN WITH EIN PROSIT) Action: Commissioner Nusbaum motioned to approve the item 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. Commissioner Nusbaum seconded the motion and it carried unanimously 5-0. 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 Action: Commissioner Barnes motioned to approve the consent agenda. Commissioner Nusbaum seconded the motion and it carried unanimously 5-0. 6. STAFF UPDATES Staff mentioned some software updates, future meeting items, and development projects in Town. 7. ADJOURN There being no further business before the Commission adjourned the meeting at 7:20 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 PLANNING AND ZONING COMMISSION MEETING MINUTES TUESDAY, DECEMBER 1, 2020 1. CALL TO ORDER AND ROLL CALL Planning Director Matt Pielsticker called the meeting to order. Commissioners Nusbaum, Lanious and Barnes were present. Due to a lack of quorum, all items were continued to the December 15, 2020 PZC meeting. 2. ADJOURN The meeting was adjourned at 5:10 pm. 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: __________________________________ Chairperson PZC Record of Decision: #TMP20002 Page 1 of 1 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF DECISION: November 17, 2020 TYPE OF APPLICATION: Temporary Use Permit PROPERTY LOCATION: Lot 1 Riverfront Subdivision FILE NUMBER: TMP20002 APPLICANT: Andy Halminski with Evans Chaffee Owner: EW Riverfront East Investor LLC This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.020: DECISION: Approval of the temporary use plan 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 pile, 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. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ PZC Chairperson PZC Record of Decision: #TMP20003 Page 1 of 1 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF DECISION: November 17, 2020 TYPE OF APPLICATION: Temporary Use Permit PROPERTY LOCATION: Tract E Filing 3 Block 2 Village at Avon Subdivision FILE NUMBER: TMP20003 APPLICANT: Jeff Schneider with ERWSD Owner: Eagle River Fire Protection District This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.020: DECISION: Approval of the temporary use plan 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. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ PZC Chairperson PZC Record of Decision: #TMP20004 Page 1 of 1 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF DECISION: November 17, 2020 TYPE OF APPLICATION: Temporary Use Permit PROPERTY LOCATION: Tract Q Block 2 Benchmark at Beaver Creek Subdivision FILE NUMBER: TMP20004 APPLICANT: Kerri Thelen Owner: CSB Properties Holdings, LLC This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.020: DECISION: Approval of the development plan 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. 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: Service Station on Avon Landing Block 1, Village at Avon DATE: November 20, 2020 STAFF REPORT OVERVIEW: This memo contains preliminary design material for a new service station in the Village (at Avon) (VAA) for referral from the VAA Design Review Board (DRB) to the Planning and Zoning Commission (PZC). While this potential project is not subject to a majority of sections in Chapter 7 of Avon Development Code (ADC) and will not be subject to the formal Town of Avon review process outlined within it, PZC is tasked with formulating comments that the DRB can use for their formal review. Per the Design Guidelines in the Planned Unit Development (PUD), “The DRB shall refer to the Town of Avon's Planning and Zoning Commission, for comment only, and not for approval or disapproval, Development proposals submitted to the DRB.” The proposal is approaching a completed application for the DRB, and this may be PZC’s only review of the project. Two documents guide this project: The Village (at Avon) Design Guidelines, dated October 1, 2018, (Design Guidelines), and Village (at Avon) DRB Guide (DRB Guide) describe the desired aesthetic of all projects and articulate aspirations rather than hard requirements. Staff crafted specific recommendations, based on these documents, for PZC’s consideration to relay to the DRB. This report seeks to address common design considerations that would be contained in any development application, through that lens. This is one of the first buildings proposed on the north side of I-70 in the VAA and Staff expects more. The discussion points presented are contextualized for one use and building among a network of spaces that operate within a unified design framework for visual harmony. PROPERTY DESCRIPTION: The site location is in Planning Area J of the VAA, situated north of I-70 and adjacent to Post Boulevard. The PUD permits the proposed use on Planning Area J. It is largely shielded from I-70 views by grade changes and berms. The site is visible from above, and future development will look down upon this site. Staff expects an administrative Subdivision application to be presented, creating the site’s land and additional lots. PROCESS SUMMARY: A preliminary development application is in front of the VAA DRB. Per the Design Guidelines, after referral to PZC, the DRB can formally approve or deny the project. As processed in the past with the Avon Apartments, Staff recommends an in-depth discussion at the December 1st meeting. Staff will return to PZC at the following meeting with revised comments based upon discussion, to formally transmit to the Village DRB. PLANNING ANALYSIS: Most sections below start with quoted text from DRB Guide to frame the elements of importance. The Design Guide is also quoted, noted with “(Design Guide)” at the end. All text is unmodified in formatting, except for italicized portions added for emphasis by Staff. Allowed Use and Density: As noted above, this commercial use is explicitly allowed in Planning Area J. Lot Coverage, Setback and Easements: The property appears to be compliant with all applicable coverage, setback, and easement requirements. Front: 20’ Side: 0’ Rear: 10” Building Height: The PUD allows up to 48’ and this building was not analyzed for height. DESIGN ANALYSIS: Design Theme: “In order to create a unique, pedestrian friendly, vibrant, successful, and long lasting town that enriches the quality of life and maximizes/enhances and preserves the value of the Property, the design of all Development within the Village must, among other things, distinguish itself by being unique, sustainable, interesting, attractive, and must respect the mountain setting as well as complement the surrounding Development within the Village. The Overall Design Theme (hereinafter referred to as the “Design Theme”) is to establish an attractive appearance for visitors and residents and yet be flexible enough to allow for affordable design solutions.” “The attractive appearance expected for Development consists of, among other things, innovative and attractive architecture that promotes sustainable ideas and is sensitive to the surrounding area.” “The DRB shall not accept exceptions to the Design Theme and Design Philosophy that break the pattern of unique and attractive architecture for Development at the Village, as any exceptions will negatively impact the Village and will promote unattractive architecture for Development in the future.” Staff Response: Overall, the project presents a perfunctory nod to the Design Theme language, and there are few discernable elements of mountain aesthetic. More natural muted tones, building articulation, interactive windows, and innovative design are suggested to respect the mountain setting and create visual interest. For example, the fuel pump canopy can be made more visually interesting by shape and design, to better reflect the local mountain aesthetic. Service Station Standards: ADC includes a specific section for service stations, and Staff sees value in including the language: (i) A fuel pump canopy shall utilize the same architectural design and materials as the principal building on the lot. (ii) Light fixtures mounted under canopies shall be cut-off and shielded so that there is no glare or light spillage at the property line. Lights and fixtures shall not extend below the surface of the ceiling of the canopy. (iii) Lights shall not be mounted on the top or sides (fascias) of the canopy and shall not be externally illuminated, except as part of an internally illuminated sign that meets the standards of Chapter 15.28, Sign Code. The canopy has few design features that tie it to the store. No lighting cut sheet was provided, so Staff cannot comment on the potential glare of the lighting, but they do appear flush mounted. Staff recommends that the light fixture temperature and intensity be carefully reviewed in order to control unanticipated impacts. The canopy may be visible from Interstate 70 given the site’s location perched above the elevation of the highway. There is no sign design cut sheet, either. Easements, Drainage, Retaining Walls: Staff is working directly with the DRB for some clarification at this stage. There are few retaining walls with this development proposal. The drainage study is being finalized to demonstrate how the adjacent detention pond can accommodate future uphill development. View from Post Boulevard and I-70 roundabout. The site is bermed from 2 sides and elevated above I-70. Parking: In Planning Area J, “underground parking is highly encouraged. However, if the Owner can show that the Design Philosophy is still achieved with surface parking, the DRB is willing to consider waiving this requirement.” While not underground, the berms surrounding the property appear to screen surface parking spots. Staff Response: This proposal includes a 4,425 square foot building. 31 parking spaces (not including the fill-up areas) are proposed, equating to 7 spaces per 1,000 square feet of commercial space. The PUD requires 2 spaces per 11,000 square feet of Gross Square footage, although that number might be a typo. While the PUD includes parking minimums, it does not include maximums. Using ADC’s standard, the parking maximum should be roughly 22 spaces. Staff encourages a discussion if the parking allocation could help achieve design goals. Per AMC Sec. 15.28, 6 electric vehicle capable, 4 electric vehicle ready, and 2 electric vehicle installed spaces must be present on this site. Access Drive and Street Front: “Access to the building sites will require careful consideration of, among other things, the existing topography, buildings’ solar orientation, and the integration of the present and future public vehicular and pedestrian systems.” “All entryways should: provide a sheltered transition to the inside; offer visual clues as to the desired pedestrian circulation; possess inviting features; address the street; relate, in both scale and design style, to the use of the Building.” “North facing entries and outdoor spaces should be carefully considered because of winter conditions.” “All doorway and entryways must provide protection from sloughing snow or ice, be well lit without light pollution, and offer a spot for pedestrians and bicycle traffic to gather.” “Avoiding the sea of asphalt feel is something that can provide interest to a project at the same time as benefiting the environment.” (Design Guide) Staff Response: Access to the property is limited to the location proposed due to existing topography and road design. The building’s orientation and subsequent design choices stem from these limitations. Patrons will be afforded sweeping views from this location, although views from within the store will be minimal. There is a “sea of asphalt” feel in this application. There is a proposed walkway from Post Boulevard to the heart of the site. Staff suggests striping or differentiation in materials for the walkway to indicate the pedestrian crossing of the site’s drive lane. There is no sidewalk proposed on the northeast side of the property since the main east/west pedestrian connection is planned for the north side of Swift Gulch road. The walkway directly in front of the building entry is approximately 10 feet wide. There is no proposed bicycle parking or treatments. The building’s entrance faces northeast and it appears that other than asphalt and concrete, there are no treatments for winter conditions. Steel awnings are present on the site plan, but their size, aesthetic, and functionality are perhaps more appropriate in another environment. Overall, the deviation from the DRB Guide language is concerning to Staff. Landscaping: “Acceptable landscape design will, among other things; retain and promote as much healthy native vegetation as practical, encourage creativity and personalized design of the landscaping, conserve water by creating landscapes where water-wise plants predominate, minimize the use of water-heavy plants and limit water-heavy plants to specific focal areas, limit total irrigation coverage using microclimate responsive design of irrigation systems and their conscientious operation, eradicate and prevent noxious weed infestations, minimize site grading, take into consideration the location and impact on the surrounding area, and respect and enhance the design of the streetscapes.” “The minimum landscaped area required is equal to 20% of the gross site area less the footprint of all approved Buildings.” “Any area outside the approved area of construction disturbance is deemed a natural area and is to remain in its natural state.” “Maximum site coverage for all Buildings is 30% or as the DRB recommends. Maximum site coverage for all impervious materials is 50% or as the DRB recommends.” “Surrounding the Buildings and along the public ways (and within ROW), landscape plantings, walks, public lighting, site furnishings, and signage shall create a year-round synergetic, coherent, and environmentally friendly and festive atmosphere.” “Irrigation is required in all formal landscaped areas.” (Design Guide) “All planted areas should not exceed a maximum slope of 2:1 with a minimum of two percent (2%). All grass areas should not exceed a slope of 4:1 with a minimum of two percent (2%).”( Design Guide) Staff Response: The project proposes a Landscape Area of 22,454 square feet but does not provide the calculation required to confirm conformance with the DRB Guide and PUD, above. Impervious coverage is not included in this application, and Staff also suggests its inclusion. There is landscaping on property proposed to be subdivided and therefore out of the applicant’s control. Staff is working with the DRB to confirm continued maintenance. Staff suggests the inclusion of an irrigation plan that conforms with the PUD and DRB Guide language. A slope analysis for landscaping might also be pertinent to assess for conformance with the PUD and DRB Guide. Amending tree soils to achieve a minimum planting hole diameter two (2) times as large as the root ball diameter, with at least 5% organic matter is a best practice and should be achieved. Four-sided Design: The DRB Guide do not contain any four-sided design suggestions. Staff Response: PZC has paid careful attention to Four-Sided Design in recent development applications but it is not part of these Design Guidelines. Staff recommends assessing the function and the appearance of the building from all sides. Building Design, Building Materials and Colors: “Articulation in Building planes should be of a magnitude and dimension that is consistent with the overall scale and massing of the Building, as well as the intent in design and appearance.” Staff Response: Staff is concerned that the building presents as a continuous mass, with only a cursory nod to articulation with the raised roof form over the entrance. Scale and Massing: “All Buildings must face the street and take suitable measures to minimize its impact on all visible facades. “It is encouraged to use elements to break down the out of human scale and boxy architecture and create interest. Covered circulation, shading devices, canopies, Building entries can all be used to accomplish this. The Wal-Mart and The Home Depot canopy design are the standard for diffusing the standard box architecture. Passive solar design as a component of the architectural design of individual Buildings is encouraged.” Staff Response: The building is boxy, and there is no nod to passive solar design. Design elements to diffuse the architecture and embrace the mountain environment are encouraged. The canopy supports are a nod to the Wal-Mart and Home Depot design, but further work to tie the building together is suggested. Windows: “Windows create interest in Building facades and communicate the type of Building and activities that are present. Windows may act as a lantern, establishing activity and vibrancy in the evening streetscape.” Staff Response: The windows do not create interest and are minimized to the north elevation. Additional window articulation is suggested despite conflicts with interior uses. Roof Material, Pitch and Pedestrian Protection: “Each Building should utilize green roof technologies while creating a unique expression of quality. It is strongly recommended that all primary roofs are to be “green roofs” or “grass roofs” simple in form and skyline. Roofs may be exterior usable space or a site for photovoltaic or hydronic collectors.” Staff Response: There does not appear to be any green aspect to the roofing. Staff would appreciate some nod to the design guidelines. The single pitched roof does not satisfy this design guideline and is not located above the pedestrian entrances to provide any weather protection. Trash Storage: “Service areas, such as loading bays, recycling areas, dumpsters, compactors, storage areas and large utility equipment (including ground mounted equipment such as power transformers and air handling equipment), must be enclosed, screened, or located such that they are not visible from the streets and adjacent land uses such as pedestrian access ways so that they do not negatively impact the Village by being in the public view.” Staff Response: There is a proposed dumpster on the far southern corner of the property. It might be prominent from Swift Gulch Road or the adjacent property. Staff encourages a design sheet that adheres to the above guidelines and provides adequate recycling provisions. It must be bear-proof per AMC Sec. 8.32.080 by having a roof and a locking door. Exterior Lighting: “Nighttime lighting on a site shall be designed to minimize glare, light trespass and light pollution and to conserve energy and maintain night-time safety.” (Design Guide) Staff Response: A lighting plan is not included for review. Staff suggests including a plan for review and that the lighting does not cause glare or trespass. Of particular concern is the number and intensity of canopy light fixtures. Snow Removal: “Snow piles are unsightly, are hazards to traffic that can block ingress and egress and view corridors, cause safety issues, cause potential fire hazards, and do not conform to the Design Philosophy.” Staff Response: The snow storage areas proposed are adequate for the site. Bicycle Facilities, Mobility and Connectivity: “The Village will share common connectors of vehicular and pedestrian traffic. These links will be connections of similar design details, utilizing both natural and man made design elements.” “Properties must include continued paths, as they cross the landscaped property. This should include a continued theme of plantings that co-exist with existing landscapes along the walking paths. Also, to be included are benches and/or other rest areas for pedestrians, as necessary. Also to be considered are storage areas and equipment for bicycles and other alternative transportation.” “The carefully planned transition between auto and pedestrian is an important element that encourages the use of convenient parking and inviting pedestrian paths.” Staff Response: Vehicles and pedestrian connections are separated in this application. There is no proposed sidewalk along Swift Gulch Road. The pedestrian entry path is appreciated, but Staff encourages more permeability by also including a sidewalk. This is the first of many developments in the area, and this area deserves a sidewalk despite the fact that a “path” is planned for the north side of Swift Gulch road. Also, there is no outlet on the southeast side for pedestrians, making the entry path less valuable. Bollard lighting for the pedestrian path connection would be a nice addition. Development Transitions: “The carefully planned transition between auto and pedestrian is an important element that encourages the use of convenient parking and inviting pedestrian paths.” “The architecture at the Village should create visually pleasing, enjoyable Buildings and structures that create an architecturally vibrant Village. Buildings shall include quality design details and utilize elements of design that will add context and interest to achieve the Design Philosophy. The standard for architectural design shall be Traer Creek Plaza.” “Each Building must be a unique expression that complements the Village by contributing to the fabric as one among many, not to stand alone. The designer is to establish a unique stylistic expression, while using complementary forms of material and color.” Staff Response: This service station will stand out and not integrate with the surrounding uses and features if approved as proposed. The stylistic expression present is conducive to an environment that the VAA is trying to avoid based on the above guidelines. Design work to limit the impacts to neighboring properties is important now. Careful review of how this building relates to existing development in the area is warranted. For example, the Ambulance Building is the closest building to the site. It is carefully articulated with mountain-forward design and includes interesting and appropriate detailing, materials, roof forms, .etc. Avon Ambulance facility on Swift Gulch Road Screening: “All roof mounted machinery, vents, fans, etc. will be screened and hidden from sight. All loading and refuse areas, mechanical or utility equipment will be screened.” Staff Response: The roof mounted mechanical equipment appears to be properly screened on the plans. RECOMMENDED COMMENTS: Below is a list of design suggestions taken from the above analysis. Staff suggests PZC discuss these points, and any additional suggestions or considerations that could be helpful for the VAA DRB as it reviews this project: 1. Modify the design to achieve more natural muted tones, building articulation, interactive windows, passive solar design, enhanced treatment of the entrance, and innovative design to achieve the Design Philosophy; 2. Tie the canopy design into the building design; 3. Provide a lighting cut sheet and confirm there are full cutoff lights throughout the project, with no glare or light trespass; 4. Light fixture temperature should be lower K rating, with lighting intensity only high enough to safely and adequately light the site; 5. Diminish the “sea of asphalt” by allowing only 22 parking spaces for the 4425 square foot building; 6. Per AMC Sec. 15.28, 6 electric vehicle capable, 4 electric vehicle ready, and 2 electric vehicle installed spaces must be present on this site as proposed; 7. Include a sidewalk on Swift Gulch Road; 8. Final Landscape Plans should ensure compliance with landscape coverage, impermeable area, slope, and a minimum planting hole diameter of two (2) times as large as the root ball diameter for trees, with at least 5% organic matter; 9. Include an irrigation plan; 10. Include a striped pedestrian crossing area, or material treatment, between the pedestrian path and the store front; 11. Include additional bicycle parking near the primary pedestrian entrance; and 12. Include a dumpster and recycling cut sheet and ensure it is complaint with the PUD and bear proof. Attachments: a) Architectural drawings Link: a) Village (at Avon) Design Guidelines b) Village (at Avon) DRB Guidelines DRAINAGEEASEMENT, ASPER ITEM 29,SCHEDULE B-2UTILITYEASEMENT, ASPER ITEM 29,SCHEDULE B-210' UTILITY, DRAINAGE,PEDESTRIAN, AND SNOWSTORAGE EASEMENT, AS PERITEM 32, SCHEDULE B-2RIGHTS OF ACCESS, AS PERITEM 29, SCHEDULE B-2 &AS RECORDED AS REC. No.852794I N T E R S T A T E - 7 0S 3 3 ° 2 9 ' 4 9 " W 2 7 6 . 6 9 'L=338.57',R=1226.54'D=15°48'57"PARCEL No. 2103-083-01-002RAER CREEKHOLDINGS NO. 2 LLCO F F - R A M PSECTION LINE SSSSSSSC/OWVWVWVWVWVWVWVWVWVWVWVSWWATERLATERALGATEEEEWVIRRIRRIRRIRRIRRIRRIRRWVIRREEDDDDSTACKEDROCK WALLNATURAL GASPUMP HOUSE15'X17'IRRDVARIOUS 12"RCP BEINGINSTALLEDWWATERLATERALSSMHRIM=7694.11FL=7686.06SSMHRIM=7691.56FL=7683.76SSMHRIM=7689.49FL=7681.39SSMHRIM=7677.04FL=7670.84SSMHRIM=7672.22FL=7663.57SSMHRIM=7674.59FL=7661.89SSMHRIM=7652.50FL=7645.05COMBO BOXRIM=7651.01GRATE=7650.26FL=7646.01COMBO BOXRIM=7658.92GRATE=7659.83FL=SEALEDCOMBO BOXRIM=7671.39GRATE=7670.51FL=7665.49SDMHRIM=7672.36FL=SEALEDINLET BOXRIM=7669.24FL=SEALEDINLET BOXRIM=7689.31FL=7685.46SSMHRIM=7672.88FL=7665.06WVWVIRRN 44°08'22" E39.09'FOUND REBAR & CAP(LS-37924)BENCHMARK = 7687.38L=184.88',R=630.00'D=16°48'51"N 54°48'36" E10.29'N 44°02'18" W 364.44'N 36°48'16" W 153.94'L=62.83',R=40.00'D=89°59'50"S 35°11'24" E 518.53'N 54°48'36" E 306 .58 'FOUND REBAR& CAP(LS-37924)FOUND REBAR & CAP(LS-23048 ALPINE)S W I F T G U L C H R O A DCOMBO BOXRIM=7671.39GRATE=7670.51FL=7665.49W I L L I A M J P O S T B L V D.S 19°28'47" E 794.10' (REC.)BASIS OF BEARING 794.21' (MEAS.)5-27-20SCALE:DRAWN BY:JOB NO.:DATE:DATE CHECKED BY:REVISIONS SHEETDWG:OF 1 SHEETS352 East RiversideDrive, Suite A-2 St.George, Utah 84790Ph (435) 673-8586Fx (435) 673-8397www.racivil.com05/27/2011746-19.115B.E.A.B.E.A.1"=50'Survey-ALTAMAVERIK INC. FOR ALTA/NSPS LAND TITLE SURVEY 1Brandon E. Anderson Certificate No. 38484Date:NARRATIVE:This survey was conducted at the request of the client to provide an ALTA/ACSMLand Title Survey. The Basis of Bearing were the two found rebar & capscrossing the property as noted.SURVEYOR'S CERTIFICATE:LEGAL DESCRIPTION:Block 1, AVON LANDING, A REPLAT OF TRACT H, THE VILLAGE (AT AVON) FILING3, according to the final plat recorded September 3, 2015 as Reception No.201516730.CO L ORADO LICENSEDPROFESSIONAL LAND SUR VEYOR38484BRANDON E.ANDERSONCE R T I FICATE No.050 100SCALE: 1"=50'NI hereby certify to Traer Creek Holdings No. 2 LLC, a Colorado limited liabilitycompany, Maverik, Inc a Utah Corporation & Stewart Title Guaranty Company:This is to certify that this map or plat and the survey on which it is based weremade in accordance with the 2016 Minimum Standard Detail Requirements forALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA andNSPS,including items 1, 2, 3, 4, 5, 6a, 6b, 7a, 7b1, 7b2, 8, 9, 11, 13, 14, 16, &17 of Table A. The field work was completed on May 26, 2020.EASEMENTS AND SERVITUDES PERSCHEDULE B - SECTION 2:Item 11: Easements and rights of way as granted to Colorado Ute ElectricAssociation, Inc., by the following Documents: recorded September 14, 1973 inBook 231 at Page 090 as Reception No. 126957; September 14, 1973 in Book231 at Page 092 as Reception No. 126959; September 26, 1974 in Book 236 atPage 657 as Reception No. 132638+; May 28, 1964 in Book 182 at Page 413 asReception No. 99372; June 3, 1964 in Book 182 at Page 445 as Reception No.99392; August 6, 1965 in Book 190 at Page 391 as Reception No. 101887.Note: A Portion of easement was Quit Claim to Holy Cross Electric Association,Inc., by document recorded July 6, 1988 in Book 486 at Page 709 as ReceptionNo. 382912 and a Portion of Easement was Quit Claim to Nottingham RanchCompany, a Partnership, by document recorded August 11, 1988 in Book 488 atPage 898 as Reception No. 385099. - Does not AffectItem 12: Easements and Rights of way as granted to Holy Cross ElectricAssociation, Inc., by the following Documents: recorded August 14, 1973 in Book230 at Page 576 as Reception No. 126440; September 12, 1978 in Book 275 atPage 069 as Reception No. 171477; October 17, 1978 in Book 276 at Page 603as Reception No. 173013; May 16, 1979 in Book 285 at Page 581 as ReceptionNo. 181985; May 1, 1984 in Book 384 at Page 178 as Reception No. 280483;July 19, 1977 in Book 257 at Page 586 as Reception No. 153916. Does notAffectItem 13: Permanent Easement for a Perpetual Easement to The State Departmentof Highways, Division of Highways, State of Colorado recorded May 3, 1972 inBook 223 at Page 983 as Reception No. 119729. - Does not AffectItem 14: Lack of direct access to Interstate No. 70, which abuts subjectproperty. - PlottedItem 19: Easements with Covenants and Restrictions Affecting Land ECRrecorded May 30, 2002 as Reception No. 797038. - BlanketItem 27: Nottingham Dam Easement Agreement recorded August 25, 2004 asReception No. 888905. - Does not AffectItem 29: All matters as shown on the plat of The Village (at Avon) Filing 3recorded June 29, 2004 as Reception No. 882176. - PlottedItem 30: Easements with Covenants and Restrictions Affecting Land "ECR"recorded June 29, 2004 as Reception No. 882177. - BlanketItem 32: All matters shown on the Final Plat Avon Landing, a Replat of Tract H,The Village (at Avon), Filing No. 3 recorded September 3, 2015 as Reception No.201516730. - PlottedTABLE A STATEMENT OF INFORMATION:Item 2: Project Address - 00 Unknown, Avon, CO 81620.Item 3: Flood Zone Classification - Flood Zone Classification - The surveyedparcel is located within Zone "X". "X" which is defined as "Areas determined to beoutside the 0.2% annual chance floodplain", and such flood condition is shownon the Federal Flood Insurance Rate Maps, Community No. 08037C0463D,Dated December 4, 2007.Item 4: The total gross area of the site is 6.25 acres.Item 5: Vertical relief with the source of information (ground survey), contourinterval = 1 foot, datum, Benchmark is a Rebar & CAP (LS 37294)BENCHMARK=7687.38 at the southerly corner of the property.Item 6a: Zoning Classification and requirements - No letter providedItem 6b: Depiction of Zoning Requirements - No letter providedItem 7(a): Exterior dimensions of all buildings at ground level. - DescribedItem 7(b)(1): Square footage of exterior footprint of all buildings at groundlevel. 255 sq. ft..Item 7(b)(2): Square footage of other areas as specified by the client. noneItem 8: Substantial features observed - All depicted on plat.Item 9: Number of Types of Parking Spaces - noneItem 11: Location of utilities existing on or serving the surveyed property asdetermined by: Observation & blue stakes.Item 16: Evidence of recent earth moving work, building construction, orbuilding additions observed in the process of conducting the fieldwork. - 12"RCP being installed as noted.Item 17: Proposed changes in street right of way lines, if such information ismade available to the surveyor by the controlling jurisdiction. Evidence ofrecent street or sidewalk construction or repairs observed in the process ofconducting the fieldwork. - None observed.COMMITMENT FOR TITLE INSURANCE:Prepared pursuant to Stewart Title guaranty Company, Commitment Date May 7,2020, File Number: 696930.SITEalta/nsps land title surveyLOCATED IN THE S.E. 1/4 OF SECTION 7 & S.W. 1/4 OF SECTION 8T.5 S., R.81 W., 6TH P.M.AVON | EAGLE COUNTY | COLORADO FILING CERTIFICATE:DEPOSITED THIS _______ DAY OF ______2020,AT_________ IN BOOK _______ PAGE __________OF THE COUNTY SURVEYOR'S LAND SURVEYPLATS/RIGHT-OF-WAY SURVEYS, RECEPTIONNo. _______________________ .BY: _______________________________ DEPUTYAVON, COLORADOVICINITY MAPSCALE: NONEINTERSTATE 70STONE CREEKEXISTING CONCRETEEXISTING ASPHALTFOUND 3" CDOT RIGHT-OF-WAYMARKEREXISTING SEWER MANHOLEEXISTING WATER VALVEEXISTING INLET BOXNOTHING SET OR FOUNDWVSLEGEND:EXISTING SEWER LINEEXISTING GAS LINE EXISTING FENCE LINEXEXISTING FIRE HYDRANTDEXISTING STORM DRAIN MANHOLEWIRREC/OFOUND PK NAIL UNLESS NOTEDEXISTING BUILDINGEXISTING SEWER CLEANOUTEXISTING LIGHT POLEEXISTING WATER MANHOLEEXISTING ELECTRICAL BOXEXISTING IRRIGATION VALVEDEXISTING COMBO INLET BOXAttachment A MAVERICK STORE SWIFT GULCH RD . WILLI A M J P O ST BL V D EXISTI N G SI D E W AL K PARK ING PARK ING PARK ING YG (3)PV (6) PG (5) SNOW STORAGE GRA SS S E E D GRAS S S EE D WETLAND SEED MIX EXISTING FIRE HYDRANT GRASS SEED EXISTING AUSTRIAN PINE TREES TO REMAIN, TYP OF (17) PROPOSED ADA PATH REF CIVIL RIVER ROCK COBBLE MULCH (5.5' WIDTH)PERENNIALS PERENNIALS ENTRY SIGN PERENNIALS PERENNIALS PERENNIALS TRASH ENCLOSURE PERENNIALS PERENNIALS PERENNIALS SNOW STORAGE 2292 SF SNO W S T O R A G E 1023 SF RETAINING WALL REF CIVIL DETENTION BASIN REF CIVIL EXISTING AUSTRIAN PINE TREES TO REMAIN EXISTING AUSTRIAN PINE TREES TO BE REMOVED, TYP OF (5) EXISTING LANDSCAPE AREA TO REMAIN UNDISTURBED CONC APRON REF CIVIL CONC APRON REF CIVIL PF (3) PS (2) PF (3) HS (7) YG (6) PG (5) CN (3) PP (3) RM (7) CS (3)RA (3)RB (3) PG (3) RA (3) CS (3) AC (3) RB (3) QG (3) RA (8) PROPERTY LINE RIVER ROCK COBBLE MULCH (5.5' WIDTH) PV (8) CC (3) BN (3) RW (3) RA (3) PG (3) JC (6) RM (3) RA (3) AL (7) PG (5) CA (7) HS (7) PT (3) RW (3) AL (7) CN (3) PG (3)CN (3) RA (3)RM (3) PA (3) SNO W ST O R A G E SNOW ST O RA GE 4452 SFAG (1) PE (3) AL (7) PG (3) PE (3) AL (3) PG (3) PG (3) AL (3) CN (5) RW (3) PG (3) AG (1) PG (3) JC (3) AL (3) AL (3)PM (1) PM (1) PM (1) PG (5) QG (5) AU (3) JC (3) CA (12) PV (17) AU (3) AG (1) AG (1) JC (6) PG (5) CN (3) CC (3)CA (14) PE (3) PA (3) PE (3) QG (3) CN (3) QG (3) RW (3) CO (1) CO (1) CO (1) CO (1) PV (3) PG (5) HS (3) PG (5) CO (1) AG (1) AL (3) QG (3) PG (5) RW (3) PM (3) PE (3) QG (3) CA (13) CA (10) AG (1) HS (3) PV (7) PG (5) BT (3) BT (3) CS (3) RB (3) PP (1) CS (3) PF (5) BT (3) AL (3) YG (3) AU (5) AL (3) BT (5) PS (3) PS (1) PG (5) AL (5) PV (7) PF (3) PG (3) AU (4) PG (3) CA (7) PV (7) CA (5) HS (5) PLANT BED (MULCH) PLANT BED (MULCH) GRASS SEED GRASS SEED GRASS SEED Symbol Key Botanical Description QTY Size Spacing Notes Symbol Key Botanical Common Name QTY Size Spacing Comments RW Yucca glauca Saopweed Yucca 12 as shown CC Crataegus crus-gali inermis 'Crusader' Crusader Cockspur Hawthorn 6 3" Cal. as shown Deciduous Trees AG Acer ginala 'Flame' Amur Maple 6 3" Cal as shown PT Populus tremuloides Quaking Aspen 3 as shown Coniferous Trees PA Pinus aristata Bristlecone Pine 6 10' Ht. as shown Shrubs RB Symbol Key Botanical Common Name QTY Size Spacing Comments Grasses CA 68 5 gal.as shown Calamagrostisacutiflora 'KarlForester' Karl Forester Feather Reed Grass Helictotrichon sempervirensHS 25 5 gal.as shown Blue Avena Grass PG Rhus aromatica Fragrant Sumac 26 as shown PE Pinus edulis Pinyon Pine 12 8' Ht. as shown PP Picea pungens glauca Blue Spruce 4 14' Ht. as shown Groundcover Symbol Common Name Total Area Material / Product Depth / Rate Supplier Grass Seed (Festuca ovina)30,470 SF Kovar Sheep Fescue 8 lbs / acre Pawnee Buttes Seed Bark Mulch 3,456 SF Finely Shredded Cedar Mulch 3" Depth PLANT SCHEDULE YG Rhus typhina 'Bailtiger' Tiger Eyes Sumac 9 as shown JC Juniperus communis var. depressa Common Juniper 15 5 gal. as shown Berberis thunbergii 'Orange Rocket' Orange Rocket Barberry 16 as shownBT Amelanchier canadensis Serviceberry 3 as shown PS QG Rosa Woodsii Woods Rose 18 as shown PF Perovskia atriplicifolia 'Filigran' Filigran Russian Sage 75 5 gal. RA 16 Quercus gambelii Gambel Oak 20 as shown (Multi - Stem) Perennials Mixed Species (See Perennial List)1,017 SF Symbol Common Name Total Area Container Size 1 GAL Spacing 18" OC Supplier Multi-Stem B&B Clump CS Cornus sericea 'Baileyi' Redtwig Dogwood 15 as shown PM Pinus mugo var. rostrata Mugo Pine 6 6' Ht. as shown as shown as shown River Rock Cobble Mulch (Multi-colore) 1,153 SF 4" to 6" Ø Round Stones (Un-crushed) 4"-6" QTY 447 B&B B&B Ribes aureum Gooseberry 11 as shown Picea pungens 'Montgomery' Montgomery Spruce 6 3' Ht.as shown AC RM CO Celtis occidentalis Hackberry 5 3" Cal. as shown B&B Artemesia ludoviciana Prairie Sagebrush 43 as shownAL Arcostaphylos coloradoensis Panchito Manzanita 22 as shownAU CN Chysothamnus nauseosus Rabbitbrush 25 as shown Panicum virgatum 'Cloud Nine'PV 55 5 gal.as shown Tall Switch Grass Wetland Seed Mix 1,646 SF Mountain Wetland Mix 10 lbs / acre Pawnee Buttes Seed BN Betula occidentalis Red Birch 3 10' Ht. as shown Multi-Stem B&B Clump 5 gal. 5 gal. 5 gal. 5 gal. 5 gal. 6' Ht. 5 gal. 5 gal. 5 gal. 5 gal. 5 gal. 5 gal. 5 gal. B&B PERENNIAL PLANT LIST: BOTANICAL NAME COMMON NAME Achillea 'Summer Wine'SUMMER WINE YARROW Aquilegia 'Bluebird'BLUE BIRD COLUMBINE Calamintha nepeta 'Blue Cloud'CALAMINT Delospema 'Fire Spinner'ICE PLANT Delospema 'Mesa Verde'ICE PLANT Echinacea 'Flame Thrower'HYBRID CONEFLOWER Gallardia x grandiflora 'Kobold' GOBLIN GOBLIN BLANKET FLOWER Geranium 'Johnson's Blue'JOHNSON'S BLUE GERANIUM Heliopsis helianthoides 'Tuscan Sun'TUSCAN SUNFLOWER Hemerocallis 'Autumn Red'RED DAYLILY Heuchera pulchella SANDIA MTN.CORAL BELLS Leucanthemum x superbum SHASTA DAISY Liatris spicata 'Kobold'GAYFEATHER Monarda didyma 'Pardon My Cerise'RED BEE BALM Mahonia repens CREEPING OREGON GRAPE Penstemon strictus ROCKY MOUNTAIN PENSTEMON Phlox subulata 'Fort Hill'FORT HILL MOSS PHLOX Salvia nemorosa 'Blue Marvel'BLUE MARVEL SALVIA Thymus praecox CREEPING THYME L2.1 1 LANDSCAPE PLAN 1" = 20' PERENNIAL PLANTING NOTES: 1. PERENNIALS SHALL BE PLACED ACCORDING TO THEIR MATURE HEIGHT WITH THE SHORTEST PLANTS LOCATED CLOSEST TO THE DRIVEWAY EDGE AND TALLEST PLANTS LOCATED FURTHEST FROM THE DRIVEWAY EDGE. 2. CONTRACTOR SHALL COORDINATE WITH THE LANDSCAPE ARCHITECT FOR APPROVAL OF THE PERENNIAL LAYOUT AND PLACEMENT PRIOR TO FINAL PLANTING. LANDSCAPE AREA CALCULATIONS TOTAL LOT AREA = 85,492 SF LANDSCAPE AREA PROVIDED = 22,454 SF PERCENTAGE OF LANDSCAPE AREA WITHIN LOT BOUNDARY = 26.3% Pinyon Pine Hackberry Blue Spruce Quaking Aspen Amur Maple Saopweed Yucca Rabbitbrush Orange Rocket Barberry Redtwig DogwoodPerennials Fragrant Sumac Woods Rose Karl Forester Blue Avena River Rock Cobble Bark Mulch Attachment A Sp 94' - 0"50' - 11"118 35° STOR. COOLER 119 -10° FREEZER 112 DELI PREP 113 KITCHEN SERVICE 111 COFFEE PREP 105 MEN'S 104 EXIT HALLWAY 106 WOMEN'S 115 35° BEVERAGE COOLER 114 30° BEER COOLER HOUSEKEEPING PAD 110 VENDOR RECEIVING 102 OFFICE Prototype Version: 185 S. State Street Salt Lake City, Utah 84111 Building Square Footage: Construction Type/Occupancy Classification: PROPOSED MAVERIK C-STORE 40_R_RR_2002 A-1 FLOOR PLAN 4,425 SF V-B/M SCALE:1/4" = 1'-0"1 FLOOR PLAN Attachment A Sp 2 A-2 3 A-2 1/4" / 12"1/4" / 12"SKYLIGHT HVAC ROOFTOP UNIT HVAC ROOFTOP UNIT HVAC ROOFTOP UNIT CONDENSING UNIT CONDENSING UNIT CONDENSING UNIT CONDENSING UNIT CONDENSING UNITCONDENSING UNIT CONDENSING UNIT CONDENSING UNIT PVC ROOFING, WHITE, OVER R-30 RIGID INSULATION ENTRY AWNING ENTRY AWNINGENTRY AWNING 115' - 5 1/2" 119' - 0" STANDING SEAM METAL ROOF, MIDNIGHT BRONZE Prototype Version: 185 S. State Street Salt Lake City, Utah 84111 Building Square Footage: Construction Type/Occupancy Classification: PROPOSED MAVERIK C-STORE 40_R_RR_2002 A-2 ROOF PLAN & SECTIONS 4,425 SF V-B/M SCALE:3/16" = 1'-0"1 ROOF PLAN SCALE:1/8" = 1'-0"2 BUILDING SECTION SCALE:1/8" = 1'-0"3 BUILDING SECTION Attachment A Prototype Version: 185 S. State Street Salt Lake City, Utah 84111 Building Square Footage: Construction Type/Occupancy Classification: PROPOSED MAVERIK C-STORE 40_R_RR_2002 A-3 PERSPECTIVE VIEW 4,425 SF SF V-B/M Attachment A FINISH FLOOR 100' -0" FINISH FLOOR 100' -0" T.O. PARAPET 2 120' -0" T.O. PARAPET 2 120' -0" T.O. ROOF 129' -1" T.O. ROOF 129' -1" WAINSCOT 104' -0" WAINSCOT 104' -0" TYP. 04.06 TYP. 04.05 TYP. 05.69 TYP. 06.04 TYP. 06.06 TYP. 06.05 TYP. 05.10 TYP. 08.02 TYP. 08.02 T.O. WINDOW 111' -0" T.O. WINDOW 111' -0" TYP. 10.01 T.O. PARAPET 119' -0"T.O. PARAPET 119' -0" TYP. 08.05 TYP. 05.01 TYP. 05.03 TYP. 05.03 TYP. 06.05 TYP. 06.04 TYP. 05.21 TYP. 06.30 TYP. 05.21 FINISH FLOOR 100' -0" FINISH FLOOR 100' -0" T.O. PARAPET 2 120' -0" T.O. PARAPET 2 120' -0" BEAM BEARING 120' -3" T.O. ROOF 129' -1" T.O. ROOF 129' -1" WAINSCOT 104' -0" WAINSCOT 104' -0" TYP. 05.01 TYP. 05.03 TYP. 05.69 TYP. 04.06 TYP. 04.05 TYP. 06.04 TYP. 06.05 T.O. PARAPET 119' -0" T.O. PARAPET 119' -0" TYP. 05.05 TYP. 05.03 TYP. 06.06 TYP. 06.04 TYP. 05.21 TYP. 06.05 TYP. 06.06 TYP. 05.21 Prototype Version: 185 S. State Street Salt Lake City, Utah 84111 Building Square Footage: Construction Type/Occupancy Classification: PROPOSED MAVERIK C-STORE 40_R_RR_2002 A-4 EXTERIOR ELEVATIONS 4,425 SF V-B/M SCALE:1/4" = 1'-0"1 FRONT ELEVATION KEYED NOTES 04.05 STONE VENEER, SKYLINE, COUNTRY LEDGESTONE 04.06 STONE VENEER CAP, SKYLINE, COUNTRY LEDGESTONE 05.01 PRE-FINISHED GUTTER, BRITE RED 05.03 PAINTED STEEL, BLACK FOX 05.05 MBCI PRE-FINISHED ROOF, COLOR C-1, 1-3/4" STANDING SEAM 05.10 PRE-FINISHED METAL EAVE FLASHING BY ROOF MANUFACTURER, MIDNIGHT BRONZE 05.21 PRE-FINISHED METAL COPING, COLOR C-1 05.69 STEEL AWNING, COLOR P-9 06.04 EIFS, COLOR TO MATCH SHERWIN WILLIAM SW7019, GAUNTLET GRAY 06.05 EIFS, COLOR TO MATCH SHERWIN WILLIAM SW7043, WORLDLY GRAY 06.06 EIFS TRIM, COLOR TO MATCH SHERWIN WILLIAM SW7043, WORLDLY GRAY 06.30 EIFS REVEAL 08.02 ALUMINUM STOREFRONT SYSTEM, DARK BRONZE 08.05 WINDOW, SEE SCHEDULE 10.01 ROOF ACCESS LADDER W/ SECURITY GATE, SEE DETAIL 1/A5.11. POWDER COATED COLOR TO MATCH SIDING BB-1 SCALE:1/4" = 1'-0"2 LEFT ELEVATION Attachment A FINISH FLOOR 100' -0" FINISH FLOOR 100' -0" T.O. PARAPET 2 120' -0" T.O. PARAPET 2 120' -0" T.O. ROOF 129' -1" T.O. ROOF 129' -1" WAINSCOT 104' -0" WAINSCOT 104' -0" TYP. 06.05 TYP. 06.04 TYP. 04.06 TYP. 04.05 TYP. 05.69 T.O. PARAPET 119' -0" T.O. PARAPET 119' -0" TYP. 10.01 TYP. 06.30 TYP. 06.06 TYP. 05.21 TYP. 06.04 TYP. 32.01 FINISH FLOOR 100' -0" T.O. PARAPET 2 120' -0" T.O. PARAPET 2 120' -0" BEAM BEARING 120' -3" T.O. ROOF 129' -1" WAINSCOT 104' -0" WAINSCOT 104' -0" TYP. 05.01 TYP. 05.69 TYP. 05.03 TYP. 06.06 TYP. 06.05 TYP. 06.04 TYP. 04.06 TYP. 04.05 TYP. 04.06 FINISHED FLOOR 100' -0" FINISHED FLOOR 100' -0" TYP. 10.01 TYP. 05.69 TYP. 06.06 TYP. 05.21 T.O. PARAPET 119' -0" T.O. PARAPET 119' -0" TYP. 05.05 TYP. 06.30 TYP. 05.03 TYP. 04.05 TYP. 32.01 TYP. 06.05 Prototype Version: 185 S. State Street Salt Lake City, Utah 84111 Building Square Footage: Construction Type/Occupancy Classification: PROPOSED MAVERIK C-STORE 40_R_RR_2002 A-5 EXTERIOR ELEVATIONS 4,425 SF V-B/M SCALE:1/4" = 1'-0"1 REAR ELEVATION KEYED NOTES 04.05 STONE VENEER, SKYLINE, COUNTRY LEDGESTONE 04.06 STONE VENEER CAP, SKYLINE, COUNTRY LEDGESTONE 05.01 PRE-FINISHED GUTTER, BRITE RED 05.03 PAINTED STEEL, BLACK FOX 05.05 MBCI PRE-FINISHED ROOF, COLOR C-1, 1-3/4" STANDING SEAM 05.21 PRE-FINISHED METAL COPING, COLOR C-1 05.69 STEEL AWNING, COLOR P-9 06.04 EIFS, COLOR TO MATCH SHERWIN WILLIAM SW7019, GAUNTLET GRAY 06.05 EIFS, COLOR TO MATCH SHERWIN WILLIAM SW7043, WORLDLY GRAY 06.06 EIFS TRIM, COLOR TO MATCH SHERWIN WILLIAM SW7043, WORLDLY GRAY 06.30 EIFS REVEAL 10.01 ROOF ACCESS LADDER W/ SECURITY GATE, SEE DETAIL 1/A5.11. POWDER COATED COLOR TO MATCH SIDING BB-1 32.01 CHAIN LINK FENCE WITH PRIVACY SLATS. COLOR TO MATCH BUILDING FIELD COLOR SCALE:1/4" = 1'-0"2 RIGHT ELEVATION Attachment A 2' - 6"OPEN TO BELOW(PUMP ACCESS)2' - 6 " 14' - 0"12' - 0" TYP. 26.10 TYP. 10.50 TYP. 26.07 TYP. 05.68 TYP. 09.17TYP. 11.06 TYP. 32.08 TYP. 32.03 TYP. 03.10 TYP. 32.06 TYP. 32.05 TYP. 10.49 12' - 0"14' - 0" TYP. 10.50 TYP. 26.10 TYP. 26.07 TYP. 05.68 TYP. 09.17 TYP. 11.06 TYP. 32.08 TYP. 32.03 TYP. 03.10 TYP. 32.05 TYP. 32.06 TYP. 10.492' - 9"6"3' - 3"11' - 0"28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"11' - 0" TYP. SLOPE SEE CIVIL TYP. SLOPE SEE CIVIL 11' - 0"28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"11' - 0" Prototype Version: 185 S. State Street Salt Lake City, Utah 84111 Building Square Footage: Construction Type/Occupancy Classification: PROPOSED MAVERIK C-STORE 40_R_RR_2002 A-6 CANOPY ELEVATIONS 4,425 SF V-B/M 03.10 6" MIN. RAISED CONCRETE ISLAND W/ TOOLED EDGES AND CORNERS. VERIFY SIZE W/ DISPENSER SUPPLIER +/-5'-0" X 3'-0" (NO METAL FORM). ACCESSIBLE ISLAND TO BE 6"; SEE CIVIL DRAWINGS FOR LOCATION 05.68 ALUMINUM COMPOSITE METAL PANEL, WHITE 09.17 STEEL COLUMN, COLOR TO MATCH P-9 10.49 4A:40 BC FIRE EXTINGUISHER W/ CASE, LOCATE WITHIN 75' OF ALL PUMPS, DISPENSERS, OR STORAGE TANK. LOCATION TO BE FINALIZED BY FIRE MARSHAL 10.50 SIGNAGE TO BE COORDINATED BY FUEL CANOPY CONTRACTOR WITH OWNER 11.06 DISPENSING STATION (BY OTHERS) 26.07 ALL LIGHT FIXTURES (NOT SHOWN) TO BE FLUSH MOUNTED WITHIN THE DECK PANEL SOFFIT (SOFFIT COLOR P-7). SEE ELECTRICAL AND FUEL DISPENSING DRAWINGS 26.10 SOLAR PANELS, MOUNTED TO FUEL CANOPY STRUCTURE 32.03 4" DIAMETER "U" BOLLARD, SET AND FILLED W/ CONCRETE, SEE CIVIL DRAWINGS PAINTED P-4 32.05 SIGNAGE, BY OWNER, TO COMPLY WITH IFC 2305.6 AND POSTED ON EACH SIDE OF COLUMN 32.06 S.S.I. (WINDOW WASH/PAPER TOWEL) PROVIDED BY OWNER INSTALLED BY CONTRACTOR, MOUNTED TO COLUMN PER ADA REQUIREMENTS (4'-0" MAX A.F.F. TO PAPER TOWEL FOLD) 32.08 TRASH CONTAINER, PROVIDED BY OWNER SCALE:1/2" = 1'-0"2 CANOPY COLUMN PLAN SCALE:1/4" = 1'-0"4 FUEL DISPENSING CANOPY END - ELEVATION SCALE:1/4" = 1'-0"5 FUEL DISPENSING END - ELEVATION SCALE:1/4" = 1'-0"1 FUEL DISPENSING CANOPY STREET - ELEVATION SCALE:1/4" = 1'-0"3 FUEL DISPENSING CANOPY - BUILDING SIDE ELEVATION KEYED NOTES Attachment A Stone -Skyline, Country Ledgestone C-2 MBCI Brite RedC-1 MBCI Midnight Bronze Anodized -Dark Bronze Paint -Black Fox EIFS Color: SW7019, Gauntlet Gray EIFS Color: SW7043, Worldly Gray Prototype Version: 185 S. State Street Salt Lake City, Utah 84111 Building Square Footage: Construction Type/Occupancy Classification: PROPOSED MAVERIK C-STORE 40_R_RR_2002 A-7 EXTERIOR MATERIALS BOARD 4,425 SF V-B/M Attachment A SSSWVWVWVWVWVEIRRIRRIRRIRRWVIRREIRRWVAN40_L_RR_20014,425 SFMARTIN/MARTIN C O N S U L T I N G E N G I N E E R S 77 METCALF RD., #301, AVON, COLORADO 81620 970.926.6007 MARTINMARTIN.COM MAVERIK GAS STATION POST BLVD. & I-70 AVON, COLORADO PRELIMINARY PLANS NOT FOR CONSTRUCTION811C100SITE PLAN Attachment A SSSWVWVWVWVWVEIRRIRRIRRIRRWVIRREIRRWVANFFE=7677.8540_L_RR_20014,425 SFMARTIN/MARTIN C O N S U L T I N G E N G I N E E R S 77 METCALF RD., #301, AVON, COLORADO 81620 970.926.6007 MARTINMARTIN.COM MAVERIK GAS STATION POST BLVD. & I-70 AVON, COLORADO PRELIMINARY PLANS NOT FOR CONSTRUCTION811C200GRADING & DRAINAGE PLAN Attachment A SSSWVWVWVWVWVEIRRIRRIRRIRRWVIRREDIRRDWVAN40_L_RR_20014,425 SFMARTIN/MARTIN C O N S U L T I N G E N G I N E E R S 77 METCALF RD., #301, AVON, COLORADO 81620 970.926.6007 MARTINMARTIN.COM MAVERIK GAS STATION POST BLVD. & I-70 AVON, COLORADO PRELIMINARY PLANS NOT FOR CONSTRUCTION811C300UTILITY PLAN #Attachment A TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner RE: PUD20002 – CONTINUED PUBLIC HEARING – Lot line and setback amendments on Tract A and Lot 1, Block 1, Filing 2 Eaglebend Subdivision – 4311 Eaglebend Drive DATE: December 10, 2020 STAFF REPORT OVERVIEW: This Staff report contains one Minor Planned Unit Development (PUD) Amendment application for consideration by the Planning and Zoning Commission (PZC) that was continued on the November 17, 2020 meeting, pending clarifications. SUMMARY OF REQUEST: Jena Skinner (“the Applicant”), is requesting a PUD Amendment (“the Application”) on Lot 1, and Tract A Eaglebend PUD and Subdivision (“the Properties”). The properties are governed by the Eaglebend PUD. Since the first PZC hearing, the Application has modified the proposed amendments thereto: • Modification of the rear building setback to align with a proposed building addition, set to a minimum of 3.12 feet (the proposed plat [attachment B] and illustrative graphic [attachment A, last page] are different and this report responds to the illustrative graphic as it includes the entire proposed addition) • Relocation of the lot line between Tract A and Lot 1 • Addition of a “non-buildable area” on a majority of the west side of the new Lot 1 • The Building Area Ratio (BAR), discussed at the last PZC meeting was clarified and no modification is proposed • Inclusion of a majority of Tract A into Lot 1 will increase the allowed building area 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. Staff has included the Staff report and materials (attachment C) from the last public hearing that discusses the history and process of the application. STAFF ANALYSIS: PZC should base the decision for modifying the lot line, rear setback, and no-build area 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. The site characteristics for this property are unique in that Tract A has been coupled with Lot 1 for its entire history. By including the majority of Tract A into Lot 1, the Applicant brings the existing house into compliance with the BAR and allows for additions to the house. Nearby conditions have also changed, potentially meriting the modification of the rear setback. Staff supports the lot line move but asks PZC to consider more limitation on future development than the application proposes. Given the neighborhood characteristics, Staff supports the no-build line along the current Tract A boundary, and not as proposed. This helps constrain the buildable area to the original Lot 1 and maintains Filing 1(the north side of Eaglebend drive) as relatively boxy houses, instead of potentially sprawling designs. The rear property setback line is currently 10 feet. The Applicant proposes a setback as shown, with a minimum of 3.12 feet. Modification of the rear setback line may be justified due to the unique nature of built form (rear garage), smaller lot size than the rest of the subdivision, and rear neighbor’s condition (unused railroad roughly 50 feet from the rear lot line). The minimum setback in the area supported by Staff is 3.9 feet. 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 is abile 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 no other house in the area has a rear garage and it appears that no other house has 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 revised no-build area along the former property line is suggested as a condition of approval. 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, due to the unique site considerations. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: Staff is unconcerned with the degree of the reduced setback line, however finds that the increased building area proposed on the former Tract A is 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 inclusion of a portion of former Tract A in the building envelope. (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 to increase the non-buildable area. RECOMMENDED MOTION: “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 condition: 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 ADC §7.16.060(e)(4), Review Criteria. Specifically, for Criteria i, a. the property is unique, with combined ownership of Tract A and Lot 1 b. the rear garage location is unique for the PUD c. the ROWs behind the property are unique d. strict application of setbacks would limit the housing environment 4. The application complies with the goals and policies of the Avon Comprehensive Plan, including Policy A.1.4, A.1.5, B.1.3, E.1.2 and Goal B.2 and C.1; 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 Minor PUD Amendment is not likely to result in significant adverse impacts upon the natural environment. CONDITION: 1. A non-buildable area along the former Tract A - Lot 1 property line is required to preserve unity between potential redevelopment on this property and the surrounding neighborhood. 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: Revised Application Materials B: Revised Plat C: Staff Report dated November 12, 2020 (including original application materials) Thank you, David McWilliams, Town Planner 970-749-4023 cmcwilliams@avon.org Minturn, CO 81645-0116 970.331.9791 jsdesigns@outlook.com www.jsdvail.com 12/8/20 David McWilliams, AICP Town Planner 970.748.4023 cmcwilliams@avon.org RE: Veraldi PUD Amendment Application PUD20002 Dear Mr. McWilliams, This letter is intended to formalize the proposed changes to the application, which reflect concerns from staff and the planning commission. We feel we have embraced the recommendations and offer the following response: 1. Precedent. The PZC repeated the concern of setting a precedent with this application throughout the hearing on the 17th. While the fear of setting a precedent is a valid concern, the code requirements (and findings) ensure that individual applications are evaluated based on each project's specific merits and unique circumstances. As such, the likelihood of a second or third application having the exact circumstances is slight. This is because every development is different in some fashion, complete with different nuances, intentions, goals, and logistics, with every site having distinct qualities. More importantly, planning instruments change, as do planning trends, community needs, styles, markets, cultures, building codes, and as such, nothing is static. What was once a brilliant design in 1980 may not be held in the same regard in 2020, and rightly so. As such, we agree with Commissioner Hardy that this application should be based on its unique set of specifics in order to dissolve this concern. The following are key characteristics to be considered: • The landowner has two, contiguous properties where no one else does. This supports the lot owner greatly, as otherwise, his extremely narrow/shallow lot does not leave much room to enjoy their home (there is no backyard currently so having Tract A as a side yard is a blessing when you have children). In adjusting the lot lines between their properties, there is an opportunity to eliminate two, non-conforming situations without the need for a Variance. First, in changing the acreage values of each lot by shifting the lot lines in favor of Lot 1, it will alleviate the non-conforming situation where Lot 1 currently exceeds the BAR limitation of 25% (it is approximately 29%). Second, this modification relieves the encroachment of existing improvements found beyond the lot line of Lot 1, and onto Tract A. Attachment A Minturn, CO 81645-0116 970.331.9791 jsdesigns@outlook.com www.jsdvail.com • Through this process we will be able to allocate an official use to Tract A. We feel it was intended to be open space or similar, but something happened where Tract A had no uses associated with it when it was platted. This process cleans up this oversight and ambiguity (although it will technically remain private unless conveyed to the Town). This is important, as the community has been trespassing across the Veraldi property on the western corner of Tract A for years using it as a means to access the neighboring railroad property. Tract A will now officially be deemed “open space” through the platting process and if a formalized trail system is created, this area would be a natural location for a trailhead or similar use. • The house itself: We are all too familiar with the cost of housing in 2020 and just how tremendously expensive it is getting. This house, built in 1989, has a 1.5 car garage with no room to expand internally, given the placement of the weight bearing walls during its initial construction. The relief or modification of the rear setback allows the ONLY area of the existing home that can accommodate a small expansion and reinvestment by the homeowner. Note: Staff has relayed the comments from the Commission, and the applicant has decreased the amount of area needed to accommodate a second garage bay in response to their recommendations. • Additionally, it is the only house that shares a driveway with its neighbor where the garage is at the end of the drive running along the lot's side. This circumstance severely limits parking for the two units and restricts an entire 1/3rd of the already small lot as it must remain open for vehicles to access both Lots 1 and 2. If the driveway was single access for Lot 1, multiple cars could park adjacent to the home on the driveway. Because the door for the home is where it is, it is especially tricky to load small children into vehicles safely in the drive, as the access for Lot 2 is right across from this area as well. Were the house flipped, so the Veraldi garage was facing the road or offset from the access to Lot 2, again, there would be way more room to enjoy the exterior and expand the home with no amendment necessary. Attachment A Minturn, CO 81645-0116 970.331.9791 jsdesigns@outlook.com www.jsdvail.com • This lot backs up to the railroad, where we are certain that no significant development will occur. Thus, decreasing the rear setback at two points by 7’ affects no one. Further, the ONLY impacted neighbor is Lot 2, and they are in support of this amendment. • House size: This property has more of a relationship with Eaglebend Filing 2 than it does Filing 1 when considering compatibility. Directly across the street, the Veraldis have more actual/physical neighbors in Filing 1 than they do in Filling 2. The Filing 1 lots are more significant than what is permitted in Filing 2, and homes are larger because they have a BAR of 50%. However, since Staff expressed concern with maintaining compatibility with homes in Filing 2, the Veraldis are offering a no-build restriction be placed on the majority of the reconfigured Lot 1. This restriction ensures that the house sizes found in Filing 2 remain consistent. This restriction also limits the house size in perpetuity as it will be a platted restriction. • There are other areas/lots in the Eaglebend PUD that have variable setbacks. The PUD has always had this distinction, and so this application amendment is consistent with how the PUD was originally written. If we were the only property with this type of setback (“except as shown”), it would be inconsistent with the zoning. In the example above, you can see that Filing 1 also has a variable form of setback, right across the street for the subject site. Attachment A Minturn, CO 81645-0116 970.331.9791 jsdesigns@outlook.com www.jsdvail.com 2. Zero Setback. Although the project did not previously propose the addition of the house run right up to the property line, it was not received as intended. As such, the applicant took the comments from the PC (via staff), and has further minimized the addition to the greatest extent practicable. The amended setback line shall still read “10’ (except as shown) on the plat; however, the actual setback will have a minimum of 3-feet. More precisely, the setback shall follow the building outline. There is no zero setback as is currently proposed. We have also verified that the Railroad ROW is 50’ from the Veraldi rear property line to the edge of the railroad tracks. It is highly doubtful that any permanent construction will be permitted in this area, unless the railroad either abandons the ROW or decides to construct buildings that are affiliated with the railroad itself. The applicant is willing to accept that risk as it is so exceedingly low. 3. Proposed Plat Changes. As mentioned previously, the largest changes will be the addition of the no-build area restriction on Lot 1 and the distinct setback line, as shown in the example above. The following plat notes will also be added: Window wells, heat or A/C units, counterforts below grade, fences, staircases (enclosed or otherwise), eaves, landscaping and drainage features may extend 24” into setbacks. The No-build Restriction prohibits the construction of any permanent and/or habitable structures in this area. Landscaping improvements and limited recreational features are permitted (e.g. swings or similar). Amended Zoning Table: Description Max Building Height Maximum Building Area Ratio Front Setback Rear Setback Side Setback Uses AREA IV Lot 1, Block 1, Filing 2 35' 25% 25' 10' (Except as shown) 7.5' SF, Du, Multi-Fam, Condos, T'homes, Apts, Accessory. Bldgs and uses. Attachment A Minturn, CO 81645-0116 970.331.9791 jsdesigns@outlook.com www.jsdvail.com Additionally, the following changes have been made per Staff’s review: • “The letter T is left out of the word Town in the certificate of dedication”, has been corrected. • “The maximum building area ratio is different for the lots, I don’t know if that is a typo or intentional…” This has been corrected to 25%. • “There is no reference to a HOA or covenants. Can you have them confirm that there are none? If there are none then the reference in the certificate of dedication should not reference them…” This has been confirmed and the plat updated accordingly. • “In the second line of the certificate of dedication, the word sole should be removed and it should say being owners in fee simple.” This has been corrected. • “Please have them show the typical easement lines shown on the previous plat.” Easements have been added. • “The certificate of dedication states Tract A will be conveyed to the Town. I think all you need to do is include that in the resolution but Paul can confirm that.” This information has been removed from the plat. Thank you for your time and consideration of the modifications we are making to our project application. Should you have any further questions, please do not hesitate to contact either myself or Angelo Veraldi. With kindest regards, Jena Skinner, AICP Attachment A Angelo & Veronica Veraldi | 4311 Eaglebend Dr. | PO Box 8562 | Avon, CO 8162010' SCALE: 1" = 10' 0 20'3’ 10.8”between proposedcorner & property line 6’ 7.2”between proposedcorner & property line exisitinggaragekitchen/dining livingroom stairs 10’10’50’12’16.1’20.5’ 3’ 1.2”between proposedcorner & property line 3’ 9.6”between proposedcorner & property line kitchenremodel garageadditionworkshopadditionworkshopaddition9’12’ Attachment A P.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 B 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. Attachment C 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 Attachment C 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. Attachment C 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. Attachment C 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. Attachment C • 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. Attachment C (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: Attachment C 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 Attachment C PUD Amendment Application Eaglebend Filing 2, Lot 1 and Tract A Town of Avon, CO Attachment A, 1Attachment C 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, 2Attachment C 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, 3Attachment C 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, 4Attachment C 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, 5Attachment C 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, 6Attachment C 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, 7Attachment C 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, 8Attachment C 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, 9Attachment C 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, 10Attachment C 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, 11Attachment C 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, 12Attachment C 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, 13Attachment C 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, 14Attachment C 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, 15Attachment C Attachment A, 16Attachment C Attachment A, 17Attachment C Attachment A, 18Attachment C Attachment A, 19Attachment C 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, 20Attachment C 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, 21Attachment C 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, 22Attachment C 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, 23Attachment C TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner RE: SRU200001 & MNR20046 Special Review Use & Minor Development Plan Public Hearing Lot 14/15 Benchmark at Beaver Creek Subdivision / 371 Metcalf Road DATE: December 11, 2020 STAFF REPORT OVERVIEW: This Staff report contains two (2) combined applications for Planning and Zoning Commission (PZC) review: Special Review Use (SRU) application to allow the use of two (2) Accessory Dwelling Units (ADU) at 371 Metcalf Road (the Property); and a Minor Development Plan (MNR) to modify the exterior of the property. SUMMARY OF REQUEST: Mark Donaldson (the Applicant) proposes two (2) ADUs on Lot 14/15 unit 2SA1 (the property) with 670 and 683 square feet, respectively for Paul Bennicoff Inc. Both units are two bedrooms. The current commercial space is one level with vaulted ceilings and the second floor will be built for the units. The commercial space will remain at 1,403 square feet. PUBLIC NOTICE: Notice of the public hearing was published in the December 4, 2020 edition of the Vail Daily in accordance with Sec. 7.16.020(d) of the Avon Development Code (ADC). Mailed notice was sent on December 3. PROPERTY DESCRIPTION: Lot 14/15 is 2.79 acres located on Metcalf Road in the Light Industrial and Commercial Employment District (IC) zone district. According to ADC Table 7.20-13, up to 4 ADUs are allowed per lot. There are currently two (2) housing units best described as ADUs on Lot 14/15, which are 2,015 and 860 square feet and these additional ADUs will exhaust the allowed allocation. PROCESS: ADUs are permitted, subject to SRU, with the review criteria below. The exterior modifications are subject to a MNR, also with the review criteria below. PZC will make a decision based on a review of the criteria, staff comments, and considering comments at the public hearing. PLANNING ANALYSIS: ADC Sec. 7.24.070(e) sets standards for ADUs in residential areas but is not applicable due to this application’s location in the IC zone district. There are no additional standards for this use in the IC zone district. EXISTING USES: Business Name Type Unit Berit Brooks Retail Sales 2NA* Shaw Electric Inc Specialty Trade Contractors - Other 2ND Jeff Schiros Painting Inc Specialty Trade Contractors - Other 2NB* Peak Building Services, LLC Specialty Trade Contractors - Other 1SA Ready, Set, Pedal Other Direct Selling Establishments 2NE Performance Horse Blankets Other Durable Goods Merchant Wholesalers 2NE AAA Mini Storage Lessors of Miniwarehouses and Self-Storage Units Burgess Fine Woodworking Miscellaneous Manufacturing - Other Sb1 Maverick Flooring Inc Floor Covering Stores Paul Bennicoff Inc General Automotive Repair 2SA1 * Connotes current ADU (approved as live/work) DWELLING UNITS IN THE IC DISTRICT: Of the 23 properties zoned IC, 5 have dwelling units associated with them: Address Lot Building Size (sf) Number DUs 431 Metcalf 12 7,734 4 371 Metcalf 14/15 55,200 2 850 Nottingham 25 41,640 1 910/930 Nottingham 26-28 65,817 1 730 Nottingham 31 14,000 4 DESIGN STANDARDS ANALYSIS: Building Design, Building Materials and Colors: This ADU retrofit proposes adding several windows, changing the garage bay, and adding a door on the exterior stairway. These changes will not greatly affect the overall aesthetic of the boxy commercial building and are deemed compliant with code. Exterior Lighting: Lighting locations are noted on the application, but no lighting cut sheet was offered. Staff suggests a condition of approval of the MNR to require code compliant lighting fixtures on the entire exterior represented in the architectural drawings. Parking and Traffic: Both ADUs require 2 spaces each. The commercial space remaining requires 2 spaces. The property’s covenants allocate 5 spaces for unit 2SA1. Parking spaces present when the project was completed total 57, however, over the years the property has added 11 informal spaces (Attachment A, page 8). The complex does not have assigned spaces, and the HOA has granted approval of the application. The Applicant offers that the garage can accommodate 2 cars during non-business hours. Staff does not want to weigh in on the code compliance of the 11 additional spaces, but the 2 additional spaces in the garage satisfy the space requirements. The HOA will need to monitor the situation, but there are no overt issues to disrupt the application. SPECIAL REVIEW USE CRITERIA: AMC Sec. 7.16.100, "provides a discretionary approval process for special review uses that have unique or widely varying operating characteristics or unusual site development features. The procedure encourages public review and evaluation of a use' s operating characteristics and site development features and is intended to ensure that proposed use will not have a significant adverse impact on surrounding uses or on the community at large." The PZC shall use the following review criteria as the basis for a decision on an application for a special review use: 1) The proposed use is consistent with the Comprehensive Plan and all applicable provisions of this Development Code and applicable state and federal regulations; Staff Response: General Comprehensive Plan references to housing are found below: Goal B.1: Provide a balance of land uses that offer a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities that work in concert to strengthen Avon's identity as both a year-round residential community and as a commercial, tourism and economic center. Policy B.2.2: Promote a wide range of residential uses throughout the Town. This property is located within District 6: Gulch Area District within the Comprehensive Plan. The District description states, "Live/ work development opportunities in the Light Industrial and Commercial zone district that do not possess significant conflicts with surrounding land uses should be encouraged." The planning principles state, "Accommodate residential development that supports primary industrial or employment land uses." Staff reviewed the proposed AUDs and found no conflict with the intensity of use or scale of the proposal. PZC has conditioned similar applications with the requirement that the occupants work for the business or on the property of the dwelling unit. In this case, no such offer was made, and Staff’s preference would be to condition this application consistently with the previous units on the property. 2) The proposed use is consistent with the purpose and intent of the zoning district in which it is located and any applicable use-specific standards in the Development Code; Staff Response: ADUs units are permitted with SRUs in the IC zone district. Uses permitted in the IC zone district are intended to serve community and regional needs and limited housing uses are consistent with the purpose and intent of the IC zone district. 3) The proposed use is compatible with adjacent uses in terms of scale, site design and operating characteristics; Staff Response: ADUs are compatible with, and will not negatively impact, adjacent uses which commercial in nature. Uses include sales, storage, and trades. 4) Any significant adverse impacts (including but not limited to hours of operation, traffic generation, lighting, noise, odor, dust and other external impacts) anticipated to result from the use will be mitigated or offset to the maximum extent practicable; Staff Response: These ADUs correspond well to the existing uses on the property. They will have a negligible impact on traffic generation, lighting, noise, odor, dust, and other external impacts. 5) Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development; and Staff Response: The ADUs will be included in all applicable utilities and services, including police and fire protection. It should have a negligible impact on these utilities and services. Staff referred this project to the Eagle River Fire Protection District and has not received comments; any comments will be included before a building permit will be issued. 6) Adequate assurances of continuing maintenance have been provided. Staff Response: Continued maintenance is essential for the property to provide both an appealing residential component and the continued successful commercial businesses. The same level of maintenance and oversight of the property are anticipated into the future. MINOR DEVELOPMENT PLAN & DESIGN REVIEW - REVIEW CRITERIA: § 7.16.080(f), Development Plan MINOR DEVELOPMENT PLAN & DESIGN REVIEW - REVIEW CRITERIA: § 7.16.080(f), Development Plan 1) Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; 2) Evidence of substantial compliance with §7.16.090, Design Review; 3) Consistency with the Avon Comprehensive Plan; 4) Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; 5) Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; and 6) That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services. Staff Response: The application’s changes include adding a door, modifying a garage bay, and additional windows. The scale of the development is small and does not impact the form or appearance of the building. It is compliant with the review criteria. Staff added a condition regarding lighting to achieve compliance. §7.16.090(f), Design Review: 1) The design relates the development to the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole; 2) The design meets the development and design standards established in this Development Code; and 3) The design reflects the long- range goals and design criteria from the Avon Comprehensive Plan and other applicable, adopted plan documents. Staff Response: The design has been evaluated for conformance with Design Review Criteria section and found in compliance. Applicable adopted plans include the Avon Comprehensive Plan and ADC. RECOMMENDED MOTION – SRU20001: “I move to approve Case #SRU20001, a Special Review Use application for Lot14/15, Block 1, Benchmark at Beaver Creek Subdivision together with the findings as recommended by Staff.” Findings: 1. The application qualifies as a Special Review Use pursuant to §7.16.1000 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; 5. There is no extra demand for public services or infrastructure exceeding current capacity by the Application; 6. The proposed use has a negligible impact to adjacent or on-site uses; and 7. The proposed use is compatible with adjacent uses in terms of scale, size and scope. RECOMMENDED MOTION – MNR20046: “I move to approve Case #MNR200046, an application for Minor Design and Development Plan for Lot 14/15, Block 1 Benchmark at Beaver Creek Subdivision together with the findings of fact and condition outlined by Staff.” Findings: 1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review. The design meets the development and design standards established in the Avon Development Code; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. The demand for public services or infrastructure exceeding current capacity is mitigated by the application; and 6. The design relates the development to the character of the surrounding community. Condition: 1. Code compliant lighting fixtures shall be approved by Staff for the entire exterior represented in the architectural drawings before a building permit is issued. ATTACHMENTS: A. Application Materials Thank you, David McWilliams 970-749-4023 / cmcwilliams@avon.org 90 BENCHMARK ROAD SUITE 207 PO BOX 5300 AVON, CO 81620 970/949-5200 FAX 949-5205 DEC 2, 2020 Project Description for Bennicoff Live/Work Units 371 Metcalf Road – Unit #2SA-1 Vail Avon Commercial Park Paul Bennicoff, Inc. needed additional work space for this longstanding business in Avon for vehicle detailing and storage at the lower level of the Subject Unit. He therefore purchased the Unit within his existing building in AUG 2020 to complement this fast-paced business and to provide the two proposed Live/Work Units. Paul will manage both of his business Units within this complex which in turn allows local rentals to utilize the upper level of the Subject Unit for Live/Work Units in our area. The attached application is to build out the 2 Live/Work Units including expanding the 2nd Floor out to the western end of the Unit. Access to the 2 proposed Units is via the existing exterior stairway on the south end of the Unit and the Building. The 2 near identical, 2 bedroom/2 Bath Units will be the only Use at the 2nd Floor. Kindly let us know of any further information that may be needed to further our approval and thank you for your staff support in this process. Respectfully submitted, Mark Donaldson/VMDA Attachment A, 1 Attachment A, 2 Attachment A, 3 Attachment A, 4 Attachment A, 5 Attachment A, 6 Attachment A, 7 Attachment A, 8 Attachment A, 9