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PZC Packet 011921Notice Avon Notice of Regular Avon Planning and Zoning Commission Meeting January 19, 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_nxnKkOmcSg- ACY3z0d_8Cg 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, JANUARY 19, 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. APPROVAL OF AGENDA 4. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS 5. BUSINESS ITEMS 5.1. 4311 EAGLEBEND DRIVE – TRACT A AND LOT 1 FILING 2 EAGLEBEND SUBDIVISION – CONTINUED 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) 5.2. 950 WEST BEAVER CREEK BOULEVARD – TRACT N, BLOCK 3, BENCHMARK AT BEAVER CREEK SUBDIVISION -– LANDSCAPING CONDITION OF APPROVAL ON THE EAGLE RIVER WATER AND SANITATION PROPERTY (TOWN PLANNER DAVID MCWILLIAMS & MELISSA MARTS) 5.3. 998 WEST BEAVER CREEK BOULEVARD - LOT 3, BLOCK 3, BENCHMARK AT BEAVER CREEK SUBDIVISION - PUBLIC HEARING MINOR DEVELOPMENT PLAN PROPOSAL TO AMEND LANDSCAPING ON THE LIFTVIEW PROPERTY (TOWN PLANNER DAVID MCWILLIAMS & MELISSA MARTS) 5.4. 126 RIVERFRONT LANE- LOT 2 RIVERFRONT SUBDIVISION - PUBLIC HEARING – TEMPORARY USE PERMIT FOR A TENT STRUCTURE AT MAYA RESTAURANT (TOWN PLANNER DAVID MCWILLIAMS & KRIS FURNISS) 5.5. 126 RIVERFRONT LANE- LOT 2 RIVERFRONT SUBDIVISION - PUBLIC HEARING – MINOR PUD AMENDMENT – APPLICATION TO INCLUDE “MICRO-SCHOOL” AS SPECIAL REVIEW USE IN THE RIVERFRONT PUD (TOWN PLANNER DAVID MCWILLIAMS & GEOFF GRIMMER) 6. CONSENT AGENDA 6.1. DECEMBER 15, 2020 MEETING MINUTES 6.2. RECORD OF DECISION FOR FILE #SRU20001 – 371 METCALF ACCESSORY DWELLING UNIT 6.3. VILLAGE (AT AVON) REFERRAL FOR MAVERICK GAS STATION 7. STAFF UPDATES 7.1. PZC VACANCIES 7.2. BANG THE TABLE 7.3. EAST NOTTINGHAM PARK IMPROVEMENTS 8. ADJOURN PZC Record of Decision: #SRU20001 &#MNR20046 Page 1 of 2 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF DECISION: December 15, 2020 TYPE OF APPLICATION: Special Review Use and Minor Development Plan PROPERTY LOCATION: Lot 14/15 Block 1 Benchmark at Beaver Creek Subdivision FILE NUMBER: MNR20046 & SRU20001 APPLICANT: Mark Donaldson CASE #SRU20001: This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.100(c): DECISION: Approval of the application with the following findings and condition: 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. CONDITION: 1. The ADUs are restricted to employees in Eagle County CASE #MNR20046: This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.080(c): DECISION: Approval of the development plan with the following findings and condition: FINDINGS: 1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review. The design meets the development and design standards established in the Avon Development Code; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. The demand for public services or infrastructure exceeding current capacity is mitigated by the application; and 6. The design relates the development to the character of the surrounding community. 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. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: PZC Record of Decision: #SRU20001 &#MNR20046 Page 2 of 2 BY:______________________________________ DATE: ___________________ PZC Chairperson January 19, 2021 Traer Creek, LLC Attn: Marcus Lindholm, Village (at Avon) Design Review Board 101 Fawcett Road, Suite 210 Avon, CO 81620 RE: Maverik Service Station Plans Avon Planning and Zoning Commission Referral This purpose of this letter is to document a summary of the Avon Planning and Zoning Commission’s comments on the above-mentioned development proposal. Pursuant to Section 4(e) of the Second Amended and Restated Village (at Avon) PUD Guide, the Village (at Avon) Design Review Board shall refer to the Planning and Zoning Commission “for comment only and not for approval, ratification or disapproval, all development proposals submitted to the Design Review Board for portions of the Property located south of Interstate 70 and all portions of the Property located north of Interstate 70 other than Planning Areas K and RMF-1.” On December 15, 2020, the Avon Planning and Zoning Commission reviewed the Maverik Service Station development proposal with the design team. The following is an overview of suggest discussion points for the Design Review Board to consider. Site Planning • Request a lighting cut sheet and confirm there are full cutoff lights throughout the project, with no glare or light trespass • Light fixture temperature should be lower K rating, with lighting intensity only high enough to safely and adequately light the site • Request a sidewalk on Swift Gulch Road • Request a striped pedestrian crossing area, or material treatment, between the pedestrian path, store front, and far southeast side of the site • Request fewer parking spaces to diminish the “sea of asphalt” effect • 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 • Request a dumpster and recycling cut sheet and ensure it is complaint with the PUD and bear proof • Request additional bicycle parking near the primary pedestrian entrance Landscaping • Request an irrigation plan • Request that the landscape plans 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 Building Design 1. Request the design achieves 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. Request that the canopy design ties into the building design The above comments are not intended to be an exhaustive list of the discussion points on the development proposal. An audio recording of the meeting can be made available at request if so desired. Thank you for the opportunity to review this proposal. Respectfully, Chair Avon Planning and Zoning Commission Cc: Project File 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: January 12, 2020 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 from the November 19 and December 15, 2020 meetings, pending clarifications. SUMMARY OF MODIFICATIONS: Since the December 15 meeting, Jena Skinner (“the Applicant”), has modified the proposed amendments thereto: • Modification of the rear building setback to align with a proposed building addition, set to a minimum of 4.4 feet. • Removal of the workshop from the illustrative development. This modification removes one point of intrusion into the current setback but the no-build area on the western portion of the property is not modified to limit future construction on this side. • Plat note 8: The applicant did not modify language but suggests a modification to allow certain accessory structures and uses on the no-build area, if PZC is amenable. • Plat note 9 modification to read, “Counterforts below grade, second-story eaves, and drainage features may extend 18” into the rear setback. Overall, the modifications address many of the concerns posited by PZC and present a clear representation of the expected improvements. Regarding plat note 8 from the narrative, it appears the intent is to locate the workshop structure to the non-buildable area, detached from the house. This would be allowed per the PUD and per Avon Development Code. If PZC is comfortable with this, the recommended motion below should be used. Staff feels that the intended location of the workshop is appropriate but continues to desire the no-build area to mimic the original Lot 1 / Tract A boundary, which is also reflected in the motion. PZC discussed many finer points leading to this modified Application, and Staff suggests this public hearing should focus on whether the Application complies with the applicable Review Criteria, cited below. The modifications were not drastic enough to merit Staff’s re-review of the criteria, except for including the attachments from the two prior hearings. (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 §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. 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 Staff’s recommended findings and conditions.” Recommended 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. Recommended Conditions: 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; and 2. The non-build area shall be governed by the language suggested in the application narrative. 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 and December 10, 2020 (including application materials) Link Avon Comprehensive Plan 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 1/11/21 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 and zoning commission from the December 15th hearing. We feel we have embraced the recommendations and offer the following response: 1. We have modified the proposed improvements ensuring that the ground-level projections of the proposed expansion are no closer than four (4.4”) feet to the rear property line. 2. We recognize that pursuing the workshop is still PZC and Staff's greatest concern. As such, the attached/integrated workshop is being removed from the primary structure. 3. It seemed generally accepted that the second story eave may encroach into the rear setback of up to 18". All other non-essential encroachments have been removed. As such, the associated plat note has been amended to reflect sentiments from the PZC and now reads as follows: Counterforts below grade, second-story eaves, and drainage features may extend 18" into the rear setback. 4. We will be moving forward with the no-build restriction location being immediately adjacent to the existing improvements presently creeping into what is currently Tract A, as shown on the plat. If the PZC feels strongly that the boundary be located upon the original property line, the following plat note is recommended: Attachment A Minturn, CO 81645-0116 970.331.9791 jsdesigns@outlook.com www.jsdvail.com The No-build Restriction prohibits the construction of any permanent structures in this area. Exceptions to this restriction include landscaping improvements, decks, patios, and other similar improvements or accessory uses/structures associated with the primary dwelling unit. Also permitted are limited recreational features (e.g., swings or similar). 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 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'”Counterforts below grade, second-story eaves, and drainage features may extend 18" into the rear setback.Attachment B 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 Attachment C 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. Attachment C (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 Attachment C 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. Attachment C 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) Attachment C Thank you, David McWilliams, Town Planner 970-749-4023 cmcwilliams@avon.org Attachment C 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 C 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 C 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 C 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 C 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 C 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 C 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 C 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 C Attachment C Attachment C Attachment C Attachment 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 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 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 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 C TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner RE: Conditions of Approval – TEN19001 Tracts N, Benchmark at Beaver Creek Subdivision / 950 West Beaver Creek Boulevard DATE: January 11, 2021 STAFF REPORT OVERVIEW: This Staff report contains required landscaping materials to achieve the Conditions of Approval from case TEN19001 as described in the Town Council record of decision. The application for improvements to the Eagle River Water and Sanitation District (District) Waste Water Treatment Facility (WWTF) was approved without a landscaping plan. Now, Melissa Marts (the Applicant) presents a plan for PZC review. The specific language of the condition is below: A new landscape plan must be approved by PZC and installed prior to completion of the project. The former Hahnewald Barn area shall be planted with appropriate riverine trees to replace, at a 1:1 ratio or better, any trees removed and not replanted on the adjacent property (Lot 9 Block 3 Benchmark at Beaver Creek) and to properly screen the Eagle Valley Trail. A concurrent Minor Development Plan is also included for improvements to the adjacent property. Specific improvements to the sites include: • Replacing 45 removed trees with 49 trees. • Grading on the southern end of the property • Fence location determined (materials pending) • Entry area improvements PROCESS: These Condition of Approval items are not subject to a public hearing, but their satisfactory completion is required. While this is not a public hearing, Staff encourages PZC to consider any public comment on the matter. PROPERTY DESCRIPTION: Tract N is located between the Eagle River and the railroad corridor, with access to West Beaver Creek Boulevard from Millie’s Lane. The site is very visible from Nottingham Park and Highway 6 and gives this area an industrial feel. The site is 100% disturbed with a combination of below and above ground structures, surface parking, and storage areas. While improvements will increase the industrial feel, the approved design aids in continuity and harmonious form of the structures. The properties include a public easement for the Eagle Valley Regional Trial (Trail), which runs the length of the southern property lines. Much of the landscaping plan is focused on screening the WWTF from the Trail. PLANNING ANALYSIS: Staff complied several points for conversation: • Small retaining wall near rec path – what material? (attachment A, page 2) • Should the existing trees on the northwest near the entry be removed? • What is the treatment between the southwest drive corridor and fence? • Will any drive lighting be included? DESIGN STANDARDS ANALYSIS: The improvements on the District does not have minimum landscape area requirement, but physical improvements need to comply with code. Landscaping & Irrigation: The proposal includes maple, spruce, aspen, chokecherry, several deciduous shrub species, and grasses. The applicant proposed only temporary irrigation for the project, therefore hydrozones are not expressly demarcated. Avon Arborist & Master Gardener Joe Gilles suggests juniper trees in this area may be appropriate to add diversity. Several points about the planting plan notes were also raised, and Staff suggests a condition of approval to have Staff re-approve these. Retaining Walls: All retaining walls are proposed as boulder materials, except a wall near the Trail. All walls are between four (4') and two (2') feet tall. As noted above, one wall material is unknown. Snow Storage: No snow storage is proposed with this plan. DEVELOPMENT PLAN & DESIGN REVIEW - REVIEW CRITERIA § 7.16.0SO(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: While these criteria are not binding, the modifications achieve them. Approving this Condition of Approval creates a more appropriate design. §7.16.090(1), DESIGN REVIEW CRITERIA 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 modifications are compliant with these Design Review Criteria in that they provide a better relationship to surrounding development. AVAILABLE ACTIONS: • Accept the modifications as proposed • Require additional information or additional modifications MOTION TO RECOMMEND APPROVE THE CONDITIONS OF APPROVAL: “I move to approve the Conditions of Approval for case #TEN19001 for landscaping considerations on Tracts N, Block 3, Benchmark at Beaver Creek Subdivision, with the condition that Staff approve the planting plan notes and species before any work is completed.” ATTACHMENT (a) Landscape Plan Thank you, David McWilliams 970-749-4023 cmcwilliams@avon.org December 23, 2020 Planning and Zoning Commission Town of Avon 100 Mikaela Way Avon, CO 81620 Dear Planning and Zoning Commission, The Eagle River Water and Sanitation District (ERWSD) is submitting the Landscape Plan for the Avon Wastewater Treatment Facility Nutrient Upgrades Project to comply with the Condition 5 of the 1041 Approval. “A new landscape plan must be approved by PZC and installed prior to completion of the project. The former Hahnewald Barn area shall be planted with appropriate riverine trees to replace, at a 1:1 ratio or better, any trees removed and not replanted on the adjacent property (Lot 9 Block 3 Benchmark at Beaver Creek) and to properly screen the Eagle Valley Trail;“ ERWSD is proposing to replace 45 trees removed during construction with 49 trees (18 evergreen and 27 deciduous) as shown on the attached tree removal and landscape plans. Sincerely, Melissa Marts Project Manager Attachment A 6" MIN 8" MIN.TOTAL HEIGHT THEN1/2 WALL TO OR GRATER WIDTHEQUAL BASE OF WALL 3' DATEREV BY DESCRIPTION DATE CHECKED DRAWN DESIGNED 10897B.10 JOB NO. DRAWING NO. SHEET NO. SCALES ACCORDINGLY VERIFY SCALES THIS SHEET, ADJUST IF NOT ONE INCH ON BAR IS ONE INCH ON ORIGINAL DRAWING 0 1" DECEMBER 2019 EAGLE RIVER WATER AND SANITATION DISTRICT AVON WWTF NUTRIENT UPGRADES 1 2 3 4 5 6 7 8 9 10 11 12 13 A B C D E F 1 2 3 4 5 6 7 8 9 10 11 12 13 A B C D E F G G ® 39920 BECKYJ.LUNACOLORADOLICENSED PROFE S SIONALENGINEER R OBERT F. BUSS IP 15' 15' SS SS 15'Plot Date: 08-DEC-2020 7:53:33 AMUser: svcPW Model: Layout1 ColorTable: gshade.ctb DesignScript: Carollo_Std_Pen_v0905.pen PlotScale: 1:1PROJECT NO.LAST SAVED BY:FILE NAME: 20'0 10'40' BIKE PATH 10897B10 74 0 8 7404 mlhall7404 CLARIFIER WEST SECONDARY BASIN AERATION WEST RAS PS IMLR PS, AND FEED ROOM, FERRIC MCC-SP, CLARIFIERS EAST SECONDARY CELLS POLISHING 7406 7407 7405 74047407 7406 7405 740310897B1005C22A.dgn MLH 05C22ACIVIL PAVING AND GRADING PLAN BF7403 7 4 0 3 740 2 7 4 0 1 74 00 7399 73 9 8 7 3 977 39 6 7395 739474027397 7398 73997400 73967395 73947393 7408 SCALE: FILE: 1 10897B10C402 NOT TO SCALE NOTE: BOULDER RETAINING WALL SECTION (TYP)(TYP) 0.5 1 BASE COURSE AGGREGATE DRAINAGE 96% SPD COMPACTED BASE COURSE AGGREGATE DRAINAGE 96% SPD COMPACTED FINISH GRADE BOULDER BELOW BURY 2/3 OF BOTTOM 48" MAXWALL HEIGHT05C22A SCALE: FILE: 2 10897B10C401 0 1'2' 3/4" = 1'-0" PER TYP/C102 INSTALL CURB AND GUTTER FABRIC GEOTEXTILE WOVEN BACKFILL COURSE DRAINAGE AGGREGATE SUBGRADE AC PAVEMENT FINISH GRADE BOULDER BELOW BURY 2/3 OF BOTTOM COURSE BASE AGGREGATE BASE COURSE AGGREGATE DRAINAGE 96% SPD COMPACTED NOTE: BOULDER RETAINING WALL DETAIL 7 404 05C22A S LO P E P ER P LAN 7410740974083.8%2 05C22A TW ELEV 7408 RETAINING WALL 2' - 4' BOULDER 74087407 7406 7405 TREE PROTECT EXISTING TREE PROTECT EXISTING CONFORMED DRAWINGS RETAINING WALL PER PROTECT IN PLACE EXISTING PP TO TOP OF SLOPE RELOCATE FENCE FENCELINE PROPERTY LINE 739 3105C22A 2%TW ELEV=7401 TW ELEV=7397 SIZE ON AVALABLE BOULDER WIDTH VARIES BASED RETAINING WALL 1' - 4' BOULDER 2' FABRIC GEOTEXTILE WOVEN BACKFILL COURSE DRAINAGE AGGREGATE SUBGRADE FABRIC GEOTEXTILE WOVEN BACKFILL COURSE DRAINAGE AGGREGATE SUBGRADE 0.5 1 TOTAL HEIGHT THEN1/2 WALL TO OR GRATER WIDTHEQUAL BASE OF WALL 8" MIN.6" MIN 3:1 2:1 4:1 740148" MAXWALL HEIGHTBOULDERS TO BE MINIMUM SIZE OF 3' x 3' x 2' BOULDERS SELECTED BY CONTRACTOR/OWNER BOULDERS TO BE MINIMUM SIZE OF 3'X3'X2' BOULDERS SELECTED BY CONTRACTOR/OWNERMAXIMUM OF 48"FROM 24" TOWALL HEIGHT VARIESDigitally signed by Robert F. Buss Contact Info: Carollo Engineers, Inc. Date: 2020.12.08 13:42:32-07'00' Digitally signed by Becky J. Luna Contact Info: Carollo Engineers, Inc. Date: 2020.12.08 13:36:25-07'00' Attachment A Attachment A Y=658725.64 X=710219.13 Z=7412.13 Y=658803.81 X=710219.13 Z=14408.89XXXX EX-SS EX-SS EX-SS EX-SS EX-SS EX- S S IP IP Pt (2) Pt (3) Pv (1) Pv (1) Pt (1) At (1) Pt (2) Pt (3) Pp (4) At (1) Pt (6) Pv (2) Pp (1) Pp (3) Pt (1) Pp (6) Pp (6) Pp (3)REC PATH NEW FENCE (DESIGN TBD) EXISTING FENCE LIFTVIEW CONDOS EXISTING TREES TO REMAIN, TYP. Rw (5) Po (6) Rw (6) REVEGETATE ALL DISTURBED AREAS WITH NATIVE SEED MIX, REF L5.01 PLANT LIST Symbol Key Botanical QTY Size Spacing Notes Trees Common Name Pv Prunus virginiana 'Shubert' Chokecherry 4 as shown2.5" cal At Acer tataricum 'GaraAnn' HOT WINGS Hot Wings Tatarian Maple 2 as shown2.0" cal. Pt Populous tremuloides Quaking Aspen 20 as shown2" cal. Pp Picea Pungens Colorado Blue Spruce 23 as shown (6) - 6' (14) - 8' (3) - 10' 11- Single Stem 9- Multi Stem ***Replaces 18 Evergreen Trees and 27 Deciduous trees removed during construction.XXXXXXXXXXXXXXXExisting Spruce Tree Pm (4) Pt (2) Rb (3) Cs (2) Po (3) Bg (8) Equipment Fg (18) Ms (3) Yg (3) Ms (4) Pg (5) Cs (4) Bg (6) EP (9) Yg (3) Rb (2) Pm (3) Po (2) Ms (2) Ga (5) Am (5) Pe (5) Existing Aspen Tree New Callbox, by other Pg (2) Future Freestanding ID Sign Shrubs Symbol Key Botanical Common Name QTY Size Spacing Rb Rhus typhina 'Baitiger'Tiger Eyes Sumac 5 as shown5 gal. Po Physocarpus opulifolius 'Nanus' Dwarf Ninebark 11 as shown5 gal. Notes Cs 6 as shown5 gal. Comus stolonifera farrow 'Arctic Fire' Redtwig Dogwood Grasses Symbol Key Botanical Common Name QTY Size Spacing Fc Festuca flauca 'Elijah Blue' Elijah Blue Fescue 17 as shown1 gal. Notes Perennials Symbol Key Botanical Common Name QTY Size Spacing Am Achillea 'Moonshine'Yarrow 5 as shown Notes Ep Echinacea purpurea Purple Coneflower 9 as shown Ga Gaillardia pulchella Blanket Flower 5 as shown Pe Penstemon eatonii Firecracker Penstemon 5 as shown1 gal. 1 gal. 1 gal. 1 gal. Bg Bouteloua gracilis Blue Grama 14 as shown1 gal. Ms Miscanthus sinensis 'Sarabande' Sarabande Maiden Grass 9 as shown1 gal. Pg Perovskia atriplicifolia Russian Sage 5 as shown1 gal. Pm Pinus mugo var. pumilio Dwarf Mugo Pine 7 as shown5 gal. Yg Yucca glauca Soapweed Yucca 6 as shown5 gal. Rw Rosa woodsii Woods Rose 11 as shown5 gal.Copyright © 2019 by Zehren & Associates Inc.SCALE: 1" = 30' 15' 30'0 60' LANDSCAPE PLAN SCALE: 1" = 30'-0"L2.01 1 SCALE: 1" = 10' 5 10'0 20' LANDSCAPE PLAN ENLARGEMENT SCALE: 1" = 10'-0"L2.01 2 L1.01 2 LANDSCAPE PLAN ENLARGEMENT Attachment A STAKING/GUYING LOCATION PLAN TOPSOIL (9" DEPTH), SEE PLANTING NOTES 2" SOIL PEP LAYER FINISHED GRADE VARIES, SEE GRADING PLAN UNDISTURBED SUBGRADE OR BACKFILL D=DIMENSION OF PERENNIAL PLANT SPACING "D" "D""D" SET ROOT COLLAR AT 1" ABOVE FINISHED GRADE 3" ORGANIC MULCH LAYER PLANTING BACKFILL (SEE PLANTING NOTES) SCARIFY TO 4" DEPTH AND RECOMPACT LEVELED SUBGRADE BALLED AND BURLAPPED SHRUBS BARE ROOT OR CONTAINER SHRUBS 6" MIN NOTES: TREE SHALL BEAR SAME RELATION TO FINISHED GRADE AS IT BORE TO PREVIOUS GRADE NOTE: GUY WIRES REQUIRED ONLY ON TREES OVER 6' HIGH GUY WIRE SECURED TO TREE WITH NYLON STRAP TURNBUCKLE REMOVE BURLAP FROM TOP 1/3 OF BALL 3" ORGANIC MULCH LAYER MOUND TO FORM 4" SAUCER TOPSOIL (9" DEPTH) SEE PLANTING NOTES ANCHOR STAKE DRIVEN BELOW FINISH GRADE PLANTING BACKFILL (SEE PLANTING NOTES) SCARIFY TO 4" DEPTH AND RECOMPACT STAKES TO EXTEND 20" BELOW TREE PIT IN UNDISTURBED SUBGRADE GUYS AT 60 ANGLE 12" MIN 2x ROOTBALL DIAMETER 3 STAKES PER TREE MAX. NYLON STRAPNOTES: NEVER CUT LEADERS STAKE 3 LARGEST STEMS, IF TREE HAS MORE THAN 3 LEADERS SET TREE STAKES VERTICAL AND AT SAME HEIGHT. SET STAYS ABOVE FIRST BRANCHES, SEE DETAIL ABOVE STEEL TREE STAKES 3" ORGANIC MULCH LAYER MOUND TO FORM 4" SAUCER REMOVE BURLAP FROM TOP 1/3 OF BALL PLANTING BACKFILL (SEE PLANTING NOTES) SCARIFY TO 4" DEPTH AND RECOMPACT STAKES TO EXTEND 20" BELOW TREE PIT IN UNDISTURBED SUBGRADE 2x ROOTBALL DIAMETER 12" MIN PREVAILING WIND 120 120 120 NEVER CUT LEADER PRUNE BROWN OR DEAD BRANCHES NYLON STRAP STEEL TREE STAKES GUYS AT 60 ANGLE ANCHOR STAKE DRIVEN BELOW FINISH GRADE NOTES: GUY ALL TREES 4" CAL. AND OVER. STAKE TREES UNDER 4" CAL. SET STAKES VERTICAL AND AT SAME HEIGHT STAYS TO BE SET 2/3 UP TREE OR ABOVE FIRST BRANCHES GUY WIRE TURNBUCKLE TREE WRAP REMOVE BURLAP FROM TOP 1/3 OF BALL 3" ORGANIC MULCH LAYER MOUND TO FORM 4" SAUCER TOPSOIL (9" DEPTH) SEE PLANTING NOTES PLANTING BACKFILL (SEE PLANTING NOTES) SCARIFY TO 4" DEPTH AND RECOMPACT STAKES TO EXTEND 20" BELOW TREE PIT IN UNDISTURBED SUBGRADE 2x ROOTBALL DIAMETER 12" MIN TREE SHALL BE PLACED WITH THE ROOT CROWN SET AT 2" ABOVE FINISH GRADE. REMOVE ALL WIRE BASKETS AND BINDING FROM ROOT BALL REMOVE ALL WIRE BASKETS AND BINDING FROM ROOT BALL REMOVE ALL WIRE BASKETS AND BINDING FROM ROOT BALL Copyright © 2019 by Zehren & Associates Inc.L2.01 1 PERENNIAL PLANTING DETAIL SCALE: N.T.S. L2.01 2 SHRUB PLANTING DETAIL SCALE: N.T.S. L2.01 5 CONIFEROUS PLANTING DETAIL SCALE: N.T.S. L2.01 3 DECIDUOUS PLANTING DETAIL SCALE: N.T.S. L2.01 4 MULTI-STEM PLANTING DETAIL SCALE: N.T.S. PLANTING NOTES AND SPECIFICATIONS: 1. ALL PLANT MATERIALS SHALL BE NURSERY GROWN. PLANTS SHALL BE HEALTHY AND FREE OF DISEASE AND PESTS. ALL PLANT MATERIAL IS TO BE APPROVED BY LANDSCAPE ARCHITECT PRIOR TO INSTALLATION. 2. LANDSCAPE CONTRACTOR SHALL SUPPLY PHOTOS AND LOCATION OF THE SOURCE OF ALL TREES AND SHRUBS TO BE APPROVED BY LANDSCAPE ARCHITECT PRIOR TO DELIVERY OF MATERIALS TO THE PROJECT SITE(S). 3. ALL CONTAINER PLANTS SHALL HAVE BEEN GROWN IN THE CONTAINERS IN WHICH THEY ARE DELIVERED FOR A MINIMUM OF TWO MONTHS, BUT NOT MORE THAN TWO YEARS FOR SHRUBS AND GRASSES AND ONE YEAR FOR PERENNIALS AND GROUND COVERS. 4. PLANTING BACKFILL IS TO CONSIST OF 66% NATIVE TOPSOIL AND 33% ORGANIC COMPOST TO A DEPTH OF 9”. TILL 6” OF TOPSOIL IMPORT AND 3” OF COMPOST FOR ALL AREAS TO BE PLANTED. 5. ALL TREE AND SHRUB PLANTING AREAS ARE TO BE MULCHED WITH 3” MULCH. 6. ALL PERENNIAL BEDS SHALL BE COVERED WITH A TOP COAT OF 2” OF COMPOST (NO MULCH). CONTRACTOR SHALL PROVIDE A SAMPLE OF COMPOST AND ITS SOURCE TO LANDSCAPE ARCHITECT PRIOR TO PLANT INSTALLATION. 7. TREES SHALL HAVE ALL BINDING MATERIAL REMOVED AROUND THE BASE ON THE TRUNK AND BURLAP MATERIALS REMOVED AT LEAST HALFWAY TO THE MIDDLE OF THE ROOT BALL PRIOR TO BACKFILLING AND PLANTING. 8. EVERGREEN TREES GREATER THAN 6' ARE TO BE STAKED WITH (3) 5' STEEL T-STAKES AND GUYED WITH GALVANIZED WIRE. SEE PLANTING DETAILS 9. NO TREES SHALL BE PLANTED WITHIN 10 FEET OF WATER AND SEWER LINES. NO SHRUBS SHALL BE PLANTED WITHIN 4 FEET OF WATER AND SEWER LINES, GAS LINES OR WITHIN 5 FEET OF ELECTRICAL POWER LINES. 10.CONTRACTOR SHALL BE RESPONSIBLE FOR ERADICATION, REMOVAL, DISPOSAL OF WEEDS WITHIN THE LIMITS OF WORK DURING THE CONSTRUCTION PERIOD AND THROUGH THE PROJECT'S FINAL ACCEPTANCE. 11.AT THE TIME OF PLANTING ALL NEWLY PLANTED TREES AND SHRUBS SHALL BE FERTILIZED WITH BIOSOIL MIX, ALL-PURPOSE FERTILIZER PER MANUFACTURER'S SPECIFICATIONS. THIS FERTILIZER TO BE MIXED IN WITH PLANTING BACKFILL. PLEASE CONTACT ROCKY MOUNTAIN BIO-PRODUCTS, 10801 E. 54TH AVENUE, DENVER, CO. 80239, PHONE (303) 696-8964. 12.ALL PLANT BED AND LAWN AREAS SHALL BE SEPARATED FROM ADJACENT AREAS WITH EDGING. THE PREFERRED PRODUCT IS VALLEY VIEW INDUSTRIES "ACE OF DIAMOND" PLASTIC EDGING OR EQUAL. EDGING SHALL BE PINNED IN PLACE WITH FIVE 9” MFR SUPPLIED MTL LANDSCAPE STAKES SPACED EVENLY PER 20' SECTION OF EDGING. JOINTS BETWEEN SECTIONS OF EDGING SHALL BE SECURED WITH MFR SUPPLIED C CLIPS . EDGING SHALL NOT EXTEND ABOVE SURROUNDING FINISHED GRADE BY MORE THAN ¼”. 13.PRIOR TO PLANTING OR SEEDING, THE IRRIGATION SYSTEM SHALL BE FULLY IN PLACE AND OPERATIONAL. 14.ALL DISTURBED AREAS SHALL BE REVEGETATED WITH SEED MIX AS SPECIFIED ABOVE. 15.ALL SEED AREAS ARE TO BE LIGHTLY RAKED 14" INTO THE SOIL AFTER SEEDS HAVE BEEN EVENLY DISTRIBUTED PER THE SPECIFIED SEEDING RATE. 16.MULCH ALL SEED AREAS WITH 1" - 2" OF CERTIFIED WEED FREE STRAW OR HAY, ALL STRAW AREAS ARE TO BE TACKIFIED WITH APPROVED ORGANIC TACKIFIER AT THE RATE OF 120 LBS. / ACRE, OR HYDROMULCHED. 17.ALL DISTURBED SLOPES STEEPER THAN 3:1 SHALL BE STABILIZED USING HYDROMULCH OR ANOTHER APPROPRIATE METHOD. 18.SOIL PREPARATION OF ALL SEED AREAS WILL INCLUDE THE FOLLOWING: 18.1. LOOSENING THE SOIL TO A MINIMUM OF 4” DEPTH REMOVING ROCKS OVER 2" IN DIAMETER, ROOTS, STICKS, DEBRIS AND ANY OTHER EXTRANEOUS MATERIAL. 18.2. AMENDING SOIL WITH 2” COMPOST AND 2” TOPSOIL, AND TILLING TO A MINIMUM 6” DEPTH. 18.3. GRADED TO A SMOOTH, FREE DRAINING EVEN SURFACE WITH A LOOSE, MODERATELY COARSE TEXTURE. REMOVE RIDGES AND FILL DEPRESSIONS AS REQUIRED TO DRAIN. 19.4.4. ONE APPLICATION OF A DI-AMMONIUM PHOSPHATE FERTILIZER, 18-46-0, SHALL BE BROADCAST PRIOR TO SEEDING AT A RATE OF 8 LBS. PER 1000 S.F.LANDSCAPE CONTRACTOR SHALL SUBMIT A WRITTEN DOCUMENT REGARDING ITS POLICY OF PLANT WARRANTY AND REPLACEMENT. EACH WARRANTY SHALL CONFORM TO THE MINIMUM STANDARD OF REPLACING ALL MATERIALS INCLUDING LABOR, DUE TO THE SICKNESS OR DEATH OF A PLANT FOR A PERIOD OF TWO YEARS FOLLOWING THE PLANTS INSTALLATION AND ACCEPTANCE OF THE PROJECT BY THE TOWN. 20.ALL EXCESS NATIVE SOIL RESULTING FROM SOIL PREP SHALL BE DISPOSED OF AND REMOVED FROM THE SITE OR STOCKPILED IN LOCATION APPROVED BY OWNER. IRRIGATION NOTES: 1. ALL IRRIGATION SHALL BE TEMPORARY. 2. ALL PLANT MATERIALS SHALL BE IRRIGATED FOR A MAXIMUM OF 3 FULL GROWING SEASONS AT WHICH TIME THE TEMPORARY IRRIGATION SYSTEM WILL BE REMOVED. 3. IRRIGATION SYSTEM DESIGN BY OTHER. NATIVE SEED MIX SPECIFICATION PRODUCT: XERISCAPE LAWN MIX BROADCAST RATE: 4LB PER 1000 SF SUPPLIER: WESTERN NATIVE SEED PHONE: 719-942-3935 EMAIL: info@westernnativeseed.com WEBSITE: www.westernnativeseed.com SPECIES: GRASSES - 100% OF TOTAL MIX 70 % Buchloe dactyloides (Buffalograss) 30 % Bouteloua gracilis (Blue Grama) Attachment A TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner RE: Minor Development Plan – MNR20051 PUBLIC HEARING Lot 9 Block 3 Benchmark at Beaver Creek Subdivision / 998 West Beaver Creek Boulevard DATE: January 13, 2021 SUMMARY: This Staff Report contains one application for consideration by the Planning and Zoning Commission (PZC): Minor Development Plan for landscaping at 998 West Beaver Creek Boulevard. PROCESS: This item is associated with the Eagle River Water and Sanitation District’s (District) condition of approvals item. Because it is on a different property, it is subject to a development plan and public hearing. PZC shall conduct a public hearing, to consider any public comment on the matter, and make a determination on the item. PROPERTY DESCRIPTION: Lot 9 is located between the Eagle River and the railroad corridor, with access to West Beaver Creek Boulevard from Millie’s Lane. It is a developed residential property. The landscaping plan focuses on screening and revegetation on the southeast corner of the lot. PUBLIC NOTICE: Notice of the public hearing was published in the January 8, 2021 edition of the Vail Daily in accordance with Sec. 7.16.020(d) of the Avon Development Code (ADC). Mailed notice is not required for this application type. PLANNING ANALYSIS: The improvements are tied to the conditions of approval for Tract N, Block 3 Benchmark at Beaver Creek. Staff has no concerns that were not addressed in the previous item. DESIGN STANDARDS ANALYSIS: The improvements on the property are subject to the Avon Development Code (ADC) landscaping requirements. Because the plan does not cover the entire property, the landscaping unit count is not applicable. Per the Conditions of approval application, landscaping loss from the District is supposed to be replaced on this property. Most of the landscaping hugs the property line and acts as screening. Grading and additional landscaping is also proposed near the Eagle Valley Trail. Landscaping & Irrigation: The Lot 9 proposal includes maple, spruce, aspen, chokecherry, several deciduous shrub species, and grasses. The applicant proposed only temporary irrigation for the project, therefore hydrozones are not expressly demarcated on the plan. DEVELOPMENT PLAN & DESIGN REVIEW - REVIEW CRITERIA § 7.16.0SO(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 modifications achieve the Review Criteria, including purpose (e), “Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population”, Design Review, below, and items from the Comprehensive Plan, including district planning principle, “Minimize the loss of trees and impact to the riparian area while achieving urban design goals.” §7.16.090(1), Design Review Criteria 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 modifications are compliant with these Design Review Criteria, achieve the standards of the Development Code, and result in an improved design. STAFF RECOMMENDATION TO APPROVE THE PLAN: “I move to approve the Case #MNR20051 for landscaping considerations on Lot 9, Block 3 Benchmark at Beaver Creek Subdivision together with the findings recommended 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. ATTACHMENT (a) Landscape Plan Thank you, David McWilliams 970-749-4023 cmcwilliams@avon.org December 23, 2020 Matt Pielsticker Town of Avon 100 Mikaela Way Avon, CO 81620 Dear Matt Pielsticker, ERWSD would like to submit the Written Statement for the LiftView Site Improvements. This project will expand the usable area for the residents of LiftView Condominiums by raising the grade on the southeast portion of the site to expand the available flat/useable area. The civil and landscape design include a boulder wall by the recreation path with additional trees and landscaping. Working with the ERWSD, the proposed improvements use excess spoils from the Avon Wastewater Treatment Facility (WWTF) Nutrient Upgrades Project and will reduce spoils waste, traffic, and environmental impacts of hauling waste offsite. Trees removed to accommodate the earthwork on LiftView’s property will be replaced at a ratio of 1:1 as part of the AWWTF Nutrient Upgrades Project Landscaping Plan submitted for approval to the Planning and Zoning Commission. This proposed project satisfies the findings of the Land Development Code 1. Evidence of substantial compliance with the purpose of the Development Code as specified in Section 7.04.030, Purposes. All modifications are on private property and will not impact population density, traffic, public services. Areas that the proposed plan impacts are addressed below: a. 7.04.030 (e): Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population. i. This proposed project increases the useable open space around LiftView without decreasing overall vegetated area. b. 7.04.030 (j): Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; i. This project will allow for enhanced stormwater control improvements at the Avon WWTF due to the ability to coordinate and connect site civil design between the two sites. Drainage and grading don’t perfectly adhere to man- made property lines. All Best Management plans for stormwater will be used during the construction of the project. 2. Evidence of substantial compliance with Section 7.16.090, Design review. a. (1) To prevent excessive or unsightly grading of property that could cause disruption of natural watercourses or scar natural landforms; i. The proposed modifications to site grading will allow for extended use of greenspace for LiftView residents and will include a boulder wall made of natural boulders from the adjacent Avon WWTF site. Attachment A b. (2) To ensure that the location and configuration of structures, including signs and signage, are visually harmonious with their sites and with surrounding sites and structure and that there shall be conformance to the Comprehensive Plan of the Town; i. This plan will not change the location or configuration of any structures. The retaining wall structures are in conformance with applicable design r eview guidelines and are consistent with other walls throughout Avon and the valley. c. (3) To ensure that the architectural design of structures and their materials and colors are visually harmonious with the Town's overall appearance, with natural and existing landforms and with officially approved development plans, if any, for the areas in which the structures are proposed to be located; and i. This plan will not impact the architectural design of any structures other than the retaining wall system. d. (4) To ensure that plans for the landscaping of property and open spaces conform with adopted rules and regulations and to provide visually pleasing settings for structures on the same site and on adjoining and nearby sites. i. The proposed landscaping will be visually pleasing and will retain large trees by the recreation path. There will be a landscaped boulder wall that will utilize boulders from the adjacent construction site. The landscape design prepared by Zehren and Associates is in general conformance with applicable guidelines. 3. Consistency with the Avon Comprehensive Plan a. This proposed plan is consistent with the Avon Comprehensive plan and increases the amenities for the residents of LiftView. It makes no change to the existing land use and is in-line with the plan for community character. b. In particular, Goal G.4.3 to Promote water conservation through public education, supply management, and demand management techniques. This project will only water temporarily to establish vegetation and will not have ongoing water demand. 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. a. The proposed plan does not impact land use at the property. 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; a. LiftView condominiums is zoned as Residential High Density. The proposed project will not impact the compliance with Chapter 7.20 Zoning Districts not will it impact Chapter 7.24 Use Regulations. b. Chapter 7.28 Development Standards 7.28.070 Retaining Walls – i. Retaining walls may be utilized only where finished grades cannot meet the recommended standards of this Development Code due to naturally occurring topography and other site development constraints. 1. A retaining wall is necessary to maximize the usable area for the LiftView residents and minimize hauling excess soil and boulders from the Avon WWTF Nutrient Upgrades Project. The retaining wall ties into an existing steep embankment slope to the west and is similar to existing topography. ii. Retaining walls over four (4) feet in height shall be designed with a series of retaining walls with landscaped terraced steps. The width of the terrace between Attachment A any two (2) four-foot vertical retaining walls shall be at least three (3) feet. Retaining walls higher than four (4) feet shall be separated from any other retaining walls by a minimum of five (5) horizontal feet. Terraces created between retaining walls shall be permanently landscaped. 1. The proposed plan meets all requirements. iii. A retaining wall shall not exceed seven (7) feet in height unless approved by the PZC and it is demonstrated that no alternative site layout is functional. 1. The retaining wall is designed to be 7 ft tall iv. The design of retaining walls shall be constructed of materials compatible with the site and materials of the structures on the site. Retaining walls and cribbing should utilize natural materials, such as boulders, cut rocks, stone-veneer or textured, color-tinted concrete. Timbers and railroad ties are prohibited as retaining wall materials. Where two (2) alternatively designed retaining walls meet, a cohesive transition between walls must be demonstrated. 1. The retaining wall will be constructed from natural boulders found during excavation for the Avon WWTF Nutrient Upgrades. v. Walls over four (4) feet in height or any wall supporting a vehicle load or structure shall be structurally designed and certified by a Colorado licensed professional engineer. 1. The boulder wall has been designed and stamped by Carollo Engineers and is included on Sheet 05C22A. 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. a. This project will not impact demand on city or other services. Sincerely, Melissa Marts Project Manager Attachment A Site Photographs Figure 1: Looking nothwest from the recreation path towards LiftView Attachment A Figure 2: Looking east from LiftView Attachment A Figure 3: Looking south from LiftView Attachment A 6" MIN 8" MIN.TOTAL HEIGHT THEN1/2 WALL TO OR GRATER WIDTHEQUAL BASE OF WALL 3' DATEREV BY DESCRIPTION DATE CHECKED DRAWN DESIGNED 10897B.10 JOB NO. DRAWING NO. SHEET NO. SCALES ACCORDINGLY VERIFY SCALES THIS SHEET, ADJUST IF NOT ONE INCH ON BAR IS ONE INCH ON ORIGINAL DRAWING 0 1" DECEMBER 2019 EAGLE RIVER WATER AND SANITATION DISTRICT AVON WWTF NUTRIENT UPGRADES 1 2 3 4 5 6 7 8 9 10 11 12 13 A B C D E F 1 2 3 4 5 6 7 8 9 10 11 12 13 A B C D E F G G ® 39920 BECKYJ.LUNACOLORADOLICENSED PROFE S SIONALENGINEER R OBERT F. BUSS IP 15' 15' SS SS 15'Plot Date: 08-DEC-2020 7:53:33 AMUser: svcPW Model: Layout1 ColorTable: gshade.ctb DesignScript: Carollo_Std_Pen_v0905.pen PlotScale: 1:1PROJECT NO.LAST SAVED BY:FILE NAME: 20'0 10'40' BIKE PATH 10897B10 74 0 8 7404 mlhall7404 CLARIFIER WEST SECONDARY BASIN AERATION WEST RAS PS IMLR PS, AND FEED ROOM, FERRIC MCC-SP, CLARIFIERS EAST SECONDARY CELLS POLISHING 7406 7407 7405 74047407 7406 7405 740310897B1005C22A.dgn MLH 05C22ACIVIL PAVING AND GRADING PLAN BF7403 7 4 0 3 740 2 7 4 0 1 74 00 7399 73 9 8 7 3 977 39 6 7395 739474027397 7398 73997400 73967395 73947393 7408 SCALE: FILE: 1 10897B10C402 NOT TO SCALE NOTE: BOULDER RETAINING WALL SECTION (TYP)(TYP) 0.5 1 BASE COURSE AGGREGATE DRAINAGE 96% SPD COMPACTED BASE COURSE AGGREGATE DRAINAGE 96% SPD COMPACTED FINISH GRADE BOULDER BELOW BURY 2/3 OF BOTTOM 48" MAXWALL HEIGHT05C22A SCALE: FILE: 2 10897B10C401 0 1'2' 3/4" = 1'-0" PER TYP/C102 INSTALL CURB AND GUTTER FABRIC GEOTEXTILE WOVEN BACKFILL COURSE DRAINAGE AGGREGATE SUBGRADE AC PAVEMENT FINISH GRADE BOULDER BELOW BURY 2/3 OF BOTTOM COURSE BASE AGGREGATE BASE COURSE AGGREGATE DRAINAGE 96% SPD COMPACTED NOTE: BOULDER RETAINING WALL DETAIL 7 404 05C22A S LO P E P ER P LAN 7410740974083.8%2 05C22A TW ELEV 7408 RETAINING WALL 2' - 4' BOULDER 74087407 7406 7405 TREE PROTECT EXISTING TREE PROTECT EXISTING CONFORMED DRAWINGS RETAINING WALL PER PROTECT IN PLACE EXISTING PP TO TOP OF SLOPE RELOCATE FENCE FENCELINE PROPERTY LINE 739 3105C22A 2%TW ELEV=7401 TW ELEV=7397 SIZE ON AVALABLE BOULDER WIDTH VARIES BASED RETAINING WALL 1' - 4' BOULDER 2' FABRIC GEOTEXTILE WOVEN BACKFILL COURSE DRAINAGE AGGREGATE SUBGRADE FABRIC GEOTEXTILE WOVEN BACKFILL COURSE DRAINAGE AGGREGATE SUBGRADE 0.5 1 TOTAL HEIGHT THEN1/2 WALL TO OR GRATER WIDTHEQUAL BASE OF WALL 8" MIN.6" MIN 3:1 2:1 4:1 740148" MAXWALL HEIGHTBOULDERS TO BE MINIMUM SIZE OF 3' x 3' x 2' BOULDERS SELECTED BY CONTRACTOR/OWNER BOULDERS TO BE MINIMUM SIZE OF 3'X3'X2' BOULDERS SELECTED BY CONTRACTOR/OWNERMAXIMUM OF 48"FROM 24" TOWALL HEIGHT VARIESDigitally signed by Robert F. Buss Contact Info: Carollo Engineers, Inc. Date: 2020.12.08 13:42:32-07'00' Digitally signed by Becky J. Luna Contact Info: Carollo Engineers, Inc. Date: 2020.12.08 13:36:25-07'00' Attachment A Attachment A Y=658725.64 X=710219.13 Z=7412.13 Y=658803.81 X=710219.13 Z=14408.89XXXX EX-SS EX-SS EX-SS EX-SS EX-SS EX- S S IP IP Pt (2) Pt (3) Pv (1) Pv (1) Pt (1) At (1) Pt (2) Pt (3) Pp (4) At (1) Pt (6) Pv (2) Pp (1) Pp (3) Pt (1) Pp (6) Pp (6) Pp (3)REC PATH NEW FENCE (DESIGN TBD) EXISTING FENCE LIFTVIEW CONDOS EXISTING TREES TO REMAIN, TYP. Rw (5) Po (6) Rw (6) REVEGETATE ALL DISTURBED AREAS WITH NATIVE SEED MIX, REF L5.01 PLANT LIST Symbol Key Botanical QTY Size Spacing Notes Trees Common Name Pv Prunus virginiana 'Shubert' Chokecherry 4 as shown2.5" cal At Acer tataricum 'GaraAnn' HOT WINGS Hot Wings Tatarian Maple 2 as shown2.0" cal. Pt Populous tremuloides Quaking Aspen 20 as shown2" cal. Pp Picea Pungens Colorado Blue Spruce 23 as shown (6) - 6' (14) - 8' (3) - 10' 11- Single Stem 9- Multi Stem ***Replaces 18 Evergreen Trees and 27 Deciduous trees removed during construction.XXXXXXXXXXXXXXXExisting Spruce Tree Pm (4) Pt (2) Rb (3) Cs (2) Po (3) Bg (8) Equipment Fg (18) Ms (3) Yg (3) Ms (4) Pg (5) Cs (4) Bg (6) EP (9) Yg (3) Rb (2) Pm (3) Po (2) Ms (2) Ga (5) Am (5) Pe (5) Existing Aspen Tree New Callbox, by other Pg (2) Future Freestanding ID Sign Shrubs Symbol Key Botanical Common Name QTY Size Spacing Rb Rhus typhina 'Baitiger'Tiger Eyes Sumac 5 as shown5 gal. Po Physocarpus opulifolius 'Nanus' Dwarf Ninebark 11 as shown5 gal. Notes Cs 6 as shown5 gal. Comus stolonifera farrow 'Arctic Fire' Redtwig Dogwood Grasses Symbol Key Botanical Common Name QTY Size Spacing Fc Festuca flauca 'Elijah Blue' Elijah Blue Fescue 17 as shown1 gal. Notes Perennials Symbol Key Botanical Common Name QTY Size Spacing Am Achillea 'Moonshine'Yarrow 5 as shown Notes Ep Echinacea purpurea Purple Coneflower 9 as shown Ga Gaillardia pulchella Blanket Flower 5 as shown Pe Penstemon eatonii Firecracker Penstemon 5 as shown1 gal. 1 gal. 1 gal. 1 gal. Bg Bouteloua gracilis Blue Grama 14 as shown1 gal. Ms Miscanthus sinensis 'Sarabande' Sarabande Maiden Grass 9 as shown1 gal. Pg Perovskia atriplicifolia Russian Sage 5 as shown1 gal. Pm Pinus mugo var. pumilio Dwarf Mugo Pine 7 as shown5 gal. Yg Yucca glauca Soapweed Yucca 6 as shown5 gal. Rw Rosa woodsii Woods Rose 11 as shown5 gal.Copyright © 2019 by Zehren & Associates Inc.SCALE: 1" = 30' 15' 30'0 60' LANDSCAPE PLAN SCALE: 1" = 30'-0"L2.01 1 SCALE: 1" = 10' 5 10'0 20' LANDSCAPE PLAN ENLARGEMENT SCALE: 1" = 10'-0"L2.01 2 L1.01 2 LANDSCAPE PLAN ENLARGEMENT Attachment A STAKING/GUYING LOCATION PLAN TOPSOIL (9" DEPTH), SEE PLANTING NOTES 2" SOIL PEP LAYER FINISHED GRADE VARIES, SEE GRADING PLAN UNDISTURBED SUBGRADE OR BACKFILL D=DIMENSION OF PERENNIAL PLANT SPACING "D" "D""D" SET ROOT COLLAR AT 1" ABOVE FINISHED GRADE 3" ORGANIC MULCH LAYER PLANTING BACKFILL (SEE PLANTING NOTES) SCARIFY TO 4" DEPTH AND RECOMPACT LEVELED SUBGRADE BALLED AND BURLAPPED SHRUBS BARE ROOT OR CONTAINER SHRUBS 6" MIN NOTES: TREE SHALL BEAR SAME RELATION TO FINISHED GRADE AS IT BORE TO PREVIOUS GRADE NOTE: GUY WIRES REQUIRED ONLY ON TREES OVER 6' HIGH GUY WIRE SECURED TO TREE WITH NYLON STRAP TURNBUCKLE REMOVE BURLAP FROM TOP 1/3 OF BALL 3" ORGANIC MULCH LAYER MOUND TO FORM 4" SAUCER TOPSOIL (9" DEPTH) SEE PLANTING NOTES ANCHOR STAKE DRIVEN BELOW FINISH GRADE PLANTING BACKFILL (SEE PLANTING NOTES) SCARIFY TO 4" DEPTH AND RECOMPACT STAKES TO EXTEND 20" BELOW TREE PIT IN UNDISTURBED SUBGRADE GUYS AT 60 ANGLE 12" MIN 2x ROOTBALL DIAMETER 3 STAKES PER TREE MAX. NYLON STRAPNOTES: NEVER CUT LEADERS STAKE 3 LARGEST STEMS, IF TREE HAS MORE THAN 3 LEADERS SET TREE STAKES VERTICAL AND AT SAME HEIGHT. SET STAYS ABOVE FIRST BRANCHES, SEE DETAIL ABOVE STEEL TREE STAKES 3" ORGANIC MULCH LAYER MOUND TO FORM 4" SAUCER REMOVE BURLAP FROM TOP 1/3 OF BALL PLANTING BACKFILL (SEE PLANTING NOTES) SCARIFY TO 4" DEPTH AND RECOMPACT STAKES TO EXTEND 20" BELOW TREE PIT IN UNDISTURBED SUBGRADE 2x ROOTBALL DIAMETER 12" MIN PREVAILING WIND 120 120 120 NEVER CUT LEADER PRUNE BROWN OR DEAD BRANCHES NYLON STRAP STEEL TREE STAKES GUYS AT 60 ANGLE ANCHOR STAKE DRIVEN BELOW FINISH GRADE NOTES: GUY ALL TREES 4" CAL. AND OVER. STAKE TREES UNDER 4" CAL. SET STAKES VERTICAL AND AT SAME HEIGHT STAYS TO BE SET 2/3 UP TREE OR ABOVE FIRST BRANCHES GUY WIRE TURNBUCKLE TREE WRAP REMOVE BURLAP FROM TOP 1/3 OF BALL 3" ORGANIC MULCH LAYER MOUND TO FORM 4" SAUCER TOPSOIL (9" DEPTH) SEE PLANTING NOTES PLANTING BACKFILL (SEE PLANTING NOTES) SCARIFY TO 4" DEPTH AND RECOMPACT STAKES TO EXTEND 20" BELOW TREE PIT IN UNDISTURBED SUBGRADE 2x ROOTBALL DIAMETER 12" MIN TREE SHALL BE PLACED WITH THE ROOT CROWN SET AT 2" ABOVE FINISH GRADE. REMOVE ALL WIRE BASKETS AND BINDING FROM ROOT BALL REMOVE ALL WIRE BASKETS AND BINDING FROM ROOT BALL REMOVE ALL WIRE BASKETS AND BINDING FROM ROOT BALL Copyright © 2019 by Zehren & Associates Inc.L2.01 1 PERENNIAL PLANTING DETAIL SCALE: N.T.S. L2.01 2 SHRUB PLANTING DETAIL SCALE: N.T.S. L2.01 5 CONIFEROUS PLANTING DETAIL SCALE: N.T.S. L2.01 3 DECIDUOUS PLANTING DETAIL SCALE: N.T.S. L2.01 4 MULTI-STEM PLANTING DETAIL SCALE: N.T.S. PLANTING NOTES AND SPECIFICATIONS: 1. ALL PLANT MATERIALS SHALL BE NURSERY GROWN. PLANTS SHALL BE HEALTHY AND FREE OF DISEASE AND PESTS. ALL PLANT MATERIAL IS TO BE APPROVED BY LANDSCAPE ARCHITECT PRIOR TO INSTALLATION. 2. LANDSCAPE CONTRACTOR SHALL SUPPLY PHOTOS AND LOCATION OF THE SOURCE OF ALL TREES AND SHRUBS TO BE APPROVED BY LANDSCAPE ARCHITECT PRIOR TO DELIVERY OF MATERIALS TO THE PROJECT SITE(S). 3. ALL CONTAINER PLANTS SHALL HAVE BEEN GROWN IN THE CONTAINERS IN WHICH THEY ARE DELIVERED FOR A MINIMUM OF TWO MONTHS, BUT NOT MORE THAN TWO YEARS FOR SHRUBS AND GRASSES AND ONE YEAR FOR PERENNIALS AND GROUND COVERS. 4. PLANTING BACKFILL IS TO CONSIST OF 66% NATIVE TOPSOIL AND 33% ORGANIC COMPOST TO A DEPTH OF 9”. TILL 6” OF TOPSOIL IMPORT AND 3” OF COMPOST FOR ALL AREAS TO BE PLANTED. 5. ALL TREE AND SHRUB PLANTING AREAS ARE TO BE MULCHED WITH 3” MULCH. 6. ALL PERENNIAL BEDS SHALL BE COVERED WITH A TOP COAT OF 2” OF COMPOST (NO MULCH). CONTRACTOR SHALL PROVIDE A SAMPLE OF COMPOST AND ITS SOURCE TO LANDSCAPE ARCHITECT PRIOR TO PLANT INSTALLATION. 7. TREES SHALL HAVE ALL BINDING MATERIAL REMOVED AROUND THE BASE ON THE TRUNK AND BURLAP MATERIALS REMOVED AT LEAST HALFWAY TO THE MIDDLE OF THE ROOT BALL PRIOR TO BACKFILLING AND PLANTING. 8. EVERGREEN TREES GREATER THAN 6' ARE TO BE STAKED WITH (3) 5' STEEL T-STAKES AND GUYED WITH GALVANIZED WIRE. SEE PLANTING DETAILS 9. NO TREES SHALL BE PLANTED WITHIN 10 FEET OF WATER AND SEWER LINES. NO SHRUBS SHALL BE PLANTED WITHIN 4 FEET OF WATER AND SEWER LINES, GAS LINES OR WITHIN 5 FEET OF ELECTRICAL POWER LINES. 10.CONTRACTOR SHALL BE RESPONSIBLE FOR ERADICATION, REMOVAL, DISPOSAL OF WEEDS WITHIN THE LIMITS OF WORK DURING THE CONSTRUCTION PERIOD AND THROUGH THE PROJECT'S FINAL ACCEPTANCE. 11.AT THE TIME OF PLANTING ALL NEWLY PLANTED TREES AND SHRUBS SHALL BE FERTILIZED WITH BIOSOIL MIX, ALL-PURPOSE FERTILIZER PER MANUFACTURER'S SPECIFICATIONS. THIS FERTILIZER TO BE MIXED IN WITH PLANTING BACKFILL. PLEASE CONTACT ROCKY MOUNTAIN BIO-PRODUCTS, 10801 E. 54TH AVENUE, DENVER, CO. 80239, PHONE (303) 696-8964. 12.ALL PLANT BED AND LAWN AREAS SHALL BE SEPARATED FROM ADJACENT AREAS WITH EDGING. THE PREFERRED PRODUCT IS VALLEY VIEW INDUSTRIES "ACE OF DIAMOND" PLASTIC EDGING OR EQUAL. EDGING SHALL BE PINNED IN PLACE WITH FIVE 9” MFR SUPPLIED MTL LANDSCAPE STAKES SPACED EVENLY PER 20' SECTION OF EDGING. JOINTS BETWEEN SECTIONS OF EDGING SHALL BE SECURED WITH MFR SUPPLIED C CLIPS . EDGING SHALL NOT EXTEND ABOVE SURROUNDING FINISHED GRADE BY MORE THAN ¼”. 13.PRIOR TO PLANTING OR SEEDING, THE IRRIGATION SYSTEM SHALL BE FULLY IN PLACE AND OPERATIONAL. 14.ALL DISTURBED AREAS SHALL BE REVEGETATED WITH SEED MIX AS SPECIFIED ABOVE. 15.ALL SEED AREAS ARE TO BE LIGHTLY RAKED 14" INTO THE SOIL AFTER SEEDS HAVE BEEN EVENLY DISTRIBUTED PER THE SPECIFIED SEEDING RATE. 16.MULCH ALL SEED AREAS WITH 1" - 2" OF CERTIFIED WEED FREE STRAW OR HAY, ALL STRAW AREAS ARE TO BE TACKIFIED WITH APPROVED ORGANIC TACKIFIER AT THE RATE OF 120 LBS. / ACRE, OR HYDROMULCHED. 17.ALL DISTURBED SLOPES STEEPER THAN 3:1 SHALL BE STABILIZED USING HYDROMULCH OR ANOTHER APPROPRIATE METHOD. 18.SOIL PREPARATION OF ALL SEED AREAS WILL INCLUDE THE FOLLOWING: 18.1. LOOSENING THE SOIL TO A MINIMUM OF 4” DEPTH REMOVING ROCKS OVER 2" IN DIAMETER, ROOTS, STICKS, DEBRIS AND ANY OTHER EXTRANEOUS MATERIAL. 18.2. AMENDING SOIL WITH 2” COMPOST AND 2” TOPSOIL, AND TILLING TO A MINIMUM 6” DEPTH. 18.3. GRADED TO A SMOOTH, FREE DRAINING EVEN SURFACE WITH A LOOSE, MODERATELY COARSE TEXTURE. REMOVE RIDGES AND FILL DEPRESSIONS AS REQUIRED TO DRAIN. 19.4.4. ONE APPLICATION OF A DI-AMMONIUM PHOSPHATE FERTILIZER, 18-46-0, SHALL BE BROADCAST PRIOR TO SEEDING AT A RATE OF 8 LBS. PER 1000 S.F.LANDSCAPE CONTRACTOR SHALL SUBMIT A WRITTEN DOCUMENT REGARDING ITS POLICY OF PLANT WARRANTY AND REPLACEMENT. EACH WARRANTY SHALL CONFORM TO THE MINIMUM STANDARD OF REPLACING ALL MATERIALS INCLUDING LABOR, DUE TO THE SICKNESS OR DEATH OF A PLANT FOR A PERIOD OF TWO YEARS FOLLOWING THE PLANTS INSTALLATION AND ACCEPTANCE OF THE PROJECT BY THE TOWN. 20.ALL EXCESS NATIVE SOIL RESULTING FROM SOIL PREP SHALL BE DISPOSED OF AND REMOVED FROM THE SITE OR STOCKPILED IN LOCATION APPROVED BY OWNER. IRRIGATION NOTES: 1. ALL IRRIGATION SHALL BE TEMPORARY. 2. ALL PLANT MATERIALS SHALL BE IRRIGATED FOR A MAXIMUM OF 3 FULL GROWING SEASONS AT WHICH TIME THE TEMPORARY IRRIGATION SYSTEM WILL BE REMOVED. 3. IRRIGATION SYSTEM DESIGN BY OTHER. NATIVE SEED MIX SPECIFICATION PRODUCT: XERISCAPE LAWN MIX BROADCAST RATE: 4LB PER 1000 SF SUPPLIER: WESTERN NATIVE SEED PHONE: 719-942-3935 EMAIL: info@westernnativeseed.com WEBSITE: www.westernnativeseed.com SPECIES: GRASSES - 100% OF TOTAL MIX 70 % Buchloe dactyloides (Buffalograss) 30 % Bouteloua gracilis (Blue Grama) Attachment A TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner RE: TMP21001 – PUBLIC HEARING – Outdoor Tent use on Lot 2 Riverfront Subdivision – 126 Riverfront Lane DATE: January 11, 2021 STAFF REPORT OVERVIEW: This staff report contains one Temporary Use Permit (TMP) application for consideration by the Planning and Zoning Commission (PZC). SUMMARY OF REQUEST: Kris Furniss, (the Applicant) with East West Resorts, requests the continued use of a tent structure outside of Maya Restaurant for the winter at the Westin Hotel site. This use will allow for additional patronage during the busy winter months for group social distancing during the COVID-19 pandemic. PROPERTY DESCRIPTION: Lot 2 is located in the center of Town, within the Riverfront PUD. It hosts a mix of commercial and lodging uses, including food services and offices. PROCESS: TMP applications lasting over 30 days require a public hearing and PZC decision. PZC can approve TMP applications for up to three (3) years. While this application proposes the tent use for the winter, Staff suggests allowing the use until November 2021. PUBLIC NOTICE: In compliance with the Public Hearing and noticing requirements, this report verifies that mailed notice was sent to property owners within 300’ of the property on January 6, 2021. Additionally, a notice was published in the Vail Daily on January 8, 2021. Certification of these requirements can be obtained from the office of Community Development. REVIEW CRITERIA: Undesignated uses and activities are classified as requiring a Temporary Use Permit when the activity is not related to a building permit on the subject lot. The following review criteria serve as the basis for a decision on the application. 1. The temporary use or structure shall not cause unreasonable negative impacts to properties, residents, business or public uses in the vicinity, which cannot be mitigated through the imposition of conditions on such temporary use or structure. Such negative impacts to consider include, but are not limited to: visual, noise, vibration, trash, hours of operation, traffic congestion, parking, safety, soil and vegetation disturbance, natural resource impacts and reasonable expectations of enjoyment of property based upon zone district designations and community planning documents; 2. Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection, roads and transportation, as applicable) will be available to serve the proposed temporary use or structure while maintaining adequate levels of service for existing development; 3. The temporary use shall comply with all applicable general and specific regulations of this Section, other Town ordinances, and state and federal law unless otherwise expressly stated; 4. The applicant has demonstrated that he or she possesses the requisite skills and experience to ensure that the particular activity will be conducted in a safe and orderly manner; 5. The temporary use or structure is not of a nature that will become impractical to cease or remove over time; 6. Adequate plans or sureties are proposed to guarantee restoration of the property after the temporary use or structure ceases; 7. All temporary signs associated with the temporary use or structure shall be properly permitted pursuant to Chapter 15.28, Sign Code, and removed when the activity ends or permit expires, whichever occurs first; 8. The temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use on the site; 9. The temporary use regulations of this Section do not exempt the applicant or operator from any other required permits, such as food service or building permits; 10. The temporary use or structure, including any associated parking and traffic circulation, shall not disturb sensitive or protected resources, including required buffers, one-hundred-year floodplains and required landscaping, and the applicant shall agree to restore all disturbed areas of the site to the condition that existed prior to the temporary use or structure; 11. Tents and other temporary structures shall be located so as not to interfere with the normal operations of any permanent use located on the property, shall be anchored and meet the requirements of the Building Official, including fire rating; 12. Off-street parking shall be adequate to accommodate the proposed temporary use or an acceptable parking plan shall be approved with the temporary use or structure; 13. The temporary use will not result in excessive demands for police, ambulance, fire or other essential public services which may negatively impact the capacity of existing public services to meet existing public service demands or the applicant agrees to mitigate the increased demands for public services; 14. The size, nature or location of the temporary use or structure is not reasonably likely to cause a clear and present danger of injury to persons and property; 15. Another temporary use permit application has not been received prior in time or has already been approved for the same time and place requested by the applicant or so close in time and place to that required by the applicant that the issuance of both permits would cause undue traffic congestion; 16. The location of the temporary use or structure will not substantially interfere with any construction or maintenance work scheduled to take place upon Town streets; and 17. The temporary use or structure shall be for a duration which is appropriate considering the location, use, planned development and activities in the vicinity and impact on nearby properties; however, in no event shall a temporary use be granted for more than three (3) years. STAFF RESPONSE: The application extends an approved use (outdoor seating) to under a tent behind the business. Staff is not concerned with the impacts of the use. The design (below) is adequate for the space and does not overwhelm the area. The Eagle River Fire Protection District has already approved this space. In all, few negative impacts are anticipated by this application. RECOMMENDED MOTION: “I Move to approve case #TMP21001, a Temporary Use Permit for a tent on Lot 2 Riverfront Subdivision, together with the findings of fact and condition as recommended by Staff.” 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. Condition: 1. The approval is valid until November 1, 2021. Thank you, David McWilliams, Town Planner 970-749-4023 cmcwilliams@avon.org TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner RE: MJR20006 – PUBLIC HEARING – Major Development Plan on Lot 1 Riverfront Subdivision – 42 Riverfront Lane DATE: January 15, 2021 Jim Telling, with EW Riverfront East Investor, LLC (the Applicant) requests that this application be tabled, pending design changes. RECOMMENDED MOTION: “I move to table case #MJR20006, pending design changes.” Thank you, David McWilliams, Town Planner 970-749-4023 cmcwilliams@avon.org TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner RE: PUD20003 –PUBLIC HEARING – Use amendments on Lot 2 Riverfront Subdivision – 126 Riverfront Lane DATE: January 10, 2021 STAFF REPORT OVERVIEW: This Staff report contains one Minor Planned Unit Development (PUD) Amendment application for consideration by the Planning and Zoning Commission (PZC). PZC will make a recommendation to Town Council, who will take final action on the item. SUMMARY OF REQUEST: Geoffrey Grimmer (“the Applicant”), representing Zealous Schools, proposes a Minor PUD amendment to add “micro-schools” as a Special Review Uses (SRU) in the Riverfront PUD. The amendment is in anticipation of a proposed micro-school (defined for this application as a modern version of a one-room schoolhouse, with multiple grades in the same classroom). The applicant selected a vacant space for the school (Unit C-100) in anticipation of the successful application processes. The application states there will be a maximum of 24 students and four (4) coaches, meeting regularly for nine (9) months a year from 9am – 3pm. If this application is approved by the Avon Town Council, the applicant would still need to obtain a Special Review Permit from the Planning and Zoning Commission after another public hearing. PROCESS: This request is processed under §7.16.060(h), Amendments to a Final PUD, Avon Development Code (ADC). Subsection (1)(ii), sets forth criteria for a Minor Amendment, while subsection (2)(ii) sets forth the review procedures for the same process. According the Avon Development Code, a proposed PUD amendment is considered minor if it meets the following criteria for decision and has been determined as such by the Director: (A) The PUD amendment does not increase density, increase the amount of nonresidential land use or significantly alter any approved building scale and mass of development. (B) The PUD amendment does not change the character of the development and maintains the intent and integrity of the PUD. (C) The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. The application, as submitted, meets the criteria for a Minor Amendment. The review procedures require a public hearing with the PZC. Council will make the final decision after another public hearing and action on 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 provided to property owners within 300’ of the property on January 6, 2021. Additionally, a notice was published in the Vail Daily on January 8, 2021. Certification of these requirements can be obtained from the office of Community Development. STAFF ANALYSIS: PZC should base the decision for modifying allowed uses based on 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. In this case, the allowed-by-SRU items of the Riverfront PUD include: Theaters; Churches; Bed and Breakfast lodges; and temporary facilities not approved under the Temporary Facilities section. The addition of micro-schools to this section seems appropriate, as most of these SRU items include a coming and going of a group of people at the same time. Staff is unsure if the space in front of the Westin or somewhere else is most appropriate for staging pick-up and drop-off, and feels the subsequent SRU process (with SRU criteria listed below) will provide the right frame in which to allow the use. K-12 schools are allowed in the zone districts outlined from ADC Table 7.24-1, below. Most of the properties within Avon’s Town Core (Town Center (TC) zoned properties and adjacent Mixed-Use Commercial (MC), Neighborhood Commercial (NC), Shopping Center (SC) and PUD zoned properties) do not allow schools. A full K-12 school would not be appropriate in this location. The smaller nature of a micro-school may be appropriate for this area. Public infrastructure, services, and built form all are conducive to allowing a micro-school as an SRU. Use Type P - Permitted Use S = Special Review Use Use-Specific Regulations Residential Nonresidential RD RL RM RH RH-C NC MC TC SC P PF IC OLD College or university (nonexempt) S P S P P 7.24.050(a) School, K-12 (public and private) P P P P P P P 7.24.050(a) School, vocational- technical and trade P P 7.24.050(a) ADC Sec. 7.24.050(a), referenced above as a use-specific regulation states, “Public Uses. Where permitted in a district, public uses (as identified in Table 7.24-1, Allowed Uses) must conform to siting and use provisions of the Avon Comprehensive Plan.” The application’s conformance with the Comprehensive Plan is analyzed below. CURRENT PUD STANDARDS: The images below illustrate the uses allowed in the PUD. If approved, “Micro- school” would appear on the first image under Special Review Uses for Lot 2 and as the fifth Special Review Use in the second image. GROSS LEASABLE FLOOR AREA: The Riverfront PUD includes a commercial floor area minimum requirement of 20,000 square feet. Unit C-100 is 1,750 square feet of commercial space and this application appropriates the space for non-commercial use. Shown below, this commercial space reduction will remain in conformance with the PUD. As an SRU, future potential micro-school applications would also be required to meet this standard. PARKING: Unit C-100 is allocated 8 spaces as a commercial space per the PUD. This allocation should be sufficient for the changed use. The current SRU categories are uncategorized for parking requirements, and in Staff’s opinion this change in use does not merit a specific allocation because the age group attending this micro- school are not driving and so there is only short-term drop-off anticipated. PUD AMENDMENT REVIEW CRITERIA: Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the PZC shall consider the following criteria when forming the basis of a recommendation: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Staff Response: When the Riverfront PUD was established, Lot 2 was designed for commercial and retail development on the ground floor. While many of these commercial spaces are thriving, other spaces are not meeting their potential. Increasing uses allowed by SRU would reinvigorate space, fill a community need, and generally benefit the community. Any summer use of the space is unknown. The stated purposes of §7.04, Development Code, AMC, and §7.16.060, PUD, AMC, includes statements regarding the implementation of the Comprehensive Plan; regulating intensity of use; avoiding increased demands on public services and facilities; and providing for compatibility with the surrounding area, among other statements. Open space provisions, access, preservation of the river corridor, trails, and sidewalks are established and unaffected with this amendment. Other development standards would remain intact (i.e. allowed uses, parking, design standards). The Application advances many Comprehensive Plan policies (discussed below), along with subsections (m) from the Purpose Statement of the Development Code, which states, “Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural resources and attain sustainability”. RIVERFRONT VILLAGE PUD TRACKING SHEET 12/18/2020 ONE RIVERFRONT Westin Timeshare West Lodge Townhomes Residences Residences Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 TOTAL PUD REMAINDER Maximum Commercial GLFA - 26,088 5,340 - - - - 31,428 40,000 8,572 Minimum Commercial GLFA - 26,088 5,340 - - - - 31,428 20,000 11,428 Dwelling Units 53 132 52 36 19 2 2 296 456 160 Meeting Space Minimum - 4,328 - - - - - 4,328 3,000 1,328 Site Coverage (acres)0.656 1.260 0.441 0.446 0.460 0.053 0.056 3.37 4.73 1.35 Site Coverage (% of whole 18.9 acre site 3.5%6.7%2.3%2.4%2.4%0.3%0.3%17.8%25.0%7.2% (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: Staff finds no detrimental effects on the public health, safety and/or welfare of the Town, its residents, or guests. Safety of students during drop-off and pick-up times can be addressed during the SRU application process. (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). The Comprehensive Plan includes this property within District 2: The Riverfront District. It encompasses all property surrounding the Eagle river along the entire length of Town. The planning principals for The Riverfront District speak heavily to connectivity and respecting the river environment. All of the planning principles are included herein. • 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: 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.1.1: Include sufficient land for public uses such as schools, recreation, community facilities, and government services. Policy F.1.9: Locate schools, parks, and other civic facilities near trails, sidewalks, and transit facilities. (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: 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: No impacts exceeding those expected with the current development plan approval are anticipated. Impacts are generally contained within the property and would be mitigated accordingly. Drop-off and pick-up concerns can be addressed during the SRU application process. (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Staff Response: The future uses on the subject tracts would remain primarily hotel/ resort/ commercial and is consistent with other properties in the vicinity. SRU REVIEW CRITERIA: If the application is approved, 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; (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; (3) The proposed use is compatible with adjacent uses in terms of scale, site design and operating characteristics; (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; (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 (6) Adequate assurances of continuing maintenance have been provided. Staff Response: These criteria are sufficient to judge this specific school application, and any additional school applications in the future. RECOMMENDED MOTION: “I move to recommend that the Avon Town Council approve Case #PUD20003, an application for a Minor PUD Amendment for Lot 2 Riverfront PUD, with the findings outlined by Staff.” Findings: 1. The application meets the eligibility requirements for a Minor PUD Amendment by not increasing density, increasing the amount of nonresidential land use, or significantly altering any approved building scale or mass of development; 2. The application is complete; 3. The application provides sufficient information to allow PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. There is no extra demand for public services or infrastructure exceeding current capacity by the Application; 6. The PUD Amendment does not substantively change the character of the development and maintains the intent and integrity of the Riverfront PUD which consists of common development standards and architectural theme established in the design guidelines; and 7. The application is in conformance with AMC §7.16.060(e)(4), Review Criteria, and compared to the underlying zoning, the Minor PUD Amendment is not likely to result in significant adverse impacts upon the natural environment. OPTIONAL MOTION IN THE NEGATIVE: “I move to recommend that the Avon Town Council deny Case #PUD20003, an application for a Minor PUD Amendment for Lot 2 Riverfront PUD, citing the following findings: 1. The application meets the eligibility requirements for a Minor PUD Amendment by not increasing density, increasing the amount of nonresidential land use, or significantly altering any approved building scale or mass of 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; 4. The application is not in compliance with the goals and policies of the Avon Comprehensive Plan; and 5. The PUD Amendment changes the character of the Riverfront PUD.” Attachments: A: Narrative B: Floor Plan Link: Comprehensive Plan Riverfront Village Minor PUD Amendment Lot 2 Riverfront Village PUD Submitted: December 27, 2021 For TOA Review Attachment A A. Introduction The applicant, Zealous Schools, an independent microschool, is hereby requesting a Minor PUD Amendment to Lot 2, 126 Riverfront Lane, Unit C-100, by way of a Special Review Use. Much has been written about the positive impact schools have on the character and “placemaking” within their host community, yet schools rarely fall into the tripartite zoning categories of residential, commercial or industrial. Compounding this ambiguity is the unique character of a microschool, a sort of “one room schoolhouse” with innovative methods and technologies. Zealous Schools is not a “ski school”, and it is not a “personal services” business yet it is highly consistent with the Avon Comprehensive Plan (see responses below). We are a non-profit (501c3) community with 24 students and four coaches that meets on a regular nine month school calendar, five days a week from 9am-3pm from August through May. The latest education theory reveals that children are most engaged when their topics of study are locally relevant, connected to their natural interest, and harness their existing strengths. Zealous seeks a curriculum that inspires service to the host community. Meanwhile, microschools across the United States have found win-win relationships with property owners seeking to add vibrancy to existing commercial corridors. Further, the recent global pandemic has resulted in larger education institutions seeking smaller learning groups to optimize the physical health of their children. Finally, record disenrollment among Colorado children from public schools are creating innovative niche school communities in both urban and rural locales. B.Criteria for Review Section 7.16.060. (e)(4) establishes the criteria for review of a PUD amendment. Section 7.16.060(e)(4) states: Review Criteria. The PZC and Town Council shall consider the following criteria as the basis for a recommendation or decision to rezone a property to PUD Overlay, and approve a preliminary PUD plan, or process a PUD amendment: i. The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in the over what could have been accomplished through strict application of otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in the open space provision and access: environmental protection; trees / vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Applicant Response: Zealous has collected favorable testimonials from a broad Attachment A range of business owners at their flagship campus in Eagle, CO. These statements of support tend to expose that our microschool community has brought regular traffic and implied patrons to a variety of local shops and restaurants. We have brought laughter to once hollow corridors, young naturalists to river ways, bikes to bikepaths, riders to bus routes, traffic to the library, games and laughter to parks, and critical thinking to community challenges. In the case of Avon, Zealous represents the opportunity to add creative placemaking to the Riverfront Village while gaining the support of that village in inspiring local kids. Avon and the Riverfront Village can expect “turn key” volunteers for local events; a diverse collection of guest speakers from around the county and state; academic seminars like creative writing and young entrepreneurs; art workshops like drawing, painting, printmaking and pottery; after-school clubs like LEGOs, chess, and coding; and innovative tinkerspace and makerspace drop-ins offering 3D printing and virtual reality explorations. When it comes to benefits for the town, there are endless possibilities. ii) The PUD rezoning will promote the public health, safety, and general welfare; Applicant Response: Promoting health, safety and general welfare will be viewed as a minimum standard for Zealous Schools. It is the aim of our organization to inspire both kids and adults, locals and visitors, educators and families to engage in a new “spirit of adventure”, all of which promotes the mental and spiritual health of the community. Also, all of our staff are required to be CPR/First Aid certified and 100% of our current coaches are certified as wilderness first responders, adding medical awareness to our campus and the places we “jump off” to on the trails and in town. When we ride bikes as a group we have “courteous cluster” norms that promote conservative decision making. We promote a philosophy with the kids called “AAH”, which is approachable, accountable and humble. iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7. I 6.060(b); The eligibility criteria for a PUD are outlined in Section 7. I 6.060(b) and state the following: I) Property Eligible. All properties within the Town of Avon are eligible to apply for PUD approval. 2) Consistency with Comprehensive Plan. The proposed development shall be consistent with the Avon Comprehensive Plan. 3) Consistent with PUD Intent the proposed development shall be consistent with the intent and spirit of the PUD purpose statement in §7. I 6.060(a). 4) Compatibility with Existing Uses. The proposed development Attachment A shall not impede the continued use or development of surrounding properties for uses that are permitted in the Development Code or planned for in the Avon Comprehensive Plan. 5) Public Benefit. A recognizable and material benefit will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be infeasible or unlikely. 6) Preservation of Site Features. Long-term conservation of natural, historical, architectural, or other significant features or open space will be achieved, where such features would otherwise be destroyed or degraded by development as permitted by the underlying zoning district 7) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses in the PUD projects, and to ensure compatibility between uses and the surrounding neighborhood. Applicant Response: We view ourselves as being highly compatible with the 2017 Avon Comprehensive Plan. Our curriculum is steeped in carbon-conscious learning, imagining a near future where our kids will live with robust clean energy infrastructure. Our river health unit in science allows for kids to explore and research the health of the river and report back with data and analysis of how riparian health can be improved. 75% of our current staff have MAs in Environmental Education, with 50% being graduates of the Walking Mountains Science Center program through CSU. Needless to say, our collective beliefs about the environment stand to benefit the Avon Riverfront District. There are plentiful examples of how Zealous Schools will act upon your “Community Character” objectives but we also view our impact to be an economic one, with many home buyers keen to send their children to a high performing school. And that we are, with our most recent NWEA scores revealing that Zealous has seen 200% growth in both mathematics and reading compared to the national average. We aren’t just good, we are great when it comes to academic achievement for all of our students. With a little planning Zealous will not cause any adverse impacts to parking or vehicle congestion. Our goal in the fall and spring is for 100% of the staff and kids to either walk, ride their bike or ride the bus to school. When necessary, we are looking at the bus stop turn-around at Avon Station as a carpool drop off/pick up, yet we yield to town leaders if there is a superior location/method of accomplishing this task. The purpose of the Development Code is provided in Section 7.04.030 Purposes of the Avon Development Code: Attachment A The Development Code is intended to promote and achieve the following goals and purposes for the Avon community, including the residents, property owners, business owners and visitors: a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; c) Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code; d) Avoid undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality; g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; Attachment A h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; i) Achieve or exceed federal clean air standards; j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist-based economy and preserve property values; I) Promote architectural design which is compatible, functional, practical and complimentary to Avon's sub-alpine environment; m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural resources and attain sustainability; n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy; o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in investment expectations; and p) Promote the health, safety and welfare of the Avon community. Applicant Response: Great schools tend to improve property values and we hope to be part of that trend. Meanwhile, diverse schools tend to create common ground among financially disparate citizens. We hope Zealous Avon can become a platform for meaningful community conversations about race and wealth inequality, and assert ourselves as a tool for social justice in a town that is home to (nearly) equal numbers of Latinx and Anglo citizens. At our Eagle Attachment A campus, Zealous is installing solar panels along with digital monitors (in the window) so passerbys can reflect on our carbon footprint as a small part of the broader county effort to be net-zero by 2030. The spirit of this commitment is significant and will hopefully be contagious in the years ahead. A similar renewable energy initiative in Avon is among Zealous’ 3-year goals and we look forward to building the relationships to get us there. Meanwhile, the opportunity to be the first all-girls’ school in Eagle County has significant potential to inspire brilliant young leaders to make positive changes after matriculation. It also allows for a broader group of educators to explore and witness the innovative learning philosophies that we anticipate at an all-girls campus. 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; Applicant Response: Facility impacts will be negligible relative to the existing use of the space at Unit C-100. Still, we will host fire inspectors to review our space each year and recommend best practice and required installations, like “crash bars” on our back door (facing East) along with a full review of existing electrical and gas infrastructure. Meanwhile, we will host Avon PD to provide tips on cyberbullying, emergency responses and other potential threats to our campus and kids. v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, Including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; Applicant Response: We predict our net-impact to be very positive for this corridor. While there is no predictable impact to air, water, wildlife or storm water management, we hope to be actively involve in the community garden (vegetation) on the South side of the Westin while maintaining strict standards when kids are exploring riparian environments during river lessons. Perhaps the adverse impact we are most concerned with is the sound of children outside the Westin. This is something that will need active management and firm leadership from staff and families. While most folks in this corridor will love hearing the sound of children, laughing and discussing, it only takes one overly-loud child to disappoint a guest with expectations of silence outside their hotel room. Still, we don’t predict those decibel levels to be any higher than the common noise associated with tourist traffic. In all cases we will be very responsive to the expectations of both the Westin and the town at-large, seeking proactive solutions that insure a win-win with guests and residents. 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 Attachment A Applicant Response: With the explicit support of East West Partners, by way of a lease executed on November 23rd (two years with three four-year renewables) we have identified a few areas where easy decisions can be made to mitigate adverse impacts on their mission. Namely, Zealous will not use the East facing double doors of Unit C-100 for any reason besides an emergency evacuation. This will be simple to execute on and allow the hotel guests maximum privacy and solitude while entering and exiting the front lobby towards Riverfront Lane by foot or by vehicle. Meanwhile, Zealous has hired an architect (Saundra Spaeh) to design a restroom facility inside our space so that we will not contribute to any traffic in the public restrooms across the courtyard from our front door. Construction on that restroom will begin once/if the Town of Avon wishes to approve this PUD amendment and subject to review by Town authorities. Similarly, modest signage proposals will be submitted to the Town for approval at the appropriate time and “sign design” has been included as part of this application. Our new Zealous logo, which releases in January, is consistent with the color themes required by the Town and very similar to our neighbors. vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Applicant Response: This application proposes no changes to the existing subject tract. Notes/Research: https://www.denverpost.com/2020/12/15/colorado-school-enroll ment-down-covid/ (Society/Education changing) https://www.researchgate.net/publication/326349722_Exploring _the_Link_between_Rural_Schools_and_Community_Vitality (Link between small rural town schools and general health/vitality) https://ruralschoolscollaborative.org/stories/placemaking-and-sc hools (Schools add placemaking) https://www.next.cc/journey/tools/placemaking (The significance of placemaking) https://www.avon.org/DocumentCenter/View/83/Comprehensive -Plan?bidId= (TOA Comprehensive Plan) Attachment A