PZC Packet 030221Notice Avon Notice of Regular Avon Planning and
Zoning Commission Meeting
March 3, 2021 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_wMyT_f3wTgub
p5HtaH0k7Q 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, MARCH 2, 2021
MEETING BEGINS AT 5:00 PM
VIRTUAL MEETING ONLY
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS
4. BUSINESS ITEMS 4.1. 1990 AND 1910 HURD LANE – LOT5A AND 5B NOTTINGHAM STATION SUBDIVISION – PUBLIC HEARING –
PUD AMENDMENT TO ALLOW SHORT-TERM RENTALS ON THE PROPERTY (TOWN PLANNER DAVID
MCWILLIAMS AND TAMRA NOTTINGHAM)
5. WORK SESSIONS 5.1. CODE TEXT AMENDMENTS – WORK SESSION – STAFF IS IN THE MIDST OF TOWN COUNCIL-LED CODE
AMENDMENTS AND SEEKS DIRECTION ON THE LANGUAGE (TOWN PLANNER DAVID M CWILLIAMS).
5.2. COMMUNITY HOUSING PLAN - WORK SESSION – STAFF IS IN THE MIDST OF TOWN COUNCIL-LED UPDATE TO
THE HOUSING PLAN AND SEEKS DIRECTION ON THE LANGUAGE (COMMUNITY DEVELOPMENT DIRECTOR MATT
PIELSTICKER).
6. CONSENT AGENDA 6.1. MEETING MINUTES
6.1.1. FEBRUARY 2, 2021
6.1.2. FEBRUARY 16, 2021 6.2. RECORD OF DECISION
6.2.1. 5380 EAGLEBEND DRIVE – #MJR20005 – MAJOR DEVELOPMENT PLAN
6.2.2. 5150 LONGSUN LANE - #PUD21001 – PUD AMENDMENT
7. STAFF UPDATES
8. ADJOURN
PLANNING AND ZONING COMMISSION MEETING MINUTES
TUESDAY, FEBRUARY 2, 2021
VIRTUAL MEETING ONLY
1. CALL TO ORDER AND ROLL CALL
Chairperson Jared Barnes called the meeting to order at 5:06 p.m. A roll call was taken, and Planning
Commission members present were Donna Lang, Sara Lanious, and Steve Nusbaum. Also present were Town
Planner David McWilliams, and Planning Director Matt Pielsticker.
2. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS
Action: No conflicts or communication were disclosed.
3. APPROVAL OF AGENDA
Action: Commissioner Nusbaum motioned to approve the agenda with the removal of item 5, due to illness.
Commissioner Lanious seconded the motion and it carried unanimously 4-0.
4. BUSINESS ITEMS 4.1. 5380 EAGLEBEND DRIVE - LOT 1, BLOCK 2 EAGLEBEND SUBDIVISION - PUBLIC HEARING MAJOR
DEVELOPMENT PLAN PROPOSAL FOR AN ADDITION ABOVE THE GARAGE (TOWN PLANNER DAVID MCWILLIAMS
& GUY ERICKSON).
Public Comment: None.
Action: Commissioner Lanious motioned to approve Case #MJR20005 with the following findings and condition:
Findings:
1. The Application was reviewed pursuant to §7.16.080(f), Development Plan,
2. §7.16.090(f), Design Review. The design meets the development and design standards established in the
Avon Development Code;
3. The Application is complete;
4. The Application provides sufficient information to allow the PZC to determine that the Application complies
with the relevant Review Criteria;
5. The Application complies with the goals and policies of the Avon Comprehensive Plan;
6. The demand for public services or infrastructure exceeding current capacity is mitigated by the Application;
and
7. The design relates the development to the character of the surrounding community.
Condition:
1. All light fixtures on the property shall be dark sky compliant prior to completion of the addition.
Commissioner Nusbaum seconded the motion and it carried unanimously 4-0.
4.2. 5150 LONGSUN LANE- LOT 61 BLOCK 4 WILDRIDGE SUBDIVISION - PUBLIC HEARING – PUD LOT SPLIT TO
CHANGE THE LOT FROM DUPLEX RIGHTS TO RIGHTS FOR TWO SINGLE FAMILY HOUSES (TOWN PLANNER DAVID
MCWILLIAMS & JEFF MANLEY).
Public Comment: A note from Mark & Tami Marto was shown to PZC.
Action: Commissioner Nusbaum motioned to continue the case until the February 16 meeting. Commissioner
Lanious seconded the motion and it carried unanimously 4-0.
5. CONSENT AGENDA 5.1. JANUARY 19, 2021 MEETING MINUTES 5.2. RECORD OF DECISION –
5.2.1. 4311 EAGLEBEND DRIVE – #PUD20002 - PUD AMENDMENT
5.2.2. 950 WEST BEAVER CREEK BOULEVARD - #TEN19001 - CONDITION OF APPROVAL
5.2.3. 998 WEST BEAVER CREEK BOULEVARD – #MNR20051 - M INOR DEVELOPMENT PLAN
5.2.4. 126 RIVERFRONT LANE – #TMP21001 - TEMPORARY USE
Action: Commissioner Nusbaum motioned to approve the consent agenda. Commissioner Lang seconded the motion
and it carried unanimously 4-0.
6. STAFF UPDATES
Staff mentioned PZC appointments, future agendas, and outreach.
7. ADJOURN
There being no further business before the Commission adjourned the meeting at 7:13 p.m.
These meeting minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate
records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office. RESPECTFULLY SUBMITTED:
_________________________________
David McWilliams, Town Planner
APPROVED:
__________________________________
Chairperson
PLANNING AND ZONING COMMISSION MEETING MINUTES
TUESDAY, FEBRUARY 16, 2021
VIRTUAL MEETING ONLY
1. CALL TO ORDER AND ROLL CALL
Chairperson Jared Barnes called the meeting to order at 5:06 p.m. A roll call was taken, and Planning Commission
members present were Donna Lang, Sara Lanious, Marty Golembiewski, Anthony Sekinger, Trevor MacAllister,
and Steve Nusbaum. Also present were Town Planner David McWilliams, Planning Director Matt Pielsticker, and
Town Attorney Paul Wisor. Mayor Sarah Smith-Hymes attended as a member of the public.
2. SWEARING IN OF NEW COMMISSIONERS: MARTY GOLEMBIEWSKI/TERM ENDING MAY 2021, ANTHONY
SEKINGER/TERM ENDING MAY 2021, TREVOR MACALLISTER/TERM ENDING MAY 2022 (TOWN CLERK BRENDA
TORRES)
Action: Brenda Torres swore the new Commissioners in.
3. APPROVAL OF AGENDA
Action: Commissioner Sekinger motioned to approve the agenda. Commissioner Lanious seconded the motion and
it carried unanimously 7-0.
4. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS
Action: No conflicts or communication were disclosed.
5. BUSINESS ITEMS 5.1. 5150 LONGSUN LANE- LOT 61 BLOCK 4 WILDRIDGE SUBDIVISION – CONTINUED PUBLIC HEARING – PUD
LOT SPLIT TO CHANGE THE LOT FROM DUPLEX RIGHTS TO RIGHTS FOR TWO SINGLE FAMILY HOUSES (TOWN
PLANNER DAVID MCWILLIAMS & JEFF MANLEY).
Public Comment: None.
Action: Commissioner Nusbaum motioned to approve Case #PUD21001 with 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 and mass of the development;
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 is in conformance with §7.16.060(e)(4), Review Criteria, ADC, and compared to the
underlying zoning, the Minor PUD Amendment is not likely to result in significant adverse impacts
upon the natural environment or neighboring properties;
5. The application complies with the goals and policies of the Avon Comprehensive Plan;
6. The Application does not change the character of the development and maintains the intent and
integrity of the PUD with two residential dwelling units on the Property; and
7. The Application promotes the public health, safety and welfare over that of the existing development
rights for a duplex because the Applicant is imposing stricter standards than the existing development
standards.
Conditions:
1. Storm water drainage easements between property lines shall be demonstrated with a subdivision
application; and
2. Plat Note 9 will be amended to state that roof overhangs, decks and terraces are not allowed to
extend beyond the building envelope.
Commissioner MacAllister seconded the motion and it carried unanimously 7-0.
5.2. 5150 LONGSUN LANE- LOT 61 BLOCK 4 WILDRIDGE SUBDIVISION – WORK SESSION – PRELIMINARY DESIGN
(TOWN PLANNER DAVID MCWILLIAMS & JEFF MANLEY).
Action: Commissioners asked questions and made design comments relating to the two structures presented in the
PUD Amendment application. Commissioners Nusbaum and Lang left the meeting.
6. ART IN AVON – WORK SESSION - UPDATE ON (1) ART AROUND AVON PROGRAM; AND, (2) AVON RECREATION
MURAL P ROJECT (CULTURAL, ARTS & SPECIAL EVENTS MANAGER DANITA DEMPSEY).
Action: The art programs were presented.
7. CONSENT AGENDA 7.1. FEBRUARY 2, 2021 MEETING MINUTES 7.2. RECORD OF DECISION –
7.2.1. 5380 EAGLEBEND DRIVE – #MJR20005 – MAJOR DEVELOPMENT PLAN
Action: Commissioner Lanious motioned to move the consent agenda items to the next meeting due to lack of
quorum for PZC members attending the February 2 meeting.
8. STAFF UPDATES Action: Staff presented various updates including projects on engage.avon.org.
9. ADJOURN
There being no further business before the Commission adjourned the meeting at 6:43 p.m.
These meeting minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate
records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office. RESPECTFULLY SUBMITTED:
_________________________________
David McWilliams, Town Planner APPROVED:
__________________________________
Chairperson
PZC Record of Decision: MNR20005 Page 1 of 1
PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION
DATE OF DECISION: February 2, 2021
TYPE OF APPLICATION: Major Development Plan PROPERTY LOCATION: Lot 1, Block 2, Filing 1 Eaglebend Subdivision
FILE NUMBER: MJR20005
APPLICANT: Guy Erickson
This Record of Decision is made in accordance with the Avon Development Code §7.16.080(c): DECISION: Approval of the development plan with the following findings and condition:
FINDINGS:
1. The 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. All light fixtures on the property shall be dark sky compliant prior to completion of the addition.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________
PZC Chairperson
PZC Record of Decision & Recommendation - File#PUD21001 Page 1 of 1
PLANNING AND ZONING COMMISSION RECORD OF DECISION
DATE OF DECISION: February 16, 2021
TYPE OF APPLICATION: Minor PUD Amendment- Wildridge Lot Split
PROPERTY LOCATION: Lot 61 Block 4 Wildridge Subdivision
FILE NUMBER: PUD21001
APPLICANT: Jeff Manley
This decision is made in accordance with the Avon Development Code §7.16.060:
DECISION: Recommendation for Town Council to approve the application pursuant to 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 and mass of the development;
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 is in conformance with §7.16.060(e)(4), Review Criteria, ADC, and compared to the
underlying zoning, the Minor PUD Amendment is not likely to result in significant adverse impacts
upon the natural environment or neighboring properties;
5. The application complies with the goals and policies of the Avon Comprehensive Plan;
6. The Application does not change the character of the development and maintains the intent and
integrity of the PUD with two residential dwelling units on the Property; and
7. The Application promotes the public health, safety and welfare over that of the existing development
rights for a duplex because the Applicant is imposing stricter standards than the existing
development standards.
Conditions:
1. Storm water drainage easements between property lines shall be demonstrated with a subdivision
application; and
2. Plat Note 9 will be amended to state that roof overhangs, decks and terraces are not allowed to
extend beyond the building envelope.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________
PZC Chairperson
Page 1 of 8
TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner
RE: PUD21002 – PUBLIC HEARING – Short-Term Rental Use
Amendment – Lot 5A and 5B Nottingham Station
Subdivision
DATE: February 24, 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.
Application Type: Minor PUD Amendment
Property Address: 1990 and 1910 Hurd Lane
Property Zoning: PUD
Property Size: 0.827 and .698 acres
Property Owner: Nancy Nottingham; and Tamra and Darien Underwood
Applicant Name: Tamra Nottingham
SUMMARY OF REQUEST: Tamra Nottingham (“the Applicant”), proposes a Minor PUD amendment to add
“Short-Term Rentals” (STR) as an allowed use on the properties. Short Term Rental is defined as the rental of
property for a total continuous duration of less than thirty (30) days. Currently STR is not expressly allowed and
therefore the properties are precluded from receiving the proper business licensing.
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:
Attachent A
Attachent A
Attachent A
Attachent A
Attachent A
Attachent A
Page 2 of 8
(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 a
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 provided to property owners within 300’ of the property on February 17, 2021.
Additionally, a notice was published in the Vail Daily on February 19, 2021. Certification of these requirements
can be obtained from the office of Community Development.
STR HISTORY: The STR Overlay district was created in 2009 to clarify permitted STR areas, for a majority of
the valley floor area. During the public hearings related to the creation of the overlay, several iterations of the
map were presented to the Town Council and public for review. Most of the early versions of the overlay district
included areas of Nottingham Road, Eaglebend Drive, and even the Wildridge Subdivision. A determination was
made that the overlay could not legally be placed on PUD zone districts (i.e. Wildridge, Eaglebend), without
individual PUD amendments. Through further modifications to the STR Overlay approving Ordinance, these
properties were removed from the overlay. The map below is the current overlay in orange, with the PUDs that
explicitly permit STR in green.
After the STR Overlay district was approved, various PUD zoned properties came through the Minor PUD
Amendment process for the explicit ability to permit this land use. Those include the following:
- Stonebridge Cluster Homes. 19 single-family homes located at 3000 Eaglebend Drive.
- Lodge at Brookside and Signature Lofts, 70 townhome and condominium units located at 37243 Highway 6.
- Canyon Run, 70 condominium units located at 120-400 Hurd Lane (immediately west of Applicant’s properties)
Page 3 of 8
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. This PUD amendment would add two additional properties to be
allowed STR, adjacent to the Canyon Run property. The STR designation for these properties appears
appropriate due to the proximity of services and tourist infrastructure.
Parking: Both properties appear to have at least three (3) parking spaces, thus complying with the ADC parking
standards. There is no parking requirement associated with STR.
Pedestrian Access: The properties are well served by Avon buses and located relatively close to the Riverfront
Gondola or Elk Lot for resort access. A separated pedestrian path abuts and connects the properties to essential
services in Town.
Current PUD Standards: The image below illustrates the allowed uses allowed in the PUD. If approved, “Short-
Term Rental” would appear on the image.
Analogous Zone Districts: Some low and medium density housing is included in the STR overlay.
Page 4 of 8
PUD AMENDMENT REVIEW CRITERIA: Pursuant to §7.16.060(e)(4), Review Criteria, ADC, 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 PUD amendment addresses a unique situation in that neighboring properties are included
in the STR overlay and this one is not.
§7.16.060, PUD, ADC, 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. The Application advances some Comprehensive Plan policies (discussed
below).
(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. The Town’s walkability goals are furthered by this application.
(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 stated purposes of §7.04, Development Code, ADC, are below:
(a) Divide the Town into zones, restricting and requiring therein the location, erect ion, 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 congest ion 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;
Page 5 of 8
(e) Promote adequate light, air, landscaping and open space and avoid undue concentration or
(f) sprawl of population;
(g) 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;
(h) Prevent the inefficient use of land; avoid increased demands on public services and facilities which
exceed capacity or degrade the level of service f or 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;
(i) 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;
(j) Achieve or exceed federal clean air standards;
(k) 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;
(l) 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;
(m) (/) Promote architectural design which is compatible, functional, practical and complimentary to Avon's
sub-alpine environment;
(n) 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;
(o) 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;
(p) 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
(q) Promote the health, safety and welfare of the Avon community.
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 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.
Page 6 of 8
• 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.
A common critique of STR is that they limit the availability of housing for residents and may drive up housing
costs as speculative interests compete with locals for property. On the other hand, locals report that the ability
to offer short term rentals of a spare bedroom, or an entire unit while out of Town, allows them to stay in their
house despite high costs of living. The following Goals and Policies from the Comprehensive Plan should be
referenced for this application:
Goal 8.1: 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 8.2.2: Promote a wide range of residential uses throughout the Town.
Page 7 of 8
(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 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 are anticipated. Impacts
are generally contained within the property and would be mitigated accordingly.
(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 residential and is consistent with other properties
in the vicinity.
RECOMMENDED MOTION: “I move to recommend that the Avon Town Council approve Case #PUD21002, an
application for a Minor PUD Amendment for Lot 5A and 5B Nottingham Station 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, ADC §7.16.060(e)(4);
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 Nottingham Station PUD; and
7. 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
#PUD21002, an application for a Minor PUD Amendment for Lot 5A and 5B Nottingham Station PUD, citing the
following findings:
Page 8 of 8
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, ADC §7.16.060(e)(4);
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 Nottingham Station PUD.”
Attachments:
A: Application Materials
Links:
Comprehensive Plan
Avon Development Code
Thank you,
David McWilliams
970-749-4023
cmcwilliams@avon.org
TO: Planning and Zoning Commission
FROM: David McWilliams, AICP, Town Planner
RE: Code Text Amendments – Work Session
DATE: February 24, 2021
STAFF REPORT OVERVIEW: Town Council directed Staff to initiate some Code Text Amendments (CTAs)
and Staff has also noticed other sections in need of clean-up (not affecting policy). The Planning and Zoning
Commission (PZC) in tasked with helping Staff update Avon Development Code (ADC) language. Staff
organized the sections to show current or proposed text in italics, and Staff comments in standard text. Some
sections only include Staff commentary or questions, while others include proposed language, with strike-out
indicating language to be deleted and underline indicating language to be adopted.
LIST OF PROPOSED CHANGES: The following bullets, with associated ADC sections, are discussed in this
memo.
• PUD Review Criteria language - 7.16.060
• Design Review and Development Plan - 7.16.080 and 7.16.090
• Public Facility District wording - 7.20.080(e)
• Industrial – Commercial Employment Zone District Wording - Table 7.20 – 13
• Live/work Language - 7.24.040
• Parking and loading language - Table 7.28-2
• Exterior Lighting 7.28.090
• Sign Code - illuminated signs and window signs- 7.34
CODE TEXT AMENDMENT REVIEW CRITERIA: According to the ADC §7.16.040(c), Review Criteria,
the PZC and Town Council shall use the following review criteria as the basis for recommendations
and decisions on applications to amend the text of the Development Code. In this case, PZC should use
these criteria to help guide Staff’s proposal:
1. The text amendment promotes the health, safety and general welfare of the Avon community;
2. The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
3. The text amendment promotes or implements the purposes stated in the Development
Code; or
4. The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts or other social or economic conditions.
Staff will provide robust responses to these Criteria during a pending Public Hearing.
PROPOSED CHANGES:
7.16.060 PUD – Review Criteria Reorganized: Staff Question: Does it make sense to have Minor PUD
applications undergo review for all seven (7) of the Review Criteria, below? Could the criteria be reorganized
so that a Minor PUD amendment would only be responsible for the first few, and Major PUD amendments
required to respond to all?
(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.
Design Review into Dev Plan- 7.16.080 and 7.16.090: The separation of Design Review and Development
Plan sections of “Development Review Procedures” seems unnecessary. All development review undergo
review from both sections, and Staff does not anticipate a situation where only one of the sections would be
needed. The language is duplicative and combining the sections makes the ADC more approachable. Staff
kept the majority of the Development Plan section intact and pulled language from the Design Plan purposes
and original review criteria. This way, all the relevant information from the two sections are captured in one.
7.16.080 - Development plan.
The purpose of the development plan review process is to ensure compliance with the development
and design standards and provisions of this Development Code. It is designed to encourage quality
development reflective of the goals, policies and objectives of the Comprehensive Plan.
(a) Purpose. The purpose of the development plan process is to ensure compliance with the
development and design standards of the Development Code prior to the issuance of a building
permit or concurrent with other required permits and to encourage quality development reflective of
the goals and objectives of the Avon Comprehensive Plan. Specific purposes of design review
include:
(1) To prevent excessive or unsightly grading of property that could cause disruption of natural
watercourses or scar natural landforms;
(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;
(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
(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.
(a) Applicability. A development plan shall be required for all new development and any modification to an
existing development or development plan.
(b) Development Plan Categories. Categories of development plans are established and defined as follows
for the purpose of determining the appropriate development plan review procedure:
(1) Major Development Plan. Major development plans include all new building construction over six
hundred (600) square feet;
(2) Minor Development Plan. Minor development plans include the following:
(i) All new building construction six hundred (600) square feet or less;
(ii) Modifications to Dumpster locations;
(iii) Screen wall modifications;
(iv) Landscape modifications, including but not limited to removal of existing vegetation and
addition of new vegetation;
(v) Deck modifications, including but not limited to additions, new construction and materials or
color modifications;
(vi) Mechanical equipment modifications;
(vii) Modifications to the exterior of an existing building, including but not limited to windows,
doors, minor architectural details, colors and materials;
(viii) Modifications to approved development plans which result in a ten-percent or less increase
to lot coverage; ten-percent or less increase to building height; ten-percent or less increase to
the amount of square footage of a land use or structure and does not result in a change in the
types of uses in the project;
(ix) Modifications to approved development plans which do not change the character of the
approved design; and
(x) Other similar changes to a structure or property that do not significantly impact the site layout
or design of a building.
(c) Review Procedures. The general review procedures described in Section 7.16.020, General
procedures and requirements, shall apply to development plan applications. All development plan
applications shall also comply with the procedures listed in Section 7.16.090, Design review. Specific
additions and modifications to the general review procedures are identified below.
(d) Notice and Hearing. PZC shall review and render a decision or recommendation on the development
plan application after conducting a public hearing. Town Council shall conduct a public hearing when
reviewing a Development Plan applicable in the Town Core. Notice of the public hearing shall be
published and posted in accordance with Subsection 7.16.020(d)(1) and mailed notice is not required.
The decision of PZC may be appealed to the Town Council pursuant to Section 7.16.160, Appeal. The
Director shall not conduct a public hearing for administrative review and decision on development plan
applications.
(e) Review Authority. The review authority for a development plan application shall be determined by the
subdivision category.
(1) Major Development Plan. The Director shall review and provide a recommendation to the PZC on
all major development plan applications. The PZC shall render the final decision on a major
development plan, unless the application is located within the Town Core. The decision of the PZC
may be appealed to the Town Council pursuant to Section 7.16.160, Appeal. If an application is
located within the Town Core, the Director shall review and provide a recommendation to the PZC.
The PZC shall review and provide a recommendation to the Town Council. The Town Council shall
render the final decision on a major development plan within the Town Core.
(2) Minor Development Plan. The Director shall review and render decisions on all minor development
plan and minor sign plan applications. The decision of the Director may be appealed to the Town
Council pursuant to Section 7.16.170, Appeal. The Director may refer to the PZC any plan
application that the Director determines warrants review by the PZC.
(f) Review Criteria. The following review criteria shall be considered as the basis for a decision on
development plan applications:
(1) Evidence of substantial compliance with the purpose of the Development Code as specified in
Section 7.04.030, Purposes;
(2) Evidence of substantial compliance with Section 7.16.090, Design review;
(3) Consistency with the Avon Comprehensive Plan The design reflects the long range goals and
design criteria from the Avon Comprehensive Plan and other applicable, adopted plan documents;
(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.; and
(7) 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.
(g) Expiration. A development plan approval expires pursuant to Subsection 7.16.020(h).
(h) Revocation. Approved site plan documents shall be binding upon the applicants and their successors
and assigns. No permit shall be issued for any building or structure or use that is not in accord with the
approved documents or any approved modifications thereto. The construction, location, use or operation
of all land and structures within the site shall conform to all conditions and limitations set forth in the
documents. No structure, use or other element of approved design review documents shall be
eliminated, altered or provided in another manner unless an amended site plan is approved. Any
deviation from the approved development plan as approved shall be grounds for revocation of the
development plan approval.
(Ord. No. 18-19 , §6; Ord. 14-09 §3 ; Ord. 13-09 §2; Ord. 10-14 §3)
7.16.090 - Design review.
The purpose of the design review process is to ensure compliance with the development and design
standards of the Development Code prior to the issuance of a building permit or concurrent with other
required permits and to encourage quality development reflective of the goals and objectives of the Avon
Comprehensive Plan.
(a) Purpose. Specific purposes of design review include:
(1) To prevent excessive or unsightly grading of property that could cause disruption of natural
watercourses or scar natural landforms;
(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;
(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
(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.
(b) Applicability. A design review application shall be required for all new development and improvements,
as well as any modification to an existing development or improvement.
(c) Review Procedures. The design review process shall be a supplemental review for all development
plan applications.
(d) Notice and Hearing. PZC shall review and render a decision or recommendation on the development
plan application after conducting a public hearing. Town Council shall conduct a public hearing when
reviewing a Design Review application in the Town Core. Notice of the public hearing shall be published
and posted in accordance with Subsection 7.16.020(d)(1) and mailed notice is not required. The decision
of PZC may be appealed to the Town Council pursuant to Section 7.16.160, Appeal. The Director shall
not conduct a public hearing for administrative review and decision on development plan applications.
(e) Reviewing Authority. All design review applications shall be subject to the review authority of the
accompanying development plan application.
(f) Review Criteria. The PZC and Town Council shall apply the following review criteria for the basis of
recommendations and decisions on design review:
(1)The design relates the development to the character of the surrounding community; or, where
redevelopment is anticipated, relates the development to the character of Avon as a whole;
(2)The design meets the development and design standards established in this Development Code; and
(3)The design reflects the long range goals and design criteria from the Avon Comprehensive Plan and other
applicable, adopted plan documents.
(g) Expiration. A design review approval expires pursuant to Subsection 7.16.020(h).
( Ord. 14-09 §4 ; Ord. 13-09 §2; Ord. 10-14 §3)
Public Facility District wording 7.20.080(e): This proposed modification clarifies that public employee
housing is intended within the district. “Community Housing” was added to Table 7.24-1 Allowed Uses in
2019 and this modification reinforces that point.
(e) Public Facilities (PF). The PF district is intended to provide sites for public uses such as community
centers, police and fire stations, and governmental facilities, and public employee housing. The uses
permitted in this district are identified by location the in Avon Comprehensive Plan. Unless otherwise set
forth in the Avon Comprehensive Plan, the following dimensional requirements shall apply for the Public
Facility (PF) zone district:
Table 7.20-11
Dimensions for the Public Facilities District
Max. Density
(units/acre)
Min. Lot
Size
(acres or
sq. ft.)
Min.
Lot
Width
(feet)
Max. Lot
Coverage
(%)
Min.
Front
Setback
(feet)
Min. Side
Setback
(feet)
Min. Rear
Setback
(feet)
Max.
Building
Height
(feet)
Max.
Units/
Lot
n/a n/a 40 60 20 20 20 40 n/a
Industrial – Commercial Employment Zone District Wording - 7.20.080(g): Accessory Dwelling Units
(ADU) are a specific type of development, which is tied to a primary residence. Including the ADU language
in this section is contrary to its universally understood definition.
Staff Question: Should there be only one “Use Type” category (instead of the “Mixed Use or IC” and
“Community Housing” sections, and include a third footnote describing the difference?
Staff Question: Staff is contemplating proposing design standards for Dwelling Units in the “Mixed Use or
IC” Use Type row, below. Does PZC support additional restrictions on their design? Examples might include:
Shall not occupy the unit’s entire first floor frontage
Windows and doors match existing
Limit on square footage / number of bedrooms
Clarification of deed restriction
(g) Light Industrial and Commercial Employment District (IC). This district is intended to provide for a
variety of businesses, including warehouses, research and development firms, repair shops, wholesale
distributors, light manufacturing and Community Housing. This district may include supporting office and
commercial uses where appropriate. Uses permitted in this district are intended to serve community and
regional needs. The IC district implements the light industrial commercial and employment classification
of the Avon Future Land Use Plan and should be located along an arterial roadway.
Table 7.20-13
Dimensions for the Light Industrial and Commercial Employment District
USE TYPE
Min.
Lot
Size
(acres
or sq.
ft.)
Min.
Lot
Width
(feet)
Max. Lot
Coverage
(%)
Min.
Landscape
Area (%)
Min.
Front
Setback
(feet)
Min.
Side
Setback
(feet)
Min.
Rear
Setback
(feet)
Max.
Building
Height
(feet)
Max.
Density
Residential
Mixed Use
or IC
21,780
sq. ft. 100 50 20 25 7.5 10 48 See
footnote [1]
Community
Housing
21,780
sq. ft. 100 50 20 25 7.5 10 48 10 du/acre
[2]
[1] Accessory dwelling units are permitted as a special review use pursuant to Section 7.16.100. The
maximum density residential in mixed use project shall be no more than four (4) ADU per acre; provided,
however, on lots located on less than one (1) acre, the Maximum Residential shall be four (4) ADU per lot.
[2] Additional Water Rights Dedication. The dedication of additional water rights may be required as a
condition to approval of development which exceeds the meter size assigned to the property. The Town
may accept cash-in-lieu of dedication in accordance with a water rights dedication impact fee schedule
adopted by ordinance if the Town has adequate availability of surplus water rights as determined by the
Town Council in its sole discretion.
Live/work language - 7.24.040: Live/work dwelling unit is defined in code but not used or useful. Having it
as an allowed use seems confusing, especially given the definition’s ambiguity. Home occupations are
allowed per ADC 7.24.050 so long as they meet the accompanying criteria, and any dwelling unit in Avon is
required to meet Development Standards, ADC 7.28.
7.08.010- General Definitions
Dwelling, live/work means an attached dwelling unit that contains a commercial component of not more
than a specified percentage of the unit's gross floor area.
Table 7.24-1
Allowed Uses
Use Category Use Type
P - Permitted Use S = Special Review Use
Districts in GREY are retired and not available for
rezoning. Use-
Specific
Regulations Residential Nonresidential
RD RL RM RH RH-
C NC MC TC SC P PF IC OLD
Residential Uses
Household
Living
Dwelling,
Single-
Family
Detached
P P S
Dwelling,
Two-Family/
Duplex
P P P S
Dwelling,
Townhouse P P P P P P S
Dwelling,
Multi-Family P
[1] P P P P P S
[1] Limited to
8 units per
building in
RM
Community
Housing P P P P P P P P P P P P P
Dwelling,
live/ work S S S S S S P S
Accessory
DU S S S S S
Dwelling,
timeshare,
interval
ownership or
fractional fee
ownership/
vacation
club
S P P 7.24.050(d)
7.24.060(a)
Group Living
Group
homes S S S S S S 7.24.060(b)
Retirement
home,
nursing
home or
assisted
living facility
S S S S S S
Accommodation
Bed and
breakfast S S S S S P P P
Hotel, motel
and lodge P P P
Parking and loading language - Table 7.28-2: The current language confuses applicants and needs to be
clarified by Staff on a consistent basis. The proposed change would clarify the policy but not change the
meaning.
Residential Uses
Residential and
Accommodation Uses
Dwelling, Single-Family,
Duplex 2 per unit; 3 per unit for units over 2,500 sq. ft.
Dwelling, Multi-Family
Studio/ Lockoff/ Accommodation unit - 1 per unit
1 bedroom/ DU over 2,500 sq. ft. All Other
Dwelling Units - 2 per unit
Guest Parking for Multi-
Family
3-5 units - 2 spaces
5-10 units - 3 spaces
11-15 units - 4 spaces
16-20 units - 5 spaces
21-25 units - 6 spaces
Over 25 units - 7 spaces plus 1 space for each 5
units in excess of 25 up to a maximum of 10
additional spaces.
Group Living
Group Homes 1 per bed plus 1 per 100 sq. ft. of GFA
Retirement home, nursing
home or assisted living
facility
1 per 4 beds and 1 per employee with
consideration to the number of shifts worked.
Exterior Lighting 7.28.090: Staff suggests adding language that ties the lighting code from Chapter 15.30
(building) to Chapter 7 (development). This will make enforcement easier during the application process and
during any code compliance cases, but not ultimately affect policy.
“7.28.090(c)(6) – The location and design of exterior lighting must be compliant with Section 15.30, Outdoor
Lighting Standards, Avon Buildings and Construction, and must be demonstrated at design review.”
Sign code update- illuminated signs and window signs- 7.34: Staff received Town Council direction to
clarify digital signs are allowed by government and to have some kind of appropriate process for private
property (for example, menu boards). Currently, “digital display” signs are permitted as freestanding or wall-
mounted signs on arterial streets. “Interactive signs” are allowed in certain circumstances for pedestrian
areas. Also, a small change in window signs is proposed. Below are select code sections for PZC review.
There are text redline additions and deletions, but they are less well developed than the other sections in this
memo.
Staff Question: In what cases should digital signs or interactive signs be allowed in Town?
Definitions:
Digital Display or Electronic Message Center means a sign that contains changing messages or
images composed of electronically illuminated segments and/or a series of grid lights, including cathode
ray, LED, plasma, LCD, fiber optic, or other electronic media or technology.
Flashing sign means a sign that contains an intermittent or sequential flashing light source used
primarily to attract attention. Does not include changeable copy signs, animated signs or signs that, through
reflection or other means, create an illusion of flashing or intermittent light.
Foot-candle: A unit of incident light (on a surface) stated in lumens per square foot and measurable
with an illuminance meter, a.k.a. footcandle or light meter. One (1) footcandle is equal to one (1) lumen per
square foot.
Freestanding sign means a sign affixed to a supporting structure, imbedded in and extending from the
ground and detached from a building. The term includes pole sign, pedestal sign, monument sign, and
ground sign.
Interactive storefront sign means a digital sign oriented and designed to interact with pedestrians
passing along the adjacent sidewalk.
Window sign means a sign applied, attached to a window or door, or located within thirty-six (36)
inches of the interior surface of a window that is visible and/or legible from the outside.
(d) Permitted Signs Generally. The following signs are permitted subject to obtaining the required sign
plan approvals, unless it is specifically stated below that the sign is exempt from review requirements:
(1) Commemorative signs, cornerstones, and plaques not exceeding two (2) square feet (exempt).
(2) Construction Signs, which must be removed on or before the date of issuance of a certificate of
occupancy for the project (exempt).
(3) Directional/informational signs of six (6) square feet or less each or as indicated on an approved
Master Sign Program (exempt).
(4) Event signs, as part of an approved event permit.
(5) Flags, not exceeding fifty (50) square feet in area, and no flagpole may be higher than thirty-five
(35) feet in all zone districts except residential zones, in which the maximum height shall be twenty-
five (25) feet (exempt). A maximum of two (2) flags per property.
(6) Freestanding signs (Non-digital display, except along arterial streets).
(7) Government signs (exempt, including any digital displays).
(8) Gravestones (exempt).
(9) Holiday displays and decorations (exempt).
(10) Private warning signs (exempt).
(11) Signs showing underground or public utilities (exempt).
(12) Wall Signs.
(13) Non-illuminated Window Signs (exempt, as long as square footage requirements are met).
(14) Required street address signs six (6) square feet and smaller are exempt from the aggregate
sign area.
(15) Project development signs: The Sign Administrator may issue approval for a development sign
meeting these criteria:
i. Not exceed an aggregate of sixteen (16) square feet and eight (8) feet in height.
ii. Not exceed two (2) signs per development project.
iii. Shall be removed if a construction sign is erected or if the project is no longer in the planning
approval process.
iv. In no case shall a sign be retained for more than two (2) years.
(e) General requirements
(5) Lighting. Lighting shall be of no greater wattage than is necessary to make the sign visible at
night, and should not reflect unnecessarily onto adjacent properties. Lighting sources, except neon
tubing, should not be directly visible to passing pedestrians or vehicles, and should be concealed
in such a manner that direct light does not shine in a disturbing manner. Internally Lit signs shall
not be illuminated when the business is closed.
(8) Digital Displays, Electronic Message Centers, and electronic changeable copy signs. Auto-
oriented electronic messages, images, and/or changeable copy signs are permitted along arterial
streets, provided that they meet the following criteria:
i. Such signs shall be equipped with automatic dimmers, which shall be programmed to not
exceed three tenths (.3) footcandles over ambient light levels, and illuminated only during
business hours.
ii. Signs shall not cause distractions to drivers with moving images or similar effects.
iii. Distance from Right of Way
iv. square footage maximum
v. message interval in seconds
vi. Additional Regulations on freestanding signs
(9) Interactive storefront sign are allowed for ground floor commercial uses in the Town Center zone
district, subject to the following regulations:
i. Interactive storefronts must be designed, installed, and maintained to function as a computer-
generated interactive display that responds to the physical activity of engaged pedestrians
passing along the adjacent sidewalk.
ii. Signs shall be placed on the interior of a pedestrian oriented display window.
iii. Messages displayed on interactive storefronts must be oriented towards pedestrians, and not
passing motorists.
iv. Interactive storefront signs count towards the calculation of maximum allowable window
display area, Section (g)(3)(iii).
v. The dimensional maximum of an interactive sign is three square feet or a 28-inch monitor.
Prohibited Signs
(4) Moving, animated, revolving, rotating, or reflective signs.
(21) Signs with lights or illuminations that flash, scintillate, blink, flicker, vary in intensity, or vary in
color.
(X) Additional language limiting digital displays or interactive signs.
LINKS:
Comprehensive Plan
Avon Development Code
Thank you,
David McWilliams
970-749-4023
cmcwilliams@avon.org
Page 1 of 2
TO: Planning and Zoning Commission
FROM: Matt Pielsticker, AICP, Planning Director
RE: Avon Community Housing Plan Amendments – Work Session
DATE: February 25, 2021
SUMMARY: The Avon Community Housing Plan was adopted by Town Council Ordinance 18-07 on August 28,
2018. Since adoption, several housing related efforts have taken place. It is now time to make amendments to the
Avon Community Housing Plan based on accomplishments, new efforts, and changes in policy direction. The
purpose of this work session is to discuss the amendments as preface to an upcoming public hearing, where PZC
will formally consider the changes.
PROCESS: The Avon Community Housing Plan is defined as a subpart to the Avon Comprehensive Plan.
Procedures for amendments to the Comprehensive Plan are as follows:
The PZC shall review applications for amendments to the Avon Comprehensive Plan and shall provide a
recommendation to the Town Council after conducting a public hearing. The Town Council shall render
the final decision on an application to amend the Avon Comprehensive Plan after conducting a public
hearing. Amendments to the Avon Comprehensive Plan shall be approved by ordinance of the Town
Council.
WORK AND ACCOMPLISHMENTS: The following housing-related work took place over the last 2+ years since
adoption of the Avon Community Housing Plan:
• ¡Mi Casa Avon! Deed Restriction Purchase Program.
• Wildwood Housing Work Session and Public Comment
• Wildridge Survey / Wildwood & Firehouse Input
• Inclusionary Housing Ordinance and Fee In Lieu Resolution
• Completed Reserve Study for Wildwood South Deed Restricted Units
• Amendments to the Light Industrial and Commercial (IC) zone district to permit Community Housing
• Fee Waiver Program approved by Town Council for Community Housing projects
AMENDMENTS: These bullet points summarize the anticipated changes to the Avon Community Housing Plan,
presented in the order they appear in the document:
• Goals and Objectives. Update AMI numbers
• The Need. Update paragraph that outlines median price for Avon free-market housing products.
• Strengths & Assets.
o Update Housing Fund Information
o Valley Home Store now supports resales but not compliance.
• Tools & Strategies
o Acknowledge the adopted inclusionary housing policies.
o Acknowledge fee waiver ordinance
• Housing Development and Retention
o Acknowledge ¡Mi Casa Avon! implementation and updates.
o Showcase and highlight Swift Gulch as the primary opportunity on public land.
Page 2 of 2
• Funding
o Update Housing Fund Numbers and policy discussions related thereto
• Appendix A. Remove.
• Appendix B: Update as necessary
• Appendix C: Update with most current numbers.
REVIEW CRITERIA: According to Section 7.16.030(c) of the Avon Development Code, PZC and Council shall
use the following criteria when evaluating these amendments:
(1) The surrounding area is compatible with the land use proposed in the plan amendment or the
proposed land use provides an essential public benefit and other locations are not feasible or
practical;
(2) Transportation services and infrastructure have adequate current capacity or planned
capacity, to serve potential traffic demands of the land use proposed in the plan amendment;
(3) Public services and facilities have adequate current capacity or planned capacity to serve the
land use proposed in the plan amendment;
(4) The proposed land use in the plan amendment will result in a better location or form of
development for the Town, even if the current plan designation is still considered appropriate;
(5) Strict adherence to the current plan would result in a situation neither intended nor in
keeping with other key elements and policies of the plan;
(6) The proposed plan amendment will promote the purposes stated in this Development Code;
and
(7) The proposed plan amendment will promote the health, safety or welfare of the Avon
Community and will be consistent with the general goals and policies of the Avon
Comprehensive Plan.
I will return with a thorough analysis of these review criteria at the public hearing.
ATTACHMENT: Avon Community Housing Plan
Thank you,
Matt Pielsticker
970-749-4413 / mpielsticker@avon.org
Town of Avon
Community Housing Plan
December 2018
Prepared by Willa Williford
2
The Town of Avon seeks to build upon a long history as a high amenity year-round resort community, strength-
ening its vibrant and inclusive community culture. The current Comprehensive Plan sets the vision for diverse
and exciting opportunities for residents, businesses, and visitors. The current housing market, which offers
very few affordable opportunities for year-round residents to put down roots in Avon, poses a challenge to
this vision.
The potential community benefits of increasing workforce housing efforts to include:
More housing choices;•
Increased economic stability and a more active year-•
round economy for local residents and businesses;
Greater ability to retain individuals and families •
throughout life and career phases, strengthening the
sense of community, opportunity, and quality of life;
Further the goals of the Climate Action Plan by reducing •
single occupant vehicle commuting; and
Greater opportunities for arts and culture to thrive.•
Introduction
Goals & Objectives
The Comprehensive Plan sets two housing goals (each with numerous supporting policies):
Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all •
segments of the population.
Coordinate with neighboring communities to provide an attainable housing program that incorporates •
both rental and ownership opportunities, affordable for local working families.
“Avon’s vision is to provide a high quality of life, today and in the future,
for a diverse population; and to promote their ability to live, work, visit,
and recreate in the community.”
- TOWN OF AVON COMPREHENSIVE PLAN, MAY 2017
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Goals and Objectives of this Housing Plan are as follows:
Focus on increasing deed restricted homeownership opportunities •
for households making equivalent of 140% or less of the Area Median
Income - $430,000 for a household of three people in 2018.
Grow the inventory of homeownership and “missing middle” inventory, •
in place of additional rental housing stock, to create a more balanced
portfolio with a long-term goal of 50% rental, 50% ownership.
• When considering new rental housing, prioritize price point, quality
and amenities attractive to “step up” renters and seniors looking to
downsize, focusing on the 80-120% AMI level.
Stabilize or increase the percentage of year-round residents; currently 55% of all dwelling units in Avon are •
occupied by year-round residents.
Stabilize or increase the percentage of Eagle County working residents Avon. •
Seek to add deed restricted units to the inventory in the short term.•
Strengthen regional partnerships with other communities and entities (i.e. Habitat for Humanity, Eagle •
County, other municipalities) to make projects happen.
As sites redevelop, strive for “no net loss” of units in the 80-120% AMI range, and when possible, increase •
housing serving the local year-round population.
Re-evaluate goals and objectives on an annual basis, including the ongoing monitoring of new projects •
and housing stock in the mid-valley; appendices may be updated by Resolution.
The Need
Since the end of the recession, jobs and population have been growing much more rapidly than housing
inventory, creating many challenges:
Frustration for locals seeking housing;•
Employers facing unfilled positions, turnover, higher training costs, and lost productivity; •
Precipitous increases in home prices, well beyond the means of most local residents; •
Extremely low vacancy rates, resulting in limited choices and rising costs for renters; and•
Negative impacts on individuals and families, who are spending a disproportionate amount of their in-•
come on housing, commuting long distances, and living in locations or situations that are not sustainable
for the long term.
Median price for all dwelling units sold in Avon in 2017 was $438,000. Condominiums accounted for 71%
of these sales, with a median price of $358,500. The median price for single family dwellings, duplexes and
townhomes was $850,000. The price affordable to a median income family is less than half than that, at about
$316,000. Only four dwelling units were on the market for $316,000 or lower in early 2018. The rental market
is similarly challenging: vacancy rates have been approaching zero, and since 2007, average rental rates have
risen 48% across the Eagle River Valley.
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Strengths & Assets
Avon can build on existing assets and previous housing initiatives:
An inventory of 670 price-controlled housing units, 63 of which are deed restricted for sale units that •
were a result of successful PUD negotiations;
An Affordable Housing Fund balance of $675,000. As the Housing Fund increases, the additional fund •
should be leveraged to meet the goals of the plan;
A partnership with The Valley Home Store for monitoring and compliance of deed restrictions on for-sale •
units;
Employee housing mitigation requirements for some new commercial development;•
History of regional collaboration with public sector, non-profit and private sector on housing issues;•
Significant opportunities for development and redevelopment, with water rights, transit access, and •
existing available density on vacant and underutilized private parcels;
Commercially zoned land that may also be appropriate for residential development; and•
Adopted Comprehensive Plan, which sets housing as top policy priority.•
To meet the needs of local employees in the Eagle River Valley, over 4,000 additional dwelling units will be
required by 2020. In mid-valley, which includes Eagle-Vail, Avon, and Edwards, 1,500 dwelling units will be
needed. Subsidies or public/private partnerships are anticipated to be required for the majority of these
dwelling units to be financially feasible and affordable to local employees.
Avon and the mid-valley are highly desired locations for local households. In a recent survey of Eagle River
Valley households, 40% of renters and 39% of owners selected mid-valley as their first choice for where they
want to live.
The challenges with regard to housing need are significant. With this Plan, the Town of Avon is setting goals,
objectives, and action steps to respond. The Town’s resources include land, funding, staff time, and policy
making. Recognizing that the Town of Avon alone cannot address the housing need, these resources will be
used to leverage opportunities and create partnerships.
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Tools & Strategies
In order to achieve these goals and objectives, the following tools and strategies should be pursued. Tools and
strategies are organized into three categories: Housing Development and Retention, Funding, and Housing
Policy. A timeline for implementation is included in Appendix A.
Housing Policy
The Town of Avon seeks to use both incentives and regulations to create a policy environment that is favorable
for local housing. The Town has a strong track record in including employee housing in PUD approvals. The
Town will continue to encourage, and, in some instances, require local housing in new planning approvals.
Initiatives to update and strengthen housing policies will include:
Review existing code for opportunities to increase the year-round occupancy of the existing housing •
stock, including consideration of short term rental, accessory dwelling units, and lock-off incentives
and regulations.
Update mitigation/linkage policies• to be more proactive in addressing housing needs. Current policies
are limited to very narrowly defined locations and development requests, and the current mitigation rate
is low compared with peer communities.
Consider implementing an • inclusionary housing policy. Inclusionary housing was considered in the 2010
code update, but was not adopted at that time. Inclusionary housing is a tool to create housing affordable
to locals. It is recommended to look at inclusionary housing and mitigation/linkage at the same time, to
better understand how the two tools complement each other, support policy goals, and maintain a level
playing field for commercial and residential development.
Conduct a • comprehensive review of fees associated with new construction and formalize a fee waiver/
reimbursement process for new housing that meets the goals of the plan.
Housing Development and Retention
A top priority is pursuing housing development on Town owned land. Two parcels, identified in the Town
of Avon Properties Plan, are appropriate to move forward with housing development in the next three years.
These sites are Wildwood and Swift Gulch.
This Plan is recommending that public outreach and feasibility analysis for Wildwood move forward this year.
Preliminary analysis for Swift Gulch can begin when there is a clear path forward for finance, entitlements,
and construction for Wildwood. Both sites are anticipated to be developed through public/private partner-
ships.
Two strategies have been identified to preserve market rate attainable housing that is currently at risk of
being lost to locals through rapid price increases and/or redevelopment. The first strategy is to “buy-down”
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Funding
Local funding is a key ingredient to building and maintaining housing
units. Investing (or “leveraging”) local funds is essential to attracting
the outside funding sources such as grants, loans, tax credits and pri-
vate investments that, when combined, make housing development
financially feasible. Currently, the Avon Housing Fund has a balance
of about $675,000. It is anticipated that those funds will be invested
in the efforts outlined in this Plan, and that additional funds will be
needed moving forward. A two-step process is envisioned to secure
additional local funds for housing. The first step will be to review current revenue streams and determine
if additional funds can be directed to housing efforts through the annual budgeting process. This review will
begin at the end of 2018. Depending on the outcome of the first step, the second step will be to seek oppor-
tunities for new funding sources, which could include approaches such as increased linkage fees, regional
collaboration, and/or support for a local ballot initiative. Public/private partnerships are also a funding strat-
egy, generating potential access to grants, below market loans, and resources such as the Low Income Hous-
ing Tax Credit.
The Town of Avon understands the regional nature of housing, transportation and employment in the Eagle
River Valley. In pursuit of local year-round housing, the Town will continue to participate in regional studies,
seek opportunities to participate in regionally significant housing developments beyond Town boundaries,
and participate in employer forums, and be an advocate for other regional initiatives.
attainable market rate units and preserve their affordability with a permanent deed restriction. Nearby
precedents for this approach include Vail InDEED and Eagle Valley Ranch. This is a homeownership strat-
egy. The second strategy is to explore mechanisms such as mobile home preservation, acquisition, and
right of first refusal to preserve properties that currently house locals. A right of first refusal creates the
opportunity for the Town to purchase and preserve these assets, if the owner decides to sell and the Town
decides the property is a priority and is able to secure finance timely. This is a mobile home and multi-
family housing strategy. This program development is anticipated to begin in 2019.
Investing in maintenance of current inventory of deed restricted housing is an important component
of housing development and retention. Much of the affordable rental housing inventory has recently been
renovated, however, the homeownership inventory is in need of capital planning and reinvestment. The
Town of Avon has recently contracted with The Valley Home Store to assist with compliance monitoring
and re-sale of deed restricted properties. The next phase of this effort will be to conduct a capital needs
assessment of the home ownership assets and make a plan for funding and implementing capital improve -
ments. This effort is anticipated to begin in 2020.
Cultivating additional public/private partnerships for housing are additional strategies that will be on-
going. Collaborative efforts with Eagle County, other municipalities, and local employers are imperative
when fostering new opportunities for housing development and retention.
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Investment Criteria
As the Town of Avon seeks to deploy monies from the Avon Housing Fund, the Town will evaluate
opportunities based on the following criteria:
Does the program or project meet the goals and objectives of the Comprehensive Plan and this Housing 1.
Plan?
Does the investment fill a gap that would otherwise keep the proposed program or project from moving for-2.
ward?
Does the program or project encourage resource conservation, energy efficiency and sustainable develop-3.
ment? Does the location offer access to multi-model transportation options and other services?
Is there participation from other regional partners, public and/or private?4.
APPENDIX A: AVON COMMUNITY HOUSING PLAN -WORK PLAN
Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
DEED RESTRICTED UNIT INVENTORY - CAPTIAL ASSESSMENT Lead
Determine Management & Capital Reserves for key properties Planning
Report to Council on Findings Planning/Council
Partner with HOAs to complete HOA Reserve Studies Planning
FORMALIZE FEE WAIVER PROGRAM FOR WORKER HOUSING
Review Town of Avon building and planning fees Planning
Formalize Fee Waiver Program Council
CODE AMENDMENTS - ADUs, STRs, INCLUSIONARY ZONING
Review current and previous ordinances and calculations Planning
Conduct outreach Planning
Revise and recommend adoption PZC
Consider for Adoption Council
WILDWOOD HOUSING PROJECT
Conduct Feasibility Planning/Engineer
Report to Council on Findings* Planning/Engineer
REVIEW REVENUE STREAMS & EVALUATE FUND CONTRIBUTIONS
Include annual allocation for housing in budget process Finance
Approve fund transfers each year during budget approval Council
PARTICIPATE IN REGIONAL STUDIES, SITE ANALYSIS, FORUMS Planning
CULTIVATE PUBLIC-PRIVATE PARTNERSHIPS Manager
*18 months estimated to select partner(s), entitlements, financing, and construction.
APPENDIX B – Definitions and Best Practices
Topic Definition Best Practices
Inclusionary Housing A percentage of residential units in new
subdivisions/PUDs are workforce housing. Market homes
support workforce units. Only effective if new
subdivisions/PUDs are developed/ redeveloped.
Carbondale, Eagle,
Eagle County, San
Miguel County
Linkage/Mitigation Requiring new residential and/or commercial
development to contribute to workforce housing
relative to demand generated by the new construction.
For residential, mitigation rate often increases with
house size, and deed restricted units are typically
exempt. Fees in lieu provides revenue stream that
fluctuates with building activity. Documented
relationship between fee and impact required.
Telluride, Aspen, Mt.
Crested Butte
Fee Waivers Water/sewer tap fees, building permit or other fees
waived in part or whole to reduce cost to build
affordable housing. General funds or other source need
to cover cost of fees waived.
Breckenridge, Crested
Butte
Dedicated Funding
Source
Funding is a core component of building housing and
running successful housing programs. Few programs
begin with funding; rather finding funding is an
incremental process that goes hand in hand with
creating goals and objectives, developing policies,
securing appropriate land for housing, and moving
forward with public/private partnerships. Dedicated
funding sources take many forms including grants, fee in
lieu payments, taxes, voluntary assessments, proceeds
from rents or sales.
Summit County,
Steamboat Springs,
Crested Butte, Aspen,
Telluride
Public/Private
Partnerships
Partnering with developers to build attainable units,
typically on publicly-owned sites, or using other public
resources such as property tax exemption. RFQ/RFP
process effective for selecting development partners.
Ownership of land can be retained with long-term land
leases.
Eagle County, Vail,
Breckenridge, Boulder
Land Banking Acquiring land for eventual housing development when
specific project is not known.
Summit County, Vail,
Boulder County,
Breckenridge,
Telluride
Buy Down of Market
Homes
Usually involves buying down units with public funds.
Deed restrictions imposed for permanent affordability.
Inability to obtain condo mortgages can result in units
being rented. Public sector purchases can drive up prices
for low-end market units.
Breckenridge,
Telluride, Whitefish
MT
No Net Loss Policy Requiring replacement of housing occupied by the
workforce when redevelopment occurs. Similarly-priced
units should be replaced on site or another site, or a fee-
in-lieu of replacement could be allowed.
Boulder, Basalt
APPENDIX C - Area Median Income for Eagle County 2018
Area Median Income for Eagle County, 2018
Household Size 1 2 3 4 5 6
AMI Classifications
Extremely Low (30% AMI) $18,270 $20,880 $23,490 $26,070 $28,170 $30,270
Very Low (50% AMI) $30,450 $34,800 $39,150 $43,450 $46,950 $50,450
60% AMI (LIHTC max) $36,540 $41,760 $46,980 $52,140 $56,340 $60,540
Low (80% AMI) $48,720 $55,680 $62,640 $69,520 $75,120 $80,720
Median (100% AMI) $60,900 $69,600 $78,300 $86,900 $93,900 $100,900
Moderate/Middle (140%
AMI) $85,260 $97,440 $109,620 $121,660 $131,460 $141,260
Upper (200% AMI) $121,800 $139,200 $156,600 $173,800 $187,800 $201,800
Source: CHFA
Affordable Home Price Calculation by AMI, 2018
AMI % 30% 60% 100% 140% 200%
Household Income – 3 persons $23,490 $46,980 $78,300 $109,620 $156,600
Affordable Purchase price
Affordable monthly payment (30%) $587 $1,175 $1,958 $2,741 $3,915
Principal & interest (80% of pmt) $470 $940 $1,566 $2,192 $3,132
HOA, taxes, insurance (20% of pmt) $117 $235 $392 $548 $783
Mortgage Interest rate 5.00% 5.00% 5.00% 5.00% 5.00%
Max mortgage $47,515 $175,030 $291,717 $408,404 $583,434
Max Affordable Price -5% down $92,000 $184,00
0
$307,00
0
$430,000 $614,000
Affordable Rent $587 $1,175 $1,958 $2,741 $3,915
Affordable purchase prices were calculated assuming that a household would have 5% for a
down payment, and would qualify for a loan at 30% of their monthly income. HOA, property
taxes and insurance of 20% were included in loan amount. The maximum mortgage assumes
an interest rate of 5%, which is about half point higher than prevailing rates for 30-year fixed
rate mortgages. Interest rates are rising, however, and will have a profound impact on housing
affordability. A one-point increase in the rate, as occurred in 2013, would drop the affordable
purchase price for a median income household by $30,000 to $35,000.