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PZC Packet 100521_______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE 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 AVON PLANNING AND ZONING COMMISSION MEETING AGENDA TUESDAY, OCTOBER 5, 2021 - MEETING BEGINS AT 5:00 PM AVON TOWN HALL - 100 MIKAELA WAY, AVON, CO 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. BUSINESS ITEMS 4.1. 2481 DRAW SPUR, UNIT 3, WILDRIDGE FENCE- PUBLIC HEARING – MINOR DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE FOR FENCE WITH WIRE MESH (PLANNING DIRECTOR MATT PIELSTICKER AND M ARCIA FINCH). 4.2. 420 W. BC BLVD / NORTH RESTROOMS– R EFERRAL & PUBLIC HEARING –MINOR DEVELOPMENT PLAN FOR R ESTROOM BUILDING PATH AND LANDSCAPING I MPROVEMENTS (PLANNING DIRECTOR MATT PIELSTICKER AND PEDRO CAMPOS). 4.3. ONE LAKE ST. / EAST RESTROOMS– REFERRAL & PUBLIC HEARING – MAJOR DEVELOPMENT PLAN FOR RESTROOM BUILDING, PARKING, AND ASSOCIATED LANDSCAPING IMPROVEMENTS (PLANNING DIRECTOR MATT PIELSTICKER AND PEDRO CAMPOS). 4.4. AVON COMMUNITY HOUSING PLAN AMENDMENTS - PUBLIC HEARING – REVIEW AMENDMENTS AND MAKE RECOMMENDATION TO TOWN COUNCIL (PLANNING DIRECTOR MATT PIELSTICKER AND TOWN MANAGER ERIC HEIL) 5. CONSENT AGENDA 5.1. APPROVAL OF MINUTES FROM SEPTEMBER 7, 2021 PZC MEETING 5.2. APPROVAL OF MAJOR DEVELOPMENT PLAN RECORD OF DECISION FOR 38460 HIGHWAY 6 CONDOMINIUM AND TOWNHOME PROJECT / MJR21007 5.3. APPROVAL OF ALTERNATIVE EQUIVALENT COMPLIANCE RECORD OF DECISION FOR 38460 HIGHWAY 6 CONDOMINIUM AND TOWNHOME PROJECT / AEC21006 6. STAFF UPDATES 6.1. VILLAGE (AT AVON) DRB MEMBER & REFERRAL PROCESS 6.2. FRONTGATE AVON CONDOMINIUMS AND TOWNHOMES 7. ADJOURN 970-748-4413 mpielsticker@avon.org TO: Planning and Zoning Commission FROM: Matt Pielsticker, AICP, Planning Director RE: MNR21034 and AEC21007 Public Hearing Lot 80, Block 1, Wildridge Subdivision / 2481 Draw Spur DATE: September 27, 2021 STAFF REPORT OVERVIEW: This staff report contains two applications for consideration by the Planning and Zoning Commission (“PZC”): Minor Development Plan and Alternative Equivalent Compliance (“AEC”) for a proposed fence on the property (the Application). SUMMARY OF REQUEST: Marcia Finch (“the Applicant”) proposes a 3 ½ foot tall, two-rail split rail fence with mesh to enclose a portion of the back yard. Fences in Wildridge are subject to strict standards, detailed below. Deviation from the Avon Development Code (“ADC”) for material and enclosed area requires an AEC application, public hearing, and final decision by this board. Vicinity Map with Lot 81 Highlighted in Red Page 2 of 7 PUBLIC NOTICE: Notice of the public hearing was published in the September 24, 2021 edition of the Vail Daily in accordance with Sec. 7.16.020(d) of the Avon Municipal Code (“AMC”). Mailed notice is not required for this application type. There have been no public comments received on the Application. PROPERTY DESCRIPTION: The Property is located at the end of Draw Spur culdesac in the Wildridge Subdivision. The Property is situated such that the back of the structure, and associated useable open space, is located facing the street. Topography is steep, dropping from the structure down to the cul-de-sac and entrance. The yard contains trees of variety sizes and age, with mostly native grasses. View of the back yard Page 3 of 7 Fence Across street at 2458 Draw Spur, Approved in 201 by PZC AEC - RECOMMENDED MOTION: “I move to approve Case #AEC21007, an Alternative Equivalent Compliance application for Lot 80, Block 1, Wildridge Subdivision together with the findings as recommended by staff." Findings: 1. The proposed application was reviewed pursuant to §7.16.120, Alternative Equivalent Compliance; 2. The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; 3. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; 4. The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; 5. The proposed wire mesh does not impose greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Code; 6. The maximum square footage requirement for Wildridge Fences was modified by Ordinance 2021-09, taking effect on September 10, 2021; and 7. This application was submitted before the Ordinance went into effect and complied with the previousl (after such time this application honors the previously stated regulation of 2,000 square feet. MNR21034 - RECOMMENDED MOTION: “I move to approve Case #MNR21034, an application for Minor Design and Development Plan for Lot 80, Block 1, Wildridge Subdivision together with the findings of fact outlined by staff.” Findings: 1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan; 2. The design meets the development and design standards established in the Avon Development Code, with alternative design approved by AEC application; Page 4 of 7 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 of the fence relates to the character of the surrounding community and other similar improvements. ALTERNATIVE ACTIONS: • Deny the application: If the fenced area or wire mesh are disagreeable to PZC, staff suggests denying the application. • Continue the Public Hearing: If PZC feels that more information is needed, staff suggests continuing the applications to your next regularly scheduled meeting. FENCE REGULATIONS: Section 7.28.080(b), of the ADC offers the following intent and design of fence structures in Wildridge: “Within the Wildridge Subdivision and RLD Zone Districts. All fences require approval from the Avon Planning and Zoning. Although discouraged in Wildridge and Wildwood, fences should complement the property and landscape rather than contain the property. The following review criteria apply for the review of fence applications: (i) Fence material shall be wood and no more than four (4) feet in height; (ii) Fences shall be constructed using a split rail design with no more than two (2) horizontal rails; (iii) Fences shall not be located closer than 7.5 feet from the property lines; (iv) Fences shall not enclose an area of one thousand two hundred (1,200) square feet or more; (v) Fences shall ensure that wildlife migration is not negatively affected with the proposed fence design ; (vi) If a fence is part of a multi -family project, approval shall be received from the association and the fence design shall be integrated with the overall landscape design of the property; (Revised Ord 2021-09)” Staff Response: The Application fences in the rear portion of the applicant’s yard. The fence would be 3.5’ tall and less than the maximum permissible 4’ requirement. The fence does not follow property lines and is located more than 7.5’ from property lines. While fences are required to be made of wood only, aesthetically appropriate two-rail split rail fences with mesh have been approved by PZC on several occasions. Other similar examples from the Wildridge nieghborhood include: 2458 Draw Spur (2017), 2511 Old Trail (2019), 2646 Bear Trap (2019), 2345 Fox Lane (2019), 5749 Wildridge Road East (2020), 5161 Longsun Lane (2021). PZC has rarely allowed deviations from other code requirements (i.e. height,. Given the topography of the lot and the maturity of existing trees on the Property, the fence should blend well with the overall landscape. Page 5 of 7 Design intent View of Property from cul-de-sac MINOR DEVELOPMENT PLAN & DESIGN REVIEW - REVIEW CRITERIA: § 7.16.080(g), Development Plan 1. Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; Staff Response: Staff finds the Application generally compliments the property and intent of the subject design standards. Page 6 of 7 2. The design conforms with the Avon Comprehensive Plan and other applicable, adopted plan documents; Staff Response: The site is located in the Northern Residential District (District 11 of the Comprehensive Plan, linked below), which states, “The character for the developed landscape should reflect the area’s dry climate and typically steep terrain with low water-requiring plant materials and natural landscaping. Due to the limited number of existing trees and shrubs and the open character of the property, special care should be taken to ensure that all structures are compatible with one another and in harmony with the natural surroundings.” Despite the wire mesh and square footage of the fence not conforming to code, it is supported by staff due to the topography of the site and meeting the general intent of the fencing standards. 3. Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; Staff Response: Not applicable. 4. 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; Staff Response: The analysis contained in this staff report, including AEC analysis, addresses all applicable ADC standards. 5. 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 Staff Response: Not applicable. 6. The development design conforms with the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole. Staff Response: The Wildridge subdivision includes a variety of architecture for structures, and most landscaping is minimized with native grasses, primarily aspen and spruce trees, boulder retaining walls, and minimized sod areas. The Stonebriar townhomes are true to the nature of the surrounding community, and the addition of a fence maintains the overall character. 7.16.120 ALTERNATIVE EQUIVALENT COMPLIANCE: Alternative equivalent compliance is a procedure that allows development to meet the intent of the design-related provisions of the code through an alternative design. It is not a general waiver or weakening of regulations; rather, this application procedure permits a site-specific plan that is equal to or better than the strict application of a design standard specified in the Development Code. This procedure is not intended as a substitute for a variance or administrative modification or a vehicle for relief from standards in this Chapter. Alternative compliance shall apply only to the specific site for which it is requested a nd does not establish a precedent for assured approval of other requests. AEC Review Criteria: The PZC shall use the following review criteria as the basis for a decision on an application for alternative equivalent compliance: 1. The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; 2. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; 3. The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and 4. The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Title. Staff Response: According to the Applicant, the fence will be installed with mesh to keep pets in the yard, and the wire mesh will be almost invisible. While the fence deviates from the design standards for Wildridge, this fence type is minimally visually Page 7 of 7 obtrusive and does not impact the neighborhood. It is integrated with the landscaping and does not impact views. Therefore, the Application achieves the intent of the development standards to the same degree without causing great impacts on adjacent properties. ATTACHMENT: A. Application Materials LINKS: Avon Development Code Avon Comprehensive Plan Attachment A Attachment A Attachment A Elizabeth Brown “Lizann” 2481 Draw Spur Unit 3 Avon, CO September 23, 2021 New request for Application AEC21007, in conjuncture with application MNR21034 We were informed yesterday that a new size restriction has been added to the criteria for fences. In deciding to purchase this property we reviewed the rules for fences on the Avon website and determined that a fence of the size submitted in the above applications would be allowed in the backyard. Contract for property was signed June 19, with close on August 11. Quinn, a Vizsla, most deﬁnitely needs the fence as requested to stretch out his legs and run off his bird dog energy. He is not a fan of dog parks. A fast runner like him can really get picked on. Quinn and Trudi are very much house dogs that enjoy their supervised time outside. In good faith we bought this property, in a part because of the backyard area and knowing we were within Avon’s guidelines to put in the requested fence. We have dutifully made application for each part as directed by the city. Due to the lack of notiﬁcation of the fence size change during the purchase and application time frame, we would greatly appreciate you allowing the fence as requested. The fence will not extend to the property line and has been approved by the Homeowners association. Lizann is looking forward to her move to Avon as a full time resident. Thank You, Marcia Brown Finch( Lizann’ s sister) Attachment A 970-748-4413 mpielsticker@avon.org TO: Planning and Zoning Commission FROM: Matt Pielsticker, AICP, Planning Director RE: Minor Development Plan (Referral) – Public Hearing North Restrooms DATE: September 28, 2021 STAFF REPORT OVERVIEW: This staff report contains one application for consideration by the Planning and Zoning Commission (“PZC”): Minor Development Plan (“Application”) for public restroom building and landscaping improvements to the north park entrance. Application Type: Minor Development Plan Alternative Equivalent Compliance Property Address: 420 W. Beaver Creek Boulevard Property Zoning: Parks (“P”) Property Size: .65 Acre Applicant: Town of Avon PROCESS: The PZC reviews this Minor Development Plan and will make a recommendation to the Avon Town Council after conducting a public hearing. The Town Council takes action after another public hearing. PUBLIC NOTICE: Notice of the public hearing was published in the September 24, 2021 edition of the Vail Daily in accordance with Sec. 7.16.020(d) of the ADC. Mailed notice is not required for this application type. There have been no public comments received on the Application. BACKGROUND: Portable restroom facilities have been used in this area of the park. Increased visitation to the park has occurred over the last several years, largely due to popularity of the beach and additional event programming. The Town Council has expressed interest in citing permanent restrooms in this area of the park. The desire is to build restrooms before any discussion of a beach expansion or additional programming. Community survey results have consistently marked public restrooms as the top priority for park improvements – beginning with the 2008 Park Plan survey, to the recent community wide survey completed this summer. DEVELOPMENT STANDARDS – This section of the report outlines the pertinent use (ADC Section 7.24) and development (ADC Section 7.28) standards for the Property, with commentary for each. Page 2 of 4 Use – The Town Council rezoned the property from Residential High Density (RH) to the Parks (P) zone district in 2019. Parks (P) zoning permits all governmental services and facilities, including restrooms and other support uses. Setbacks – The Application is in compliance with the 20’ Side setbacks. Building Height – The structure is well within the 40’ height requirement for the Property. Aerial of Property 7.28.020 Parking and Loading – Not applicable 7.28.030 Access Drive Requirements – Not applicable. CHAPTER 7.28 – DEVELOPMENT STANDARDS CHAPTER 7.24 – USE REGULATIONS Page 3 of 4 7.28.040 Mobility and Connectivity – Connecting the parking lot to the park with an Americans with Disabilities Act (ADA) compliant route is required by code and is an overall benefit for the project. Replacement of the path was recommended by the 2008 Park Plan. At staff’s recommendation, a more direct non-compliant path has been studied to ensure multiple convenient options for park users. Existing path and trees looking toward beach and lake 7.28.050 Landscaping – The site contains a number of mature trees bordering the west and east property lines. While it still required additional study, one tree may need to be removed in order to accommodate the ADA path location. Otherwise, minimal landscaping is proposed. Perennials and a boulder wall are included near the restroom structure to fit the building into the site. 7.28.060 Screening – Not applicable. 7.28.070 Retaining Walls – One boulder retaining wall is included between the stairwell and the restroom structure. This wall can also be used as a seating area if necessary. 7.28.080 Fences – Not applicable. 7.28.090 Design Standards – The proposed building is in compliance with the design standards and in harmony with other recent park improvements. It utilizes “high quality, durable building materials.” (j) – Mixed Use and Non-Residential Standards. The Application appears to comply with the general requirements, including four-sided design. (vii) Building Materials – High quality building materials and finishes are included in the Application. Staff has no concerns with the proposed design or durability with materials. (ix) – Roofs. The roof pitch is presented as 2:12 pitch, and a 4:12 pitch is required per code. The roof would have sedum plantings on top, which should minimize visual dominance of the structure Page 4 of 4 from the street side of the project. An Alternative Equivalent Compliance (AEC) application would need to be presented and approved by Council. MAJOR DEVELOPMENT PLAN & DESIGN REVIEW - REVIEW CRITERIA: § 7.16.080(g), Development Plan 1. Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; Staff Response: Staff finds the Application compliments the property and intent of the purpose statements in the ADC. These improvements add to the quality of life for residents and guests visiting Harry A. Nottingham Park. Further, the architectural design is compatible with neighboring improvements, functional, practical, and complimentary to Avon’s sub-alpine environment. 2. The design conforms with the Avon Comprehensive Plan and other applicable, adopted plan documents; Staff Response: The site is located in the Nottingham Park District (District 3 of the Comprehensive Plan), which states, This District includes a park, town hall, library, elementary school, and the recreation center, and functions as a community activity center. Good pedestrian circulation through the area exists, but needs enhancement to respond to key future developments in the Town Center District and the Riverfront District. Views from the park and the performance pavilion are also key components to the District. An extension of Town Center urban design principles can provide needed consistency between districts. The design is in compliance with the overarching Comprehensive Plan principles. 3. Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; Staff Response: Not applicable. 4. 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; Staff Response: The analysis contained in this staff report documents conformance with zone district, use, and development standards. The Town Council would need to process an AEC application for roof pitch variation. 5. 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 Staff Response: The park is served by city and special district services. One reason the building was cited closer to the parking is because the sewer line crosses the middle of the Property and this location avoids the need for a pump station facility. 6. The development design conforms with the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole. Staff Response: The design of these park improvements very much support and enhance the existing surrounding community. The improvements relate to other high-quality improvements completed as part of the West Harry A. Nottingham Park project. ATTACHMENT A: Schematic Development Plans REVIEW CRITERIA Copyright © 2021 by Zehren & Associates Inc. FFE 54 RESTROOMS EXISTING PATHWAY 6059 55 54 58 57 56 5352 7458 7460 7456 7454 7452 7450 74 4 8 7462 7464 7452 7 4 4 6 74 6 2 PROPOSED PATHWAY UNDERGROUND ELECTRIC BOX RAILINGS EXISTING EVERGREENS 8.3% 8.3% 8.3% 5% 15'11.5'56.1 58.6 58.5 60.8 61.19 61.48 60.91 PARKI N G L O T BOULDER WALL PERENNIAL PLANTINGS 54.3 FOOT & EQUIPMENT WASH STATION STONE STEPS 5150 48 54 MEN'S XXX WOME N ' S XXX JANIT O R / MECH A N I C A L XXX CHANGINGSTATIONCHANGINGSTATION+54.0' T/O FF +54.0' T/O FF +54.0' T/O FF 49 ALTERNATE NON-ADA PATHWAY DEMOLISH TREE 5% 50.72 50.7 54 5%PROPOSED PATHWAY11.29%8'8' 5' 5' 8' SCALE: 1" = 10' 5'10'0 20' SCHEMATIC DESIGN MEN'S XXX WOMEN'S XXX JANITOR / MECHANICAL XXX CHANGINGSTATIONCHANGINGSTATION+54.0' T/O FF +54.0' T/O FF +54.0' T/O FF X X X XX XXX22'-212"24'-7"22'-212"24'-7"5'-0"3'-0" ROOF ABOVE Copyright © 2021 by Zehren & Associates Inc.N SCALE: 1/4" = 1'-0" 2'4'0 8' A1.1 1 MAIN LEVEL FLOOR PLAN 1/4" = 1'-0" X X X XX XXX22'-212"24'-7"22'-212"24'-7"WALL BELOW SEDUM ROOF 2:12Copyright © 2021 by Zehren & Associates Inc.A1.4 1 ROOF PLAN 1/4" = 1'-0" N SCALE: 1/4" = 1'-0" 2'4'0 8' Copyright © 2021 by Zehren & Associates Inc.A2.1 1 SOUTHEAST CORNER NTS A2.1 2 SOUTH ELEVATION 1/4" = 1'-0" A2.1 3 SOUTHWEST CORNER NTS A2.1 4 NORTHEAST CORNER NTS SCALE: 1/4" = 1'-0" 2'4'0 8' 01 *ALL MATERIALS, COLORS AND FINISHES TO MATCH EXISTING MATERIALS WITHIN CURRENT PARK STRUCTURES 02 03 04 05 06 Stone Wood Siding Metal Panel Wood Trim Dark Bronze Metal Windows Sedum Roof C Proposed East Restrooms A Avon Performance Pavilion B Avon Restrooms Copyright © 2021 by Zehren & Associates Inc. 970-748-4413 mpielsticker@avon.org TO: Planning and Zoning Commission FROM: Matt Pielsticker, AICP, Planning Director RE: Major Development Plan (Referral) – Public Hearing East Restrooms DATE: September 28, 2021 STAFF REPORT OVERVIEW: This staff report contains one application for consideration by the Planning and Zoning Commission (“PZC”): Major Development Plan (“Application”) for public restroom, parking, and landscaping improvements. Application Type: Major Development Plan in Town Core Alternative Equivalent Compliance Property Address: One Lake Street Property Zoning: Public Facilities (“PF”) Property Size: 46.8 Acres Applicant: Town of Avon APPLICATION ELEMENTS: The Application includes numerous improvements, including: - One story public restroom structure - Four (4) new parking stalls between railroad tracks and site - Silom retaining walls - Seating walls bordering north edge of site and recreation path - Landscaping, seating areas, field viewing areas, and path connections. - Xeriscape garden planting areas PROCESS: The PZC reviews this Major Development Plan and will make a recommendation to the Avon Town Council after conducting a public hearing. Since the property is located in the “Town Core”, the Avon Development Code (“ADC”) requires final action by Town Council. The Town Council takes action after another public hearing. PUBLIC NOTICE: Notice of the public hearing was published in the September 24, 2021 edition of the Vail Daily in accordance with Sec. 7.16.020(d) of the ADC. Mailed notice is not required for this application type. There have been no public comments received on the Application. BACKGROUND: Various planning efforts lead to the Town relocating historical municipal functions from One Lake Street to the other locations in Town. Earlier this year, PZC reviewed site diagrams for the East Harry A. Nottingham parking improvement project. The Avon Town Council ultimately directed staff to proceed through schematic drawings for these improvements, including direction to serve approximately 2,000 patrons with the restroom portion of the project. This project is slated to move forward to construction documents later this year, with construction as early as spring 2022. Page 2 of 8 DEVELOPMENT STANDARDS – This section of the report outlines the pertinent use (ADC Section 7.24) and development (ADC Section 7.28) standards for the Property, with commentary for each. When helpful, I have included quoted development standards in their entirety. Use – Zoned Public Facilities (PF); all government facilities are a use by right in this zone district. Setbacks – The Application is In compliance with the 20’ Side and Rear setbacks. Building Height – In compliance with 40’ height requirement. 7.28.020 Parking and Loading – The majority of the parking stalls on the Property remain in tact. There is a row of parking stalls added between the building and the railroad tracks . A net increase of four (4) spaces is added to this area of the site. The parking stalls meet the minimum size requirements of code. The code requires 9’ x 18’ stalls and the plans indicate 10’ x 20’ stall dimensions. Surfacing is with asphalt, which is acceptable per code. 7.28.030 Access Drive Requirements – This section is not applicable to the Application. 7.28.040 Mobility and Connectivity – Bicycle and pedestrian paths are either maintained or enhanced with this Application. Internal path connectivity is added within and through the site. Bicycle facilities will be included in the construction plans for the project. 7.28.050 Landscaping – As part of the building demolition the majority of vegetation and irrigation has been destroyed and/or removed from the site. A “significant” tree was preserved near the existing stairwell that connects the path with the western parking lot. The plans include two types of retaining walls: vertical wall with seating along the recreation path, and sandstone boulder wall above the southern parking area. The retaining walls and landscaping are in compliance with the landscaping regulations. Hydrozones must be included in an irrigation plan. 7.28.060 Screening – Mechanical equipment placement is yet to be determined. This equipment must be screened in order to meet the development standards. Existing refuse containers are screened from public view. If the electrical utility infrastructure on the southwest corner of the site cannot be screened with landscaping or masonry wall(s), those facilities should be painted muted colors or incorporate artist painting in order to meet “alternative screening” standards. CHAPTER 7.28 – DEVELOPMENT STANDARDS CHAPTER 7.24 – USE REGULATIONS Page 3 of 8 7.28.070 Retaining Walls – As noted above, the retaining walls are in compliance with the retaining wall standards, with stepped walls to avoid excessive grading. No walls are over seven (7) feet, and therefore in compliance with code. Per code: The design of retaining walls shall be constructed of mate rials 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. The retaining walls utilize boulders and stone veneer siding, with colors intended to match other related public improvements. 7.28.080 Fences – Not applicable. 7.28.090 Design Standards – The proposed structure is certainly in compliance with “high quality, durable building materials.” According to the design standards, the preferred materials reflect the Town’s sub - alpine character such as native stone, wood siding, masonry or timbers. There are no concerns with materiality or the use of materials that are reflective of Avon’s mountain community. Unison is found with other nearby building including the performance pavilion and the recently remodeled restroom near the playground. (c) – General Applicable. The roof overhangs are incorporated into the building design. Additionally, the standards encourage consideration to snow shedding in pedestrian areas. The plan calls for a sedum roof along with solar panels. The snow shedding is not a concern on the northern roofline based upon the (natural) sedum qualities. Snow shedding on the southern roof form will be mitigated as the solar panels may cause additional runoff. A lighting plan must be provided in order to confirm compliance with the Outdoor Lighting Ordinance. This is recommended as a condition of approval. (j) – Mixed Use and Non-Residential Standards. The Application appears to comply with the general requirements, including four-sided design. Equal attention to building quality and detail is provided throughout the project site. (vii) Building Materials – High quality building materials and finishes are included in the Application. Durability and compatibility with neighboring improvements are well thought out and compliant with this code section. (ix) – Roofs. While generally in compliance with the mixed-use roofing standards, the roof pitch is presented as 2:12 pitch, and a 4:12 pitch is required per code. Therefore, an Alternative Equivalent Compliance (AEC) application would need to be presented and acted on by Council. Keeping the roofs at a 2:12 pitch helps minimize the dominance of thi s structure and works well with the sedum roof as well. Two different roof designs are presented for PZC consideration and recommendation: one diagonal pitch and one straight pitch. Page 4 of 8 7.28.100 Natural Resource Protection – The solar panel array meets the code requirements and specifies flush mounted panels on the southern roofline. MAJOR DEVELOPMENT PLAN & DESIGN REVIEW - REVIEW CRITERIA: § 7.16.080(g), Development Plan 1. Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; Staff Response: Staff finds the Application compliments the property and intent of the purpose statements in the ADC. These improvements add to the quality of life for residents and guests visiting Harry A. Nottingham Park. Further, the architectural design is compatible with neighboring improvements, functional, practical, and complimentary to Avon’s sub-alpine environment. 2. The design conforms with the Avon Comprehensive Plan and other applicable, adopted plan documents; Staff Response: The site is located in the Nottingham Park District (District 3 of the Comprehensive Plan, linked below), which states, This District includes a park, town hall, library, elementary school, and the recreation center, and functions as a community activity center. Good pedestrian circulation through the area exists, but needs enhancement to respond to key future developments in the Town Center District and the Riverfront District. Views from the park and the performance pavilion are also key components to the District. An extension of Town Center urban design principles can provide needed consistency between districts. The planning principles speak to implementation of the 2017 Tract G planning effort’s recommendations, maintaining flexible space for temporary concession facilities, ensuring passive activity spaces are preserved, and preservation of view corridors to Beaver Creek. 3. Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; Staff Response: Not applicable. 4. 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; Staff Response: The analysis contained in this staff report documents conformance with zone district, use, and development standards. The Town Council would need to process an AEC application for roof pitch variation. 5. 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 Staff Response: Tract G is served by all city and special district services. Construction plans for these improvements would need to be reviewed by emergency services, and the Eagle River Water and Sanitation District (ERWSD) prior to construction. Water and wastewater lines run down the recreation path immediately north of the restroom and expanded park area. 6. The development design conforms with the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole. Staff Response: The surrounding area includes the park, the Main Street Mall, and Riverfront subdivision. The design conforms and advances the high-quality standards that have been established or are emerging in the district. REVIEW CRITERIA Page 5 of 8 This most public portion of Town will benefit from continuation of the exceptional design palette being carried through this project. The material, hardscape, and furniture plan documents the intent of design and materiality. BACKGROUND: The following timeline attempts to capture relevant policy directives for the property, through the lens of the Town’s long range planning documents. A summary of highlighted policy from each document is presented on the following pages to explain the evolution of the site. 2006 Comprehensive Plan. This community wide plan started to contextualize this area as the focal point for the Town, acknowledging that it could become an anchor a future main street. 2006 Comprehensive Plan Policies: - Program enhancements to better activate and enhance the park as Avon’s primary recreational and cultural center. - Strengthen this area by including amenities such as a performing arts pavilion, maintaining flexible space for temporary concession facilities, and providing a western anchor to main street. Nottingham Park has developed into the cultural epicenter of the Town. By developing the event pavilion and programming a diverse selection of events and activities, the park has matured into a true anchoring point. LONG RANGE PLANS Page 6 of 8 2007 West Town Center District Investment Plan: The Investment Plan lead to the realignment of Lake Street and full design of a one-way street, which would have terminated into Lake Street near the old Town Hall. The Investment Plan included the relocation of Town Hall and envisioned a private hospitality use on the subject parcel. Policies: o Maintain views to Beaver Creek o Automobile access facing the park is strongly discouraged. o Inn at Nottingham Park Hotel Concept The first phase of the Investment Plan, realigning Lake Street and developing Avon Station (transit hub) were completed shortly after the plan. With the great recession, plans for a vehicular main street were shelved, as were most elements of the Investment Plan. Maintaining views to Beaver Creek continue to be an important element when programming the site. 2009 Master Plan for Harry A. Nottingham Park: The public process and resulting park plan document were the first step in fully realizing the potential for Harry A. Nottingham Park. Specific design and programming recommendations were detailed for the different zone areas of the park. Concepts included a performance pavilion built onto the back of the old Town Hall building. Specific recommendations from the 2009 Master Plan for Harry A. Nottingham Park included: o Recommends restrooms, expanded concession space, new lighting and park furniture o “Back of house” support for large events o New restrooms close to an existing facility Restrooms are the focus of this effort, as well as “back of house” for larger events. It should be noted that path lighting has been phased into other areas of the park, and final lighting will be an important part of the final design plans for this site. Page 7 of 8 2015 Planning Review and Update to Harry A. Nottingham Park. This plan followed the development of the Performance Pavilion. It validated the concept to relocate police/fire and all Town Hall administrative services to elsewhere in Town. Specific plan policies included: o Community flex space that would include support facilities for the stage and public restrooms o Existing Town Hall occupies a corner of Nottingham Park that may be better utilized for other community- based uses that can support the park and provide new amenities. 2017 Comprehensive Plan. Consistent with previous policy documents, the 2017 Comprehensive Plan reaffirmed the need to capitalize on views and plan for flexible space. Policies from the 2017 Comprehensive Plan include: o Enhancement of existing amenities near Nottingham Park o Maintain flexible space for temporary concession facilities. o Preserve view corridors to Beaver Creek and the Main Street Pedestrian Mall. Page 8 of 8 2018 Town-Properties Plan. This most recent planning effort focused on the development of a multi-use facility (structure), and included the idea to move and repurpose the Hahnewald Barn to the site. In all plan iterations the importance of multi-use for all seasons was emphasized. o Old Town Hall Area: Multi-Use Facility; new surface parking; restrooms o The Old Town Hall could incur a net loss of parking spaces with the reuse of the site. Thank you, Matt ATTACHMENT A: Schematic Development Plans Copyright © 2021 by Zehren & Associates Inc. 34.5 36 37 33.5 32 37.5 38 39 35 GABLE ROOF W/ GREEN ROOF ON BOTH SIDES 35 35 MEN'SXXX24" MAXJANITOR /MECHANICALXXXJANITOR /MECHANICALXXXASSISTEDUSEXXXWOMEN'SXXXJANITORXXXSTEEL POCKETDOORSTEEL POCKETDOORDUMP SINKHAND WASHINGSTATIONDISH WASHINGSTATIONROLLING STEELSERVICE DOORCHANGINGSTATIONCHANGINGSTATIONCHANGINGSTATIONCHANGINGSTATION+35.5'T/O FF+35.5'T/O FF+35.5'T/O FFEXISTING PATH XERISCAPE GARDEN SEAT WALL ORNAMENTAL TREE AND XERISCAPE GARDEN 10'EXISTING PARKING EXISTING PARKING 6' 26' 8"35'20' 1.5 '8"20'10' 36 4037 36 36 ADA LANDING 37.5 33'12 9 . 3 8 '23.3'PASSIVE PARK PICNIC AND VIEWING NEW SEAT WALL MATERIALS LEGEND P1 P2 P3 PROPOSED TREES TREES TO REMAIN TREES TO BE REMOVED PERENNIAL PLANTINGS SODDED LAWN CONCRETE ASPHALT PAVERS BENCHES PICNIC TABLES BOULDERS SEAT WALL FURNITURE HARDSCAPE VEGETATION 20' GATE BOLLARD LIGHT P1 P27.8'38 38.5 8' 70. 9 2 ' 13 6 . 3 8 ' P3 32 35.5 BUILDING FFE = 35' BRING GRADE UP TO BUILDING PA R K I N G ( 1 4 ) CONCRETE STAIRS EXISTING FLAGPOLES SANDSTONE BOULDER RETAINING WALL CONCRETE STAIRS 16'X16' ELECTRICAL UTILITY EQUIPMENT AREA ADA RAMP W/ HANDRAILS GATE UTILITY AND ADA LANDING NEW ACCESS WAY FROM PARKING LOT BOULDER SEATING 38 35 37 6%2.4%38 SCALE: 1" = 20' 10'20'0 40'Copyright © 2021 by Zehren & Associates Inc.Copyright © 2021 by Zehren & Associates Inc. 34.5 36 37 33.5 32 37.5 38 39 35 GABLE ROOF W/ GREEN ROOF ON BOTH SIDES 35 35 EXISTING PATH XERISCAPE GARDEN SEAT WALL ORNAMENTAL TREE AND XERISCAPE GARDEN 10'EXISTING PARKING EXISTING PARKING 6' 26' 8"35'20' 1.5'8"20'10' 36 4037 36 36 ADA LANDING 37.5 33'129. 3 8 '23.3'PASSIVE PARK PICNIC AND VIEWING NEW SEAT WALL MATERIALS LEGEND P1 P2 P3 PROPOSED TREES TREES TO REMAIN TREES TO BE REMOVED PERENNIAL PLANTINGS SODDED LAWN CONCRETE ASPHALT PAVERS BENCHES PICNIC TABLES BOULDERS SEAT WALL FURNITURE HARDSCAPE VEGETATION 20'GATE BOLLARD LIGHT P1 P27.8'38 38.5 8' 70.9 2 ' 136. 3 8 ' P3 32 35.5 BUILDING FFE = 35' BRING GRADE UP TO BUILDING PAR K I N G ( 1 4 ) CONCRETE STAIRS EXISTING FLAGPOLES SANDSTONE BOULDER RETAINING WALL CONCRETE STAIRS 16'X16' ELECTRICAL UTILITY EQUIPMENT AREA ADA RAMP W/ HANDRAILS GATE UTILITY AND ADA LANDING NEW ACCESS WAY FROM PARKING LOT BOULDER SEATING 38 35 37 6%2.4%38 SCALE: 1" = 20' 10'20'0 40'Copyright © 2021 by Zehren & Associates Inc.Copyright © 2021 by Zehren & Associates Inc.ENTRY SIGN Materials: Hardscape & Furniture BOULDER SEATING - 59 PICNIC TABLES - 9 LIGHT BOLLARDS - TBD BENCHES - 5 SEAT WALL - 547.869 ft.BOULDER RETAINING WALL - 434.739 ft. CONCRETE - 1361.946 ft.2 ASPHALT - 3423.371 ft.2 CONCRETE PAVERS - 4151.430 ft.2 1 5 7 8 9 10 2 3 4 6 1 2 3 4 5 7 8 9 10 1 6 MEN'S XXX JANITOR / MECHANICAL XXX JANITOR / MECHANICAL XXX ASSISTED USE XXX WOMEN'S XXX JANITOR XXX STEEL POCKET DOOR STEEL POCKET DOOR DUMP SINK HAND WASHING STATION DISH WASHING STATION ROLLING STEEL SERVICE DOOR CHANGING STATION CHANGINGSTATIONCHANGING STATIONCHANGINGSTATION+35.5' T/O FF +35.5' T/O FF +35.5' T/O FF X X X X XXXX40'-11"57'-0"40'-11"57'-0"ROOF ABOVE Copyright © 2021 by Zehren & Associates Inc.N SCALE: 1/4" = 1'-0" 2'4'0 8' A1.1 1 MAIN LEVEL FLOOR PLAN 1/4" = 1'-0" X X X X XXXX40'-11"57'-0"40'-11"57'-0"RIDGE 2:122:12SOLAR PANEL ARRAY RIDGE SEDUM ROOF WALL BELOW 4'-0" 4'-0"Copyright © 2021 by Zehren & Associates Inc.A1.4 1 ROOF PLAN 1/4" = 1'-0" N SCALE: 1/4" = 1'-0" 2'4'0 8' Copyright © 2021 by Zehren & Associates Inc.SCALE: 3/16" = 1'-0" 1'4'0 10' A2.1 1 NORTH ELEVATION 3/16" = 1'-0" A2.1 2 SOUTH ELEVATION 3/16" = 1'-0" A2.1 3 WEST ELEVATION 3/16" = 1'-0" A2.1 4 EAST ELEVATION 3/16" = 1'-0" 34.5 36 37 33.5 32 37.5 38 39 35 GABLE ROOF W/ GREEN ROOF ON BOTH SIDES 35 35 EXISTING PATH XERISCAPE GARDEN SEAT WALL ORNAMENTAL TREE AND XERISCAPE GARDEN 10'EXISTING PARKING EXISTING PARKING 6' 26' 8"35'20' 1.5'8"20'10' 36 4037 36 36 ADA LANDING 37.5 33'129. 3 8 '23.3'PASSIVE PARK PICNIC AND VIEWING NEW SEAT WALL MATERIALS LEGEND P1 P2 P3 PROPOSED TREES TREES TO REMAIN TREES TO BE REMOVED PERENNIAL PLANTINGS SODDED LAWN CONCRETE ASPHALT PAVERS BENCHES PICNIC TABLES BOULDERS SEAT WALL FURNITURE HARDSCAPE VEGETATION 20' GATE BOLLARD LIGHT P1 P27.8'38 38.5 8' 70.9 2 ' 136. 3 8 ' P3 32 35.5 BUILDING FFE = 35' BRING GRADE UP TO BUILDING PAR K I N G ( 1 4 ) CONCRETE STAIRS EXISTING FLAGPOLES SANDSTONE BOULDER RETAINING WALL CONCRETE STAIRS 16'X16' ELECTRICAL UTILITY EQUIPMENT AREA ADA RAMP W/ HANDRAILS GATE UTILITY AND ADA LANDING NEW ACCESS WAY FROM PARKING LOT BOULDER SEATING 38 35 37 6%2.4%38 SCALE: 1" = 20' 10'20'0 40'Copyright © 2021 by Zehren & Associates Inc.A C CC B BB AA SECTIONS 8’ Plant Bed Restrooms Concrete Pavers Path Existing PathPath Existing Parking Lot Existing Parking Lot Passive Park Picnic and Viewing 6’6’41.25’42’52’65.67’ Plant Bed 30’21.12’11’10’59.67’ Seat Wall Restrooms Concrete Pavers Plant Bed Existing Trail Existing LawnExisting Parking Lot SECTION A A B C CC BB AA SECTION B SECTION C 8’10’41’56.8’ Seat WallBoulder Retaining Wall Existing Trail Existing LawnPathExisting Parking Lot Passive Park Picnic and Viewing Passive Park Picnic and Viewing 6'6' 3'5 8"411 4'42'52'65' 8"20'20' 10' 11 2' 56.8'8'41' 11 2' 20'20' 161 2' 61 2' 11'21'11 2"57' 77 8"11'41 4"312'1012'17'234"26' 3'8" SCALE: 1" = 10' 5'10'0 20' SCALE: 1" = 5' 5'0 10' 6'6' 3'5 8"411 4'42'52'65' 8"20'20' 10' 11 2' 56.8'8'41' 11 2' 20'20' 161 2' 61 2' 11'21'11 2"57' 77 8"11'41 4"312'1012'17'234"26' 3'8" SCALE: 1" = 10' 5'10'0 20' SCALE: 1" = 5' 5'0 10' 6'6' 3'5 8"411 4'42'52'65' 8"20'20' 10' 11 2' 56.8'8'41' 11 2' 20'20' 1612'612'11'21'112"57' 778"11'414"312'1012'17'234"26'3'8" SCALE: 1" = 10' 5'10'0 20' SCALE: 1" = 5' 5'0 10' 01 *ALL MATERIALS, COLORS AND FINISHES TO MATCH EXISTING MATERIALS WITHIN CURRENT PARK STRUCTURES 02 03 04 05 06 07 Stone Wood Siding Metal Panel Stucco Wood Trim Dark Bronze Metal Windows Sedum Roof Standing Seam Metal Roof + Solar08 C Proposed East Restrooms A Avon Performance Pavilion B Avon Restrooms Copyright © 2021 by Zehren & Associates Inc. 970.748.4413 mpielsticker@avon.org Staff Review Recommendation TO: Planning and Zoning Commission FROM: Matt Pielsticker, AICP Planning Director RE: Avon Community Housing Plan Amendments – Public Hearing DATE: September 21, 2021 SUMMARY: The Avon Community Housing Plan (“the Plan”) was adopted by Town Council with passage of 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 Plan based on accomplishments, new efforts, and changes in policy direction. After conducting a public hearing, a recommendation will be forwarded to Town Council for consideration of the amendments. WORK AND ACCOMPLISHMENTS: At PZC’s recommendation, progress and work accomplishments over the life of the Plan are now a new appendix to the Plan. The following policies and projects have been completed or are currently in process: • Tax and Fee Waiver Ordinance approved by Town Council for Community Housing projects • Mi Casa Deed Restriction Purchase Program, with 12 units to date. • Wildwood Housing Plan Work Session with Public input • Wildridge Survey / Wildwood & Firehouse with Public input • Inclusionary Housing Regulations and Fee in Lieu Resolution • Completed Reserve Study for Wildwood South Deed Restricted Units. Council approved a Resolution to waive sales tax and fees related to eventual roofing and siding project. • Amendments to Light Industrial Zone District to permit and promote Community Housing 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. PZC Public Hearing & Recommendation to Council Town Council First and Second Reading - Ordinance Page 2 of 4 AMENDMENTS: The following summary shows changes to the Plan, presented in order of appearance: • Goals and Objectives. o Establish dedicated funding source o Update AMI numbers o Focus partnerships with regional entities to make a meaningful impact • The Need. o Update paragraph that outlines median price for Avon free-market housing products o Show current gap in affordability in relationship to local income levels • Strengths & Assets. o Mi Casa showcased o Recap of policy work o Update Housing Fund numbers • Tools & Strategies o Establishment of sustainable funding source with proposal for Use Tax on Construction Materials o Acknowledge the adopted inclusionary housing policies o Acknowledge tax and fee waiver ordinance. • Housing Development and Retention o Regional collaboration is bolstered and now front and center. o Mi Casa implementation and updates as necessary o Swift Gulch now the primary opportunity on public land o Mobile home ownership policy • Funding o Updated Housing Fund Numbers o Prompt for use tax policy and plan • Appendix A. Remove work plan. • Appendix B: Update as necessary • Appendix C: Update with most current numbers • New Appendix: Housing policy and Completed work Tracking List According to Section §7.16.030(e) of the Development Code, the criteria below are to be used when evaluating the plan. The review criteria are included here for reference and to aid in formulating a Record of Decision and recommendation to the Town Council. (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; REVIEW CRITERIA Page 3 of 4 (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. Staff Response: Since adoption of the Plan in 2018, the implementation of housing policies have yielded new employee units and secured restrictions on existing free market units through the MiCasa program. The Plan amendments respond to further changes in the market, and also seek to shift focus to addressing other land use impacts (i.e. progression toward more short term rental properties) that have been emerging. Not only have housing costs escalated quickly since the adoption of the Plan in 2018, but rental rates and inventory have not kept pace with the demand as new residents and guests continue to seek out the experience of mountain life in Avon. The Plan amendments promote the health, safety and welfare of the Avon Community with a concerted effort toward new housing opportunities and maintaining existing affordable stock. AVAILABLE ACTIONS 1) Conduct Public Hearing and finalize an affirmative recommendation. 2) Conduct Public Hearing and continue to October 19, 2021 meeting 3) Conduct Public Hearing and make a recommendation for denial.. RECOMMENDATION: I recommend the PZC add any further suggested changes and a favorable recommendation to the Town Council. RECOMMENDED MOTION: “I move to recommend that the Town Council approve the Avon Workforce Housing Plan, with the findings listed in Matt Pielsticker’s staff report”: RECOMMENDED FINDINGS: 1) The Avon Workforce Housing Plan complies with the goals and policies of the Avon Comprehensive Plan by strengthening the policy objectives related to achieving a diverse range of housing types to serve all segments of the population; 2) The Plan complies with the review criteria outlined in Section §7.16.030(e) of the Development Code; 3) The proposed Plan bolsters the purpose statements of the Development Code; Purpose (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 Page 4 of 4 range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy;”; and 4) The proposed Plan promotes the health, safety, and welfare of the Avon Community by supporting working families and building a stable community with opportunities for families and young professionals. Thank you, Matt ATTACHMENT A: Redline Strikethrough of the Plan Page 1 of 12 Avon Community Housing Plan Prepared by Willa Williford for the Town of Avon “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 Introduction The Town of Avon seeks to build upon a its long history as a high amenity year-round resort community through the adoption of the Avon Community Housing Plan and implementation of the strategies within, strengthening its vibrant and inclusive community culture. The current Comprehensive Plan sets the a 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 housingCommunity 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; • Increase Community Housing supply for job recruitment purposes; • Create Community Housing in closer proximity to job centers with pedestrian connections and availability of transit, in alignment withFurther the goals of the Climate Action Plan goals by reducing single occupant vehicle commuting; and • Greater opportunities for arts and culture to thrive. Goals and 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. Goals and Objectives of this Housing Plan are as follows: • Support the establishment of a dedicated funding source to sustain the Community Housing Fund; • Focus on increasing deed restricted homeownership opportunities for households making equivalent of 140% or less of the Area Median Income (“AMI”) -– current AMI is $430,00090,000 for a household of three people in 20182021;. • 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.; Avon Community Housing Plan Adopted August 24, 2018 (Last Updated October 26, 2021) Page 2 of 12 • 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 owner-occupied year-round residents; currently 5556.5% of all dwelling units in Avon are owner-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 termthrough the Mi Casa program and other mechanisms.; • Strengthen regional partnershipsPartner with other communities and entities (i.e. Habitat for Humanity, other municipalitiesVail, Eagle County), and private employers to make projects happen combine buying power and construct new housing units:.. • 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.; and • 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 Resolutionby Community Development pending updated information. 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. The Need Since the end of the recession2010, and during the COVID-19 pandemic, jobs and population have been growing increasing 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; • Loss of historically affordable purchase options to short term rental (STR) use; • 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 income on housing, commuting long distances, and living in locations or situations that are not sustainable for the long term; and. • FrustrationDifficulty for locals growing families seeking permanent housing or upsizing due to escalating costs.; It is important to review the availability of properties that are attainable for local workers (as opposed to “resort oriented” properties such as Riverfront, Bel Lago, and Basecamp) and evaluate the percentage of homes purchased for primary residency in these neighborhoods. The Median median price for all dwelling units sold in Avon in 2017 2020 was $438,000575,000. Condominiums accounted for 7172% of these sales, with a median price of $358,500575,000. The median price for single family dwellings, duplexes and townhomes was $850,000987,500. The price affordable to a median incomeA family of three with a median income makesis less than half than that, at about approximately $316,00090,000 per year. This income cannot support mortgage payments for a median price single family dwelling in Avon.Only four dwelling units were on the market for $316,000 or lower in early 2018. Avon Community Housing Plan Adopted August 24, 2018 (Last Updated October 26, 2021) Page 3 of 12 The rental market is similarly challenging for local residents: . vacancy Vacancy rates have been approaching zero, and since 2007, average rental rates have risen 48% across the Eagle River Valley. Recent rental projects have experienced an accelerated cost as compared to increases in the consumer index. For example, the Piedmont Apartments, which went to market in 2020 with rental rates between $1,320 for a studio to over $3,000 per month for a 3-bedroom unit. To meet the needs of local employees in the Eagle River Valley, it is estimated thatover 4,0005,900 additional dwelling units will be required by 20202025.1 In “mid-valley”, which includes Eagle-Vail, Avon, and Edwards, 1,500 dwelling units will be needed to accommodate a growing population. Subsidies It is anticipated that subsidies or public/private partnerships are anticipated towill be required for the majority of these dwelling units to be financially feasible and affordable to local employeesto make it financially feasible to construct a majority of these dwelling units.. Avon and the rest of the “mid-valley” are highly desired locations for local householdsresidents. In a recent 2018 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.2 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. Strengths and Assets Avon can build on upon existing assets and previous housing initiatives, including: • Adoption of the Mi Casa Avon deed restriction purchase program, with 14 deed restricted units in the first year. • 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 Community Housing Fund balance of $675,0001,150,000. As the Community 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 Community housing Housing mitigation requirements for some new commercialnew multi-family and 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 public and private parcels; • Codified Community Housing tax and fee waiver incentives; • Allowing increased deed-restricted residential density on Ccommercially zoned land that may also be appropriate for residential development; and • Adopted Comprehensive Plan, which sets housing as top policy priority. 1 Eagle River Valley Housing Needs and Solutions 2018, Rees and Williford 2 Ibid. Avon Community Housing Plan Adopted August 24, 2018 (Last Updated October 26, 2021) Page 4 of 12 Tools and 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 Policy, Community Housing Development and Retention, and Funding, and Housing Policy. A timeline for implementation is included in Appendix A. Appendix C includes an inventory of all policy and related Community Housing strategies implemented since this Plan was originally adopted. 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 housingCommunity 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 the: regular rReview of existing code provisions for opportunities to increase the year-round occupancy of the existing housing stock, including consideration of short term rental, [MP1][MP2]accessory dwelling units, and lock-off incentives and regulations. . Additionally, the Mi Casa program must be reviewed routinely to determine its efficacyeffectiveness and whether changes to the parameters of the program are necessary given the rapidly changing market conditions. • 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[MP3]. Community Housing Development and Retention Cultivating additional public/private partnerships for housing are additional strategies that will be ongoing. Collaborative efforts with Eagle County, other municipalities, and local employers are are imperative when fostering new opportunities for housing development and retention. Given the lack of available land and escalating construction prices, bold measures must be taken with these partners to make a measurable impact on housing stock. Collaborative partnerships must include land acquisition and producing shovel ready plans in the short term. Leveraging partnerships with state and federal housing assistance money and grants will be imperative. 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 andDevelopment of housing on the Swift Gulch Avon Community Housing Plan Adopted August 24, 2018 (Last Updated October 26, 2021) Page 5 of 12 property is the best opportunity to build new housing product on Town owned land. The Town of Avon Properties Plan identified development of Swift Gulch as a priority and it continues to be viewed as a prime property for new housing development. This Plan is recommending that public outreach and feasibility analysis for Wildwood move forward this year. Preliminary site and design 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 developedtakes place in 2021 and will include a detailed financial analysis and exploration of through public/private partnerships. Two strategies have been identified toTo preserve market rate attainable housing that is currently at risk of being lost to locals through rapid price increases and/or redevelopment two strategies are identified. The firstOne strategy is to “buy-down” 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 strategy. Mi Casa will continue to grow and evolve as the primary source of new deed restricted Community Housing stock preserved for local residents. The secondAnother strategy is to explore zoning protections or mechanisms development incentives such asthat will maintain affordability of our mobile home preservationcommunity , 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.Zoning protections could include a special zoning category to be applied so that redevelopment for other uses is barred. Or in the event of redevelopment, density and affordability are maintained. [MP4][MP5] 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 ofneeds capital planning and reinvestment. The Town of Avon has recently historically 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 improvements. This effort is anticipated to begin in 20202022. Cultivating additional public/private partnerships for housing are additional strategies that will be ongoing. Collaborative efforts with Eagle County, other municipalities, and local employers are imperative when fostering new opportunities for housing development and retention. 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 private 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 the Avon Community Housing funds Fund will be invested in the efforts outlined in this Plan, and that additional funds will be needed moving forward. Avon Community Housing Plan Adopted August 24, 2018 (Last Updated October 26, 2021) Page 6 of 12 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 toIn order to build upon the strength of an increased Avon Community Housing Fund, the Town must then seek opportunities for new funding sources, which could include approaches such as increased linkage fees, use tax on construction materials, regional collaboration, and/or support for a local ballot initiative. Potential revenue frorm a use tax, for the sole purpose of supplying the Community Housing Fund, were modeled and presented to Planning and Zoning Commission and the Finance Committee for consideration in 2021. Public/private partnerships are also a funding strategy, generating potential access to grants, below market loans, and resources such as the Low Income Housing 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 including the establishment of a regional transit authority. Investment CriteriaConsiderations As the Town of Avon seeks to deploy monies from the Avon Housing Fund, the Town will evaluate opportunities based on the following criteriafactors: • Does the pThe program, policy, or project meet the goals and objectives of the Comprehensive Plan and this Community Housing Plan?. • Does the iThe Investment fills a quantifiable gap that would otherwise keep the proposed program or project from moving forward? • Does tThe program or project encourages resource conservation, energy efficiency and sustainable development? . Does t • The location offers access to multi-model transportation options, job centers, and other services?. • Is there pParticipation from other regional partners, public and/or private? have been contemplated or included in the effort. Avon Community Housing Plan Adopted August 24, 2018 (Last Updated October 26, 2021) Page 7 of 12 APPENDIX A – Work Plan Avon Community Housing Plan Adopted August 24, 2018 (Last Updated October 26, 2021) Page 8 of 12 Avon Community Housing Plan Adopted August 24, 2018 (Last Updated October 26, 2021) Page 9 of 12 APPENDIX B A – 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 Avon Community Housing Plan Adopted August 24, 2018 (Last Updated October 26, 2021) Page 10 of 12 APPENDIX C B - Area Median Income for Eagle County 20182021 Area Median Income for Eagle County, 20182021 Household Size 1 2 3 4 5 6 AMI Classifications Extremely Low (30% AMI) $18,2702 1,000 $20,8802 4,000 $23,4902 7,000 $26,0703 0,000 $28,1703 2,400 $30,2703 4,800 Very Low (50% AMI) $30,4503 5,000 $34,8004 0,000 $39,1504 5,000 $43,4505 0,000 $46,9505 4,000 $50,4505 8,000 60% AMI (LIHTC max) $36,5404 2,000 $41,7604 8,000 $46,9805 0,000 $52,1405 4,000 $56,3406 4,800 $60,5406 9,600 Low (80% AMI) $48,7205 6,000 $55,6806 4,000 $62,6407 2,000 $69,5208 0,000 $75,1208 6,400 $80,7209 2,800 Median (100% AMI) $60,9007 0,000 $69,6008 0,000 $78,3009 0,000 $86,9001 00,000 $93,9001 08,000 $100,900 116,000 Moderate/Middle (140% AMI) $85,2609 8,000 $97,4401 12,000 $109,620 126,000 $121,660 140,000 $131,460 151,200 $141,260 162,400 Upper (200% AMI) $121,800 140,000 $139,200 160,000 $156,600 180,000 $173,800 200,000 $187,800 216,000 $201,800 232,000 Source: CHFA Affordable Home Price Calculation by AMI, 20182021 AMI % 30% 60% 100% 140% 200% Household Income – 3 persons $23,490 26,541 $46,980 53,082 $78,300 88,470 $109,620 123,858 $156,600 176,940 Affordable Purchase price Affordable monthly payment (30%) $587664 $1,1751, 327 $1,9582, 212 $2,7413,0 96 $3,9154,4 24 Principal & interest (80% of pmt) $470531 $9401,06 1 $1,5661, 769 $2,1922,4 77 $3,1323,5 39 HOA, taxes, insurance (20% of pmt) $117133 $235266 $392442 $548619 $783885 Mortgage Interest rate 5.00% 5.00% 5.00% 5.00% 5.00% Max mortgage $47,5159 9,000 $175,030 198,000 $291,717 330,000 $408,4044 61,000 $583,4346 59,000 Max Affordable Price -5% down $92,0001 02,465 $184,000 204,930 $307,000 341,550 $430,0004 77,135 $614,0006 82,065 Affordable Rent $587675 $1,1751, 350 $1,9582, 250 $2,7413,1 50 $3,9154,5 00 Avon Community Housing Plan Adopted August 24, 2018 (Last Updated October 26, 2021) Page 11 of 12 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. Avon Community Housing Plan Adopted August 24, 2018 (Last Updated October 26, 2021) Page 12 of 12 APPENDIX C – Implemented Community Housing Strategies Since this Plan was originally adopted on August 24, 2018, the following policies and resultant projects have been established: • Ordinance 2019-01, Community Housing Incentives for Sales Tax and Fee Waivers • Ordinance 2019-03, Employee Housing regulations to include mitigation for new multi- family and commercial developments. • Ordinance 2019-06, Industrial Commercial Zone District Amendments to permit Community Housing as a Use by Right. • 2 Deed Restricted for sale units constructed at 1 Waterfront Way. • Council Resolution 2020-25, Approving Fee Waivers and Deed Restrictions for 9 Rental Units at 77 Metcalf. • 1 Deed Restricted for sale unit at 1 Riverfront (proposed, yet to be constructed). • 12 MiCasa Units with recorded Deed Restrictions. • 2 3-bedroom Deed Restricted Units at 38460 Highway 6 (proposed, yet to be constructed). • Council Resolution 2021-08, Approving Fee Waivers for Capital Improvement Project at 1011 West Wildwood Road. • Council Resolution 2021-20, Approving Short-Term Rental Tax Ballot Question for Community Housing funding. 1 AVON PLANNING AND ZONING COMMISSION MEETING MINUTES TUESDAY, SEPTEMBER 7, 2021 1. CALL TO ORDER AND ROLL CALL After a delay due to technical difficulties, Chairperson Jared Barnes called the meeting to order at 5:24p.m. A roll call was taken and Planning Commission members present were Jared Barnes, Sara Lanious, Anthony Sekinger, Donna Lang (remote), and Trevor MacAllister (remote). Also present were Planning Director Matt Pielsticker, Town Planner David McWilliams, and Town Attorney Paul Wisor. 2. APPROVAL OF AGENDA Action: Commissioner Barnes motioned to approve the modified agenda. Commissioner Lanious seconded the motion and the agenda was approved unanimously with 5-0 vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS There were no conflicts of interest. 4. BUSINESS ITEM 4.1. 38460 HIGHWAY 6 – PUBLIC HEARING - SECTION: 12 TOWNSHIP: 5 RANGE: 82 PCLIN NW1/4SE1/4 (FOLSON ANNEXATION) – MAJOR DEVELOPMENT PLAN FOR A 75-UNIT CONDOMINIUM BUILDING PLUS 9 TOWNHOMES ALONG THE EASTERN EDGE OF THE SITE. ALTERNATIVE EQUIVALENT COMPLIANCE FOR IRRIGATION AND BUILDING SEPARATION DEVIATIONS Public Comments: Public comments were received from Nate Osbourn, representing Colorado World Resorts, Andy Shopneck with One Beavercreek, and Timothy H. Powell, resident of Unit 207 of Ascent. AEC21006 Action: Commissioner Sekinger motioned to approve the Alternative Equivalent Compliance to permit 13,000 sq. ft. of irrigated area (5,000 sq. ft. permitted), and diminishing building separation from 15 ft. to 8 ft., based upon the following findings: 1. The Application was reviewed pursuant §7.16.120 Alternative Equivalent Compliance, and the Application is complete with sufficient information to allow PZC to determine that it complies with the relevant Review Criteria; 2. The Alternative Equivalent Compliance achieves the intent of the site design standards to the same or better degree than the subject standard because: a) The irrigated area accommodates the compliance of other Avon Development Code provisions, and b) The diminished building separation maximizes an area for a trail and compliments the comparatively larger condominium design; 3. The Alternative Equivalent Compliance achieves the goals and policies of the Avon Comprehensive Plan, including Goal C.2, Policy C.2.1, Policy C.2.2, Policy C.2.3, Policy C.2.4, Policy C.2.5; and 4. The Alternative Equivalent Compliance results in benefits to the community that are equivalent to compliance with the design standards in the Avon Development Code. Commissioner Lanious seconded the motion and the motion passed unanimously with a 5-0 vote. 2 MJR21007 Action: Commissioner Lanious motioned to approve the Major Development Plan application based upon the following Findings of Fact and Conditions: Findings of Fact: 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. Conditions: 1. An on-site mockup will be reviewed and approved by PZC before completion of framing. The scale and design of the mockup shall be pre-approved by the Planning Director before framing; 2. An ILC is required and foundation and framing to ensure compliance with maximum building height; 3. Development Agreement Amendments must be approved by Town Council prior to any construction permits; 4. Lighting changes are required for compliance with Dark Sky standards, including: a) AL1 spot fixtures and SU1 in-ground luminaires must be aimed at landscaping and building forms and not project above or away from the property, and b) SB2 bollards must utilize forward throw instead of symmetrical 360 degrees along townhome elevated driveway area; 5. Employee Housing Mitigation Plan and Deed Restriction (rental or for sale, or both) must be approved by Town Council prior to any construction permits; 6. Development approval is valid for two (2) years per Development Code. If any phase does not commence within two (2) years, an extension to development plan approval must be granted unless otherwise addressed in the Development Agreement; 7. The Application requires dedication of a public access easement for the portion of the pedestrian path adjacent to Highway 6 that is on the Applicant’s property; and 8. The sidewalk shall be extended to the far eastern side of the property. 9. Landscape Plan for Phase 1A will be approved by staff. 10. Functional, private, outdoor space for the two (2) employee housing units will be incorporated patio and/or deck space. 11. Space between eastern emergency access and bus stop be revised to ensure bus access to stop and pedestrian access into shelter meeting ADA requirements. The motion was seconded by Commissioner Sekinger. The motion and the motion passed unanimously with a 5-0 vote. 3 5. CONSENT AGENDA 5.1. MEETING MINUTES FROM AUGUST 17, 2021 PZC MEETING Action: Commissioner Lanious motioned to approve the meeting minutes from August 17, 2021. Commissioner Lang seconded the motion and the Agenda was approved unanimously with 5-0 vote. 6. ADJOURN Action: The meeting was adjourned at 7:00pm 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: _____________________________ Matt Pielsticker, Planning Director APPROVED: __________________________________ Chairperson PZC Record of Decision: MJR21007 Page 1 of 2 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF RECOMMENDATION DATE OF PUBLIC HEARING: September 7, 2021 TYPE OF APPLICATION: Major Development Plan PROPERTY LOCATION: 38460 Highway 6 FILE NUMBER: MJR21007 APPLICANT: Peak 8 Properties, LLC This Record of Decision is made in accordance with the Avon Development Code §7.16.080(c): DECISION: Approved 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. CONDITIONS: 1. An on-site mockup will be reviewed and approved by PZC before completion of framing. The scale and design of the mockup shall be pre-approved by the Planning Director before framing; 2. An ILC is required and foundation and framing to ensure compliance with maximum building height; 3. Development Agreement Amendments must be approved by Town Council prior to any construction permits; 4. Lighting changes are required for compliance with Dark Sky standards, including: a) AL1 spot fixtures and SU1 in-ground luminaires must be aimed at landscaping and building forms and not project above or away from the property, and b) SB2 bollards must utilize forward throw instead of symmetrical 360 degrees along townhome elevated driveway area; 5. Employee Housing Mitigation Plan and Deed Restriction (rental or for sale, or both) must be approved by Town Council prior to any construction permits; 6. Development approval is valid for two (2) years per Development Code. If any phase does not commence within two (2) years, an extension to development plan approval must be granted unless otherwise addressed in the Development Agreement; PZC Record of Decision: MJR21007 Page 2 of 2 7. The Application requires dedication of a public access easement for the portion of the pedestrian path adjacent to Highway 6 that is on the Applicant’s property; and 8. The sidewalk shall be extended to the far eastern side of the property. 9. Landscape Plan for Phase 1A will be approved by staff. 10. Functional, private, outdoor space for the two (2) employee housing units will be incorporated patio and/or deck space. 11. Space between eastern emergency access and bus stop be revised to ensure bus access to stop and pedestrian access into shelter, meeting ADA requirements. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ PZC Chairperson PZC Record of Decision: AEC21006 Page 1 of 1 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF RECOMMENDATION DATE OF PUBLIC HEARING: September 7, 2021 TYPE OF APPLICATION: Alternative Equivalent Compliance (Irrigated Area & Building Separation) PROPERTY LOCATION: 38460 Highway 6 FILE NUMBER: AEC21006 APPLICANT: Peak 8 Properties, LLC This Record of Decision is made in accordance with the Avon Development Code §7.16.080(c): DECISION: Approved FINDINGS: 1. The Application was reviewed pursuant §7.16.120 Alternative Equivalent Compliance, and the Application is complete with sufficient information to allow PZC to determine that it complies with the relevant Review Criteria; 2. The Alternative Equivalent Compliance achieves the intent of the site design standards to the same or better degree than the subject standard because: a) The irrigated area accommodates the compliance of other Avon Development Code provisions, and b) The diminished building separation maximizes an area for a trail and compliments the comparatively larger condominium design; 3. The Alternative Equivalent Compliance achieves the goals and policies of the Avon Comprehensive Plan, including Goal C.2, Policy C.2.1, Policy C.2.2, Policy C.2.3, Policy C.2.4, Policy C.2.5; and 4. The Alternative Equivalent Compliance results in benefits to the community that are equivalent to compliance with the design standards in the Avon Development Code. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ PZC Chairperson