PZC Packet 040522_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS.
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AVON PLANNING & ZONING COMMISSION
MEETING AGENDA
TUESDAY, APRIL 5, 2022 - MEETING BEGINS AT 5:00 PM
100 MIKAELA WAY – AVON TOWN COUNCIL CHAMBERS – AVON TOWN HALL
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 ITEM
4. 240 CHAPEL PLACE / VARIANCE AND SIGN PLAN – CONTINUED PUBLIC HEARING – REQUEST FOR LARGER
STOREFRONT SIGN THAT SIGN CODE PERMITS, AND DESIGN REVIEW OF TWO SIGNS TOTAL (SENIOR PLANNER JENA
SKINNER AND TJ MALONE)
5. CONSENT AGENDA
5.1. APPROVAL OF MINUTES FROM MARCH 15, 2022 PZC MEETING 5.2. APPROVAL OF RECORD OF DECISION FOR 2458 DRAW SPUR, UNIT 1 FENCE 6. STAFF UPDATES
6.1. SWIFT GULCH EMPLOYEE HOUSING 6.2. PZC TERMS 6.3. EAGLE COUNTY LAND I NVENTORY PROJECT 6.4. MCG RADY ACRES 6.5. LA ZONA
7. STAFF APPROVALS
7.1. 5391 FERRET LANE, UNIT B ROOF (MNR22007) 7.2. 2150 LONG SPUR, UNIT B LANDSCAPING (MNR22003) 7.3. 5650 WILDRIDGE ROAD, DECK EXPANSION (MNR22006) 7.4. 4310 EAGLEBEND DRIVE, DOORS AND WINDOWS (MNR22005) 7.5. 48 E. BEAVER CREEK BOULEVARD, NEW ARK BUILDING SIGNS (SGN21010)
8. ADJOURN
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PLANNING AND ZONING COMMISSION – STAFF REPORT APRIL 5, 2022
PLANNING AND ZONING COMMISSION APRIL 5, 2022
Project type: Sign Design PUD
Zoning: PUD
Address: 220 Beaver Creek Place
Location: Tract B1, Block 2, Benchmark at Beaver Creek
Applicant: TJ Malone, Discount Signs- Representative of Charles E. Ewing, CEO, H& A Quality
Appliance, Inc. DBA Appliance Factory
Owner: SCB Properties Holdings Prepared by: Jena Skinner, AICP
OVERVIEW:
This staff report contains the following applications for consideration by the PZC:
1. VAR22001: Variance for the sign size of the new Appliance Factory/Mattress Kingdom location. This
application seeks approval for a sign design larger than the maximum 64' sign allowed in Avon.
2. SGN22001: Sign Design for Tenant Identification Sign.
PZC MEETING SUMMARY 3/15/22:
The Planning and Zoning Commission (“PZC”) reviewed the plans at their March 15, 2022 regular meeting.
The PZC was split on this project for the project and the file was continued to April 5, 2022 by a vote of 3-2.
PZC COMMENTS 3/15/22: At the PZC hearing, testimony was received from Matt Coudayre, VP of Retail
Sales for Colorado, who was attending on behalf of Appliance Factory. No other members of the public
came to speak about this application.
Generally, the PZC felt that the revised design into a linear format was significantly improved over the
original design and fit the architectural space appropriately. Some PZC members felt that the use of
Variance was less desirable than a sign program and had concerns about the west side (that faces Christy
Sports) being excluded with the application due to the applicant not having appropriate design dimensions.
PZC recommended the applicant update/complete the sign permit submittal for the next meeting. The PZC
then voted to continue the file to 4/5/22.
APPLICATION BACKGROUND
This is a new commercial tenant in the Town of Avon that will occupy the previous Pier 1 Imports location at
Chapel Square. As this space was once the old Walmart, it is one of three (3) units not included in the sign
program for the greater Chapel Square building (the current owners have not done an inclusion of this
building into their other master sign program, and Sun and Ski and this tenant- Appliance Factory, have
done independent sign permits. The third tenant space is currently empty). Sun and Ski also received a
Variance for their sign permit application. Staff hypothesizes that this building exceeds the common
expectations of the current sign code (one size does not fit all), and this may be the reason for the history of
Variances post-Walmart. It is unclear what the parameters were when the large Walmart was approved so
many years ago.
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PLANNING AND ZONING COMMISSION – STAFF REPORT APRIL 5, 2022
PLANNING AND ZONING COMMISSION APRIL 5, 2022
SUMMARY OF REQUEST:
In looking at the best sign design for this location, staff recommended a redesign of their branded logo in
order to effectively create a sign that is designed in the consistently linear sign shape as is found
throughout Avon. The applicants complied, and only after changing the design, it was discovered that the
previous Pier 1 Imports sign was a bit larger than what the applicants desire. While they are not requesting
a sign of that size (76.25 sq. ft), they are requesting to increase the size of their sign size from the 43.66 sq.
ft cap to 58.77 sq. ft, which requires a Variance. The sign size max reflects the relationship of the linear
frontage of this unit only.
The applicants wish their sign to occupy the space proportionate to the architectural frame of the store’s
frontage. They feel that the increase provides a more balanced look. As such, the redesigned Appliance
Factory and Mattress Kingdom, which includes interior lit channel letters and a significantly reduced symbol
that is found in their typical logo. There is no back panel. All lighting comes from internal LEDs. The total
area is calculated in “geometric shapes, as follows:
Additionally, the application has been updated with a sign design for the west side, as was desired by the
PZC to be included with this application vs. coming back in with a second sign permit. As a concession, the
applicants have reduced what would be allowed on this side of the building, to balance the scale on this
façade, using the same consideration of design that they used on the front facade. By code, this side would
be allowed a 64 sq. ft sign. They are now proposing a 62.99 sq. ft sign using the same channeled letters
and linear shape (see attached). This sign is significantly less than the previous Pier 1 sign that used to
occupy this space.
CONFORMANCE WITH SECTION 7.16.010(F)(1) REVIEW CRITERIA
(1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to
administratively approve a development application. The reviewing authority shall be the PZC
and/or Town Council for all development applications which are subject to public hearing. The
reviewing authority shall review development applications for compliance with all relevant
standards and criteria as set forth in the specific procedures for the particular application in this
Development Code, as well as the following general criteria which shall apply to all development
applications:
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PLANNING AND ZONING COMMISSION – STAFF REPORT APRIL 5, 2022
PLANNING AND ZONING COMMISSION APRIL 5, 2022
(i) The development application is complete;
(ii) The development application provides sufficient information to allow the reviewing authority to
determine that the development application complies with the relevant review criteria;
(iii) The development application complies with the goals and policies of the Avon Comprehensive
Plan; and
(iv) The demand for public services or infrastructure exceeding current capacity is mitigated by
the development application.
Staff Response:
The applicants have been very responsive and communicative regarding this application before and after
the 3/15/22 PZC meeting. They have submitted what was necessary to evaluate this application, and the
application once again, includes the signs slated for the two-sides of this corner unit. In summary, this
application is in conformance with the general review criteria for these files.
VAR22001
Variance Review Criteria:
The Planning and Zoning Commission shall consider the
following factors in assessing the Variance:
• The relationship of the requested variance to existing
and potential uses and structures in the vicinity;
• The degree to which relief from the strict or literal
interpretation and enforcement of a specified
regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity;
• Such other factors and criteria as the Planning and
Zoning Commission deems applicable to the
requested variance.
Staff Response:
The requested variance and sign application integrates well with the intended and neighboring uses, both in
the shopping center and the surrounding area (please see attached simulation images). In proximity to the
Sun and Ski location, other retail spaces have had signs larger than what regulations allowed for, with no
real impact on the community. Relief from the strict regulations would allow Appliance Factory Mattress
Kingdom (hereinafter AFMM), a sign compatible with the building and lot size, wall space, and location,
while also meeting the company site distance needs without being overbearing. In general, the proposed
signs achieve compatibility and uniformity of treatment among sites in the vicinity, in having signs that are
scaled appropriately for this exceptionally large and unique structure.
Effectively, using scale that is proportionate with the architecture as a means to size the sign, the
application strikes a good balance between the needs of a large-scale retail space and the general
interests of the Town.
Location
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PLANNING AND ZONING COMMISSION – STAFF REPORT APRIL 5, 2022
PLANNING AND ZONING COMMISSION APRIL 5, 2022
Required Findings:
The Planning and Zoning Commission shall make the following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the
limitations on other properties in the vicinity;
2. That the variance is warranted for one (1) or more of the following reasons:
3. The strict or literal interpretation and enforcement of the regulation would result in practical difficulty
or unnecessary physical hardship inconsistent with the objectives of the Sign Code,
4. There are exceptional or extraordinary circumstances or conditions applicable to the site of the
variance that do not apply generally to other properties in the vicinity,
5. The strict or literal interpretation and enforcement of the specified regulation would deprive the
applicant of privileges enjoyed by the owners of other properties in the vicinity.
Staff Response:
Strict interpretation of the sign code's maximum square footage limitations does result in the practical
difficulty in designing a sign that harmonizes with the objectives of the Sign Code. The subject tenant space
has such a unique facade, and with such a large storefront, the circumstances of this site as it relates to the
sign code are generally not applicable to other retail locations in the vicinity. Therefore, applying a Variance
to this space does not constitute a special privilege but provides a sense of fairness to these applicants.
Staff feels it is reasonable to allow this owner the same benefit as those with signs naturally in proportion to
average-sized buildings, where scale is in alignment with the expectations of the existing sign code and
where the need to deviate from the sign code itself is not necessary.
SGN22001
Review Criteria for a Sign Plan:
Section 7.16.160 of the Avon Municipal Code offers the following sign review criteria for consideration:
Review Criteria. The following review criteria shall be considered as the basis for a decision on sign plan
applications:
1. Evidence of substantial compliance with the purpose of the Sign Code as specified in Section
7.32(A) Sign Code Purposes;
2. The suitability of the improvement, including materials with which the sign is to be constructed and
the site upon which it is to be located;
3. The nature of adjacent and neighboring improvements;
4. The quality of the materials to be utilized in any proposed improvement;
5. The visual impact of any proposed improvement, as viewed from any adjacent or neighboring
property;
6. The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that
values, monetary or aesthetic, will be impaired;
7. Whether the type, height, size and/or quantity of signs generally complies with the sign code or
sign program, and are appropriate for the project;
8. Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is
appropriate for the determined orientation.
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PLANNING AND ZONING COMMISSION – STAFF REPORT APRIL 5, 2022
PLANNING AND ZONING COMMISSION APRIL 5, 2022
Staff Response:
Staff considers the signs in harmony with the Town’s average sign scale, building scale, potential visual
impacts, and architecture. The white sign backing from the original branded logo is gone, and the sign is
consistent with the litany of the other linear signs on adjacent properties. Further, the signs as presented
are relative to the size, scale, and materials of adjacent storefronts. Additionally, the application appears in
conformance with all review criteria and is suitable for the use and area as proposed.
Area signs exemplify an approach of visually appealing signs, which is continued in this application. Sun
and Ski, The Linen Kist/ANB Bank Building, Christy Sports, City Market, and the shopping center across
the street have internally lit channel letters. Other outlets in the Chapel Square area have oval, exterior lit
polycarbonate signs. Typically, almost all signs in this area of Town are linear in design.
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PLANNING AND ZONING COMMISSION – STAFF REPORT APRIL 5, 2022
PLANNING AND ZONING COMMISSION APRIL 5, 2022
STAFF RECOMMENDATION:
Staff recommends approving VAR22001 and file SGN22001 with the following language:
Recommended Motions and Findings:
I move to Approve file VAR22001 a Sign Variance application at Tract Bl, Block 2 Benchmark at Beaver
Creek with the following findings:
1. With a large storefront size, the circumstances of this site are generally not applicable to other sites
in the vicinity and therefore do not constitute a special privilege.
2. The variance is warranted because strict interpretation of the sign code maximum square footage
would result in a practical difficulty inconsistent with the objectives of the Sign Code.
3. Given the scale of this building frontage, it is reasonable to allow this owner the same benefit and
privileges enjoyed by the owners of other properties in the vicinity in having signs that are in
proportion to the storefront of this exceptional building.
I move to Approve file SGN22001 a Sign Design application at Tract Bl, Block 2 Benchmark at Beaver
Creek with the following findings:
1. The design application was reviewed in conformance with Chapter 7.34 Sign Code and as it is
found to be consistent with the requirements of this chapter.
UPDATED
SUBMITTAL
To whom it may concern,
The following submission requests that a variance be granted to allow Appliance Factory to install a
sign on the storefront elevation that is larger than what is currently allowed by code. With a 67'
frontage the current code allows for a maximum sign size of 43.66 sq ft on the storefront elevation. The
sign we are proposing is 58.77 sq ft which is still smaller the previous Pier 1 sign which was 76.25 sq
ft.
With this unit being a larger tenant space (12,000 sq ft of gross floor area) and having a larger store
front we feel that the sign at the allowed size looks out of place in relation to the overall sign band and
believe that the increase in size is warranted. We have modified the layout and configuration of the sign
from what is seen at other Appliance Factory locations to be more in line with neighboring businesses
to offer a more consistent and unified look.
Appliance Factory prides itself on being good stewards in the communities they operate in and
understands the need for size restrictions on signage to attain a balanced look and feel in the area as a
whole. We feel that the proposed signage draws a good balance with not being overwhelmingly large
and not being so small that it looks out of place.
Thank you for taking the time in considering our request.
WEST SIDE
VISUAL
IMPACTS