PZC Packet 031124AVON PLANNING & ZONING COMMISSION
MEETING AGENDA
TUESDAY, FEBRUARY fi, 2024 _ I O
PUBLIC MEETING BEGINS AT 6:00 PM V
ZOO MIKAELA WAY - COUNCIL CHAMBERS C 0 L O R A D 0
PZC TRAINING: 5 PM
1. PLANNING COMMISSION TRAINING AND INTRODUCTORY WORKSHOP WITH THE TOWN ATTORNEY,
NINA P. WILLIAMS
PUBLIC MEETING BEGINS AT 6:00 PM
1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON)
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS
4. PUBLIC BEARINGS
4.1. NONE
5. CONSENT AGENDA
5.1. FEBRUARY 6, 2024, PLANNING AND ZONING COMMISSION MEETING MINUTES
5.2. RECORD of DECISION TMP24001
5.3. RECORD OF DECISION REZ23001
6. FUTURE MEETINGS
6.1. MARCH 25, 2024 (MONDAY)
6.2. APRIL 8, 2024 (MONDAY)
7. STAFF UPDATES
7.1. CPA23001 COMP PLAN AMENDMENT
7.2. EAGLEBEND POCKET PARK UPDATE
7.3. AVON SKATE PLAZA UPDATE
7.4. PZC BOARD - POSITIONS (REMINDER)
8. ADJOURN
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.
AVON PLANNING & ZONING COMMISSION
MEETING MINUTES
TUESDAY, FEBRUARY 6, 2024
MEETING BEGINS AT 5:00PM Avon
100 MIKAELA WAY -AVON COUNCIL CHAMBERS
1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON)
MEETING COMMENCED AT 5:05PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS BRAD CHRISTIANSON,
KEVIN HYATT, BILL GLANER, AND ANTHONY SEKINGER WERE PRESENT. ALSO PRESENT WERE COMMUNITY
DEVELOPMENT DIRECTOR MATT PIELSTICKER, AICP, PLANNING MANAGER JENA SKINNER, AICP, PLANNER II MAX
MORGAN, AND APPLICANT JEFF MAUS. COMMISSIONERS TOM SCHAEFER AND OLIVIA COOK WERE NOT IN ATTENDANCE.
2. APPROVAL OF AGENDA
ACTION: COMMISSIONER CHRISTIANSON MADE A MOTION TO APPROVE THE AGENDA. COMMISSIONER GLANER
SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 4-0.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS
THERE WERE NO CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION.
4. PUBLIC HEARINGS
4.1. FILE#TMP24001 I TEMPORARY USE 331 METCALF RD (PLANNING MANAGER, JENA SKINNER)
ACTION: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE APPLICATION WITH THE TWO CONDITIONS
INCLUDED IN THE STAFF REPORT. COMMISSIONER CHRISTIANSON SECONDED THE MOTION, AND THE MOTION PASSED
UNANIMOUSLY, 4-0.
4.2. FILE#REZ23001 I SLOPESIDE REZONING APPLICATION (PLANNING MANAGER, JENA SKINNER)
ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE APPLICATION AS PRESENTED IN THE STAFF
REPORT. COMMISSIONER HYATT SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 4-0
5. CONSENT AGENDA
5.1. JANUARY 17, 2024, PLANNING AND ZONING COMMISSION MEETING MINUTES
5.2. RECORD of DECISION MJR23005
5.3. 2024 PZC MEETING SCHEDULE
ACTION: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER HYATT
SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 4-0.
6. FUTURE MEETINGS
6.1. FEBRUARY 21, 2024 (WEDNESDAY)
6.2. MARCH 11, 2024 (MONDAY)
7. STAFF UPDATES
7.1. CODE TEXT AMENDMENT CTA23002 COMMUNITY HOUSING ZONE DISTRICTS
7.2. SUN ROAD/EAST AVON SUB -AREA MASTER PLANS & THE DDA MEETING
7.3. EAGLEBEND POCKET PARK
7.4. WAYFINDING CAPSTONE PROJECT
7.5. PZC BOARD - POSITIONS
8. ADJOURN
ACTION: COMMISSIONER SEKINGER ADJOURNED THE MEETING AT 6:02PM.
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 RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE
TOWN CLERK'S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST.
APPROVED:
0
CHAIRPERSON
PLANNING AND ZONING COMMISSION FINDINGS OF FACT
AND RECORD OF DECISION
DATE OF PUBLIC HEARING: February 6, 2024
TYPE OF APPLICATIONS: Temporary Use Permit
PROPERTY LOCATION: 331 Metcalf Road
FILE NUMBER: TMP23001
APPLICANT: Jeff Maus
A
AVCOLORR �O n
This Record of Decision is made in accordance with the Avon Development Code §7.16.010fl (1)
PZC DECISION ON #TMP23001: Approval With Conditions
FINDINGS:
TMP24001: TEMPORARY USE PERMIT
1. The temporary use shall comply with all applicable general and specific regulations of this
Section, other Town ordinances, and state and federal law unless otherwise expressly stated;
2. The applicant has demonstrated that they possess the requisite skills and experience to
ensure that the particular activity will be conducted in a safe and orderly manner;
3. Facilities and services (including sewage and waste disposal, water, gas, electricity, police and
fire protection, roads and transportation, as applicable) are available to serve the proposed
temporary use;
4. The temporary use or structure shall not cause unreasonable negative impacts to properties,
residents, business or public uses in the vicinity;
5. The temporary use is not of a nature that will become impractical to cease or remove over
time, much like other uses within the existing building;
6. Guarantees for restoration are not relevant to this Permit;
7. All signage associated with the temporary use shall be properly permitted pursuant to Chapter
15.28, Sign Code, and removed when the activity ends or permit expires, whichever occurs
first;
8. The temporary use or structure shall not violate any applicable conditions of approval that
apply to the principal use on the site;
9. The temporary use regulations of this Section do not exempt the applicant or operator from any
other required permits;
10. The temporary use shall not disturb exterior factors such as floodplains, etc. as all services are
within an existing structure;
11. Tents and other temporary structures are not applicable to this use;
12. Off-street parking is adequate to accommodate the proposed temporary use as this is a
limited, "appointment -only" type of use.
PZC Record of Decision: TMP23001
13. The temporary use will not result in excessive demands for police, ambulance, fire or other
essential public services which may negatively impact the capacity of existing public services;
14. The size, nature or location of the temporary use is not reasonably likely to cause any clear
and present danger of injury to persons and property;
15. This is the only Temporary Use Permit for this property and for this use;
16. The location of the temporary use is within an existing structure and will not substantially
interfere with any construction or maintenance work scheduled to take place upon Town
streets; and
17. The temporary use or structure shall be for a duration which is appropriate considering the
location, use, planned development and activities in the vicinity and impact on nearby
properties.
GENERAL CRITERIA FINDINGS:
The application qualifies as a Temporary Use Permit subject to review according to §7.16.020
of the Development Code, and has been applied for by a qualified lessee as is permitted;
The development application provides sufficient information to allow the reviewing
authority/PZC to determine that the development applications comply with the relevant review
criteria;
The development application complies with the goals and policies of the Avon Comprehensive
Plan; and
There is no extra demand for public services or infrastructure exceeding current capacity and
no mitigation is required for this use.
CONDITIONS:
1. The approval is valid until February 6, 2027, and shall run concurrent with the underlying lease for
this business owner. If this business ceases operations prior to the expiration of this Permit, this
Permit shall also terminate accordingly.
The Applicant shall obtain and maintain a Business License in good standing with the Town of
Avon for the duration of the Temporary Use Permit.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:
PZC Chairperson
PZC Record of Decision: TMP23001
DATE:
PLANNING AND ZONING COMMISSION FINDINGS OF FACT
AND RECORD OF DECISION
DATE OF PUBLIC HEARING
TYPE OF APPLICATIONS:
PROPERTY LOCATION:
FILE NUMBER:
APPLICANT:
February 6, 2024
Rezoning
Benchmark at Beaver Creek Tract Y
REZ23001
Town of Avon
A
AVCOLORR �O n
This Record of Decision is made in accordance with the Avon Development Code §7.16.010(F)(1)
DECISION ON #REZ23001: Recommendation to Town Council: Approval
(1) Evidence of substantial compliance with the purpose of the Development Code has been
established within the application;
(2) This application is consistent with the 2017 Avon Comprehensive Plan as this parcel is slated for
Community Housing- recognized has an important use within the Plan;
(3) The physical suitability of the land for the proposed development or subdivision is sufficient for
the purposes of this rezoning;
(4) Compatibility with surrounding land uses is reasonable, as this area is comprised of a mix of
residential and neighborhood commercial uses;
(5) The proposed rezoning is justified by changed or changing conditions in the character of the area
proposed to be rezoned, especially as Community Housing is an established need;
(6) There are adequate facilities available to serve development for the type and scope suggested
by the proposed zone compared to the existing zoning, that will not affect the existing level of
services available currently;
(7) The rezoning is consistent with the stated purpose of the proposed zoning district: Community
Housing;
(8) The rezoning will not result in adverse impacts upon the natural environment, including air, water,
noise, stormwater management, wildlife and vegetation, and any impacts will be substantially
mitigated through future development applications;
(9) The rezoning will not result in significant adverse impacts upon other property in the vicinity of
the subject tract;
(10) As this rezoning is not within an existing PUD, consistency with a relevant PUD Master Plan is
not applicable; and
(11) Adequate mitigation may be required for future development applications as the rezoning will
result in greater intensity of land use or increased demands on public facilities and infrastructure;
however, during the next phase of entitlement.
And,
Conformance with General Review Criteria in AMC §7.16.010(f)(1), General Criteria, which provides
criteria that are applicable to all development applications:
(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:
(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 recently
updated Avon Comprehensive Plan; and
(iv) The demand for public services or infrastructure exceeding current capacity will
be mitigated by future development applications.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:
PZC Chairperson
PZC Record of Decision: REZ23001
I1L111:I