PZC Packet 040213Staff Report - SRU/Minor Development Plan/AEC AV a
April 2, 2013 Planning & Zoning Commission Meeting
Report date March 29, 2013
Project type Parking Lot & Landscaping
Legal description Lots 2 & 3, Block 1, Benchmark at Beaver Creek Subdivision
Zoning Neighborhood Commercial (NC)
Address 0111 & 0121 Nottingham Road
Prepared By Matt Pielsticker, AICP
Summary of Requests
The Applicant, G.P.I., LLC, (the Owner), represented by Mauriello Planning Group, has
submitted a Minor Development Plan, Special Review Use (SRU), Alternative Equivalent
Compliance (AEC) application for a surface parking lot and associated landscaping on Lot 2,
Block 1, Benchmark at Beaver Creek Subdivision, also described as o111 Nottingham Road ("the
Property"). The Applicant is proposing to construct 30 parking spaces, crosswalk
improvements, grading, landscaping, and lighting for the crosswalk.
The SRU was submitted since a "commercial parking lot" is only permitted via an SRU permit
processed by Avon Municipal Code (AMC) §7.24.060, Special Review Use. The parking lot is
intended for a particular use, employees and customers of business in the Northside building,
and is in the same ownership as the principal use. The Minor Development Plan is being
processed in accordance with AMC §7.16.080, Development Plan, for landscaping and other
above -ground improvements. The AMC permits variations to certain development standards
via the AEC process; in this case the Applicant is proposing an alternative landscape plan
design.
Process
The Application was submitted in February, 2013. Upon submittal, Engineering and Public
Works staff reviewed the driveway design and orientation of the entrance. It was determined
that as originally proposed the driveway entrance could pose safety conflicts given its
proximity to the Shell Gas station back entrance and the Swift Gulch Road intersection
immediately across the street. The application was revised in response to initial Staff
comments and resubmitted on March 26, 2013.
Before PZC are three applications to be reviewed concurrently. Staff's proposed motion will
be discussed below; however, action will take place in two parts: 1) SRU must be acted upon
first to address the use of the Property for surface parking; and 2) Design and Development
Plan including landscaping can be acted upon separately if the use is approved. PZC is the final
review authority according to AMC Table 7.16-1, Development Review Procedures and Review
Authority.
April 2, 2013 PZC Meeting
Lots 2 & 3, Block 1, BMBC — Northside Parking
Public Noticing and Hearing
The SRU requires a noticed public hearing. Pursuant to a publishing in the Vail Daily for the
March 5, 2013 PZC meeting, the public hearing was opened and continued to the March 19, 2013
meeting, and again to the April 2, 2013 meeting in order to address Staff comments. The
hearing will be opened to public comments before final action.
Planning Analysis
The proposed parking area and landscape plan, including AEC request, appear to conform to
the applicable review criteria as presented. Each individual application includes separate
review criteria, and therefore Staff is providing a response to each as follows:
SRU Review Criteria- AMC_§7.16.ioo(e)
(i) The proposed use is consistent with the Comprehensive Plan and all applicable
provisions of this Development Code and applicable state and federal regulations;
Staff response: The proposed parking use is consistent with the Comprehensive Plan
and applicable development standards of the Development Code. The parking lot
perimeter landscaping requirements was identified as the sole variation to the
Development Standards. The applicant has provided rationale for an AEC application
from that particular requirement.
(2) The proposed use is consistent with the purpose and intent of the zoning district in
which it is located and any applicable use -specific standards in the Development Code;
Staff _Response: The Neighborhood Commercial (NC) zone district is established to
provide "small-scale" neighborhood servicing commercial uses and a safe pedestrian
environment. This parking area serves the neighboring Northside building and is served
with a clearly defined crosswalk that will be demarcated and lit with new light fixtures at
either side.
(3) The proposed use is compatible with adjacent uses in terms of scale, site design,
and operating characteristics;
Staff Response: After responding to initial staff comments, the site design and
operating characteristics now appear to function better with neighboring adjacent uses.
(4) Any significant adverse impacts (including, but not limited to, hours of operation,
traffic generation, lighting, noise, odor, dust, and other external impacts) anticipated to
result from the use will be mitigated or offset to the maximum extent practicable;
Staff Response: There are no significant adverse impacts anticipated with this proposed
use. The landscaping improvements should provide some level of mitigation to the
appearance if parked rows of vehicles.
(5) Facilities and services (including sewage and waste disposal, water, gas, electricity,
police and fire protection, and roads and transportation, as applicable) will be available
to serve the subject property while maintaining adequate levels of service for existing
development; and
April z, 2013 PZC Meeting 2
Lots 2 & 3, Block 1, BMBC — Northside Parking
Staff Response: This criterion is not applicable to this application. Parking will be
properly regulated by the private property owner(s).
(6) Adequate assurances of continuing maintenance have been provided.
Staff Response: The AMC requires property owners to maintain parking areas (i.e.
striping) on a yearly basis. Landscaping must also be maintained and that is the
responsibility of the property owner. No other assurances are needed in this instance
that the improvements will be maintained in the future.
Minor Development Plan_ Review Criteria- AMC §7.t6020(f)
(�) Evidence of substantial compliance with the purpose of the Development Code as
specified in §7.04.030, Purposes;
Staff Response: This application is in general conformance with the Purpose statements
of the Development Code. Using the property for parking is an appropriate use of the
land given its close proximity to the Avon Road/Interstate-7o intersection and the auto
centric nature of the area.
(2) Evidence of substantial compliance with the §7.16.o9o, Design Review.
Staff Response: The primary purpose of the Design Review section of the Development
Code is to help blend development into the built environment with careful thought to
the location of buildings and landscaping.
(3) Consistency with the Avon Comprehensive Plan;
Staff Response: The Property is located in District 13: Nottingham Road Commercial
District. The planning principles for this district include the following:
Planning Principles:
Limit access points on Nottingham Road to simplify traffic
movements.
0 Require landscape setbacks and internal landscaping of
parking lots.
0 Screen all equipment and storage areas from view.
Limit building heights to that which is compatible with the
existing surrounding development_
Development intensity and activity should diminish when
Working with the Applicant to properly locate the access point to Nottingham Road was
important to Staff in order to simplify traffic movements for this portion of Nottingham
Road. The Landscape Plan also helps to screen the parking area from adjacent
properties.
April 2, 2013 PZC Meeting
Lots 2 & 3, Block 1, BMBC — Northside Parking
(4) Consistency with any previously approved and not revoked subdivision plat, planned
development, or any other precedent plan or land use approval for the property as
applicable;
Staff Response: There are no previously approved development plans on file with
Community Development for the Property.
(5) Compliance with all applicable development and design standards set forth in this
Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and
Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development
Standards; and
Staff Response: As mentioned, other than the parking lot perimeter requirements in
AMC §7.28.o5o(f), Parking Lot Landscaping, this development plan is in compliance with
the design and development standards in the Development Code.
(6) That the development can be adequately served by city services including but not
limited to roads, water, wastewater, fire protection, and emergency medical services.
Staff Response: This development should not increase the demand on public services
and therefore is not applicable.
AEC Review Criteria —AMC §7A6.i2o(d�
(i) The proposed alternative achieves the intent of the subject design or development
standard to the same or better degree than the subject standard;
Staff Response: The Landscape Plan appears to achieve the intent of the Parking Lot
Landscaping Standards, by softening the visual appearance of parked vehicles.
(2) The proposed alternative achieves the goals and policies of the Avon Comprehensive
Plan to the same or better degree than the subject standard;
Staff Response: The alternative achieves the goals and policies of the Avon
Comprehensive Plan. It is difficult to know exactly what meeting the 1.2 landscape unit
requirement for perimeter landscaping would look like in this instance; however, three
times as much landscaping than proposed is not necessary.
(3) The proposed alternative results in benefits to the community that are equivalent to
or better than compliance with the subject standard; and
Staff Response: The proposed Landscape Plan results in an equivalent benefit to the
community.
(4) The proposed alternative imposes no greater impacts on adjacent properties
Staff Response: As stated throughout, the proposed "alternative" landscape plan
design does not impose any increased impacts to adjacent properties than strict
adherence to the code.
April i, 2013 PZC Meeting 4
Lots 2 & 3, Block 1, BMBC — Northside Parking
Engineering Analysis
The Engineering department has reviewed the site plan for compliance with applicable codes
and the parking lot design meets Town of Avon standards. The drainage off of Nottingham
Road will be diverted safely around the parking lot and the developer is installing a water
quality pond that treats the storm water runoff. Engineering Staff agrees that the design of
the crosswalk across Nottingham Road and the associated pedestrian lighting will provide for a
safe environment for pedestrians to cross the road. With the recommended conditions of
approval stated herein, Staff recommends PZC approve this Application.
Recommendation
For the reasons stated herein, staff recommends approval of the Application as proposed. The
proposed development plan and SRU are in conformance with the review criteria. Staff has
prepared two (2) recommended motions: 1St motion is to approve the use of the property for
parking; 2nd motion approves the physical improvements to the property and crosswalk.
Recommended Motion
1St Motion
"I move to approve Resolution 13-02, thereby approving the SRU application for parking on Lot
2, Block 1, Benchmark at Beaver Creek Subdivision."
2nd Motion
"I move to approve the Minor Development Plan and AEC request for parking and landscaping
on Lot 2, Block 1, Benchmark at Beaver Creek Subdivision, with the following findings and
conditions:
Finding
1. The Application is in conformance with the Minor Development Plan review criteria and
AEC review criteria in AMC §7.16.02o(f) and §7.16.12o(d) respectively.
Conditions
1. The Site Plan will be revised accordingly:
a. Relocate existing 25 MPH speed limit sign to vicinity of northwest corner of Lot.
b. Sizing calculations for the proposed water quality pond will be provided to and
approved by the Engineering Department prior to permit.
c. Light fixtures that match the Avon standard fixture will be used for the
crosswalk lighting.
z. Any changes to the March 26, 2013 must be approved by the Community Development
Department. Changes will be referred to PZC at the discretion of Community
Development Staff.
Attachments
A: Application Materials, Dated March 26, 2013
B: Draft Resolution 13-02
April z, 2013 PZC Meeting 5
Lots 2 & 3, Block 1, BMBC — Northside Parking
Attachment A
Northside
Parking Lit
Applications to the Town of Avon
Special Review Use,
Minor Development Plan, &
Alternative Equivalent Compliance
01 1 1 and 0121 Nottingham Road
Lots 2 and 3, Block 1, Benchmark
at Beaver Creek Subdivision
V a
Date Submitted: February 6, 2013
Revised: March 26, 2013
Mauriello Planning Group
Table of Contents
Proposal
Minor Development Plan:
Special Review Use
Alternative Equivalent Compliance
Adjacents
Appendices
Application Forms
Title Report
Soils Report
Site Survey
Site Plan
Landscape Plan
3
6
8
10
12
13
Attachment A
2
Attachment A
Proposal
The applicant, G.P.I., LLC, represented by Mauriello Planning Group is requesting a Special
Review Use, Minor Development Plan, and Alternative Equivalent Compliance, for the
construction of a parking lot located at 01 1 1 and 0121 Nottingham Road / Lots 2 and 3, Block
1, Benchmark at Beaver Creek Subdivision. The parking lot is located entirely on Lot 2,
however, there is some minor grading occurring on Lot 3.
The proposed improvements consist of 23 new parking spaces and associated drive aisle, site
grading, lighting, and landscaping, along with a proposed crosswalk. The originally submitted
design provided the entrance to the parking lot to be aligned with Swift Gulch Road. However,
the Town Engineering, in coordination with the Road and Bridge Department, felt that the
alignment which is currently in use for temporary parking provides a much safer, better
situation. As a result, the parking lot was substantially redesigned. The two designs are
provided below:
Original Parking Lot Design
Current Parking Lot Design
'q
Attachment A
The parking lot is being developed to provide additional employee and customer parking for the
Northside Coffee and Kitchen located across the street from the proposed parking lot. The
Northside project has been wildly successful and the key to maintaining that success is to
maximize the availability of parking. The parking area may be used in the evenings for valet
parking. The parking lot is additional parking and does not constitute parking required to serve
the existing use.
A crosswalk is proposed at the intersection with Swift Gulch Road accessing the existing
handicap accessible sidewalk on the north side of the road. Lighting is proposed on either end
of the crosswalk to allow for a safe crossing. The location of the crosswalk is strategic for two
reasons. First it is located at an intersection where crosswalks are typical and expected versus
a mid -block crossing and second its located in the most narrow section of the roadway making
it the quickest crossing for pedestrians in this section of roadway.
The application submitted is a Minor Development Plan, in accordance with Section 7.16.080 of
the Avon Development Code and Special Review Use, in accordance with Section 7.16. 100 of
the Avon Development Code. In addition, we are submitting an application for Alternative
Equivalent Compliance in accordance with Section 7.16.120 of the Avon Development Code
from the unrealistic landscape requirements contained in the Development Code. The design of
the parking lot does not comply with Section 7.28.090 Design Standards of the Avon
Development Code, with regard to the number of landscape units required in subsection ii,
which states:
(I) Parking Lot Perimeter Landscaping
(i) Perimeter parking lot landscaping a minimum width of six (6) feet shall be required for
all parking lots having more than three (3) spaces where the parking lot is adjacent to a
public street or a non -retail or industrial use such as a residential area, institutional use
(e.g., hospital), or office.
(ii)The parking lot perimeter landscaping shall achieve a minimum of
one and two-tenths (1.2) landscape units per lineal foot.
(iii) Where lots are being developed in a mixed-use district, the parking lot perimeter
landscaping requirement may be reduced along an interior lot line, at the discretion of
the Director, provided that interior parking /at landscaping applies to both parking lots.
Based on the perimeter of the parking lot of 475 linear feet, this code section requires 570
landscape units. As proposed, the design provides 162.5 landscape units which includes 7 trees
and 36 shrubs. The points are broken down as follows:
• Spruce Trees - 24 points
• Ash Trees - 28 points
• Shrubs - 36 points
• Boulders - 24 points
• Xeriscape - 44 points
• Cobble/cedar mulch - 6.5 points
Total points 162.5
0
Attachment A
In addition, there is a 10% bonus for maintaining a minimum of 300 sq. ft. of native vegetation on
the site which the project is eligible for. However, there is no additional information on how to
calculate this bonus (i.e., 10% of the points proposed? 10% reduction is points required?) so this
bonus has not been included in the calculation. The landscape plan is provided below:
5
Attachment A
,'Minor Development Plan:
Section 7.16.080 Development Plan of the Avon Development Code provides the review
criteria for a Minor Development Plan:
(1) Evidence of substantial compliance with the purpose of the Development
Code as specified in §7.04.030, Purposes;
Applicant Response: The proposed additional parking is in compliance with the purpose of
the Development Code. Specifically, the following purpose statements are applicable to this
project:
(d) Avoid undue traffic congestion and degradation of the level of service provided by streets and
roadways, promote effective and economical mass transportation, and enhance effective,
attractive and economical pedestrian opportunities;
(e) Promote adequate light, air, landscaping and open space and avoid undue concentration or
sprawl of population;
(f) Provide a planned and orderly use of land, protection of the environment, and preservation of
viability, all to conserve the value of the investments of the people of the Avon community and
encourage a high quality of life and the most appropriate use of land throughout the
municipality,
(I) Promote architectural design which is compatible, functional, practical and complimentary to
Avon's sub -alpine environment,
(m) Achieve innovation and advancement in design of the built environment to improve
efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of
non-renewable natural resources, and attain sustainability;
(p) Promote the health, safety, and welfare of the Avon community.
While generally these purpose statements are more applicable to development on a much
grander scale than the proposed parking lot, the proposal is in compliance with these
purpose statements.
(2) Evidence of substantial compliance with the §7.16.090, Design Review.
Applicant Response: The parking lot is in substantial compliance with Section 7.16.090. The
proposed parking is not required of any development and is intended to allow for extra
parking to help ensure the success of a local business that generates substantial revenues to
the Town.
(3) Consistency with the Avon Comprehensive Plan;
1.1
Attachment A
Applicant Response: The Avon Comprehensive Plan provides the following Future Land Use
Map:
The map identifies the property as "Neighborhood Commercial" which is defined as follows:
Neighborhood Commercial — These areas are
intended to provide neighborhood -focused retail and
service uses (such as markets, childcare, restattrants, and
cafes) that are conveniently located near and connected
E ith surrounding residential neighborhoods.
The proposed parking lot is consistent with the Avon Comprehensive Plan.
(4) Consistency with any previously approved and not revoked subdivision
plat, planned development, or any other precedent plan or land use
approval for the property as applicable;
Applicant Response: The proposed parl<ing is consistent with the above criterion.
(5) Compliance with all applicable development and design standards set
forth in this Code, including but not limited to the provisions in Chapter
7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use
Regulations, and Chapter 7.28, Development Standards; and
Applicant Response: The proposed parking complies with the above criterion by meeting all
of the development and design standards for a parl<ing lot, except for those noted in the
proposed AEC.
7
Attachment A
(6) That the development can be adequately served by city services
including but not limited to roads, water, wastewater, fire protection,
and emergency medical services.
Applicant Response: No additional services will be required with this proposal.
,.'Special Review Use
Section 7.16. 100 Special Review us provides the criteria for the review of a Special Review Use:
(1) The proposed use is consistent with the Comprehensive Plan and all
applicable provisions of this Development Code and applicable state and
federal regulations;
Applicant Response: This criterion was addressed in the section above. The proposed
parking lot is consistent with the Comprehensive Plan, the Avon Development Code, and all
applicable state and federal regulations.
(2) The proposed use is consistent with the purpose and intent of the zoning
district in which it is located and any applicable use -specific standards in
the Development Code;
Applicant Response: The property is zoned Neighborhood Commercial as indicated on the
Town of Avon Zoning Map provided below:
Zoning Districts
Residential Duplex
dF Town Center
Residential Low Density
de Industrial and Commercial
de Residential Medium Density
_i Public Facility
dF Residential High Density
Park
Residential High Density Commercial
(Retired) dF 0pen Space, Landscaping and Drainag
dF Neighborhood Commercial
Planned Unit Development
Shopping Center (Retired)
dF Planned Unit Development, Open Spat
Mired Use Commercial
�� Short Term Ov h v
Avon Town Boundary
PUD Boundary
Roads
10 PUD Number
I-70
Rivers and Lykes
Section 7.20.080 provides the purpose of the Neighborhood Commercial zone district:
Neighborhood Commercial (NC). The NC district is established to provide for a compatible mix
of residential, small-scale neighborhood -serving commercial and civic uses. Townhouse, multi-
family units, and limited commercial uses are allowed in this district. This district is intended to
Lf
Attachment A
be placed in a neighborhood setting providing a comfortable and safe pedestrian environment
and further enhancing the character of the neighborhood. The NC district implements the
mixed-use classification of the Avon Future Land Use Plan and should be located along a
collector roadway.
The proposed parking lot is consistent with the purpose of the NC zone district. The
proposed parking lot is to serve as additional parking for the commercial uses across the
street. To ensure safe pedestrian passage, a crosswalk is proposed. The parking lot will be
lit to provide for a safe environment to the patrons of the lot. Finally, the landscaping has
been designed to adequately screen the parking from adjacent properties and will enhance
the character of the neighborhood.
A parking lot is a special review use in the NC zone district, according to Table 7.24-1
Allowed Uses. There are no use -specific standards associated with this use.
(3) The proposed use is compatible with adjacent uses in terms of scale, site
design, and operating characteristics;
Applicant Response: The parking lot will be signed for Northside use only. The sign will be
submitted to staff for approval prior to erection. The lot will be asphalted and striped for 23
parking spaces. The lot will be maintained by the owner to ensure that it is kept in a clean
and well-maintained state. The parking lot is compatible with adjacent uses and will fit in
with the neighborhood. The property is located between a gas station/convenience store
(to the east) and automotive service facility (to the west), indicated in the photos below:
Both of these properties are zoned Neighborhood Commercial. The westbound Interstate
70 on-ramp is located directly to the south of the property. To the north is Lot I of the
Buck Creek PUD, which is currently vacant. Though there is no building development
proposed, the parking lot is compatible with these uses. The proposed landscaping will
benefit the neighboring properties and the lot will be operated with the same care and
attention as the Northside development.
(4) Any significant adverse impacts (including, but not limited to, hours of
operation, traffic generation, lighting, noise, odor, dust, and other
external impacts) anticipated to result from the use will be mitigated or
offset to the maximum extent practicable;
Ei
Attachment A
Applicant Response: No adverse impacts are anticipated from the proposed use.
(5) Facilities and services (including sewage and waste disposal, water, gas,
electricity, police and fire protection, and roads and transportation, as
applicable) will be available to serve the subject property while
maintaining adequate levels of service for existing development; and
Applicant Response: Adequate facilities and services exist to this property. It is zoned for
substantially higher level of development. As a parking lot, there are limited needs for
additional facilities and services.
(6) Adequate assurances of continuing maintenance have been provided.
Applicant Response: The owner will maintain the parking lot and all associated
improvements.
', 'Alternative Equivalent Compliance
Section 7.16.120 Alternative Equivalent Compliance provides the following 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;
Applicant Response: The parking lot landscaping requirements are new and have not been
applied to many projects at this point. Upon review of them, we discovered that they are
cumbersome and generally impossible to meet. As designed, the landscaping will adequately
screen the parking while minimizing water usage.
(2) The proposed alternative achieves the goals and policies of the Avon
Comprehensive Plan to the same or better degree than the subject
standard;
Applicant Response: This criterion was addressed in the analysis above.
(3) The proposed alternative results in benefits to the community that are
equivalent to or better than compliance with the subject standard; and
Applicant Response: As the proposed landscape plan shows, the parking lot will be screened
appropriately with the number of trees and amount of landscaping proposed. The landscape
requirements of the Avon Development Code are far in excess of what is needed to
appropriately screen parking lots and should be revisited and tested on a variety of existing
properties to evaluate the requirements.
10
Attachment A
(4) The proposed alternative imposes no greater impacts on adjacent
properties than would occur through compliance with the specific
requirements of this ordinance.
Applicant Response: The proposed alternative to the design of the parking area has no
impact on adjacent properties. Landscaping has been focused at the entrance to the lot and
along the east property line. There is significant distance (all of Lot 3) before the next
adjacent property, which is an automotive service facility. As indicated in the aerial below,
there are existing trees along this property line.
11
Site Survey
Attachment
17
GENERAL NOTES
1. DATE OF TOPOGRAPHY: NOVEMBER 12, 2012.
2. PROJECT BENCHMARK: SEWER MANHOLE MH 200 LOCATED NEAR THE NORTHEAST
CORNER OF LOT 2. RIM ELEVATION = 7496.6, INVERT (N) ELEVATION =7492.2,
INVERT (S) ELEVATION =7482.1 (SEE DRAWING).
3. LOTS 2 AND 3 ARE SUBJECT TO THE TERMS, CONDITIONS, OBLIGATIONS AND
EASEMENTS OR RIGHTS OF WAY AS SHOWN ON PLATS RECORDED RESPECTIVELY:
FEBRUARY 27, 1974 IN BOOK 233 AT PAGE 566; DECEMBER 26, 1974 IN BOOK
238 AT PAGE 41; AUGUST 11, 1976 IN BOOK 247 AT PAGE 989; OCTOBER 1, 1976
IN BOOK 249 AT PAGE 93; AND SEPTEMBER 5, 1978 IN BOOK 274 AT PAGE 701.
4. LOTS 2 AND 3 ARE SUBJECT TO THE EASEMENTS, CONDITIONS, COVENANTS,
RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF BENCHMARK AT BEAVER
CREEK RECORDED DECEMBER 26, 1974 IN BOOK 238 AT PAGE 41.
5. LOTS 2 AND 3 ARE SUBJECT TO THE TERMS, CONDITIONS AND PROVISIONS OF
TRENCH, CONDUIT & VAULT AGREEMENT RECORDED AUGUST 14, 2007 AT RECEPTION
NO. 200721567. SAID AGREEMENT IS INSUFFICIENTLY DIMENSIONED TO SHOW
HEREON.
6. ALL UTILITIES SHOWN HEREON WERE FIELD LOCATED BY 1st CALL LOCATING. PEAK
LAND CONSULTANTS, INC. ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE
LOCATIONS SHOWN FOR ADDITIONAL UTILITES NOT SHOWN. ALL UTILITY LOCATIONS
SHOULD BE FIELD VERIFIED PRIOR TO CONSTRUCTION.
7. PEAK LAND CONSULTANTS, INC. DID NOT PERFORM A TITLE SEARCH OF THE
SUBJECT PROPERTY TO ESTABLISH OWNERSHIP, EASEMENTS OR RIGHTS-OF-WAY OF
RECORD. RECORD DOCUMENTS UTILIZED IN THIS TOPOGRAPHIC MAP WERE PROVIDED
BY LAND TITLE GUARANTEE COMPANY, ORDER No. V50018213, DATED OCTOBER 24,
2012, AT 5:00 P.M..
8. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST
DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY
DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE
OF CERTIFICATION SHOWN HEREON.
SURVEYOR'S CERTIFICATE
I, BRENT BIGGS, A PROFESSIONAL LAND SURVEYOR REGISTERED UNDER THE LAWS OF
THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS TOPOGRAPHIC MAP WAS
MADE BY ME AND UNDER MY SUPERVISION, AND THAT THE MAP IS ACCURATE AND
CORRECT TO THE BEST OF MY KNOWLEDGE.
DATE:
BRENT BIGGS
COLORADO P.L.S. No. 27598
FOR & ON BEHALF OF PEAK LAND CONSULTANTS, INC.
LEGEND
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-�
SIGN
-4s-cAs- ,s c.� G,� BURIED GAS LINE
TP
®
TELEPHONE PEDESTAL
-�'K pd pH PH PH BURIED PHONE LINE
®
TRANSFORMER
-sEwsEw sEw sEw sEw BURIED SEWER LINE
------------------ EDGE OF ASPHALT
---------------------- EDGE OF CONCRETE
0 o FENCE (WOOD)
INDICATES A DECIDUOUS TREE WITH TRUNK DIAMETER.
\ \ INDICATES AN EVERGREEN TREE WITH TRUNK DIAMETER.
D
PEAK LAND CONSULTANTS, INC.
PH:(970)476-8644 FAX:(970)476-8616
1000 LION'S RIDGE LOOP, SUITE 1D
VAIL, CO 81657
Attachment A
GRAPHIC SCALE
20 0 10 20 40
( IN FEET )
1 inch = 20 ft.
\� \ 400 \ \ /
\ \ 7488. �` {/ e00 c Q \ / / 00 Q //
66?�•`� ?4s Nq�F \ /�� / S23°42'15"W - 164.17' \
qT /O 05 \
7489.2 �w \ q \ \ �SAa AgcFgSE/ y N / L 7493.6
\\\SA�yq�Tp \\\ �/ � 93��o� /
4 m \
`�� LOT 1
\\\ 7488.4\\\ Sts�Q�A\ �\ 4, J
7488.9 \ \ \ \ %88 s��\ {" / 7492.9
FOUND No. 5 REBAR \ \
7488.6
T7489.3 7490.6 \
SEWER MANHOLE MH 002
RIM ELEVATION = 7489.6
E\ \ INVERT (N) ELEVATION = 7485.0 \
NO. 7489.6 o INVERT (SE) ELEVATION = 7484.9 \
7489.8 �� \
0748x.9
\
SEWER MANHOLE \
RIM ELEVATION = 7488.9 \ \ \ \ \
INVERT (W) ELEVATION = 7483.1 \ �f90 \ \ \ SEWER MANHOLE
INVERT (E) ELEVATION = 7483.2 \ RIM ELEVATION = 7489.2
(NOT ON ERW&SD AS -BUILT DRAWINGS) \ \ 7469.9 INVERT (W) ELEVATION = 7483.4 \
\ \ \ 7490.1 INVERT (E) ELEVATION = 7483.3
(NOT ON ERW&SD AS -BUILT DRAWINGS)
N66017'45"W - 79.13'
TOPi
CURVE TABLE
CURVE DELTA RADIUS LENGTH TANGENT CHORD CHORD BEARING \
Cl 20'48'05" 100.00' 36.31' 18.35' 36.11' N51'41'31 "W
Site Plan
Attachment
18
\
\
\
\
\
\
\
\
\
\
7496.6
7496.7 \ \
7497.0
7495 9... ° \�A 7496.8 \ \
a\E�,\ \ \ 7497.5
d 1 F
7492
,,d ,/ F RELOCATED7497.9
° \�
25MPH SIGN
°
/ \
7492.fi� /
A �
/ )%92
a
°
CONTRACTOR TO
VERIFY IF THIS IS AN \
OLD ABANDONED
/ SERVICE.
a ..d
47490.8
/ FF
i
° F \
d
F
fF
°'
7489.8 ---
cb
t89.0
\ � FS
F \ �
7489.4 7 g �
8 8" �f
WATER QUALITY POND. \
7469.7fs \ 476 FTA 3 STORAGE + 12"
\ 8" ` \\ �\ FREE BOARD. �\ `\
/ 89.0 93.69
88.5
\ 7488. \ \\ / /0000
7489.2 7487. S /
0
7488.4
41
7488.9 \ \ 488
\ \ \ 8" � .. � fs FF 41\
\ 7488.9 � � \
7489.3
\
E I �'
\ 7489.6
7489.8
PROPOSED \ W\ ►�
\7480\ \
7489.9
\ ` 7490.1
SUBGRADE OR
NOTES: IMPORTED FILL.
1. CLASS 2 AND CLASS 6 BASE COURSE PER DCOT SPECIFICATIONS.
2. ALL BASE COURSE, SUBBASE, AND REQUIRED SUBGRADE FILL SHOULD
BE COMPACTED TO AT LEAST 95% OF THE MAXIMUM STANDARD
PROCTOR DENSITY WITHIN 2% OF OPTIMUM MOISTURE CONTENT.
3. REQUIRED FILL TO ESTABLISH SUBGRADE SHOULD CONSIST OF SUITABLE
IMPORTED GRANULAR SOILS.
4. PRIOR TO FILL PLACEMENT, SUBGRADE SHALL BE STRIPPED OF TOPSOIL,
SCARIFIED TO A DEPTH OF 8" AND COMPACTED AS DEFINED IN NOTE 2.
PROPOSED PAVEMENT SECTION
NOT TO SCALE
POSSIBLE FUTURE CURB AND GUTTER,
SIDEWALK LOCATION. AN EASEMENT T(
ACCOMMODATE THE FUTURE CURB, GL
AND SIDEWALK TO BE PROVIDED BY
SEPARATE INSTRUMENT
` 499.3 \ y
°A
\ / PROPOSED STRIPED
CROSSWALK.
7497.8 \
MODIFIED TYPE
94.8 4,67 //
1
7493.6
/ I/
DESIGN LOCATION OF NORTHSIDE KITCHEN
RAMP. REPLACE WITH TYPE 2A RAMP.
REMOVED EXISTING WALK AND RAMP TO
NEAREST JOINT.
NNINSTALL METALIN
WARNING PLATE A
ALL RAMPS.
SEWER MH 200
PROJECT BENCHMARK
749E RIM:7496.64
196.\ RAISE TO 97.20
RELOCATE EXISTING
25MPH SIGN TO WEST OF
PROPOSED ENTRANCE.
EXISTING TELEPHONE AND CATV
PEDESTALS
LIGHT FIXTURE,
LOCATION RE:
LANDSCAPE PLAN
7492.9
EXISTING TRANSFORMER. METER
_ LOCATION TO BE COORDINATED
WITH LANDSCAPE ARCH, HCE, AND
AEI.
0
=OR AGENCY REVIEW ONLY
MARCH 2013
NOT FOR CONSTRUCTION
LIGHT FIXTURE,
- LOCATION RE:
LANDSCAPE PLAN
GRAPHIC SCALE
0 10 20 40
SCALE: 1'=20'
LEGEND
® EXISTING TELEPHONE PEDESTAL
CTV
® EXISTING TV PEDESTAL
NOTES:
80
1. SIDEWALK ALONG THE FRONTAGE OF LOT 2 WILL BE CONSTRUCTED WITH ANY
FUTURE DEVELOPMENT OF LOT 3.
2. SIDEWALK EASEMENT ALONG FRONTAGE OF LOT 2 TO BE RECORDED BY
SEPARATE INSTRUMENT.
3. EXISTING TOPOGRAPHY PROVIDED BY PEAK LAND CONSULTANTS AND HAS
NOT BEEN FIELD VERIFIED BY AEI.
4. CONTACT AEI PRIOR TO INSTALLATION OF TREES, SHRUBS, IRRIGATION OR
OTHER LANDSCAPE FEATURES TO REVIEW FINISHED GRADE.
5. COORDINATE SITE LIGHTING AND IRRIGATION WITH LANDSCAPE PLAN.
6. THE CONTRACTOR IS WARNED THAT CONFLICTS WITH EXISTING UTILITY
SERVICES MAY EXIST. PRIOR TO BEGINNING ANY CONSTRUCTION, THE
CONTRACTOR SHALL CONTACT ALL APPROPRIATE UTILITY COMPANIES FOR
LINE LOCATIONS, AND CONTRACTOR SHALL THEN LOCATE ALL UTILITIES
(INCLUDING DEPTH). ALPINE ENGINEERING, INC. ASSUMES NO
RESPONSIBILITY FOR UTILITY LOCATIONS. ANY CONFLICTS WITH THE
PROPOSED CONSTRUCTION SHALL BE BROUGHT TO THE ATTENTION OF THE
ENGINEER SO THAT MINOR LINE OR GRADE CHANGES CAN BE MADE TO
ELIMINATE ANY CONFLICTS WITH THESE EXISTING UTILITIES. ALL EXISTING
UTILITIES SHALL BE PROTECTED FROM DAMAGE BY THE CONTRACTOR.
UTILITIES THAT ARE DAMAGED BY THE CONTRACTOR THAT WERE PROPERLY
MARKED/LOCATED SHALL BE REPAIRED BY THE CONTRACTOR AT NO EXPENSE
TO THE OWNER OR ENGINEER.
7. VERIFY THAT RAISING THE EXISTING SEWER RIM WILL NOT MAKE THE
DISTANCE FROM RIM TO FIRST STEP GREATER THAN 1'-9". IF IT DOES, A NEW
BARRELL SECTION WILL BE REQUIRED RATHER THAN GRADE RINGS.
SIDEWALK RAMP TYPE 2A
ESTRIAN
SSWALK
Attachment A
-
EXISTING 2' CONTOUR
-7490-
-
EXISTING 10' CONTOUR
EE
EE-
EXISTING ELECTRIC
Es
Es -
EXISTING SEWER
EG
EG
EXISTING GAS
- EPH
EPH -
EXISTING PHONE
- EN
EN -
EXISTING PHONE
®
EXISTING TRANSFORMER OR
C�
SWITCHGEAR
�S
X
EXISTING SANITARY SEWER MANHOLE
® EXISTING TELEPHONE PEDESTAL
CTV
® EXISTING TV PEDESTAL
NOTES:
80
1. SIDEWALK ALONG THE FRONTAGE OF LOT 2 WILL BE CONSTRUCTED WITH ANY
FUTURE DEVELOPMENT OF LOT 3.
2. SIDEWALK EASEMENT ALONG FRONTAGE OF LOT 2 TO BE RECORDED BY
SEPARATE INSTRUMENT.
3. EXISTING TOPOGRAPHY PROVIDED BY PEAK LAND CONSULTANTS AND HAS
NOT BEEN FIELD VERIFIED BY AEI.
4. CONTACT AEI PRIOR TO INSTALLATION OF TREES, SHRUBS, IRRIGATION OR
OTHER LANDSCAPE FEATURES TO REVIEW FINISHED GRADE.
5. COORDINATE SITE LIGHTING AND IRRIGATION WITH LANDSCAPE PLAN.
6. THE CONTRACTOR IS WARNED THAT CONFLICTS WITH EXISTING UTILITY
SERVICES MAY EXIST. PRIOR TO BEGINNING ANY CONSTRUCTION, THE
CONTRACTOR SHALL CONTACT ALL APPROPRIATE UTILITY COMPANIES FOR
LINE LOCATIONS, AND CONTRACTOR SHALL THEN LOCATE ALL UTILITIES
(INCLUDING DEPTH). ALPINE ENGINEERING, INC. ASSUMES NO
RESPONSIBILITY FOR UTILITY LOCATIONS. ANY CONFLICTS WITH THE
PROPOSED CONSTRUCTION SHALL BE BROUGHT TO THE ATTENTION OF THE
ENGINEER SO THAT MINOR LINE OR GRADE CHANGES CAN BE MADE TO
ELIMINATE ANY CONFLICTS WITH THESE EXISTING UTILITIES. ALL EXISTING
UTILITIES SHALL BE PROTECTED FROM DAMAGE BY THE CONTRACTOR.
UTILITIES THAT ARE DAMAGED BY THE CONTRACTOR THAT WERE PROPERLY
MARKED/LOCATED SHALL BE REPAIRED BY THE CONTRACTOR AT NO EXPENSE
TO THE OWNER OR ENGINEER.
7. VERIFY THAT RAISING THE EXISTING SEWER RIM WILL NOT MAKE THE
DISTANCE FROM RIM TO FIRST STEP GREATER THAN 1'-9". IF IT DOES, A NEW
BARRELL SECTION WILL BE REQUIRED RATHER THAN GRADE RINGS.
SIDEWALK RAMP TYPE 2A
ESTRIAN
SSWALK
Attachment A
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Landscape Plan
Attachment
19
FLANT SCHEDULE
QTY. SYMBOL COMMON NAME
BOTANIG NAME
SIZE NOTES MATURE HT./SPREAD
DECIDUOUS TREES
4 FPP PATMORE ASH FRAXINUS PENNSYLVANIGA 'PATMORE' 5" GAL. MATCHED SET W/ 45'/55'
EVERGREEN TREES
3
PPS
COLORADO SPRUCE
PIGEA PUNGENS
DECIDUOUS/ EVERGREEN SHRUBS
0% OF IRRIGATED AREA / O SF
10
CLP
PEKING GOTONEA5TER
COTONEASTER LUCIDUS
7
SNB
BLACK BEAUTY ELDER
SAMBUCUS NIGRA 'BLACK BEAUTY'
3
SSU
URAL FALSE SPIREA
SORBARIA SORBIFOLIA
10
PPG
DWARF GLOBE BLUE SPRUCE
PIGEA PUNGENS 'GLOB05A'
6
J55
SGANDIA JUNIPER
JUNIPERU5 5ABINA 'SGANDIA'
IRRIGATION AREA
LANDSCAPE AREA PROVIDED
755yo OF LOT 245 / 35,216 5F
TOTAL I RRI GATED AREA
% OF LANDSCAPED AREA / 5OUARE FOOTAGE
SPRAY AREA
0% OF IRRIGATED AREA / O SF
DRIP AREA
100916 OF IRRIGATED AREA / 170 5F
LANDSGAFE N®TES
GHT
CATION.
ATE)
1
.ED
zIC
DO NOT PRUNE OR
DAMAGE LEADER
NYLON WEBBING STRAP
BITUMINOUS IMPREGNATED
TREE WRAP -FASTEN TOP
4 BOTTOM (FALL INSTAL-
LATION ONLY)
6LONG METAL "T" POST
PAINTED GREEN
MULCH
SAUCER RIM (SEE NOTES)
FINISH GRADE
EXISTING UNDISTURBED
SUBGRADE
REMOVE TOP 1/3 OF BURLAP
B ALL WIRE/METAL, ETC.
BACKFILL AS SPECIFIED
COMPACTED SPECIFIED
BAGKF I LL FOR SETTI NS
OF ROOTBALL
JGER RIM IS TO BE ON DOWNHILL
>E WHEN PLANTS ARE PLANTED
SLOPES, BUT SHALL SURROUND
NNT WHEN ON LEVEL &ROUND.
'LANTINO
1. LANDSCAPE CONTRACTOR SHALL 5UBM 1 T A WRITTEN DOCUMENT REGARDING 175 POLICY ON PLANT GUARANTEE
AND REPLACEMENT TO THE OWNER. EACH GUARANTEE SHALL CONFORM TO THE MINIMUM STANDARD OF REPLACING
ALL MATERIAL INCLUDING LABOR, DUE TO SICKNESS, DEATH, OR UNSATISFACTORY CONDITION OF A PLANT FOR A
PERIOD OF ONE YEAR FOLLOWING ACCEPTANCE BY OWNER.
2. CONTRACTOR TO HAVE HAVE UTILITIES LOCATED AND STAKED AT LEAST 45 HOURS PRIOR TO BEGINNING
CONSTRUCTION.
5. FURNISH AND INSTALL PLANT MATERIAL AS NOTED. ALL PLANT MATERIAL SHALL BE APPROVED BY OWNER'S
REPRESENTATIVE PRIOR TO INSTALLATION. SHOULD A DISCREPANCY IN QUANTITIES OCCUR, PLANT QUANTITIES ON
PLAN SHALL TAKE PRECEDENCE OVER THOSE IN THE PLANT SCHEDULE.
4. OWNER'S REPRESENTATIVE TO APPROVE ALL PLANTING BED AND PLANTING LOCATIONS PRIOR TO BEGINNING WORK.
5. PLANTING BEDS SHALL CONSIST OF 3" (DEPTH) SHREDDED CEDAR MULCH BORDERED BY 4"-6" RIVER ROCK GOBBLE
ON WEED BARRIER FABRIC,, WHERE SHOWN ON PLAN. GOBBLE SHALL BE PLACED 50 THAT NO WEED BARRIER 15
EXPOSED. SMALLER RIVER ROCK SHALL BE I N57ALLF-D IN VO I D5 TO CONGEAL WEED BARRIER FABRIC.
6. PLANT MATERIALS IN NATIVE GRASS AREAS SHALL HAVE A MULCHED "SAUCER" AROUND EACH PLANT, CONTAINING
2 "-3" (DEPTH) SHREDDED CEDAR MULCH.
7. LANDSCAPE CONTRACTOR SHALL DISTRIBUTE 4" (DEPTH) DEBRIS FREE TOPSOIL TO ALL PLANTING BEDS. PLANTING
BEDS SHALL BE AMENDED WITH 4 CU. YARDS "EKO-COMPOST" PER 1000 S.F.
8. PLANTING BACKFILL MIX SHALL CONSIST OF 80% TOPSOIL, AND 20% EKO COMPOST.
�. PREPARATION OF DISTURBED NATIVE GRASS AREAS SHALL INCLUDE THE FOLLOWING:
-LOOSEN SOIL TO A MINIMUM OF 2" DEPTH. REMOVE STONES OVER 2" IN DIA., AND STICKS, ROOTS, AND RUBBISH.
-DISTRIBUTE 2" (DEPTH) DEBRIS FREE TOPSOIL TO BE INCORPORATED INTO N 71 VE SOIL.
-GRADE AREAS TO A SMOOTH, FREE DRAINING EVEN SURFACE WITH A LOOSE, MODERATELY COURSE TEXTURE.
REMOVE RIDGES AND FILL DEPRESSIONS AS REOU I RED TO DRAIN.
10. ALL DISTURBED AREAS TO BE REVEGETATED WITH NATIVE GRASS SEED MIX SOWN WITH THE FOLLOWING MIX (OR
APPROVED EQUAL) AT A RATE OF 60 LBS. PER ACRE.
-25% SHEEP FESCUE
-25% CANADIAN BLUEGRASS
-24% HARD FESCUE
-20% WESTERN WHEATGRASS
-6% WHEAT6RA55
11. ONE APPLICATION OF A DI -AMMONIUM PHOSPHATE FERTILIZER, I5-46-0 AT THE RATE OF '5 LBS. PER 1000 S.F.
SHALL BE BROADCAST PRIOR TO SEEDING.
12. MULCH ALL SOWN AREAS WITH 2"-3" WEED FREE STRAW. TACKIFY STRAW MULCH AREAS WITH AN APPROVED
ORGANIC. TACKIFIER AT THE RATE OF 120 LBS. PER ACRE.
15. ALL TREES AND SHRUBS SHALL BE DRIP I RRI GATED BY MEANS OF AN AUTOMA71 G UNDERGROUND I RRI GATT ON
SYSTEM. IRRIGATION SYSTEM TO BE INSTALLED WITH A RAIN SENSOR. IRRIGATION SOURCE TO COME FROM
WATER LINE AT AUTO SHOP WEST OF PROPERTY AND METERED FROM AN EXISTING UNUSED WATER METER.
14. BOULDERS USED FOR OUT-CROPP I NGS AND RETAINING WALLS, SHALL BE RIVER ROOK BOULDERS RANGING IN
SIZE FROM 2'5'-5' IN DIA.
15. LANDSCAPE EDGING, WHERE SHOWN ON PLAN TO DELINEATE PLANTING BEDS, SHALL BE PRO -STEEL, 4" WITH
ROLLED EDGE.
DO NOT PRUNE OR
DAMAGE LEADER. ANY
PRUNING MUST FIRST BE
APPROVED BY LANDSCAPE
ARCHITECT
3 GUY WIRE5 AT 120 DEGREES
O.G., USE NYLON WEBBING
STRAP AT TREE
FLAGGING
3-I5" LONG METAL STAKES
SET PERPENDICULAR TO WIRE
AND FLUSH WITH FINISH GRADE
SAUCER RIM
FINISH GRADE
EXISTING UNDISTURBED
SUBGRADE
REMOVE TOP 1/3 OF BURLAP
8 ALL WIRE/METAL, ETC.
BACKFILL AS SPECIFIED
COMPACTED SPECIFIED
BACKFILL FOR SETTING
OF ROOTBALL
2X BALL DIA. I
NOTES: ,I MINK
I. EVERGREEN TREES TO BE 3. SAUCER RIM IS TO BE ON DOWNHILL
PLANTED 3" ABOVE SIDE WHEN PLANTS ARE PLANTED
FINISH GRADE. ON SLOPES, BUT SHALL SURROUND
PLANT WHEN ON LEVEL GROUND.
2. WATER THOROUGHLY AT THE TIME
OF PLANTING. DO NOT FERTILIZE
AT THE TIME OF PLANTING.
EYEROREEN TREE PLANTING
NOT TO SCALE
1) 1-h n i n
2X BALL DIA.
MIN.
SHRUB PLANTING
��j NOT TO SCALE
3" MULCH
PLANT R0075ALL o
GRADE WHICH SHRUB
GREW IN NURSERY
SAUCER RIM
FINISH GRADE
SUBGRADE
R007BALL
(REMOVE CONTAINER)
BACKFILL MATERIAL
UND15TURBF-D SOIL ON
BOTTOM OF ROOTBALL
Attachment A
macDesign
1 LANDSCAPE
1 = ARCHITECTURE
■ ■ SITE PLANNING
P.O. BOX 6446, AVON, CO 81620
970.513.9345
I SSUE :
2/4/2015
6' BRANCH I NG HT.
2/7/2015
5'-10' B$B
SEE PLAN FOR
50'/25'
5/26/2015
LOCATIONS OF
8' AND 10' TREES
5 GAL. CONT.
101/8'
5 GAL. DONT.
81/8'
5 GAL. CONT.
(01/6'
6 GAL. CONT.
41/5'
5 GAL. CONT.
2'/5'
1. LANDSCAPE CONTRACTOR SHALL 5UBM 1 T A WRITTEN DOCUMENT REGARDING 175 POLICY ON PLANT GUARANTEE
AND REPLACEMENT TO THE OWNER. EACH GUARANTEE SHALL CONFORM TO THE MINIMUM STANDARD OF REPLACING
ALL MATERIAL INCLUDING LABOR, DUE TO SICKNESS, DEATH, OR UNSATISFACTORY CONDITION OF A PLANT FOR A
PERIOD OF ONE YEAR FOLLOWING ACCEPTANCE BY OWNER.
2. CONTRACTOR TO HAVE HAVE UTILITIES LOCATED AND STAKED AT LEAST 45 HOURS PRIOR TO BEGINNING
CONSTRUCTION.
5. FURNISH AND INSTALL PLANT MATERIAL AS NOTED. ALL PLANT MATERIAL SHALL BE APPROVED BY OWNER'S
REPRESENTATIVE PRIOR TO INSTALLATION. SHOULD A DISCREPANCY IN QUANTITIES OCCUR, PLANT QUANTITIES ON
PLAN SHALL TAKE PRECEDENCE OVER THOSE IN THE PLANT SCHEDULE.
4. OWNER'S REPRESENTATIVE TO APPROVE ALL PLANTING BED AND PLANTING LOCATIONS PRIOR TO BEGINNING WORK.
5. PLANTING BEDS SHALL CONSIST OF 3" (DEPTH) SHREDDED CEDAR MULCH BORDERED BY 4"-6" RIVER ROCK GOBBLE
ON WEED BARRIER FABRIC,, WHERE SHOWN ON PLAN. GOBBLE SHALL BE PLACED 50 THAT NO WEED BARRIER 15
EXPOSED. SMALLER RIVER ROCK SHALL BE I N57ALLF-D IN VO I D5 TO CONGEAL WEED BARRIER FABRIC.
6. PLANT MATERIALS IN NATIVE GRASS AREAS SHALL HAVE A MULCHED "SAUCER" AROUND EACH PLANT, CONTAINING
2 "-3" (DEPTH) SHREDDED CEDAR MULCH.
7. LANDSCAPE CONTRACTOR SHALL DISTRIBUTE 4" (DEPTH) DEBRIS FREE TOPSOIL TO ALL PLANTING BEDS. PLANTING
BEDS SHALL BE AMENDED WITH 4 CU. YARDS "EKO-COMPOST" PER 1000 S.F.
8. PLANTING BACKFILL MIX SHALL CONSIST OF 80% TOPSOIL, AND 20% EKO COMPOST.
�. PREPARATION OF DISTURBED NATIVE GRASS AREAS SHALL INCLUDE THE FOLLOWING:
-LOOSEN SOIL TO A MINIMUM OF 2" DEPTH. REMOVE STONES OVER 2" IN DIA., AND STICKS, ROOTS, AND RUBBISH.
-DISTRIBUTE 2" (DEPTH) DEBRIS FREE TOPSOIL TO BE INCORPORATED INTO N 71 VE SOIL.
-GRADE AREAS TO A SMOOTH, FREE DRAINING EVEN SURFACE WITH A LOOSE, MODERATELY COURSE TEXTURE.
REMOVE RIDGES AND FILL DEPRESSIONS AS REOU I RED TO DRAIN.
10. ALL DISTURBED AREAS TO BE REVEGETATED WITH NATIVE GRASS SEED MIX SOWN WITH THE FOLLOWING MIX (OR
APPROVED EQUAL) AT A RATE OF 60 LBS. PER ACRE.
-25% SHEEP FESCUE
-25% CANADIAN BLUEGRASS
-24% HARD FESCUE
-20% WESTERN WHEATGRASS
-6% WHEAT6RA55
11. ONE APPLICATION OF A DI -AMMONIUM PHOSPHATE FERTILIZER, I5-46-0 AT THE RATE OF '5 LBS. PER 1000 S.F.
SHALL BE BROADCAST PRIOR TO SEEDING.
12. MULCH ALL SOWN AREAS WITH 2"-3" WEED FREE STRAW. TACKIFY STRAW MULCH AREAS WITH AN APPROVED
ORGANIC. TACKIFIER AT THE RATE OF 120 LBS. PER ACRE.
15. ALL TREES AND SHRUBS SHALL BE DRIP I RRI GATED BY MEANS OF AN AUTOMA71 G UNDERGROUND I RRI GATT ON
SYSTEM. IRRIGATION SYSTEM TO BE INSTALLED WITH A RAIN SENSOR. IRRIGATION SOURCE TO COME FROM
WATER LINE AT AUTO SHOP WEST OF PROPERTY AND METERED FROM AN EXISTING UNUSED WATER METER.
14. BOULDERS USED FOR OUT-CROPP I NGS AND RETAINING WALLS, SHALL BE RIVER ROOK BOULDERS RANGING IN
SIZE FROM 2'5'-5' IN DIA.
15. LANDSCAPE EDGING, WHERE SHOWN ON PLAN TO DELINEATE PLANTING BEDS, SHALL BE PRO -STEEL, 4" WITH
ROLLED EDGE.
DO NOT PRUNE OR
DAMAGE LEADER. ANY
PRUNING MUST FIRST BE
APPROVED BY LANDSCAPE
ARCHITECT
3 GUY WIRE5 AT 120 DEGREES
O.G., USE NYLON WEBBING
STRAP AT TREE
FLAGGING
3-I5" LONG METAL STAKES
SET PERPENDICULAR TO WIRE
AND FLUSH WITH FINISH GRADE
SAUCER RIM
FINISH GRADE
EXISTING UNDISTURBED
SUBGRADE
REMOVE TOP 1/3 OF BURLAP
8 ALL WIRE/METAL, ETC.
BACKFILL AS SPECIFIED
COMPACTED SPECIFIED
BACKFILL FOR SETTING
OF ROOTBALL
2X BALL DIA. I
NOTES: ,I MINK
I. EVERGREEN TREES TO BE 3. SAUCER RIM IS TO BE ON DOWNHILL
PLANTED 3" ABOVE SIDE WHEN PLANTS ARE PLANTED
FINISH GRADE. ON SLOPES, BUT SHALL SURROUND
PLANT WHEN ON LEVEL GROUND.
2. WATER THOROUGHLY AT THE TIME
OF PLANTING. DO NOT FERTILIZE
AT THE TIME OF PLANTING.
EYEROREEN TREE PLANTING
NOT TO SCALE
1) 1-h n i n
2X BALL DIA.
MIN.
SHRUB PLANTING
��j NOT TO SCALE
3" MULCH
PLANT R0075ALL o
GRADE WHICH SHRUB
GREW IN NURSERY
SAUCER RIM
FINISH GRADE
SUBGRADE
R007BALL
(REMOVE CONTAINER)
BACKFILL MATERIAL
UND15TURBF-D SOIL ON
BOTTOM OF ROOTBALL
Attachment A
macDesign
1 LANDSCAPE
1 = ARCHITECTURE
■ ■ SITE PLANNING
P.O. BOX 6446, AVON, CO 81620
970.513.9345
I SSUE :
2/4/2015
PROGRESS SET
2/7/2015
SUBMITTAL PLAN
3/22/2015
PARKING LOT REDESIGN
5/26/2015
5UBM I TTAL PLAN
0 10
7m"
���
717
SGa l e s 10'-0"
North
LAI DSC,AFE
FLAN
TOWN OF AVON, COLORADO
PLANNING COMMISSION RESOLUTION 13-02
SERIES OF 2013
Attachment
A RESOLUTION APPROVING A SPECIAL REVIEW USE FOR COMMERCIAL
PARKING IN THE NEIGHBORHOOD COMMERCIAL (NC) ZONE DISTRICT ON
LOT 2, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION
WHEREAS, the Town of Avon ("Town") adopted Ordinance No. 10-14 adopting the Avon
Development Code ("ADC");
WHEREAS, the ADC contains Table 7.24-1, Table of Allowed Uses, which classifies
specific use types for zone districts and determines uses to be either permitted, not permitted, or
permitted with a Special Review Use (SRU) approval;
WHEREAS, the Vehicle and Equipment use category lists "parking lot (commercial)" as a
SRU in the NC Zone District;
WHEREAS, Dominic Mauriello, Mauriello Planning Group LLC, ("Applicant") submitted
an SRU application for parking in the NC zone district to the Town as the authorized
representative for G.P.I., LLC, the owner of property in the Town described as 0111 Nottingham
Road, Avon, CO 81620, or Lot 2, Block 1, Benchmark at Beaver Creek Subdivision;
WHEREAS, the Planning & Zoning Commission of the Town of Avon held public hearings
on March 5, 2013, March 19, 2013, and April 2, 2013, after publishing, posting, and mailing
notice as required by law, considered all comments, testimony, evidence and staff reports
provided by the Town Staff, considered such information prior to formulating a decision, then
took action to adopt a resolution;
WHEREAS, the Planning & Zoning Commission finds the Application complies with the
review criteria set forth in Sections 7.16.100(e); and,
NOW THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby approves an SRU permit to allow the construction of parking spaces on Lot 2, Block 1,
Benchmark at Beaver Creek Subdivision, as described in the revised application materials dated
March 26, 2013, as stipulated in Title 7, Avon Municipal Code; based upon the following
findings and conditions:
Findings:
1. The Parking Lot use will not have a significant adverse impact on surrounding uses or
the community at large; and
2. The Application complies with the review criteria set forth in Sections 7.16.100(e).
Attachment
Conditions:
1. The Parking Lot, as depicted in the Major Development Plan and Alternative
Equivalent Compliance plans dated March 26, 2013, must be developed within two
(2) years from the date of this approval.
2. The Parking Lot use is approved in perpetuity.
ACCEPTED, APPROVED AND ADOPTED THIS 2 1 OF APRIL, 2013
AVON PLANNING AND ZONING COMMISSION
Signed:
Chris Green, Chairman
Resolution 13-02, Northside Parking SRU
Attest:
Scott Prince, Secretary
AVON Staff Memorandum
TO: Planning and Zoning Comm i ,on
FROM: Jared Barnes, Planner I {
DATE: March 29, 2013
RE: PZC Rules of Procedure
Summary
The Planning and Zoning Commission (PZC) has previously adopted Rules of Procedure as a
part of the Avon Design Guidelines. In 2010, when the Town adopted AMC Title 7,
Development Code, the Design Guidelines were eliminated as the new code included design
standards. This also caused the previously adopted Rules of Procedure to be removed.
§7.12.040, Planning and Zoning Commission, sets forth codified standards for the PZC
including, but not limited to: Establishment and Purpose; Duties; Membership; Qualifications
of Members; Quorum; Term; Vacancies; Removal from Office; Officers; Compensation; Staff;
Rules and Procedures; Meetings; Material to be Submitted; Agenda; and, Authority to Retain
Consultants.
§7.12.040(1), Rules and Procedures, requires the PZC to operate in compliance with their own
Rules of Procedure. It further states that these Rules of Procedures may be adopted or
amended from time to time through a recommendation to Town Council and formal
adoption by Town Council. Other sections, for example §7.12.040(m), Meetings, and
§7.12.04o(n), Materials to be Submitted, state that the Rules of Procedure shall govern.
Process
This matter was identified in the 2013 PZC Work Plan for the 1St Quarter, and therefore Staff
has prepared Draft Rules of Procedure (Attachment A) for the PZC to review. Staff is of the
opinion that these Rules of Procedure, as proposed, provide clarity to the process that
occurs at meetings and will assist future PZC members with better understanding the
process they are expected to abide by. These rules of procedure also set forth standards for
scheduling meeting and cancelling meetings; standard order of agendas; procedures for
executive sessions; and, Decisions of the PZC among other aspects.
Update
Attachment A has been updated with comments received from the PZC at their previous
meeting. The modifications are included with the redline strikethrough version.
March 19, 2013 PZC Meeting — Rules of Procedure Page 1 of 2
Staff Recommendation
The PZC should review the attached draft Rules of Procedures, and provide a
recommendation to the Town Council to adopt these Rules of Procedure pursuant to
§7.12.040(1), Rules and Procedures.
Attachment
Draft Rules of Procedure
March 19, 2013 PZC Meeting — Rules of Procedure Page 2 of 2
HEART of the VALLEY
C Q L O R A D a
Town of Avon
Planning and Zoning Commission
Rules of Procedure
March 2013
11Page
Planning and Zoning Commission Rules of Procedure (March 2013)
Table of Contents
1.
Authority For Adoption.........................................................................................................................4
2.
Applicability...........................................................................................................................................4
3.
Definitions.............................................................................................................................................4
4.
Other Laws............................................................................................................................................4
5.
Regular Meetings..................................................................................................................................4
(a) Date, Time and Place of Regular Meetings.......................................................................................4
(b) Notice of Regular Meetings..............................................................................................................4
6.
Special Meetings...................................................................................................................................5
7.
Continued Meetings..............................................................................................................................5
8.
Cancellation of Meeting........................................................................................................................5
9.
Applicability of Colorado Open Meetings Law......................................................................................5
10.
Electronic Record/Minutes...............................................................................................................5
11.
Secretary...........................................................................................................................................5
12.
Agenda and Meeting Materials........................................................................................................6
(a) Proposed Agenda..............................................................................................................................6
(b) Meeting Packets................................................................................................................................6
13.
Presiding Officer................................................................................................................................6
14.
Conduct of Commission Members....................................................................................................7
(a) Conformity With Town Code of Ethics..............................................................................................7
(b) Ex Parte Contacts..............................................................................................................................7
15.
Conflicts of Interest...........................................................................................................................7
16.
Expressions of Bias, Prejudice, or Individual Opinion Prior to Hearing and Determination.............8
17.
Action by the Commission................................................................................................................8
(a) Action By Motion..............................................................................................................................8
(b) Who May Make A Motion.................................................................................................................8
(c) Second Required...............................................................................................................................8
(d) One Motion at a Time.......................................................................................................................8
18.
Voting................................................................................................................................................8
(a) Who May Vote..................................................................................................................................8
(b) Adoption by Majority Vote...............................................................................................................8
(c) Duty to Vote......................................................................................................................................8
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Planning and Zoning Commission Rules of Procedure (March 2013)
19
20
21
22
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
Debate...............................................................................................................................................
8
ExecutiveSessions.............................................................................................................................9
SiteVisits.........................................................................................................................................10
General Provisions Governing Public Hearings...............................................................................10
(a) Part of Meeting...............................................................................................................................10
(b) Representation................................................................................................................................10
(c) Testimony Under Oath Not Required.............................................................................................10
(d) Right To Present Evidence And Cross -Examine Witnesses.............................................................10
(e) Rules Of Evidence............................................................................................................................11
(f) Objections........................................................................................................................................11
(g) Burden Of Proof..............................................................................................................................11
(h) Limitation of Evidence....................................................................................................................11
(i) Order of Debate...............................................................................................................................11
(j) Commission and Staff's Remarks....................................................................................................11
(k) Applicant (and Others) Questioned................................................................................................11
ConsentAgenda..............................................................................................................................11
Regular Application Items (Non -Public Hearings)...........................................................................12
Regular Application Items (Public Hearings)...................................................................................13
Continuance of Hearing..................................................................................................................13
Audio -Tape Of Public Hearing.........................................................................................................13
Record of the Public Hearing..........................................................................................................14
Reopening of a Public Hearing........................................................................................................14
Decisions By Commission................................................................................................................14
Execution of Documents.................................................................................................................14
Suspensionof the Rules..................................................................................................................14
Amendmentof the Rules................................................................................................................14
Reference to Robert's Rules of Order.............................................................................................15
Effect of Adoption of Rules.............................................................................................................15
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Planning and Zoning Commission Rules of Procedure (March 2013)
1. Authority For Adoption
These Rules of Procedure are adopted pursuant to the authority granted to the Town of
Avon Planning and Zoning Commission by §7.12.040(1) of the Avon Municipal Code.
z. Applicability
These Rules of Procedure shall apply to all meetings of the Town of Avon's Planning and
Zoning Commission. These Rules of Procedure are intended to supplement and be
superseded by the codified Rules listed in §7.16.040, Planning and Zoning Commission, of the
Avon Municipal Code.
3. Definitions
Rules means these Rules of Procedure, as amended from time to time.
Commission means the Town of Avon's Planning and Zoning Commission and also defined as
PZC.
Director means the Community Development Director of the Town of Avon, or such person's
designee.
Presiding Officer means the Chair, or to the Vice -Chair or Temporary Chair when acting in the
absence of the Chair.
4. Other Laws
These Rules must be read in conjunction with the Town of Avon's Development Code, as
well as all applicable Town, state or federal laws, rules or regulations. In the event of a
conflict between these Rules and any ordinance or statute, the ordinance or statute shall
control.
5. Regular Meetings
(a) Date, Time and Place of Regular Meetings
The Commission shall hold regular meetings on the first and third Tuesdays of each
month, except that if a regular meeting day is a legal holiday, the meeting may be
rescheduled or cancelled at the discretion of the Commission.
All regular meetings of the Commission shall be held in the Town Council Chambers of
the Avon Municipal Building, One Lake Street, Avon, Colorado, unless the Commission
shall otherwise order. Each regular meeting of the Commission shall begin at 5:0o P.M.,
unless otherwise provided in the notice of the meeting.
At the discretion of the Director an application may be scheduled out of the normal
order of business if it involves a matter of substantial public interest, or if the Director
determines that good cause exists to vary the normal order of business. Further, by
general consent of the Commission, items may be considered out of order.
(b) Notice of Regular Meetings
Notice of each regular meeting shall be posted by the Director in Town Hall and 3
additional public locations as designated by the Director not less than 24 hours prior to
the holding of the meeting. The posting shall include specific agenda information where
possible and may be substituted by the meeting agenda.
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Planning and Zoning Commission Rules of Procedure (March 2013)
6. Special Meetings
Special meetings of the Commission shall be called by the Director on the written request of
the Chair, the Vice-Chair in the absence of the Chair, or on the written request of any four (4)
members of the Commission. A special meeting may also be called or scheduled by vote of
the Commission in open session during another duly called meeting.
Notice of a special meeting shall be posted in accordance with Section 5(b). The notice shall
set forth the date, hour, place and purpose of such meeting.
No business shall be conducted at a special meeting of the Commission unless the same has
been stated in the notice of such meeting; except that any business which may lawfully
come before a regular meeting of the Commission may be transacted at a special meeting if
all members of the Commission are present and consent thereto.
7. Continued Meetings
A properly called regular or special meeting may be continued to a date and time certain by
motion made and adopted in open session during the regular or special meeting. The
motion shall state the date, time and place when the meeting will reconvene. No further
notice need be given of such a continued session of a properly called regular or special
meeting.
8. Cancellation of Meeting
If: (i) no business is scheduled before the Commission; (ii) it is apparent that a quorum will
not be available; or, (iii) the scheduled date for any Commission member is a legal holiday; a
meeting may be cancelled by the Chair or the Director by giving notice to all members prior
to the time set for such meeting. Notice of cancellation of a meeting may be given by
telephone, electronically (email), fax, in person, or by first class mail. If no quorum is
present at the meeting, the Director shall cancel the meeting and all items scheduled to be
heard shall be rescheduled by the staff.
g. Applicability of Colorado Open Meetings Law
All meetings of the Commission shall be subject to the provisions of the Colorado Open
Meetings law.
io. Electronic Record/Minutes
The Commission shall keep an electronic record of its meetings, including any executive
sessions. In addition, full and aEE Fatewritten minutes of the Commission proceedings,
except executive sessions, shall be kept as required by the Colorado Open Meetings law.
Records of executive sessions shall be kept in accordance with the requirements of the
Colorado Open Meetings law. These minutes shall be open to inspection of the public as
provided in the Colorado Open Meetings law. The exact wording of each motion and the
vote of each member he Commission thereon shall be recorded in the minutes.
ii. SeEretaryDirector
The DiFeEtE)F shall seFve s the ^ ^fc;E,^ s etaF , +^ the Commission. The Director shall
designate a person or persons to provide the necessary seEret,r"' and recording services
for the Commission. The Director shall be responsible for the giving of all required notice of
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Planning and Zoning Commission Rules of Procedure (March 2013)
Commission public hearings and actions under the Development Code or Subdivision
Standards.
12. Agenda and Meeting Materials
(a) Proposed Agenda
The Director shall set forth the agenda for each meeting. The Director may consult the
Chair for input when formulating the agenda. The proposed agenda should generally be
consistent with the Order of Business as follows:
Call to Order
Roll call
Amendments to the Agenda
Conflicts of Interest Disclosure
Consent Agenda
Regular Agenda Items (Public Hearings)
Regular Agenda Items (Non -Public Hearings)
Approval of Meeting Minutes
Adjournment
At the discretion of the Director, an application may be scheduled out of the normal
order of business if it involves a matter of substantial public interest, or if the Director
determines that good cause exists to vary the normal order of business. Further, by
general consent of the Commission, during the Amendments to the Agenda portion of
the meeting items may be considered out of order.
(b) Meeting Packets
Meeting Packets shall be provided to the Commission not later than 48 hours prior to the
meeting. The meeting packets shall include the proposed agenda and meeting materials
for each agenda item. The meeting materials for each agenda item should generally
include a staff summary as well as accompanying information.
13. Presiding Officers
Pursuant to Section 7.12.040(1), Officers, the PZC shall select its own chairperson, a vice
chairperson and a secretary from among its members. This selection shall occur on a yearly
basis immediately after the appointment of new members or re -appointment of existing
members to the Commission.
The Chair shall preside at all Commission meetings if he or she is present. The Chair may
vote in all cases. In order to address the Commission, a member must be recognized by the
Chair.
If the Chair is absent, the Vice -Chair shall preside. If both the Chair and Vice -Chair are absent,
another member designated by vote of the Commission shall preside as Temporary Chair.
The Vice -Chair or Temporary Chair retains all of his or her rights as a member, including the
right to make motions and the right to vote.
The Presiding Officer shall maintain order and decorum, and to that end may order removal
of disorderly or disruptive persons.
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Planning and Zoning Commission Rules of Procedure (March 2013)
14. Conduct of Commission Members
(a) Conformity With Town Code of Ethics
The conduct of Commission members shall at all times conform with the requirements of
the Town of Avon Code of Ethics (Chapter 2.3o, AMC).
(b) Ex Parte Contacts
Each member of the Commission must exercise care in responding to and reporting any
ex parte contact with respect to any matter which is pending before the Commission.
(1) An ex parte contact is any contact (written, oral or electronic) concerning a
matter pending before the Commission which is offered to or received by a
member of the Commission outside of the actual hearing process.
(2) Whenever a person attempts to make an ex parte contact with a member of the
Commission, the member shall, to the extent possible, refuse to accept such ex
parte contact. The member shall advise the person who is attempting to make
the ex parte contact that all comments and information related to the pending
matter should be presented to the entire Commission, as well as all interested
parties, at the time of the public hearing.
(3) Any member of the Commission who has received an ex parte contact must
report the information and identify the source and date of the contact, to the full
Commission and the applicant for inclusion in the formal record of the hearing on
the application.
(4) Any written ex parte contact transmitted to or received by a member of the
Commission concerning a matter which is pending before the Commission,
including printed and mailed communications, shall be forwarded directly to the
Director for review and incorporation into the staff's report. A copy of such
written material shall also be provided to the applicant not later than the
commencement of the hearing.
(5) The rule against ex parte contacts shall not apply to preclude members of the
Commission from seeking and receiving information from other members, the
Director, the Town Attorney, or staff members of the Department of Community
Development, but no member of the Commission shall discuss the matter with
the applicant, the applicant's counsel or representatives, or any person
reasonably anticipated to be witnesses prior to the public hearing.
15. Conflicts of Interest
The topic of conflicts of interest of Commission members is specifically dealt with in the
Town's Code of Ethics, specifically §2.30.o6o, Conflict of Interest.
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Planning and Zoning Commission Rules of Procedure (March 2013)
16. Expressions of Bias, Prejudice, or Individual Opinion Prior to Hearing and
Determination
No member of the Commission shall express any bias, prejudice, or individual opinion on the
proper outcome of a matter prior to its hearing and determination.
17. Action by the Commission
(a) Action By Motion
The Commission shall proceed by motion, unless otherwise required by applicable law.
(b) Who May Make A Motion
Any member of the Commission, including the Chair, may make a motion.
(c) Second Required
A motion requires a second. Any member of the Commission, including the Chair, may
second a motion.
(d) One Motion at a Time
A member may make only one motion at a time.
(e) Amending a Motion
A member may suggest amendments to a motion that has been seconded. The
amendments are only made to the motion if both the members making the motion and
second accept the amendments.
(fes Rescind or Withdrawal of an Approved Motion � - Formatted: Level 2, Indent: Left: 0"
The Commission may rescind or withdrawal an approved motion if additional information
is brought to light after the motion is made that alters the Commissions review or if a
procedural error was made through the motion.
18. Voting
(a) Who May Vote
Except as provided in Section 15, with respect to a member who has a conflict of interest,
each member of the Commission, including the Chair, may -must vote on any motion.
(b) Adoption by Majority Vote
A motion shall be adopted by a majority of the votes cast when a quorum is present. A
majority is more than half.
(c) Duty to Vote
Every member of the Commission must vote unless excused by the remaining members
of the Commission. The types of vote are limited to: (1) Yes; (z) No; and, Abstain. A
member who wishes to abstain or be excused from voting shall se -inform the
C-ha*Commission, of their reasoning.
No member shall be excused from voting except in cases involving conflicts of interest,
as defined by the Commission or by law, of -the member's official conduct, as defined by
the Commission, or in special cases as determined appropriate by the Commission.
ig. Debate
The Chair shall state the motion and then open the floor to debate. The Chair shall preside
over the debate according to the following general principles:
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Planning and Zoning Commission Rules of Procedure (March 2013)
i. The maker of the motion is entitled to speak first;
z. A member who has not spoken on the issue shall be recognized before someone who
has already spoken.
At their discretion, the Chair may alter the order of the debate or allow members to further Formatted: Indent: Left: 0"
comment during the debate. It is the Chair's duty to allow any member of the Commission
to comment or debate if that member wishes to be heard.
zo. Executive Sessions
At any meeting the Commission, by consent of 2/3 of the quorum present, may go into
executive session for those purposes authorized by law. No adoption of any proposed
policy, position, resolution, rule, regulation or formal action shall occur at any executive
session of the Commission which is not open to the public, except as authorized by the
Colorado Open Meetings law. Prior to the Commission going into executive session the
Chair shall announce to the public the general topic of executive session, including a specific
citation to the applicable provision of the Colorado Open Meetings law which authorizes the
Commission to meet in an executive session, and identification of the particular matters to
be discussed in as much detail as possible without compromising the purpose for which the
executive session is authorized. The Commission shall terminate the executive session by a
majority vote. Only those actions authorized by statute may be taken in an executive
session. A motion to adjourn or recess a meeting shall not be in order during an executive
session.
A tape recording of the actual contents of the discussion during an executive sessions shall
be made by the Chair of the meeting at which the executive session is held. The tape
recording of an executive session shall not be subject to public disclosure or to discovery in
any administrative or judicial proceeding, except in an action brought pursuant to Section
24-72-204(5.5)(a), C.R.S. Such tape recording shall be retained by the Director for only ninety-
one (91) days after the date of the executive session. If, on such date, the Town has not
been served with a summons in an action to review such tape recording pursuant to Section
24-72-204(5.5)(a), C.R.S., the Director shall forthwith cause the tape recording of the
executive session to be destroyed. The mandatory destruction of an executive session tape
as provided in this Rule shall be deemed to be part of the Town's record retention and
destruction policy.
If it appears that the tape recorder in the Commission chambers is not functioning properly
at the time that an executive session is to be held, or if there is no tape recorder available at
the location where the executive session is to by held, or when otherwise deemed necessary
or advisable by the Commission, a written record of the actual contents of the discussion
during an executive session which satisfies the requirements of Section 24-6-402
(2)(d.5)(II)(A) and (B), C.R.S., shall be kept. The written minutes of an executive session shall
not be subject to public disclosure, or to discovery in any administrative or judicial
proceeding, except in an action brought pursuant to Section 24-72-204(5.5)(a), C.R.S. The
written record of an executive session, in the form of written minutes of the executive
session, shall be retained by the Director for only ninety one (91) days after the date of the
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Planning and Zoning Commission Rules of Procedure (March 2013)
executive session. If, on such date, the Town has not been served with a summons in an
action to review such written record pursuant to Section 24-72-204(5.5)(a), C.R.S., the
Director shall forthwith cause the minutes of the executive session to be destroyed. The
mandatory destruction of executive session minutes as provided in this Rule shall be
deemed to be part of the Town's record retention and destruction policy.
The provisions of Section 24-6-402(2)(d.5)(II)(B), C.R.S., concerning privileged attorney-client
communications which occur in an executive session shall apply to any record of an
executive session kept by the Commission.
21. Site Visits
Each commissioner should visit sites of proposed developments prior to attending a
meeting, as a helpful way to gather relevant facts concerning the proposed development. A
site visit often leads to a better understanding of a proposed development and, therefore,
enhances the ability of the Commission to make appropriate decisions concerning the
development of the site.
The Commission, as a whole, may schedule and conduct a site visit when requested to do so
by the applicant, the staff, the general public, or on its own initiative. In connection with any
site visit conducted by the Commission, the applicant shall be notified not less than 48 hours
in advance and given an opportunity to attend and participate in the site visit. A site visit
shall be noticed by the Director as a public meeting of the Commission. However, a site visit
is not a public hearing. Members of the public shall be permitted to attend the site visit to
listen to the questions and comments of the staff, the applicant and the Commission, but
only at the discretion of the Chair does the public aet-have the right to ask questions of the
staff, the applicant or the Commission members. Commission members shall avoid
engaging in improper ex parte contacts during a site visit. No minutes of a site visit shall be
kept by the Director, although the minutes of the Commission should reflect that a site visit
was conducted.
22. General Provisions Governing Public Hearings
(a) Part of Meeting
A public hearing is considered to be part of a regular or special meeting of the
Commission.
(b) Representation
At any hearing, any person may appear or be represented by authorized agents or
attorneys at their own expense. An attenneyAn_y_p_erson who appears before the
Commission at any hearing shall be required to state the name(s) and address(es) of all
persons whom he or she has been authorized to represent at the hearing.
(c) Testimony Under Oath Not Required
Testimony offered at a hearing before the Commission shall not be required to be given
under oath or affirmation.
(d) Right To Present Evidence And Cross -Examine Witnesses
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Planning and Zoning Commission Rules of Procedure (March 2013)
At a hearing held before the Commission, each party shall have the right to present such
evidence as may be relevant, and to cross-examine all witnesses.
(e) Rules Of Evidence
The strict rules of evidence shall not apply to a hearing held before the Commission.
(f) Objections
Objections by the Applicant to submitted evidence shall be stated orally for the record.
Any objection not made in a timely and proper fashion shall not be waived permitted.
(g) Burden Of Proof
The burden of proof shall be on an applicant to prove compliance with the applicable
requirements of the Development Code, Subdivision Standards, or other applicable law
by a preponderance of the evidence. Preponderance of the evidence means to prove that
something is more probably true than not.
(h) Limitation of Evidence
The Presiding Officer shall have the authority to limit the presentation of evidence
tending to be repetitious or which is immaterial or irrelevant.
(i) Order of Debate
Orderly procedure requires that each side shall proceed without interruption by the
order; that all arguments and pleadings shall be addressed to the Commission; and that
there be no questioning or argument between individuals.
(j) Commission and Staff's Remarks
During the hearing, Commission members and members of the staff may ask questions
and make appropriate comments pertinent to the application; however, no member
should debate or argue an issue with the applicant.
(k) Applicant (and Others) Questioned
The Commission members may direct questions to the applicant or any person speaking
in order to bring out all relevant facts, and may call for questions from members of the
staff.
23. Consent Agenda
Items are presented to the Commission on a Consent Agenda when Commission action is
required, but Staff expects that the Commission will approve the item without conditions.
The Commission may call up items for further review when warranted, at their discretion.
The following procedures shall be utilized for the review of the Consent Agenda; this review
is intended only to ascertain if the items should remain on the Consent Agenda or be pulled
off for further review:
A. The Commission reviews the requests and asks minimal questions of the staff and
applicants. These comments may be brief, and shall be limited to: (i) clarification of the
Commissions understanding of the application(s); and (ii) the issue of whether a
particular item should be removed from the Consent Agenda and called up by the
Commission.
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Planning and Zoning Commission Rules of Procedure (March 2013)
C. The Commission may make motions to pull items off the Consent Agenda for further
review.
D. Any motions to remove items from the Consent Agenda shall be acted on at the time
the motion is made.
E. If no items are removed from the Consent Agenda, the Chair shall state "the Consent
Agenda stands approved as presented". If an item has been removed, the Chair shall
state th-e-that "all remaining items on the Consent Agenda stand approved as
presented," and the Commission shall move on to the review of those items removed.
F. Items removed from the Consent Ca,�Agenda shall be reviewed in the order that
would pertain to that type of application as is outlined in Sections 24 and 25.
24. Regular Application Items (Non -Public Hearings)
The following process shall be utilized for all regular application items that are not
specifically designated as public hearings and may be amended by the Chair at their
discretion, subject to the right of the Commission to overrule the Chair:
A. The Chair opens the hearing.
B. Staff introduces the application and may provide a summary of the staff analysis.
C. The Commission asks questions of the staff concerning the staff analysis or procedure
of the application.
D. The applicant or applicant's representative presents the applicant's evidence in
support of the application.
D. The Commission asks questions of the applicant (or applicant's representative)
concerning the application.
F. Audience participation and comment may only be allowed at the discretion of the
Chair, subject to the right of the Commission to overrule the Chair. If comment is
allowed, it shall take place prior to Commission comments; shall be allowed equally for
all participants; and shall allow for an opportunity for the applicant to respond to any
opposition comments.
G. The staff is given the opportunity to rebut any evidence presented by the applicant or
the public, and make its final comments.
H. The applicant is given the opportunity to rebut any evidence presented by the staff or
the public, and make its final comments.
I. The Commission members are given a second opportunity to examine any witnesses
and the applicant, and to discuss the request.
J. Members of the Planning Commission make individual comments concerning the
application. The analysis, as presented by the staff, and testimony, as presented by the
applicant, may be discussed by the Commission.
K. The Chair shall ask if any motions to accept or change the staff analysis and
recommendation are to be made. Motions shall be made pursuant to Section 17.
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Planning and Zoning Commission Rules of Procedure (March 2013)
L. The Commission shall then vote on the proposed motion, including any and all
additional, specific findings and conditions to be placed upon the application if
approved. The vote from the Commission shall be pursuant to Section 18.
25. Regular Application Items (Public Hearings)
The following process shall be utilized for all regular application items that are not
specifically designated as public hearings and may be amended by the Chair at their
discretion, Subject to the right of the Commission overrule the Chair:
A. The Chair opens the public hearing.
B. Staff introduces the application and may provide a summary of the staff analysis.
C. The Commission asks questions of the staff concerning the staff analysis or procedure
of the application.
D. The applicant or applicant's representative presents the applicant's evidence in
support of the application.
E. The Commission asks questions of the applicant (or applicant's representative)
concerning the application.
F. The Chair opens the Public Hearing and the Commission takes public comment
concerning the application. Once all public comment is received the Chair closes the
Public Hearing, unless reopened pursuant to Section 29.
G. The staff is given the opportunity to rebut any evidence presented by the applicant or
the public, and make its final comments.
H. The applicant is given the opportunity to rebut any evidence presented by the staff or
the public, and make its final comments.
J. Members of the Planning Commission make individual comments concerning the
application. The analysis, as presented by the staff, and testimony, as presented by the
applicant, may be discussed by the Commission.
K. The Chair shall ask if any motions to accept or change the staff analysis and
recommendation are to be made. Motions shall be made pursuant to Section 17.
L. The Commission shall then vote on the proposed motion, including any and all
additional, specific findings and conditions to be placed upon the application if
approved. The vote from the Commission shall be pursuant to Section 18.
26. Continuance of Hearing
The Commission may continue any hearing, upon timely request, for good cause shown, or
upon its own initiative. If a hearing is continued to a date certain, it shall not be necessary to
re -notice the hearing; it shall be conclusively presumed that all interested parties are aware
of the continuation of the hearing. If any hearing is continued without a date certain being
specified, it shall be necessary to re -notice the hearing in the same manner as the original
notice of hearing was given.
27. Audio -Tape Of Public Hearing
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An audio -taped record shall be made of each hearing which is held by the Commission. The
Town shall retain the original audio -tape for not less than one (1) year. A copy of an audio -
taped record of a hearing shall be made to any party upon written request and payment of a
fee determined by the Town Clerk to be sufficient to reimburse the Town for the cost of
providing such copy. The Town shall not be obligated to provide a transcript of a hearing
which is held before the Commission, and any party desiring such transcript shall obtain and
pay the cost thereof.
28. Record of the Public Hearing
The record of a public hearing which is held before the Commission shall consist of: (i) all
staff reports and similar information which is provided to the Commission in connection with
the public hearing, excluding confidential attorney-client communications from the Town
Attorney; (ii) all documents admitted into evidence by the Commission; (iii) all documents
offered into evidence at the hearing, but not admitted; (iv) the written decision of the
Commission; (v) copies of any applicable statutes, ordinances, rules or regulations; (vi) a
transcript of the public hearing; and (vii) such other documents as may properly be included
in the record.
29. Reopening of a Public Hearing
Whenever a public hearing has been opened and continued to another date, or where it has
been closed and the Commission wishes to take additional evidence prior to a vote or a
reconsideration of a vote, the Chair may reopen the public hearing for purposes of taking
such additional evidence. The Chair may limit the scope of such evidence to be taken.
Whenever a public hearing is reopened and additional evidence is taken, all such additional
evidence shall be deemed to be a part of the original public hearing.
30. Decisions By Commission
The decisions by the Commission shall be pursuant to §7.16.020(f), Step 6: Review and
Decision.
31. Execution of Documents
Any document which requires the written approval of the Commission may be executed by
the Chair, or in absence or incapacity of the Chair, by the Vice -Chair. In the event that both
the Chair and the Vice -Chair are absent from the Town or are incapacitated at the same time,
any member of the Commission may lawfully sign a document in the capacity of Assistant
Vice -Chair.
32. Suspension of the Rules
Any provision of these Rules not governed by the Town Charter or the ordinance which
created the Commission may be temporarily suspended at any meeting of the Commission
by a majority vote of the Commission. Any Rule may be suspended by general consent if the
matter is presented by the Chair and there is no objection by any member of the
Commission.
33• Amendment of the Rules
These Rules may be amended at any regular meeting or at any properly called special
meeting that includes amendment of the Rules as one of the stated purposes of the
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meeting. Adoption of an amendment shall be pursuant to §7.12.040(1) of the Avon Municipal
Code.
34• Reference to Robert's Rules of Order
The Commission shall refer to the current edition of Robert's Rules of Order Newly Revised,
to answer procedural questions not resolved in these Rules, so long as RONR does not
conflict with Colorado law, or with the spirit of these Rules.
35• Effect of Adoption of Rules
These Rules supersede all prior rules and regulations of the Commission.
Adopted: XX
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