PZC Packet 1118141 Agenda posted on November 11, 2014 at the following public places within the Town of Avon:
-Avon Municipal Building
-Avon Recreation Center
-Avon Public Library
-Town of Avon Website www.avon.org – Please call 970-748-4030 for Directions
Town of Avon Planning & Zoning Commission
Meeting Agenda
Tuesday, November 18, 2014
Community Development Department – 2nd Floor
Avon Municipal Building – One Lake Street
~Meetings are Open to the Public~
I. Call to Order – 5:00pm
II. Roll Call
III. Additions & Amendments to the Agenda
IV. Conflicts of Interest
V. PUBLIC HEARING: Case #SRU14002 – Special Review Use
Property Location: Lot 26-28, Block 1, Benchmark at Beaver Creek
Property Address: 910 Nottingham Road, Unit N-04 – Mountain Center
Zoning: Light Industrial & Commercial (IC)
Applicant: Todd DeJong, Lone Star Security
Owner: Avon Mountain Center, LLC
Description: Application for Accessory Dwelling Unit
VI. Work Session:
A – Bus Shelters
- Design Alternatives
- Locations/Priorities
B – Multi-Modal Plan
- CMI Recap
- Review of Technical Committee
- Schedule Outline
VII. Meeting Minutes Approval
• Meeting Minutes from October 21, 2o14
VII. Staff Approvals
• 810 Nottingham Road: Ruggs Benedict – landscaping revisions
VIII. Other Business
• Skier Building Updates
IX. Adjourn
November 18, 2014 PZC Meeting – Case #SRU14002 1
Staff Report – Special Review Use
November 18, 2014 Planning & Zoning Commission Meeting
Project
Accessory Dwelling Unit in Commercial-Use Condo
Project type Special Review Use Case #SRU14002
Legal description Lot 26-28, Block 1, Benchmark at Beaver Creek Subdivision
Zoning Light Industrial & Commercial
Address 910 Nottingham Road Unit N-04
Prepared By Brian Garner, Town Planner
Summary of Request
Todd DeJong (Applicant) is requesting a Special Review Use (SRU) Permit to allow the use of an
Accessory Dwelling Unit (ADU) in the Mountain Center Commercial Condos, unit N-04. The
property is zoned Light Industrial/Commercial (IC) and is located on Lot 26-28, Block 1, Benchmark
at Beaver Creek Subdivision addressed as 910 Nottingham Road (The Property).
According to the applicant, the proposed ADU is a 2,800 square foot three bed/two bath dwelling
unit constructed within the existing business condominium unit that will be the future home of Lone
Star Security. The ADU will be located on the second floor of the structure and has direct access to
the exterior at the north end of the unit, as required by building occupancy code. The unit is
separated from the balance of the building by a 1-hour fire wall construction that includes a rated
door assembly (per Building Code) for direct access into the business work area. Existing egress
windows in each of the proposed bedrooms are proposed to remain.
The applicant states that the ADU will be used exclusively for employees of Lone Star Security
during large-scale events such as the 2015 Alpine World Ski Championships. Exhibit A provides an
aerial vicinity map depicting the location of the Property and its immediate surroundings.
Additionally, a floor plan of the proposed ADU is included as Exhibit B.
Zoning
The Property is zoned Light Industrial and Commercial (IC) and Accessory Dwelling Units are
permitted as a Special Review Use pursuant to Section 7.16.100 Special Review Use. Currently,
there are no permitted or known ADU’s located within the Mountain Center Commercial Condos.
Section 7.20.80(g) and Table 7.20-13 limits the density of ADU’s permissible on a property to a
maximum of four (4) Accessory Dwelling Units. According to the Development Code, the IC zone
district “is intended to provide for a variety of businesses, including warehouses, research and
development firms, repair shops, wholesale distributors and light manufacturing. This district may
include supporting office and commercial uses where appropriate. Uses permitted in this district
are intended to serve community and regional needs. This district is intended to be located away
from low and medium density residential development. The IC district implements the Light
Industrial Commercial and Employment classification of the Avon Future Land Use Plan and
should be located along an arterial roadway.”
A Special Review Use is regulated in Sec. 7.16.100 of the Avon Development Code. According to
the purpose statement for this Section: “This Section provides a discretionary approval process for
special review uses that have unique or widely varying operating characteristics or unusual site
development features. The procedure encourages public review and evaluation of a use’s
operating characteristics and site development features and is intended to ensure that proposed
November 18, 2014 PZC Meeting – Case #SRU14002 2
use will not have a significant adverse impact on surrounding uses or on the community at large.
Special review uses that may be allowed in each zone district are listed in Table 7.24-1, Allowed
Uses.”
It is important to note that while an ADU is not specifically listed as an allowed (by-right) or Special
Review Use in Table 7.24-1, the Development Code also states: “Development or use of a
property for any other use not specifically allowed in Table 7.24-1 and approved under the
appropriate process is prohibited, unless determined by the Director that the proposed use is
consistent with intent of the zone district.” Staff has critically reviewed the proposed ADU in
accordance with:
• The intent of the IC zone district (Sec. 7.20.080 & Table 7.20-13)
• The Special Review Use performance standards (Sec. 7.24.060)
• The Use Regulations (7.24.010 Table of allowed uses description)
Table 7.20-13 Dimensional Standards
MIN.
LOT
SIZE
MIN.
LOT
WIDTH
MAX. LOT
COVERAGE
MIN.
LANDSCAPE
AREA
MIN.
FRONT
SETBACK
MIN. SIDE
SETBACK
MIN.
REAR
SETBACK
MAX.
BUILDING
HEIGHT
MAX.
DENSITY
RESIDENTIAL
21,78
0 SQ
FT
100’ 50% 20% 25’ 7.5’ 10’ 48’ 4
ACCESSORY
UNITS
The determination by Staff is that the proposed ADU within this specific IC-zoned business
condominium is compatible with the zoning and will not adversely impact legally existing uses at
this location. Lastly, it should be noted that approval of the SRU does effect a zoning change and
therefore, the SRU would be approved in perpetuity unless the PZC conditions otherwise.
Comprehensive Plan Analysis
The Avon Comprehensive Plan utilizes the same language as the intent statement for the IC zone
district. Specific Land Use Policies identified in the Comprehensive Plan that support this
application include:
• Policy C.2.1: Promote a wide range of residential uses including single family, duplex,
multifamily, and vertically integrated residential units (housing on the upper floors of mixed-
use commercial buildings) throughout the town.
• Policy C.5.2: Permit accessory residential uses in association with light industrial
commercial development when compatible.
• District 11: Metcalf Road District. Planning Principle: Accommodate limited/accessory
residential development that supports primary industrial/employment land uses.
Building Safety and Code Requirements
Willey Gray, Building Official for the Town of Avon has reviewed the proposed building plans for
the ADU in accordance with the 2009 International Building Code and the 2009 International Fire
Code.
According to the applicant, the unit is fully sprinklered and contains hard-wired smoke detectors
and carbon-monoxide detectors. Radon detectors are not required. If the SRU is approved by PZC,
the plans will be reviewed and approved by the Eagle River Fire Protection District in concert with
the building permit issued by the Town of Avon.
According to Willey Gray, should the Planning Commission not grant approval of the ADU, the
owner may still utilize the finished space as additional office space, but the unit may not be
November 18, 2014 PZC Meeting – Case #SRU14002 3
occupied for sleeping. Final inspections are required to be approved by the Building Official and
Eagle River Fire Protection District prior to occupancy of the unit.
Parking and Traffic
According to the Mountain Center building plans, the property contains 99 on-site paved parking
stalls available to all uses at the Mountain Center. The proposed ADU will not affect parking since
the applicant intends to use the bedroom facilities only during special events. According to the
applicant, most employees are retained contractually on a short-term basis to service the specific
event as needed and are often bussed from the Denver area to Avon. As a result of this
arrangement, approval of the ADU would have a negligible impact on traffic and on-site parking.
Review Criteria
A Special Review Use application must meet the criteria set forth in Sec. 7.16.100 of the Avon
Development Code as follows:
(1) 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 use achieves Goal C.5.2 of the Avon Comprehensive Plan by
permitting an ADU in the IC zone district upon determining the use is compatible with adjacent and
surrounding uses. The applicant is compliant with all applicable provisions of the Avon
Development Code in order to permit an ADU at this property. Lastly, the applicant is required to
obtain State approval for electrical inspections and has the requisite approvals.
(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: Accessory Dwelling Units are permitted as a special review use in the IC zone
district. Uses permitted in the IC zone district are intended to serve community and regional needs;
therefore the proposed ADU is consistent with the purpose and intent of the IC zone district.
(3) The proposed use is compatible with adjacent uses in terms of scale, site design, and operating
characteristics;
Staff Response: An ADU within this specific light industrial and commercial condominium building
is compatible with and will not negatively impact adjacent uses which are non-intensive uses that
are commercial in nature.
(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: An Accessory Dwelling Unit is less intensive than legally existing uses on the
property and will have a negligible impact on traffic generation, lighting, noise, odor, dust and other
external impacts. Furthermore, the ADU will not be occupied full time.
(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
Staff Response: The ADU is being constructed to all currently applicable building and fire codes
within an existing building that is currently serviced with all utilities, police and fire protection. The
ADU should have a negligible impact on these utilities and services.
November 18, 2014 PZC Meeting – Case #SRU14002 4
(6) Adequate assurances of continuing maintenance have been provided.
Staff Response: The applicant is proposing to locate his business offices in the unit in addition to
the ADU. This significant investment by the owner will help ensure the building is secured and
maintained at all times.
Staff Recommendation
Staff recommends that the Planning and Zoning Commission approve Case #SRU14002
approving a Special Review Use permit for an accessory dwelling unit at 910 Nottingham Road
with one condition.
Conditions
1. The ADU shall only be made available to employees or contractual employees of Lone Star
Security.
Recommended Motion
I move to approve the Special Review Use permit proposed in Case #SRU14002 , an application
to allow an Accessory Dwelling Unit in the IC Zone District with one condition.
Attachments
Exhibit A: Vicinity Map
Exhibit B: Proposed ADU Floor Plan
M
E
T
C
A
L
F
R
D
U S HWY 6
NOTTINGHAM RD
PRATER RD
MILLIES LN
0850425
FeetThis map was produced by the Community Development Department. Use of this map
should be for general purposes only. Town of Avon does not warrant the
accuracy of the data contained herein.
Created by Community Development Department
I
Property Boundaries
Lot 26-28 Block 1 BMBC 910 Nottingham Road
ON vl
::?4,_L
DEMO WALL/DOOR SPOT. DOTTED
r
I \
DEMO WALUDOOR SHOWN DOTTED DEMO NALL/DOOR 5.. DOTTED
F
EXI . ST NO/ DEMO FLOOR FLAN 0
L__
REMOVE EXISTING FIXED PANE
N.C./TR. AND WILL
EXISTING WOOD FRAME WALL
TO MATCH SURROUND. WALL
FINISHES EACH SIDE
N. ELECTRIC RANGE TOP
SET INTO EXISTING COLATIFRTOP
i.R.0,NODIF;EC,,,NTABINE7,0wAS ,EfEDED,,Rti
TV/DEN
Mo Hov,
O
PANTRY
WAREHOUSE
poRK,,
!FITE
1,B
10/22/2014
1426
:.BEET. A1.0 @ (ALL INTERIOR FINISHES, FIXTURES, HARDWARE, ETC. PER 0141ER REPRESENTATIVE)
SCALE: Y4" =
NEW FLOOR FLAN
EXIST. EGRESS ANDO.
DUSTIN WATER HEATER
AND UTILITY SINK
MIRROR
NEW LAVATORY SET IN NEN BASE
CABINET NITH PLASTIC LAMINATE
TOP 4 BACKSPLASH (2 SIDES)
NEW AMER CLOSET SET WITH S.2 .
CLEARANCES (16...CH SIDE) PER
IBC, RAGE AS 1.103211T, TO MAINTAIN
PROPER DRAINAGE AND FOR
CO.EALED UTILITIES TO BE
COORDINATED FOR USEABLE
FIXTURE PER IBC.
NEW SMOKER STALL WITH
PRE-HORNED BASIN TILE FINISHES
AND ROD AND CURTAIN
KIT/DINING
BEDROOM P3 BEDROOM #.2 BEDROO. 4
NEW ROD I
SHELF AT
OPEN CLOSET
NEW ROD 4 18,615
SHELF AT
OPEN CLOSET
N. ROD t SHELF AT OPEN CLOSET
NEW WALL WANG LAVATORY WITH
FACTORY SW/FORTS EMBEDDED IN
WALL
NEW SHC.ER STALL WITH
PREFORMED BASIN TILE FINISHES
AND ROD AND CURTAIN
NEW WATER CLOSET SET WITH
CLEARANCES (lb' EACH SIDE) PER
RAISE AS NEEDED TO MAINTAIN
PROPER DRAINAGE AND FOR
GONCF,J,T, UTILITIES 70 BE
COORDINATED FOR USEABLE
FIXTURE PER
REMOVE EXIST.
DOOR/FRAME/HARDWARE
ASSEMBLY/TR. AND
INFILL EXIST. WOOD
FRAME WALL TO MATCH
SURROUND. WALL
FINISHES EACH SIDE
GCAIFIRT4 POST-TENSION STRAND
LOCATIONS PRIOR TO ANY CORE
DRILL. - ADIGT PLACEMENT OF
FIXTURES ACCORD.,
2'-6
QC
91,ElEr; Architects
4‘,14
THIRD LEVEL
FLOOR PLAN
IMIST1116 OH DOOR EXISTING PERSONNEL
TO R15.44N DOOR TO REMAIN
REPLACE EXISTING D00,,,RA7RA,ME/
HOUR HARDWARE
RATED ASSEMBLY WITH SOLID OAK
INNEN-HOLD
LIVING ROOM
ARCHI TECTS
90 IN BENCHMARK ROAD
SUITE 207
BOX 5300
AVON, CO 81620
970.949.5200
vmda@vmda.com
FAX 949.5205 EXISTING WINDOW TO RENA
WAREHOUSE
,NO NOW,
1 October 21, 2014 PZC Meeting Minutes
Town of Avon Planning & Zoning Commission
Meeting Minutes for
Tuesday, October 21, 2014
Avon Municipal Building – One Lake Street
I. Call to Order – 5:00pm
II. Roll Call
All commissioners were present.
III. Additions & Amendments to the Agenda
• Color Standards were removed from Other Business
• Village at Avon DRB Update was added to Other Business
IV. Conflicts of Interest
• Commissioner Baum disclosed a conflict with Item VI. Minor Development
Plan.
V. Site Tour
Description: Walk from Town Hall through the Main Street Mall, and past
Roundabout #4 to review context of public improvements. Tour may include tour of
the “Skier” Building.
VI. Minor Development Plan
Roundabout #4 Design Elements
Property Location: Avon Road Right-of-Way
Property Address: N/A – Avon Road and Benchmark Road
Applicant / Owner: Town of Avon
Description: For review are further additions to the Roundabout #4 design elements.
The PZC previously approved 2015 features and the additions include the placement
of “Lasso” in the middle of the roundabout and “Town Center” lettering viewable to
southbound traffic.
Action: Commissioner Prince moved to approve the application with the condition
that “Town Center” letters be present on all three sides of the roundabout piece.
Commissioner Struve seconded the motion and it passed unanimously.
VII. Meeting Minutes Approval
• Meeting Minutes from October 7, 2014
Action: Commissioner Struve moved to approve the draft minutes, as drafted.
Commissioner Hardy seconded the motion and it passed unanimously 6-0 with
Commissioner Bonidy abstaining due to his absence from the October 7th
meeting.
2 October 21, 2014 PZC Meeting Minutes
VII. Staff Approval
• 2649 Beartrap Road - Exterior Deck and Expanded Deck Area.
VIII. Other Business
• CMI Glenwood Springs
• Commissioner Struve: High Altitude Learners meet every Thursday at 5pm
• Commissioner Prince: Village DRB received application from TOA for flagpoles
and statute
IX. Adjourn
The meeting was adjourned with no further business at 6:45pm
Approved this ____ Day of ___________________, 2014
SIGNED:
________________________
Jim Clancy, Chairman