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PZC Packet 031715WA Avon COLORADO I. Call to Order— 5:0013m IL Roll Call Town of Avon Planning & Zoning Commission --Meetings are Open to the Public - 111. Additions & Amendments to the Agenda IV. Conflicts of Interest V. PUBLIC HEARING: Case #REZ15001 & CPA15001 Property Location: Lot 1A Buck Creek PUD Property Address: 50 Walking Mountains Lane Zoning: PUD Applicant: Avon MOB, LLC Owner: Eagle River Fire Protection District Meeting Agenda Tuesday, March 17, 2015 Avon Municipal Building — One Lake Street Description: Avon MOB LLC is proposing a rezoning application for Lot 1A from PUD (fire station and supporting uses) to Mixed -Use Commercial zone district. The project would include a medical office building. A concurrent Comprehensive Plan Amendment is being processed to reflect this land use on the Future Land Use Map. VI. PUBLIC HEARING: Case #REZ15002 & CPA15002 Property Location: Lot 1B Buck Creek PUD Property Address: 6o Walking Mountains Lane Zoning: PUD Applicant: Eagle River Fire Protection District Owner: Buck Creek Associates, LTD Description: Eagle River Fire Protection District is proposing a rezoning of Lot 1B from PUD (11 dwelling units) to the Public Facilities (PF) zone district. The project would accommodate a joint police/fire public safety facility. A concurrent Comprehensive Plan Amendment is being processed to reflect this zoning designation on the Future Land Use Map. VII. Meeting Minutes Approval from March 3, 2015 VIII. Future Meeting Agendas: April 7 — Lot iz, Block 4, Wildridge Major Development Plan & Variance; Lot z, Riverfront Temporary Use; Lot 65-13, Block z, BMBC AEC for Paint Color; Medical Office Building Dev Plan April zi — Process for Public Art Selection; Comprehensive Plan Amendment Scope & Schedule. Medical Office Building Dev Plan (if necessary) IX. Adjourn Agenda posted on March 13, 2015 at the following public places within the Town of Avon: 1 -Avon Municipal Building Avon Recreation Center -Avon Public Library -Town of Avon Website www.avon.org — Please call 970-748-4030 for Directions PROJECT OVERVIEW avon February 17, 2015 Planning & Zoning Commission Meeting COLORADO Case Introductions Two properties containing four separate land use cases are being presented to the PZC resulting in four action items: Case #CPA15001: Comprehensive Plan Amendment for Lot 1A, Buck Creek PUD; together with Case #REZ15001: Rezoning of Lot 1A from PUD to Mixed -Use Commercial (MC) Case #CPA15002: Comprehensive Plan Amendment for Lot 1B, Buck Creek PUD; together with Case #REZ15002: Rezoning of Lot 1B from PUD to Public Facilities (PF) Synopsis • Lot 1A is owned by the Eagle River Fire Protection District (ERFPD) and is zoned PUD • Lot 1B is owned by Buck Creek Associates LTD in care of Oscar Tang and is zoned PUD • NexCore Group entered into a purchase & sale agreement with ERFPD for the acquisition of Lot 1A and with Oscar Tang for the acquisition of Lot 1 B • ERFPD has entered into a purchase agreement with NexCore for the acquisition of Lot 1 B • NexCore intends to develop Lot 1A as a medical facility • ERFPD intends to develop Lot 1B in partnership with the Town of Avon for a joint public safety facility • Lot 1A must be rezoned from PUD to Mixed -Use Commercial (MC) to allow the use of a medical facility • Concurrently, Lot 1A will require a Comprehensive Plan amendment to change the land use designation from the Neighborhood Commercial (NC) designation to Mixed Use (MC) • Lot 1B must be rezoned from PUD to Public Facilities (PF) to allow the use of a public safety facility • Concurrently, Lot 1B will require a Comprehensive Plan amendment to change the land use designation from the Neighborhood Commercial (NC) designation to Civic/Public Action The PZC will consider the analysis and findings of the respective staff reports, hold a public hearing, consider public testimony, evaluate the mandatory review criteria for each application, and direct staff to prepare a formal Findings of Fact, Record of Decision, and Recommendation to Town Council pursuant to Section 7.16.020(f)(3), Findings. Next Steps Following a recommendation by the PZC, the applications will be considered by Town Council at subsequent public hearings. A Major Development Plan for the Avon Medical Office Building is scheduled for review by the PZC at the April 7, 2015 public hearing. March 17, 2015 PZC Meeting — Lot 1 A Buck Creek Rezoning & Comp Plan Amendment .A,,. Staff Report - Rezoning & Comp Plan Amendment avon February 17, 2015 Planning & Zoning Commission Meeting COLORADO Report date March 13, 2015 Project type Case #REZ15001 & CPA15001 Legal description Lot 1A, Buck Creek PUD Zoning PUD Address 50 Walking Mountains Lane Prepared By Brian Garner, Town Planner Introduction The Applicant, Avon MOB, LLC, in a purchase & sale agreement to purchase the site (the "Property") from the Eagle River Fire Protection District ("Owner"), has submitted a Rezoning application with a concurrent Comprehensive Plan Amendment application (collectively the "Application"). The Application is requesting to rezone the property from the current PUD zoning to the Mixed Use Commercial (MC) district and change the comprehensive plan land use designation from Neighborhood Commercial to Mixed Use. The Application materials include a written narrative provided by NexCore Group. Process Comprehensive Plan Amendment & Rezoning: The review process requires review by the Planning and Zoning Commission ("PZC") and the Town Council. The PZC and Town Council are each required to conduct a public hearing prior to taking action. After conducting a public hearing the PZC takes action by making a recommendation to the Town Council. The Town Council is then required to conduct a public hearing. Comprehensive plan amendments and rezonings require approval by adoption of an ordinance by Council. Both the PZC and the Town Council may continue the initial public hearing for additional public hearings up to a maximum of 65 days unless the applicant provides consent to a greater extension. Major Development Plan: The Applicant is also submitting an application for a Major Development Plan. A Major Development Plan application is reviewed by PZC. PZC is required to conduct a public hearing for review of Major Development Plan. Although the Major Development Plan is an independent application, the review process is expected to overlap with this application and staff is supportive of facilitating concurrent review to the extent practical. Background Originally, the property was platted as Lots 5, 52A and 52B, Block 1, Benchmark at Beaver Creek Subdivision and zoned Specially Planned Area (SPA). In 1985, the property was replatted as Lots 1, 2, 3 and 4 of the Wildwood Resort Subdivision through Ordinance 85-4. The SPA had entitlements for a 15o -unit hotel, motel and/or lodge (accommodation) units, together with accessory uses and related commercial uses. Previous applications proposed between 4 and 6 stories of height with significant surface parking. March 17, 2015 PZC Meeting — Lot 1 A Buck Creek Rezoning & Comp Plan Amendment The Town Council approved the current Buck Creek PUD First Amendment by the adoption of Ordinance o9 -o8 on August 11, Zoog. The Town Council approved the subdivision creating Lots 1A and 1B by adoption of Resolution No. 09-41 on February 28, Zoog. The PUD and Development Plan establish the land use and development standards for the property including but not limited to allowed uses, parking standards, setbacks and density. The current permitted use for Lot 1A is limited to a fire station, including truck bays, duty quarters, offices, administration, meeting and training rooms, employee housing for fire district employees, and similar uses. Property Description Lot 1A is the southernmost lot of the Buck Creek PUD, located adjacent to Nottingham Road and Buck Creek Road. It is surrounded on the south and west sides by Town right-of-way and future development to the east (Lot 113). The lot contains 2.17 acres and the topography descends gently from north to south with Buck Creek running parallel to the west lot line. The property has dry utilities stubbed in, roughly in the center of the lot which will need to be relocated as part of the development. Overlot grading was done several years ago and the surface is generally flat with native grasses holding to the soil. .r; Y resWT 1 A 2.171 acr i OS - aA�, 3 F �i Cl5 _L_Pl G.R.i. 'e / R3lJERS y �\oacr, G,F.I• 30.(19I_.Liss orarnr� _ _ '.' �_ _ __ Application Summary The applicant is proposing a medical office building (MOB) which is not an allowed use in the current Buck Creek PUD for Lot 1A. In order to develop the property with the intended use, the applicant is required to rezone the property and was provided options to accomplish the desired use. One option is to amend the current PUD to allow the MOB together with primary and ancillary uses. A second option is to rezone Lot 1A to the Mixed -Use Commercial (MC) designation, established in the Avon Development Code, which expressly permits "Medical and dental clinics and offices". The advantage to this zone designation is to provide clear use and development standards in a location that has developed with a similar mixed-use context. March 17, 2015 PZC Meeting — Lot 1 A Buck Creek Rezoning & Comp Plan Amendment 2 According to the Avon Development Code, "the MC district is established to group and link places used for working, shopping, educating and recreating with residential uses, thereby creating a compact community form. This district allows commercial, office, civic, townhouse and apartment uses and, along with Neighborhood Commercial, is the preferred district and development type in Avon. The mostly vertical mix of uses will reduce vehicle trips, relieve traffic congestion and provide an urbanized, pedestrian environment. MC implements the mixed-use land use classification of the Avon Future Land Use Plan and should be located adjacent to the Town Center as a transitional district." Concurrent with the rezone application, the applicant is requesting to change the Future Land Use Plan designation from Neighborhood Commercial to Mixed -Use Commercial so the zoning and Comprehensive Plan documents are in sync. The primary distinction between the two land use designations is the allowance of vertically mixed development (i.e. residential above commercial) that will be available with the Mixed -Use Commercial designation and the increase in a the maximum building height from 38' to 60'. The land use designations and zoning are further analyzed and evaluated in this staff report. As the Application is proposed for a specific use, it needs to be understood what other uses can potentially occur should the property be rezoned to MC and the specified development of the MOB not occur. Development Code Purpose The Comprehensive Plan amendment review criterion and rezoning criterion inquires whether the purpose of the Development Code is promoted by the Application. As outlined in Sec. 7-04- 030, "The Development Code is intended to promote and achieve the following goals and purposes for the Avon community, including the residents, property owners, business owners and visitors." Purposes_. (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; (c) Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code; March 17, 2015 PZC Meeting — Lot 1 A Buck Creek Rezoning & Comp Plan Amendment 3 (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; (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; (h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; (i) Achieve or exceed federal clean air standards; (j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; (k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist -based economy and preserve property values; (1) 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; (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy; (o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in investment expectations; and (p) Promote the health, safety and welfare of the Avon community. (Ord. 10-14 §3) March 17, 2015 PZC Meeting — Lot 1 A Buck Creek Rezoning & Comp Plan Amendment 4 Comprehensive Plan Amendment Analysis Lot 1A is designated as Neighborhood Commercial in the Comprehensive Plan. According to the Comprehensive Plan, "These areas are intended to provide neighborhood -focused retail and service uses (such as markets, childcare, restaurants, and cafes) that are conveniently located near and connected with surrounding residential neighborhoods." The property is within the Nottingham Road Commercial District, which is a medium priority district. According to the Comprehensive Plan, "This area's proximity to the 1-70/Avon Road Interchange establishes its importance to the Town's identity. Development and redevelopment that occurs here should reflect the standards in the Town Center, but should not compete with the Town Center in terms of size of buildings or intensity of development." Planning Principles: • Limit access points on Nottingham Road to simplify traffic movements • Require landscape setbacks and internal landscaping of parking lots • Screen all equipment and storage from view • Limit building heights to that which is compatible with the existing surrounding development • Development intensity and activity should diminish when traveling north on Buck Creek Road Comprehensive Plan Amendment Review Criteria The review process and review criteria for Comprehensive Plan amendments are governed by AMC §7.16.030, Comprehensive Plan Amendment. The PZC shall use the criteria below as the basis for a recommendation on the Comprehensive Plan amendment portion of the application. Staff responses to each review criteria are provided. (i) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; Staff Analysis; The surrounding area is comprised of a variety of existing uses including differentiating levels of residential density, commercial and light industrial. The proposed Mixed Use land use designation is compatible and complimentary to the existing uses in the vicinity. The mixed use category is proposed to match the requested zone district of Mixed Use Commercial, which allows a medical center/hospital as a use by right. The intended use as a medical center/hospital on Lot 1A provides an essential public benefit to the Avon community that wouldn't otherwise be accommodated with another land use designation. (2) Transportation services and infrastructure have adequate current capacity or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; Staff Analysis: The site is within a developed area with all infrastructure and services available to serve the demands of potential development rights associated with the Mixed Use designation. March 17, 2015 PZC Meeting — Lot 1 A Buck Creek Rezoning & Comp Plan Amendment 5 (3) Public services and facilities have adequate current capacity or planned capacity to serve the land use proposed in the plan amendment; Staff Analysis: The site is within a developed area with all infrastructure, public services and facilities available to serve the demands of potential development rights associated with the Mixed Use designation. (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; Staff Analysis: Though the current designation is still appropriate, the Mixed Use designation would provide more opportunity for vertically mixed use that includes residential that is critical to the needs of the Town. Furthermore, the Mixed Use designation provides the appropriate transition from Town Center and Neighborhood Commercial zoned land uses located south of the site to residential zoned uses to the west and north. (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; Staff Analysis: The current designation of Neighborhood Commercial does not provide for residential development which is among numerous goals of the Comprehensive Plan. (6) The proposed plan amendment will promote the purposes stated in this Development Code;and Staff Analysis: Many of the purposes of the Development Code speak to employing sound planning principles, efficient land use and protecting the environment to the benefit of the Avon community. The proposed Mixed Use designation promotes more of the goals and purposes of the Development Code since the proposed Mixed Use designation allows a more efficient land use type that allows residential development mixed with commercial uses. (7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. Staff _Analysis: The proposed Comprehensive Plan amendment promotes the health, safety and welfare of the Avon community by instituting a land use designation that will allow the preferred zoning of the property consistent with numerous goals and policies of the Avon Comprehensive Plan. Zoning Analysis The Avon Development Code describes the purpose of the Mixed Use Commercial district as: "The MC district is established to group and link places used for working, shopping, educating March 17, 2015 PZC Meeting — Lot 1 A Buck Creek Rezoning & Comp Plan Amendment 6 and recreating with residential uses, thereby creating a compact community form. This district allows commercial, office, civic, townhouse and apartment uses and, along with Neighborhood Commercial, is the preferred district and development type in Avon. The mostly vertical mix of uses will reduce vehicle trips, relieve traffic congestion and provide an urbanized, pedestrian environment. MC implements the mixed-use land use classification of the Avon Future Land Use Plan and should be located adjacent to the Town Center as a transitional district. As outlined_ in Sec. 7.20.07o(a), the Purposes of the Mixed -Use District include: 1. Promote higher -density residential development near and within the Town Center and commercial centers and other areas as appropriate; 2. Concentrate higher -intensity commercial and office employment growth efficiently in and around the Town Center and other centers of community activity; 3. Encourage mixed-use redevelopment, conversion and reuse of aging and underutilized areas and increase the efficient use of available commercial land in the Town; 4. Create pedestrian -oriented environments that encourage transit use, pedestrian access and more sustainable land use patterns; and 5. Ensure that the appearance and function of residential and nonresidential uses are of high and unique aesthetic character and quality and are integrated with one another and the character of the area in which they are located. Comparison to Existing Development Rights Lot iA Existing and Proposed: "•'• Buck Creek PUD MC Zone As delineated in Table 7.24-1 of Allowed Uses All uses customarily associated with a main branch fire station including but not limited the Avon Development Code to truck bays, duty quarters, offices, (attached). administration, meeting and training rooms; Employee housing units for fire district employees; and The zoning administrator may approve uses found to be similar Special Review None. As delineated in Table 7.24-1 of Uses the Avon Development Code (attached as Exhibit A). Density Employee units to serve the fire district. n/a Building Height Maximum building height: forty-five (45) feet *Sixty (6o) Feet with an allowed architectural projection for a tower on a fire station to be fifty-five (55) feet. March 17, 2015 PZC Meeting — Lot 1 A Buck Creek Rezoning & Comp Plan Amendment 7 Setbacks Front: twenty-five (25) feet *Front: ten (1o) feet Side: seven and one half (7.5) feet *Side: zero (o) feet Rear: ten (1o) feet *Rear: ten (1o) feet Other Maximum Lot Coverage: 50% Maximum Lot Coverage: 50% Restrictions Minimum Landscape Area: 25% Minimum Landscape Area: 20% *Unless otherwise set forth in the Avon Comprehensive Plan, these dimensional requirements apply. Development Standards for the Mixed -Use Commercial District These development standards will be implemented if the rezoning is approved. A forthcoming Major Development Plan submittal will need to adhere to these standards as well as any other JUUIILdUIC ICUUIICIIIVI IL> >UC.II dN LI IC UC�)II__II 15LdIIUdIUN W LI IC /1vUI I VCVCIVUIIIV HL I.UUC. Min. Lar .flirt. Lot Max. Loi hitt. 54:e (acres Width Coverage Landscalie tilitt. Front Alin, .Side _Elia. Rear Alar. Building or sq. ft) (feet) (%) Area (%) Serback (feet) .Setback (feet) .Setback (feed) HeLght (feet) [3] 40 50 [4] 20 10 0 [1] 10 [2] 50 [1] MC :abutting a residential district shall snatch the side setback of that district. [2] 'Mien abutting a public street. alley or public right-of-way. The rear setback for MC abutting a residential district shall be 20 feet, regardless of the location of any street_ alley or KOW. [3] Must meet density ;and setback requirements. [4] May be increased to 70% if employee housing nntigation is provided in accordance with Section 7.20. 100 Building Heights Comparison The MC district allows a maximum building height of sixty (6o) feet, which is slightly higher than the maximum height allowed by the Buck Creek PUD standards for Lot 1A. The Table below illustrates varying building heights of existing structures in Avon as well as a summary of maximum building heights allowed in different zone districts. BUILDING ZONING MAX. HEIGHT Proposed Medical Office Building MC 6o' Walking Mountains Max. Building Height PUD 38' Northside Coffee & Kitchen NC 32' Westin Riverfront Resort (Lot z) PUD 135' Metcalf Lofts (w/elevator projection) PUD 48' — 55' Sheraton Mountain Vista PUD 100' Wyndham TC 8o' AVON ZONE DISTRICT HEIGHTS Residential Low Density 35' Residential Medium Density 48' Residential High Density 60' Neighborhood Commercial 38' Mixed Use Commercial 60' Town Center 8o' Public Facilities 40' Light Industrial & Commercial 48' March 17, 2015 PZC Meeting — Lot 1 A Buck Creek Rezoning & Comp Plan Amendment 8 Buck Creek PUD The Buck Creek PUD Land Use Table is shown below to illustrate the balance of the PUD and associated development rights and development standards. BUCK CREEK PUD LAND USE TABLE BUCK CREEK PUD Lot Existing Proposed MC District Lot iA 45' w/fire tower architectural projection to 55' 6o' Buck Creek PUD The Buck Creek PUD Land Use Table is shown below to illustrate the balance of the PUD and associated development rights and development standards. BUCK CREEK PUD LAND USE TABLE LOT iA LOT i B LOT 2 LOT 3 LOT 4 LOT 5 Allowed Uses PROPOSED PROPOSED Residential Education facilities; Open Space; Early Childhood REZONE TO MC REZONE TO PF FOR Dwelling Units Employee Housing Landscape & Education Facilities; FOR MEDICAL PUBLIC SAFETY (including single Units; Pedestrian Screening; Erosion Day Care Facilities; FACILITY FACILITY family, duplex and Paths & Trails; Protection; Road Professional threeplex Public Assembly Rights of Way; Offices Fire District Uses; Residential townhomes) Facilities Bicycle & Residential Units Dwelling Units Pedestrian Paths (for the efficient (including single operation of the family, duplex and facility); Employee threeplex Housing Units; townhomes) Public Assembly Facilities; Accessory Buildings & Uses Special Review None Home Occupation Home Occupation None None None Uses Density Employee Units to n Dwelling Units 31 Dwelling Units Employee Housing N/A N/A Serve the Fire Maximum Maximum Units & Co -Housing District for Employees of the Gore Range Natural Science School Building Forty Five (45) Feet Forty -Two (42) Feet Forty -Two (42) Feet Thirty -Eight (38) N/A Thirty (3o) Feet Height with an allowable Feet projection for tower to Fifty Five (55) Feet Setbacks Front: 25' Front: 25' Front: 25' Front: 25' N/A Front:25' Side: 7.5' Side: 7.5' Side: 7.5' Side: 7.5' Side: 7.5' Rear: to' Rear: to' Rear: to' Rear: to' Rear: to' Other Maximum Dwelling Maximum Dwelling Restrictions Unit Size: 2,700 Unit Size: 2,700 Gross Square Feet Gross Square Feet No More Than 3 No More Than 3 Dwelling Units Per Dwelling Units Per Building Building Rezoning Review Criteria The review process and review criteria for rezoning applications are governed by AMC §7.16.05o, Rezonings. The PZC shall use the criteria below as the basis for a recommendation on the Rezoning portion of the application. Staff responses to each review criteria are provided. (1) Evidence of substantial compliance with the purpose of the Development Code; Staff Analysis: Many of the purposes of the Development Code speak to employing sound planning principles, efficient land use and protecting the environment to the benefit of the Avon community. The proposed Mixed Use designation promotes more of the goals and purposes of the March 17, 2015 PZC Meeting — Lot 1 A Buck Creek Rezoning & Comp Plan Amendment 9 Development Code since the proposed Mixed Use designation allows a more efficient land use type that allows residential development mixed with commercial uses. (2) Consistency with the Avon Comprehensive Plan; Staff Analysis: Concurrent with this application, the applicant is requesting an amendment to the Comprehensive Plan to align the land use designation with the requested zone district. The Mixed Use Commercial zone district and Mixed Use land use designation of the Comprehensive Plan are compatible designations that will achieve the goals and purposes of the Development Code and Comprehensive Plan to the benefit of the community. Planning principles of District 13 of the Comprehensive Plan strive to develop property to an appropriate scale and be aesthetically pleasing. The rezoning will accomplish these principles by implementing specific development standards that ensure a quality development of Lot 1A. (3) Physical suitability of the land for the proposed development or subdivision; Staff Analysis: The land is within a developed context with all available infrastructure and services available to serve the intended use. Additionally, the land has utilities stubbed -in and overlot grading has prepared the lot for development. (4) Compatibility with surrounding land uses; Staff f_Analysis: Situated near Interstate 70, the surrounding area is generally mixed use containing residential, commercial and light industrial land uses. The proposed Mixed Use Commercial district is compatible with this context of zoned and existing land uses. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned Staff Analysis: The site is situated within a PUD that is largely undeveloped. Lot 1A is entitled for development of public facilities including a fire facility. Changing conditions do justify the relocation of proposed public facilities to the adjacent Lot 1B and allowing Lot 1A to be rezoned as Mixed Use Commercial thereby allowing development of the property for a medical center/hospital. (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; Staff Analysis: The applicant has provided the requisite information to demonstrate that adequate facilities are available to serve the intended development without impact to existing development. March 17, 2015 PZC Meeting — Lot 1 A Buck Creek Rezoning & Comp Plan Amendment 10 (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district; Staff Analysis: Purpose (z) of AMC §7.20.070 states: "Concentrate higher -intensity commercial and office employment growth efficiently in and around the Town Center and other centers of community activity." Rezoning the property for the intended use of a medical center/hospital is consistent with the center of activity existing in the vicinity of the 1-7o/Avon Road/Nottingham Road interchange which contains an established district of mixed uses. (8) That, compared to the existing zoning the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; Staff Analysis: The rezoning should have a negligible impact on the natural environment compared with the existing development rights as the development footprint will be approximately the same whether the existing zone district or the proposed. Conceptual development of Lot 1A under the PUD zoning contemplates a fully developed parcel with no maximum site coverage restriction; preliminary drawings of the proposed medical facility indicate total site coverage at less than 50%. (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Staff Analysis: The proposed mixed use zone district does not allow uses of a greater intensity than those allowed by the existing PUD zoning that include a public safety facility and employee housing. Therefore, the rezoning is not likely to result in significant adverse impacts to other property in the vicinity. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and, Staff Analysis: This criterion is not applicable because the Applicant is seeking to rezone the Property to the Mixed Use Commercial zone district. (11) Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. Staff Analysis: The applicant has conducted the requisite development impact studies and will mitigate any concerns in accordance with study recommendations and Town of Avon requirements through the Development Plan phase of entitlements. March 17, 2015 PZC Meeting — Lot 1 A Buck Creek Rezoning & Comp Plan Amendment 11 Staff Recommendation for Case #CPA15001: Staff recommends approval of the Application together with the findings of fact. Recommended Motion: I move to recommend Town Council approve Case #CPA1500i, an application to amend the future land use designation for Lot iA, Buck Creek PUD together with the findings of fact. The Following Findings May be Applied Should the PZC Approve the Application: 1. The application meets the applicable review criteria based upon the Staff Report prepared by Brian Garner, Town Planner, dated March 13, 2015. 2. The surrounding area is compatible with the Mixed Use Commercial classification and this designation will enhance the Town's economic base by providing employment opportunities close to residential. 3. The Comprehensive Plan amendment will promote the purposes of the Development Code by preserving, protecting and promoting employment -generating uses. 4. The Mixed Use classification will result in a form of development beneficial to the Avon community because it will allow the implementation of the preferred zone district as stated in the Avon Development Code. Staff Recommendation for Case #REZ15001: Staff recommends approval of the Application together with the findings of fact. Recommended Motion: I move to recommend Town Council approve Case #REZ15ooi, an application for rezoning of Lot iA, Buck Creek PUD together with the findings of fact. The Following Findings May be Applied Should the PZC Approve the Application 1. The application meets the applicable review criteria based upon the Staff Report prepared by Brian Garner, Town Planner, dated March 13, 2015. 2. The Application is substantially compliant with the purpose of the Development Code as the Mixed Use Commercial zoning will ensure the most appropriate use of land in the Town and allow the development of a medical facility that will provide a high quality of life for residents. 3. The land is suitable for development of a medical facility without compromising public utilities or services. 4. The Mixed Use Commercial zoning is consistent with the purpose of the district by allowing commercial, office, civic, townhouse and apartment uses and is the preferred district and development type in Avon as stated in the Development Code. Attachments A: Exhibit A: Land Use Table 7.24-1 B: Comprehensive Plan Exhibit C: Vicinity Map D: Application Materials March 17, 2015 PZC Meeting — Lot 1 A Buck Creek Rezoning & Comp Plan Amendment 12 7.24.040 Table of allowed uses. Table 7.24-1 Allowed Uses P — Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 7-110 Residential Nonresidential Use -Specific RD RL I RM RH RH-C NC MC TC SC P PF IC OLD Use Category Use Type Regulations Residential Uses Household Dwelling, Single- P P Living Family Detached Dwelling, Two- P P P Family/Duplex Dwelling, P P P P P P Townhouse Dwelling, Multi- P[ 1] P P P P P [I] Limited Family to 8 units per building in RM Dwelling, live/ S S S S S S P work Accessory DU S S S Dwelling, S P P 7.24.050(d) timeshare, interval 7.24.060(a) ownership or fractional fee ownership/ vacation club Group Living Group homes S S S S S S 7.24.060(b) Retirement home, S S S S S S nursing home or assisted living facility Accommodat Bed and breakfast S S S S S P P P ion Hotel, motel and P P P lodge P — Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 7-110 P — Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 7-111 Residential Nonresidential Use -Specific RD RL RM RH I RH-C NC MC TC SC P PF IC OLD Use Category Use Type Regulations Public and Institutional Uses Community Art gallery or P P P P P Services museum Community S S S P P P P P P centers Library P 7.24.050(a) Government P P P 7.24.050(a) services, offices and facilities Post office P branches Religious S S S S S S S S S S S assembly Day Care Preschool, nursery S S S S S S S S S 7.24.060(c) school Child care, in S S S S S S S S 7.24.060(c) home Child care center S S S S S 7.24.060(c) Educational College or S P S P P 7.24.050(a) Facilities university (nonexempt) School, K-12 P P P P P P P 7.24.050(a) (public and private) School, vocational- P P 7.24.050(a) technical and trade P — Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 7-111 P — Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 7-112 Residential Nonresidential Use -Specific RD RL RM RH I RH-C NC MC TC SC P PF IC OLD Use Category Use Type Regulations Public and Institutional Uses (Cont'd) Parks and Arboretum or S P P P 7.24.050(b) Open Space botanical garden Community garden P P P P P P P Community P playfields and parks Golf course P P P P P P P Parks and forest P P preserves (private, not-for-profit Transportatio Bus terminal S P 7.24.060(d) n Rail terminal S P P (passenger) Commercial S P parking facilities (surface & structure) Utility Major energy S facilities Public utility S S S S S S S S S S substations where no public office, repair or storage facilities are maintained P — Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 7-112 P — Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 7-113 Residential Nonresidential Use -Specific RD RL RM RH I RH-C NC MC TC SC P PF IC OLD Use Category Use Type Regulations Public and Institutional Uses (Cont'd) Utility Ground mounted S (cont'd) solar devices Small wind energy S S S S S S S S S S S system Wireless S S S S S S S S S S S S communication tower and/or antenna Commercial Uses Animal sales Kennel S 7.24.060(e) and services (3) Pet shops P P P P P Veterinary clinic, P P P small (indoor only) Veterinary clinic, S large (with outdoor runs) Auction House P P P P Assembly Auction yard P Membership clubs P P P Financial Financial S S S S 7.24.060(f) Service institution, with drive-thru Financial P P P P institution, without drive-thru P — Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 7-113 P — Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 7-114 Residential Nonresidential Use -Specific RD RL RM RH I RH-C NC MC TC SC P PF IC OLD Use Category Use Type Regulations Commercial Uses (Cont'd) Food and Bakeries P P P P Beverage Services Bars or taverns P P P P P 7.24.060(h) (2) Coffee shops P P P P P Restaurant, with S S S S S 7.24.060(g) drive-in or drive- thru Restaurant without P P P P P drive-in or drive- thru Health Care Medical center/ S P P P Facilities hospital Urgent care facility P P P P Medical and dental P P P P S clinics and offices Office Administrative and P P P P professional offices Office with S showroom and/ or warehouse facilities Recreation Outdoor P P P and commercial Entertainmen recreation t, Outdoor Riding academies S P P — Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 7-114 P — Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 7-115 Residential Nonresidential Use -Specific RD RL RM RH I RH-C NC MC TC SC P PF IC OLD Use Category Use Type Regulations Commercial Uses (Cont'd) Recreation Indoor commercial P P P P P and recreation/ Entertainmen entertainment t, Indoor Sexually -oriented S business Theater/ S P P P performance hall Personal Barber shops, P P P P P Services beauty salons, day spas Dry cleaning and P P P P P laundry service General personal P P P P P services Tattoo parlors, S S S body piercing Retail (Sales) Antique shops P P P P P Appliance stores P P P P P Art shops P P P P P Book and P P P P P stationery stores Clothing stores P P P P P Convenience store, S S S P P with fuel P — Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 7-115 Use Category Use Type Residential Nonresidential Use -Specific Regulations RD RL RM RH I RH-C NC MC TC SC P PF IC OLD Commercial Uses (Cont'd) Retail Sales (cont'd) Convenience store, without fuel S P P P P P Drug stores P P P P P Electrical supply stores P P P Florists P P P P P Furniture shops P P P P Gift shops P P P P P Grocery stores P P P P P Home improvement store, under 25,000 sq. ft. P S P P P Home improvement store, over 25,000 sq. ft. P P Jewelry, craft and hobby shops P P P P P Medical marijuana Music, radio and television stores P P P P P Nursery, landscaping supply P S P P Office supply store P P P P P — Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 7-116 Use Category Use Type Residential Nonresidential Use -Specific Regulations RD RL RM RH I RH-C NC MC TC SC P PF IC OLD Commercial Uses (Cont'd) Retail Sales Liquor stores P P P P P (cont'd) Paint stores P P P P P Photographic studios P P P P P Retail sign shops P P Retail sales with drive-thm S S S S S Shoe stores P P P P P Sporting and athletic goods stores P P P P P Toy stores P P P P P Wholesale Business Wholesale business P Vehicles and equipment Automobile repair shop, minor S S P 7.24.060(h) Automobile repair shop, major S P Automobile sales and rental S S Car wash S S S 7.24.060(h) Parking lot (commercial) S S S S S P — Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 7-117 P — Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 7-118 Residential Nonresidential Use -Specific RD RL RM RH RH-C NC MC TC SC P PF IC OLD Use Category Use Type Regulations Industrial Service Industrial Research facilities P Service (commercial) Builders supply P yards Construction P industry related businesses Heavy industrial S uses Junkyards S Light industrial P uses Lumberyards S except when indoors as part of a hardware store Mining and S S S S S S S S S S S S S mineral extraction Manufacturin Machine and P g and welding shops Production Manufacturing, S heavy Manufacturing, P light P — Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 7-118 P — Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. (Ord. 14-01 §2; Ord. 13-02 §3; Ord. 12-02 §2; Ord. 11-04 §2; Ord. 10-14 §3) 7-119 Residential Nonresidential Use -Specific RD RL I RM RH I RH-C NC MC TC SC P PF IC OLD Use Category Use Type Regulations Industrial Service (Cont'd) Warehouse Mini -storage P and Freight Movement Storage P warehouses Waste and Recycling center S Salvage (indoor) Recycling P P P P P P P P P P facilities, drop-off P — Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. (Ord. 14-01 §2; Ord. 13-02 §3; Ord. 12-02 §2; Ord. 11-04 §2; Ord. 10-14 §3) 7-119 TOWN OF AVON COMPREHENSIVE PLAN CASE #CPA15 1 PROPOSED COMPREHENSIVE PLAN AMENDMENT LOT 1A BUCK CREEK PUD �` eGi �, E=1 1 �d m,�l�I.m m.� �Avon Future Land Use Plan Lot 1A & Lot 1 B Buck Creek PUD Noyq�/ <LO 1�V0� Thismapw,pmdu dbythe Community Devebpment Department. U—fthi—p ShoWdba,,9-,Wpn,posas Holy T,—&A✓ondoes not wa.,ant theProperty Boundaries accuracy 0 the data contained herein . L Created by Community Development Department e Feet 180 360 ,aeon Town of Avon Community Development Department LAND DEVELOPMENT APPLICATION ENSURE A COMPLETE SUBMITTAL BY INCLUDING THE REQUISITE FORMS —ASK FOR A SUBMITTAL CHECKLIST One Lake Street - PO Box 975 Avon, CO 81620 Application.• .,, of Comprehensive Plan Amendment ❑ Administrative PUD Amendment ❑ Appeal ❑ Code Text Amendment ❑ Preliminary PUD ❑ Special Review Use X Rezoning c Final PUD ❑ Variance ❑ Administrative Subdivision ❑ Annexation ❑ Alt. Equivalent Compliance ❑ Minor Subdivision ❑ Minor Development Plan ❑ Right -of -Way Vacation ❑ Major Subdivision - Prelim Plan ❑ Major Development Plan ❑ Vested Property Right ❑ Major Subdivision - Final Plat ❑ Major Development Plan (TC) ❑ Sign Design ❑ Temporary Use Permit ❑ Minor PUD Amendment ❑ Master Sign Program/Amend. ❑ Major PUD Amendment ❑ Project 1041 Regulation AVON MEDICAL OFFICE BUILDING Project Location: Street Address: 50 BUCK CREEK ROAD Legal Description (Lot, Block, Subdivision): Parcel Number(s): PARCEL 1A, BUCK CREEK PUD AVON, according to the plat recorded December 30, 2009 under reception no. 200927819, County of Eagle, Colorado Applicant: Name: Avon MOB LLC C/O NexCore Group, ATTN: William Maggard Mailing address: 1621 18th Street Suite 250 City: Denver State: Colorado ZIP Code: 80202 Phone: (303) 6214936 Email: william.maggard@nexcoregroup.com Fax: (303) 244-0720 Property Owner: Name: Eagle River Fire Protection District Mailing address: P.O, Box 7980 City: Avon State: Colorado Zip Code: 81620 Phone: (970) 748-9665 Email: jbcartm@vail.net Fax: (970) 949-7965 Date: February 6, 2015 FEE PAID Z • Z Lo • ZOIS APPLICATION/CASES * rruz ISoal E (—PA isczl DATE RECEIVED Z• Z b, ZD I CASE MANAGER t I E L S -r i c-ICE.(Z ENSURE A COMPLETE SUBMITTAL BY INCLUDING THE REQUISITE FORMS —ASK FOR A SUBMITTAL CHECKLIST One Lake Street - PO Box 975 Avon, CO 81620 Specific Reasons for the Rezoning Avon MOB LLC, the Applicant, is planning to develop a medical office building on Lot 1A. Lots 1A and 1B are currently part of Buck Creek PUD. The current approved PUD for Lot 1A anticipates a Fire Station facility and an Administration building. The Town of Avon prefers and encourages land use that is based on zoning district classification rather than PUD for simplicity, clarity and consistency. Rather than amend the existing PUD, Applicant is requesting a rezoning of Lot 1A to Mixed Use Commercial District (MC). MC includes, as permitted uses, urgent care facility, and medical and dental clinics and offices. The MC district also has a building height restriction of 60 feet, which satisfies the building height of Applicant's development plan. As part of the Applicant's development plan, the Fire Station and Police Department uses will move to Lot 16, which is currently planned for 29,700 square feet of multi -family development consisting of 11 units of townhomes. Townhome use is planned to be removed from both Parcels 1A and 113. There is a dearth of high quality healthcare services located in the Town of Avon. The Applicant is planning to develop a facility on Lot 1A that houses highly regarded medical professionals that are considered leaders in their specialties in the Valley. The services planned for the medical office project include primary care, specialty care, urgent care, diagnostic testing and imaging. Avon residents must travel to other communities to find these types of medical professionals and healthcare services at this time. This rezoning application is being made as part of the effort to bring this type of facility and these services to the Avon community. Assessment of Impacts on Town Services Assessing the impacts on Town services by comparing the current and proposed zoning for Lots 1A and 16 of the Buck Creek P.U.D., involves the comparison of the relative impacts of multi -family residential development versus medical office development. Transportation. The Applicant anticipates that the Town of Avon roadways will operate at adequate levels of service as a result ofinedical office useon Lot 1A. The proposed rezoning will reduce automobile travel times for Avon residents seeking high quality healthcare services, as the rezoning will enable a healthcare facility to be more conveniently located for Avon residents. Water. It is commonly understood that medical office use consumes less water than multi -family residential use. The Applicant understands that Eagle River Water & Sanitation District ("ERWS&D") will be analyzing the annual demand requirement for the proposed medical office facility as part of the Major Development Plan approval process for the subject site. The Applicant's engineering and design consultants met with ERW&SD on January 27, 2015 to review preliminary plans for the development of the subject site. ERW&SD has raised no concerns to date that it would lack adequate capacity to provide water sufficient for Applicant's proposed use. Sewer. As is the case with water consumption being less for medical office use than for multi -family residential use, the same can be said for a similar reduction in wastewater treatment volume. The Applicant's engineering and design consultants met with ERW&SD on January 27, 2015 to review preliminary plans for the development of the subject site. ERW&SD has raised no concerns to date that it would lack adequate the capacity to treat the wastewater estimated for Applicant's proposed use. Schools. The proposed rezoning will have less impact on schools than multi -family use. Although the the medical office use will bring new jobs to Avon, there is no conclusive data available to gauge whether these new jobs could be expected to increase the number of students at local schools to a Page 12 NexCo GROUP February 6, 2015 greater extent than would be expected under the current zoning, which permits multi -family residential development. Emergency Services. Medical office use is for outpatient services only. Patients, physicians, staff and visitors are ambulatory at all times, except for those patients undergoing sedation for low-risk outpatient surgery. In the rare case of an emergency situation arising during a surgical procedure, an ambulance would be called for transport of that patient to the nearest hospital. Elderly people tend to consume more healthcare services than other age cohorts, and are more susceptible to slips and falls than younger age cohorts. There is the possibility that the outpatient activity at the medical office could result in more calls for emergency transportation than 11 town homes. Police. Based on Applicant's preliminary and informal discussions with the police department, insufficient data is available at this time to assess whether the rezoning is unlikely to result in greater demands on the police when compared to multi -family residential use in the current PUD. Parks and Recreation. The rezoning will result in less impact on parks and recreation than multi -family residential use in the current PUD. There are trails in the vicinity (Buck Creek, 1-70 frontage trail), and the proposed rezoning will not damage or limit those trails in any way. The previously approved recreation path will be installed to connect with the Buck Creek path extension. The medical office building is not expected to increase the use of the trails in any appreciable way. The staff of the medical office building could possibly use the trails during work breaks and lunches, although those breaks are typically not long enough to venture too far from the facility. Patients and the visitors to the medical officeare not expected to impact the trails during their appointment times. Medical. The rezoning will enable the Applicant to enhance medical services for the Town of Avon and its residents. The Applicant's development plan will bring primary care, specialty care, urgent care, and diagnostic imaging to the Town of Avon. There is a dearth of these services in the Town of Avon. The quality of the physicians and other medical professionals who are planning to locate in proposed project are well respected in the Valley and throughout the greater Denver metropolitan area. Library. The proposed rezoning to medical office use is not expected to create any greater demand for public library services than would be expected in the case of the current PUD zoning that permits multi- family residential use in the current. The professionals working at the proposed medical office facility will have their own research libraries, and are less likely to visit a library than new residents. Response to Mandatory Review Criteria in Section 7.16.050(c) of the Town of Avon Municipal Code (1) Evidence of substantial compliance with the purpose of the Development Code The Applicant understands that the Town of Avon's rezoning process requires evidence of substantial compliance with the purpose of the Development Code. The purposes and goals of the Development Code are described in Section 7.04.030 (a) through (p), and the Applicant is addressing these items in order as follows: (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building C lines and locations of buildings designed for specified industrial, commercial, residential and NexCore Page 13 GROUP February 6, 2015 other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; Rezoning to specific zoning district classification provides greater clarity of land use than a PUD, and will provide consistent restrictions to Parcel 1A that are established across Avon in other MC Zone Districts. (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; The proposed rezoning is compatible with the Avon Comprehensive Plan and other applicable planning documents of the Town, as described herein: District 13: Nottingham Road Commercial District "This area's proximity to the 1-70/Avon Road Interchange establishes its importance to the Town's identity. Development and redevelopment that occurs here should reflect the standards in the Town Center, but should not compete with the Town Center in terms of size of buildings or intensity of development." Concurrently with this rezoning submittal, the Applicant is also submitting an application to amend the Comprehensive Plan for Lot 1A so that zoning district and Comprehensive Plan are conforming and harmonious. The requested changes in designation of the zoning district and Comprehensive Plan for Lot 1A make sense because the goals, objectives and policies of the Town of Avon planning and zoning criteria are substantially achieved at this stage of the entitlements process for a much needed healthcare facility for the Avon community. The requested zoning district follows surrounding zone districts. Neighborhood Commercial district exist to the east and south. Low Density Residential district exists to the west of Buck Creek Road. Rezoning the property to Mixed Commercial allows for a blend of commercial and residential properties. This allows future development to remodel or repurpose the site without rezoning. The Applicant will also be submitting a Major Development Plan application as part of the process of obtaining the required approvals from the Town of Avon. During the process of development plan approval, the Town of Avon will also be reviewing the project to ensure that it satisfactorily harmonizes the objectives of the Town and the Applicant. Planning Principles: • Limit access points on Nottingham Road to simplify traffic movements. This project is planned to have only one point of vehicular access and egress to the development from and onto Nottingham Roadto serve the parking garage for employees. A second (primary) access shall occur at the existing site access road (Walking Mountain Lane), NexCore Page 14 GROUP February 6, 2015 and this access point will be designated for patients. This also is consistent with the Buck Creek PUD. • Require landscape setbacks and internal landscaping of parking lots. Following the Buck Creek PUD, and the MC Proposed Zone, Parcel 1A will respect the natural features of the site and provide at a minimum 20% of open space / landscaping. • Screen all equipment and storage areas from view. The use of an underground parking structure and the natural terrain of the site will allow the proposed development to screen all equipment and storage areas from view. This will be demonstrated further in the development plan. • Limit building heights to that which is compatible with the existing surrounding development. This project will follow the Buck Creek PUD by reducing the massing along Nottingham Road and present a frontage that is in scale with the neighboring development. The MC zone will allow a building that is slightly taller than what the Buck Creek PUD caps the project at, but the planned building footprint will fall in the same location that the fire station was planned for and will set back off of Nottingham Road as required. The location of the building may place the narrowest side along Nottingham Road, and there is an opportunity to step back the upper levels to reduce massing. • Development intensity and activity should diminish when traveling north on Buck Creek Road. Per the Buck Creek PUD the most intense land uses, this development and the future fire station, will be located along the Nottingham Road and Buck Creek Road/Swift Gulch Road intersections. With this rezone, the land use planning will not change that configuration and will honor the goal of the intensity of the overall development diminishing north along Buck Creek Road. Conformity with the Town of Avon Comprehensive Plan Goals Goal C.1. - Provide a balance of land uses that offers a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities, working in concert to strengthen Avon's identity as both a year- round residential community and as a commercial, tourism and economic center. The addition of a medical office use will provide a convenient location for high quality outpatient care to the community. Avon residents will no longer need to leave the community for primary care, specialty care, urgent care, diagnostic testing and diagnostic imaging. A medical office can be used year round and provide an essential service to both residence and visitors. The facility will also generate new jobs in Avon. The physicians and NexCore Page 15 GROUP February 6, 2015 staff members can be expected to spend money at local merchants, adding to community's economic activity. The proposed development is also expected to generate significant tax revenues for the schools, Eagle County and the Town of Avon. These tax revenues are typically higher than what could be expected from multi-familty residential development under the current PUD zoning. Goal C.1.2 - Ensure each development contributes to a healthy jobs/housing balance in the Town and surrounding area. The proposed medical office development will provide an employment opportunity for both existing and future residents of Avon. The location balances with the proposed residences planned for the remainder of the Buck Creek PUD planning area. Goal C.1.6 - Include sufficient land for public uses such as schools, recreation, community facilities (such as childcare), and government services near the people who use them. The proposed medical office building will serve the majority of the Avon community. Goal D.1.1- Encourage creative, forward thinking development consistent with adopted plans. The planned medical office building use is a forward thinking service opportunity to Avon that benefits the public. This type of development upholds numerous town goals and policies from adopted plans for the benefit the community. Goal D.2 - Create community gateways and streetscapes that reflect and strengthen Avon's unique community character and image. The proposed medical office building along with the fire station on the adjacent parcel will become a landmark for the immediate neighborhood and serve as a gateway to Nottingham Road. The medical office facility will contribute a high quality aesthetic to the Nottingham Road corridor. The proposed site for the medical office building is visible from 1-70, and the new medical facility will be an appealing addition to Avon. Goal H.3.4 - Ensure outdoor lighting does not create undesirable light pollution and complies with the "Dark Sky Ordinance". Revisit the ordinance as needed to ensure it is achieving the desired goals. The proposed development within the site will comply with the "Dark Sky Ordinance". (c) Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code; The Applicant's Development Plan submittal will comply with the Development Code and the applicable state and federal regulations authorizing the Code. The proposed use will also comply with all applicable state and federal regulations. NexCore Page 16 GROUP February 6, 2015 (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; The Applicant's Transportation Study indicates that the rezoning and eventual development of Lot 1A will not cause traffic congestion nor degrade level of service on Avon roadways to an unreasonable degree. The Applicant addresses traffic in items 6, 9, and 11, below. The Applicant's proposed development plan will adequately address the effective coordination of pedestrian and vehicular transportation in a manner that is attractive aesthetically. (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; The proposed rezoning of Lot 1A will not hinder the promotion of adequate light, air, landscaping and open space. Rezoning of Lot 1A to the MC District will assist the Town of Avon in avoiding undue concentration or sprawl of population. The Applicant's Development Plan submittal indicates compliance with Development Code requirements in connection with light, air, landscaping and open space. (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; Moving from a PUD to a specific zone district classification fosters a planned and orderly use of land. The rezoning of Lot 1A will encourage a high quality of life by bringing additional high quality medical professionals and health care services to the Town of Avon. The Applicant's Development Plan will meet Town of Avon standards for environmental protection, as required by the Development Code. (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; The proposed rezoning to MC enables the Applicant to improve the access to high quality healthcare for the residents of the Town of Avon. This enhancement of medical services in the Town can be developed efficiently and without degrading levels of government services to residents. The results of applicant's studies of traffic, water consumption and sewage treatment all indicate that the rezoning will not result in undue strain on government services and facilities. NexCore Page 17 GROUP February 6, 2015 C; (h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; Applicant's rezoning of Lot 1A and its related plan for developing the site pose no increase in risk due to natural hazards. The civil engineering associated with the development plan is intended to minimize the risks to people, structures, and public infrastructure described herein. (i) Achieve or exceed federal clean air standards; Applicant's development plan is expected to meet or exceed federal clean air standards. (j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; Applicant's development plan will incorporate the necessary features to maintain the existing watershed and mitigate adverse consequences of stormwater runoff. The stormwater will be treated for water quality before discharge into Buck Creek. (k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist -based economy and preserve property values; The proposed rezoning to MC, and the eventual development of the proposed medical office building, would provide a beneficial service to residents and tourists in need of convenient, accessible health care. Development of Lot 1A will not impair scenic beauty, or consume areas of historical or archeological importance. (1) Promote architectural design which is compatible, functional, practical and complimentary checking to Avon's sub -alpine environment; Applicant's rezoning application will enable the development of a medical office facility to provide outpatient healthcare services in lieu of the current PLID's rights to develop 11 units of multi -family residential (town houses). The architecture of Applicant's development plan and design solution will be sensitive to the context of the immediate environs and the larger Avon community. Materials will be of a quality to last within the existing environment and chosen based on the influences from the immediate contect of the natural area and visual connection to the Avon Community. NexCore Page 18 GROUP February 6, 2015 (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; The Applicant understands the objectives of efficiency in engineering and design, and is experienced in developing healthcare facilities that reduce waste and are environmentally responsible. (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy; Applicant's proposed rezoning and related development of a medical office building will create a work environment for several well -paying jobs. Although the proposed development does not contribute to the supply of residential units, the medical office building will serve a wide range of life stages for current and future residents and visitors. The medical office facility will be in close proximity to a variety of housing types, some of which are deed -restricted units. (o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in investment expectations; and The Applicant develops only high quality healthcare real estate assets. Applicant expects to comply with all applicable codes and regulations as it rezones and develops Lot 1A. (p) Promote the health, safety and welfare of the Avon community. The rezoning of Lot 1A to MC, and the subsequent development of a medical office building on the site, will provide convenient access to high quality medical professionals and outpatient healthcare services. These professionals and services are intended to promote the health and welfare of the community. The development plan will be designed and implemented in a way that contributes to a safe community environment for patients, visitors, staff, pedestrians and vehicular transportation. (2) Consistency with the Avon Comprehensive Plan. The Applicant is requesting an amendment to the Comprehensive Plan to align with the requested zone district, Mixed Use Commercial District (MC). Aligning the Comprehensive Plan and the zone district makes sense for several reasons. The Applicant's proposed use will provide a high quality outpatient medical facility that will be a major community benefit. The medical office use creates jobs and spurs additional economic activity in Avon. Furthermore the MC zoning designation allows for more diversity in land uses and provides NexCore Page 19 GROUP February 6, 2015 for better opportunities to balances the jobs to housing ratio. The MC district also provides greater opportunity to create a lively, pedestrian -oriented type of development. District 13: Nottingham Road Commercial District "This area's proximity to the 1-70/Avon Road Interchange establishes its importance to the Town's identity. Development and redevelopment that occurs here should reflect the standards in the Town Center, but should not compete with the Town Center in terms of size of buildings or intensity of development." The Applicant respectfully submits that the MC zone district designation is a more sensible approach to reflecting the standards in the Town Center, without competing with Town Center in terms of size of buildings or development intensity. Planning Principles: • Limit access points on Nottingham Road to simplify traffic movements. This project is planned to have one entrance to the development from Nottingham Road. This is also consistent with the approved Buck Creek PUD. • Require landscape setbacks and internal landscaping of parking lots Following the Buck Creek PUD, and the MC Proposed Zone, Parcel 1A will respect the natural features of the site and provide at a minimum 20% of open space / landscaping, following code for any future development. • Screen all equipment and storage areas from view. The use of an underground parking structure and the natural terrain of the site will allow the proposed development to screen all equipment and storage areas from view. This will be demonstrated further in the development plan. • Limit building heights to that which is compatible with the existing surrounding development. This project will follow the Buck Creek PUD by reducing the massing along Nottingham Road and by presenting a frontage that is in scale with the neighboring development. The MC zone will allow a building that is slightly taller than what the Buck Creek PUD permits, but the planned building footprint will fall in the same location where the fire station was previously planned, and will set back from Nottingham Road as required. The location of the building is anticipated to place the narrowest side along Nottingham Road, and there is an opportunity to step back the upper levels to reduce massing. NexCoe Page 110 UFebruary 6, 2015 • Development intensity and activity should diminish when traveling north on Buck Creek Road. Per the Buck Creek PUD the most intense uses, which would be the medical office development and the future fire station, will be located along the Nottingham Road and Buck Creek Road/Swift Gulch Road intersections. With this rezone, the land use planning will not change that configuration and will honor the goal of the intensity of the overall development diminishing north along Buck Creek Road. Conformity with the Town of Avon Plan Goals Goal C.I. - Provide a balance of land uses that offers a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities, working in concert to strengthen Avon's identity as both a year- round residential community and as a commercial, tourism and economic center. The addition of a medical office use will provide a convenient location for high quality outpatient care to the community. A medical office can be used year round and provide an essential service to both residence and visitors. The facility will also generate new jobs. Goal C.1.2 - Ensure each development contributes to a healthy jobs/housing balance in the Town and surrounding area. The proposed medical office development will provide an employment opportunity for both existing and future residents of Avon. The location balances with the proposed residences planned for the remainder of the Buck Creek PUD planning area. Goal C.1.6 - Include sufficient land for public uses such as schools, recreation, community facilities (such as childcare), and government services near the people who use them. The proposed medical office building will serve the majority of the Avon community. Goal D.1.1- Encourage creative, forward thinking development consistent with adopted plans. The planned medical office building use is a forward -thinking development that provides increased convenience for Avon residents seeking healthcare services. This type of development upholds the town's goals and policies for the benefit the community. Goal D.2 - Create community gateways and streetscapes that reflect and strengthen Avon's unique community character and image. The proposed medical office building along with the fire station on the adjacent parcel will become a landmark for the immediate neighborhood and serve as a gateway to Nottingham Road. NexCore Page 1 11 GROUP February 6, 2015 Goal H.3.4 - Ensure outdoor lighting does not create undesirable light pollution and complies with the "Dark Sky Ordinance". Revisit the ordinance as needed to ensure it is -achieving the desired goals. The proposed development within the site will comply with the "Dark Sky Ordinance". (3) Physical suitability of the land for the proposed development or subdivision. Lot 1A land is suitable for the proposed development. The development plan satisfies all bulk regulations for the MC use district. All utilities are available proximate to the site for Applicant's proposed use. The Applicant's development plan will show how proposed facility is addressing the typical constraints posed by the site, while still achieving the objectives of the various stakeholders in the entitlment and development process. (4) Compatibility with surrounding land uses. Lots 1A and 1B are bounded by Swift Gulch Road, Nottingham Road and Buck Creek Road. The Fire District and Police Department will be neighboring uses on Lot 1B. The surrounding neighborhood consists of condominiums to the west and south and commercial businesses to the east and south. The land uses in the surrounding area are a mix of multi -family residential in condominium or townhouse development and service retail, including food service and gas stations, automotive repair. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned. The character of the area will remain the same with the rezoning. The current character is a mix of residential alpine architecture and commercial businesses. (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development. The existing PUD for Lots 1A and 1B has approved 11 units of multi -family residential and the Fire District and Administration facility. The Fire/Administration facility is moving to Lot 16. Medical office is taking the place of multi -family in the existing zoning. Medical office use is a less intensive use with respect to water consumption, wastewater service, schools, library, parks, and recreation than multi -family residential. The Town has adequate facilities to serve the proposed development without diminishing service to existing developments. The roadways can handle the traffic as indicated in the Traffic Study, while maintaining satisfactory levels of service. The ERW&SD has the capacity to handle the water and wastewater requirements. The Town has sufficient capacity to NexCore Page 12 GROUP February 6, 2015 handle any additional emergency service calls that might result from providing outpatient services in the medical office building on Lot 1A. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district. The purpose of the proposed zoning district, MC -Mixed Use Commercial is as follows: "Mixed -Use Commercial (MC): The MC district is established to group and link places used for working, shopping, educating and recreating with residential uses, thereby creating a compact community form. This district allows commercial, office, civic, townhouse and apartment uses and, along with Neighborhood Commercial, is the preferred district and development type in Avon. The mostly vertical mix of uses will reduce vehicle trips, relieve traffic congestion and provide an urbanized, pedestrian environment. MC implements the mixed-use land use classification of the Avon Future Land Use Plan and should be located adjacent to the Town Center as a transitional district." The rezoning of Lot 1A as an MC district is consistent with the stated purpose of the proposed district in that it will serve to link the outpatient healthcare with nearby residential uses, creating the compact community form that the is the intent of Town of Avon planners. (8) That compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife and vegetation, or such impacts will be substantially mitigated. The rezoning is unlikely to result in adverse impacts upon the natural environment when compared to the multi -family use. The development plan will incorporate commercially reasonable measures to mitigate adverse impacts on the natural environment. (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract. Having accessible, convenient, high quality medical services in the Town of Avon is beneficial to Avon residents. The proposed rezoning and related development plan are not likely to result in any adverse impacts to other properties in the vicinity of the proposed rezoning. If any impacts were deemed to be adverse, these are unlikely to to be significant. Traffic and site lighting have been considered to identify any possible adverse effects on other property in the vicinity of the subject tract. According to Applicant's updated Transportation Study, Applicant's land use will not cause a reduction in the level of service on roadways and intersections during peak traffic demands. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD. NexCore Page 113 GROUP February 6, 2015 Not applicable because this request is to rezone the property from PUD to Mixed Use Commercial. (11) Adequate mitigation is required for rezoning applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. The proposed rezoning is expected to result in less intensive land use as it relates to government services and infrastructure. The Applicant anticipates that rezoning to permit medical office use will result in less demand on water and sewer services, schools, library, parks, and recreation. The Applicant anticipates that further analysis of the demands on public facilities and infrastructure will be part of the Major Development Plan Approval process. The proposed rezoning will permit, however, a building of greater height than permitted in the comparable PUD. The MC zoning permits a building height of 60 feet, which is a greater height than the PUD height for multi -family residential (townhomes) of 42 feet. The gross building area of the planned medical use is 44,881 GSF, which is greater than the 29,700 GSF approved in the PUD for multi -family residential use. Peak traffic demand of the medical office use may be of greater intensity than the multi- family residential use, but the Applicant expects to demonstrate during the Major Development Plan approval process that, based on updated traffic studies, the subject roadways will operate satisfactorily. NexCore Page 114 GROUP February 6, 2015 Application for an Amendment to the Town of Avon Comprehensive Plan Avon MOB LLC (the "Applicant") is proposing an amendment to the Avon Comprehensive Plan (the "Plan"). The proposed amendment would change the Plan maps to indicate the change in land use from Neighborhood Commercial ("NC") to Mixed -Use Commercial ("MC") for Parcel 1A, Buck Creek PUD. The Applicant understands that the PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the Avon Comprehensive Development Plan: 1. The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; Lots 1A and 1B are bounded by Swift Gulch Road, Nottingham Road and Buck Creek Road. The Fire District and Police Department will be neighboring uses on Lot 1B. The surrounding neighborhood consists of condominiums to the west and south and commercial businesses to the east and south. The land uses in the surrounding area are a mix of multi -family residential in condominium or townhouse development and service retail, including food service and gas stations, automotive repair. 2. Transportation services and infrastructure have adequate current capacity or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; Any increase in potential traffic demands due to the proposed change from the existing NC to MC would be expected to be satisfactorily addressed by current capacity or planned capacity of Avon roadways. The effects on traffic demand of any future development on the subject site would be studied by updating existing traffic studies. 3. Public services and facilities have adequate current capacity or planned capacity to serve the land use proposed in the plan amendment; Any increase in potential demands on public services and facilities due to the proposed change from the existing NC to MC would be expected to be satisfactorily addressed by current capacity or planned capacity of those public service providers. The anticipated result of the change from NC to MC would be that medical office use would replace multi- family use at the subject property. The Applicant anticipates that the adequacy of public facilities and services will be evaluated during the process of the approval of a Major Development Plan for the subject site. 4. The proposed land use in the plan amendment will result in abetter location or form of development for the Town, even if the current plan designation is still considered appropriate; Medical office use is a better form of development than multi -family residential. The project brings needed healthcare services to the Town of Avon. NexCore Page 12 GROUP February 6, 2015 5. Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; Strict adherence to the current plan would prevent the development of a project that brings to Avon greater access to convenient, high quality healthcare services, which would be an unintended result of maintaining rigid compliance with the current plan. 6. The proposed plan amendment will promote the purposes stated in this Development Code; The rezoning of Lot 1A as an MC district is consistent with the stated purpose of the proposed district in that it will serve to link the outpatient healthcare with nearby residential uses, creating the compact community form that the is the intent of Town of Avon planners. 7. The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. The rezoning of Lot 1A to MC, and the subsequent development of a medical office building on the site, will provide convenient access to high quality medical professionals and outpatient healthcare services. These professionals and services are intended to promote the health and welfare of the community. The development plan will be designed and implemented in a way that maintains or contributes to the health, safety or welfare of the Avon Community, and provides for a safe community environment for patients, visitors, staff, pedestrians and vehicular transportation. The proposed plan amendment will consistent with the general goals and policies of the Avon Comprehensive Plan, as described herein: The proposed rezoning is compatible with the Avon Comprehensive Plan and other applicable planning documents of the Town, as described herein: District 13: Nottingham Road Commercial District This area's proximity to the 1-70/Avon Road Interchange establishes its importance to the Town's identity. Development and redevelopment that occurs here should reflect the standards in the Town Center, but should not compete with the Town Center in terms of size of buildings or intensity of development. Concurrently with this application to amend the Comprehensive Plan the Applicant is also submitting a rezoning submittal for Lot 1A so that zoning district and Comprehensive Plan are conforming and harmonious. The requested changes in designation of the zoning district and Comprehensive Plan for Lot 1A make sense because the goals, objectives and policies of the NexCore Page 13 GROUP February 6, 2015 Town of Avon planning and zoning criteria are substantially achieved at this stage of the entitlements process for a much needed healthcare facility for the Avon community. The requested zoning district follows surrounding zone districts. Neighborhood Commercial district exist to the east and south. Low Density Residential district exists to the west of Buck Creek Road. The MC district allows for a blend of commercial and residential properties, and this classification would enable future development on the site to be remodeled or repurposed without rezoning. The Applicant will also be submitting a Major Development Plan application as part of the process of obtaining the required approvals from the Town of Avon. During the process of development plan approval, the Town of Avon will also be reviewing the project to ensure that it satisfactorily harmonizes the objectives of the Town and the Applicant. Planning Principles: • Limit access points on Nottingham Road to simplify traffic movements. This project is planned to have only one point of vehicular access and egress to the development from and onto Nottingham Road to serve the parking garage for employees. A second (primary) access shall occur at the existing site access road (Walking Mountain Lane), and this access point will be designated for patients. This also is consistent with the Buck Creek PUD. • Require landscape setbacks and internal landscaping of parking lots Following the Buck Creek PUD, and the MC Proposed Zone, Parcel 1A will respect the natural features of the site and provide at a minimum 20% of open space / landscaping, following code for any future development. • Screen all equipment and storage areas from view. The use of an underground parking structure and the natural terrain of the site will allow the proposed development to screen all equipment and storage areas from view. This will be demonstrated further in the development plan. • Limit building heights to that which is compatible with the existing surrounding development. This project will follow the Buck Creek PUD by reducing the massing along Nottingham Road and present a frontage that is in scale with the neighboring development. The MC zone will allow a building that is slightly taller than what the Buck Creek PUD caps the project at, but the planned building footprint will fall in the same location that the fire station was planned for, and will set back from Nottingham Road as required. The location of the building may place the narrowest side along Nottingham Road, and there is an opportunity to step back the upper levels to reduce massing. NexCore Page 14 GROUP February 6, 2015 0 • Development intensity and activity should diminish when traveling north on Buck Creek Road. Per the Buck Creek PUD the most intense uses, this development and the future fire station, will be located along the Nottingham Road and Buck Creek Road/Swift Gulch Road intersections. With this amendment, the land use planning will not change that configuration and will honor the goal of the intensity of the overall development diminishing north along Buck Creek Road. Conformity with the Town of Avon Plan Goals Goal C.I. - Provide a balance of land uses that offers a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities, working in concert to strengthen Avon's identity as both a year- round residential community and as a commercial, tourism and economic center. The addition of a medical office use will provide a convenient location for high quality outpatient care to the community. A medical office can be used year round and provide an essential service to both residence and visitors. The facility will also generate new jobs. Goal C.1.2 - Ensure each development contributes to a healthy jobs/housing balance in the Town and surrounding area. The proposed medical office development will provide an employment opportunity for both existing and future residents of Avon. The location balances with the proposed residences planned for the remainder of the Buck Creek PUD planning area. Goal C.1.6 - Include sufficient land for public uses such as schools, recreation, community facilities (such as childcare), and government services near the people who use them. The proposed medical office building will serve the majority of the Avon community. Goal D.1.1- Encourage creative, forward thinking development consistent with adopted plans. The proposed amendment would encourage development consistent with the adopted plans of the Town of Avon. The planned medical office building use is a forward thinking opportunity to bring high quality healthcare services to the community, and can be viewed as a benefit the overall health and convenience of the community. Goal D.2 - Create community gateways and streetscapes that reflect and strengthen Avon's unique community character and image. C11 NexCore Page 5 GROUP February 6, 2015 The proposed medical office building along with the fire station on the adjacent parcel will become a landmark for the immediate neighborhood and serve as a gateway to Nottingham Road. Goal H.3.4 - Ensure outdoor lighting does not create undesirable light pollution and complies with the "Dark Sky Ordinance". Revisit the ordinance as needed to ensure it is achieving the desired goals. The proposed development within the site will comply with the "Dark Sky Ordinance". NexCore Page 6 GROUP February 6, 2015 Staff Report - Rezoning & Comp Plan Amendment A March 17, 2015 Planning & Zoning Commission Meeting .4vo n COLORADO Report date March 12, 2015 Project type Case #REZ15002 & #CPA15002 Legal description Lot 1B, Buck Creek PUD Current Zoning PUD Proposed Zoning Public Facilities (PF) Address 6o Walking Mountains Lane / 33 Swift Gulch Road Prepared By Matt Pielsticker, AICP Introduction The Applicant, Eagle River Fire Protection District ("ERFPD"), with permission from the Owner, Buck Creek Associates, has submitted a Rezoning application and concurrent Comprehensive Plan Amendment application (collectively the "Application"). The request is being reviewed concurrently with a Rezoning and Comprehensive Plan Amendment for the neighboring Lot 1A property. The Application proposes to rezone Lot 113, Buck Creek, from Planned Unit Development to the Public Facilities ("PF") zone district. Currently, the property is zoned for a maximum density of eleven (11) residential townhomes. The proposed PF zone district would allow for the future development of the site as a police/fire public safety facility, along with other uses enumerated in Table 7.24-1, Allowed Uses, Avon Development Code. The Planning and Zoning Commission ("PZC") will review the Application and conduct a public hearing on March 17, 2015. After reviewing the Application materials, Staff's analysis, and considering public input, the PZC will forward a recommendation to the Town Council for action. Avon Town Council will make the final determination on the Application after additional public hearings. Process The review process requires a noticed public hearing with PZC. After conducting a public hearing, PZC will forward a recommendation to Town Council. Subsequently, final action is taken on the Application by Town Council after conducting public hearings and action by Ordinance. Pursuant to Section 7.16.02o(b)(4), Concurrent Review, Avon Development Code, the zoning and Comprehensive Plan applications for Lot 1A and Lot 1B are being reviewed simultaneously. Background Originally, the property was platted as Lots 5, 52A and 52B, Block 1, Benchmark at Beaver Creek Subdivision and zoned Specially Planned Area (SPA). In 1985, the property was replatted as Lots 1, 2, 3 and 4 of the Wildwood Resort Subdivision through Ordinance 85-4. The SPA had entitlements for a iso -unit hotel, motel and/or lodge (accommodation) units, together with March 17, 2015 PZC Meeting- Lot 1B Buck Creek PUD Rezoning & Comprehensive Plan Amendment accessory uses and related commercial uses. Previous applications proposed between 4 and 6 stories of height with significant surface parking. Lots further to the north of the property were zoned for 5o residential multi -family units and "private park and recreation and related commercial uses including a clubhouse building for indoor and outdoor sports activities and customary support facilities, swimming pools, tennis courts, archery range, restaurant, pro shop and other similar activities or services." Today, the property is platted as Lot 1B as part of the Buck Creek PUD approved by Town Council in 2009. Zoning for the property was established with Council's approval of Ordinance 09-08 on August 11, 2009. The PUD and Development Plan establish the land use and development standards for the property including but not limited to allowed uses, parking standards, setbacks and density. Lot 1B is currently entitled for public use including a fire station, fire district facilities, administrative functions, offices and employee housing units. Property Description Lot 1B is accessed from Walking Mountains Lane, a road constructed during the initial phase of the Buck Creek PUD which included the construction of the Walking Mountains Science Center. The property is located adjacent to Buck Creek Road, immediately north of Lot 1A and is accessed by "private driveway" per the Buck Creek PUD — meaning the road is not required to meet Avon Development Code requirements. The lot contains 2.125 acres and the topography is moderately disturbed from natural grade with utility work and over lot grading. The property contains several development limitations including the Buck Creek stream, mature vegetation surrounding Buck Creek, wetlands, electric lines, and steep topography characterizing the property's eastern boundary. Additionally, several existing platted easements further limit development opportunities including but not limited to the Nottingham-Puder Ditch Easement. Application Summary The proposal is to modify the Town's Zoning Map for Lot 1B, Buck Creek PUD. This Application is being reviewed concurrently with an Application to amend the zoning and development rights for Lot 1A, Buck Creek PUD. Currently, Lot 1A is zoned PUD for a Fire Station with supporting office, administration, training, and employee housing units. Lot 1B is currently a zoned PUD for 11 Dwelling Units with Single - Family, Duplex, and/or Triplex building types. , This application will change Lot 1B to the Public - 1 Facilities (PF) zone district, thereby supporting a joint police and fire station, with supporting and ! y incidental uses. The Buck Creek PUD shows conceptual building footprints which are "schematic, but serve to illustrate the intent of the development plan." r' March 17, 2015 PZC Meeting- Lot 1B Buck Creek PUD Rezoning & Comprehensive Plan Amendment The PUD plan shows a cluster of three triplexes and one duplex, all served by a private driveway in a loop design. The conceptual development location and layout demonstrates the constraints of the platted easements on the eastern part of the property, as well as riparian constraints bordering the north property line. Concurrent with the rezoning application, the applicant is requesting to change the Future Land Use Plan designation from Neighborhood Commercial to "Civic/Public" to more accurately reflect the PF zoning category and envisioned mix of uses for the site. Land Use Summary Table The following table includes both the current and proposed zoning standards: March 17, 2015 PZC Meeting- Lot 1B Buck Creek PUD 3 Rezoning & Comprehensive Plan Amendment ■■•■• Buck Creek PUD PF Zone Community Centers, Library, Allowed Uses Residential Dwelling Units (including single family, duplex and triplex Government Services, offices townhomes) and facilities, Schools, Transportation facilities, Medical, Recycling Center Special Review Home Occupation Preschool, Small wind energy, Uses wireless communication towers, Construction businesses Density 11 Dwelling Units Maximum n/a Building Height Forty Two (42) Feet *Forty (4o) Feet Setbacks Front: twenty-five (25) feet *Front: twenty (20) feet Side: seven and one half (7.5) feet *Side: twenty (zo) feet Rear: ten (1o) feet *Rear: twenty (zo) feet Building Fifty Percent (50%) Sixty Percent (6o%) Coverage Minimum Twenty -Five Percent (25%) N/A Landscaped Area Other Maximum Dwelling Unit Size: Maximum Lot Coverage: Restrictions 2,7oo square feet. *Sixty (6o%) percent No more than 3 Dwelling Units per Building - • . . . - - ■701=497W -we ■ -■ �.. March 17, 2015 PZC Meeting- Lot 1B Buck Creek PUD 3 Rezoning & Comprehensive Plan Amendment Rezoning Review Criteria Analysis As outlined In Sec. 7 20 o8o(e), the Purpose of the Public Facilities District is as follows: "The PF district is intended to provide sites for public uses such as community centers, police and fire stations, and governmental facilities. The uses permitted in this district are identified by location in the Avon Comprehensive Plan." The review process and review criteria for zoning amendments are governed by AMC §7.16.05o, Rezonings. The PZC. shall use the criteria below as the basis for a recommendation on the Rezoning portion of the application. Staff responses to each review criteria are provided. (i) Evidence of substantial compliance with the purpose of the Development Code; Staff Response: The Application and proposed land uses appear to be in substantial compliance with the purpose of the Development Code. Specifically, the Application provides for phased development of government services; and providing economical and high quality public services and facilities. Section 7.04.030(g) states the following purpose appropriate to the Application: "Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space, and medical facilities." The Rezoning will provide for the orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in Town. This application would provide for quality public services and facilities in a central location accessible to existing developed and future planned areas including the Village at Avon. (2) Consistency with the Avon Comprehensive Plan; Staff Response: The rezoning application, with corresponding Comprehensive Plan Amendment, will provide consistency with the Comprehensive Plan and supporting documents. The existing/future land use maps contained in the Comprehensive Plan are outdated and neither reflects the current Buck Creek PUD approval or the envisioned joint public safety facility. The Planning Principles for the Nottingham Road Commercial District are maintained with the rezoning, and will be further evaluated with a Development Plan application. (3) Physical suitability of the land for the proposed development or subdivision; March 17, 2015 PZC Meeting- Lot 1B Buck Creek PUD 4 Rezoning & Comprehensive Plan Amendment Staff Response: The "buildable area" of the site accommodates the initial development concept. The western and southern portions of the property were graded out when the Buck Creek PUD (and subdivision) was initially developed. These initial improvements, and the planning work completed by the applicant for Lot 1A demonstrate the suitability of Lot iB for a joint public safety project. Aside from the platted easements, riparian setbacks, and building setbacks, the land appears to be suitable for the proposed development concept. (4) Compatibility with surrounding land uses; Staff Response: The area surrounding the southern portions of the Buck Creek PUD (including Lot iA and Lot iB) are generally a mix of highway oriented commercial, neighborhood commercial, residential, and open space land uses. Moving the planned public safety building from Lot iA to Lot iB should not create any further impacts to adjacent surrounding land uses described above, or to future uses in the PUD including Townhomes on Lot z, and a Montessori School, day care, and office uses on Lot 5. Medical land uses planned for Lot 1A are compatible with public safety operations - health and safety uses are well-suited in close proximity. Lot z of the Buck Creek PUD is zoned for additional multi -family development; natural and visual separation between the two zones of the PUD can best be appreciated by visiting the properties with a site visit. The development pattern notably shifts to lower density/intensity traveling north on Walking Mountains Lane after turning off the access road from Buck Creek Road. Several mature trees and undergrowth that form the Buck Creek riparian environment provide further natural and visual buffers. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned Staff Response: The primary responsibility of the fire department is the delivery of fire and rescue services. To provide effective service, crews must respond in a minimum amount of time and with sufficient resources. Time is the critical element for police and fire when an emergency is reported. In both cases, a central location with easy access to arterial roadways in a location such as Buck Creek is justified over existing locations in the Town Center. The conditions surrounding the existing police and fire locations on Town Property (Tract G) have evolved over the past 15 years. Recently there have been a significant increase in the development of accommodate and short term rental units in the Town Center with lodging projects such as the Wyndham, Timeshare West, and Westin. These projects bring more guests to the heart of Avon who are less aware of their surroundings and intermittent emergency responders that must navigate the slower roadways. March 17, 2015 PZC Meeting- Lot 1B Buck Creek PUD 5 Rezoning & Comprehensive Plan Amendment (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; Staff Response: The type and scope of the project can be supported by existing infrastructure. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district(s); Staff Response: The Public Facilities (PF) zone district is well suited for a joint public safety facility. The PF district is "intended to provide sites for public uses such as community centers, police and fire stations, and governmental facilities." (8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; Staff Response: Public safety development on the property will not result in adverse impacts to the natural environment. The riparian corridor of Buck Creek with associated cottonwood trees and wetlands will not be impaired by future development. Any impacts to the natural environment must be mitigated per the Avon Development Code and Natural Resource Protection standards (Sec. 7.28.1oo). Some level of intermittent noise could be experienced with future development of police/fire operations; these impacts should not be any more adverse than those which could be experienced with similar development on Lot iA. (g) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Staff Response: No significant impacts to other properties in the vicinity are envisioned with a PF land use designation. As mentioned, intermittent noise impacts in connection with fire truck sirens are anticipated, but these types of impacts will not be any greater than those already inherent with the facility location on Lot iA. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and, Staff Response: The Application is a rezoning and would remove the property (properties including Lot iA) from the Buck Creek PUD and into a codified zone district classification subject to all Avon Development Code regulations; therefore, this criteria does not apply. March 17, 2015 PZC Meeting- Lot 1B Buck Creek PUD 6 Rezoning & Comprehensive Plan Amendment (11) Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. Staff Response: Mitigation measures will be reviewed in detail when a development plan is developed for joint police and fire operations. Comprehensive Plan Amendment Analysis Lot 1B is designated as `Neighborhood Commercial' in the existing and future land use maps contained in the Comprehensive Plan. According to the Comprehensive Plan "these areas are intended to provide neighborhood -focused retail and service uses (such as markets, childcare, restaurants, and cafes) that are conveniently located near and connected with surrounding residential neighborhoods." The existing and future land maps do not accurately represent the current Buck Creek PUD zoning or the land use envisioned with the Application; therefore, this amendment will result in a more accurate designation. The property is within the Nottingham Road Commercial District, which is a medium priority district. According to the Comprehensive Plan, "This area's proximity to the 1-70/Avon Road Interchange establishes its importance to the Town's identity. Development and redevelopment that occurs here should reflect the standards in the Town Center, but should not compete with the Town Center in terms of size of buildings or intensity of development." Plann_i_ng_Principl_es • Limit access points on Nottingham Road to simplify traffic movements • Require landscape setbacks and internal landscaping of parking lots • Screen all equipment and storage from view • Limit building heights to that which is compatible with the existing surrounding development • Development intensity and activity should diminish when traveling north on Buck Creek Road The Application adheres to the planning principles of the Nottingham Road Commercial District, and maintains the intent of diminishing intensity in the district from south to north on Buck Creek Road. All landscaping and screening standards of the Avon Development Code would be in effect and applicable to future development. The allowable building height of 40' appears to be compatible with existing surrounding development. In terms of development type and intensity, joint public safety uses would be compatible with other commercial uses in the vicinity and not competing directly with other Town Center development. Freeing the current locations on Tract G at Nottingham Park for other uses can be viewed as a benefit to this relocation. The geographic location near the main Avon exit off Interstate 70 is strategic, with direct access to the main arterial roads and outlying neighborhoods of the Town. March 17, 2015 PZC Meeting- Lot 1B Buck Creek PUD 7 Rezoning & Comprehensive Plan Amendment Comprehensive Plan Amendment Review Criteria Analysis The review process and review criteria for Comprehensive Plan amendments are governed by AMC §7.16.030, Comprehensive Plan Amendment. PZC shall use the criteria below as the basis for a recommendation on the Comprehensive Plan amendment portion of the Application. Staff responses are provided to each review criteria. (i)The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; Staff Response: The land use provides an essential public benefit in the form of a joint police/fire public safety facility. The surrounding area is a mix of commercial, residential, educational, and open space land uses. Currently the fire and supporting uses are entitled on Lot iA; shifting these uses to the north (with additional access off Swift Gulch Road instead of Nottingham Road), and co -locating with the essential services of the Avon Police Department, will provide for a compatible mix of uses. There appears to be synergy between emergency response operations and neighboring proposed medical uses. (z) Transportation services and infrastructure have adequate current capacity or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; Staff Response: A future potential transit stop is accommodated immediately to the north of the site off the Swift Gulch access point. Whether or not this potential transit stop was developed depends on demand and future route planning. The Transportation Plan also calls out a possible trail connection bordering the east property line through the Nottingham Puder ditch easement to connect Swift Gulch Road with the Walking Mountains Science school and Buck Creek trail. After initial site studies it does not appear that development would impact this trail connection due to existing utilities and easements on that portion of the property. (3) Public services and facilities have adequate current capacity or planned capacity to serve the land use proposed in the plan amendment; Staff Response: There is adequate current capacity to serve the joint public safety facility. Some of the essential utilities and facilities that serve the property will be relocated with the initial construction of a medical office building on Lot 1A. (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; March 17, 2015 PZC Meeting- Lot 1B Buck Creek PUD 8 Rezoning & Comprehensive Plan Amendment Staff Response: The Comprehensive Plan designation of Neighborhood Commercial is inaccurate as it relates to both the current Buck Creek PUD and planned uses on the property. It appears that the Neighborhood Commercial designation originates from the Wildwood Resort Specially Planned Area, which included 150 unit hotel and supporting `neighborhood commercial' uses. As articulated in the Application, emergency service personnel must currently navigate stop signs and roundabouts in order to respond to emergency calls. Lot 1B provides a better location for emergency responders for the Town of Avon and neighboring call locations, with less pedestrian interaction and crossing points. (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; Staff Response: The current plan reflects Neighborhood Commercial land uses. Accordingly, strict adherence to the current plan would preclude the ability to locate emergency service responders on the site and better serve the community needs. (6) The proposed plan amendment will promote the purposes stated in this Development Code; Staff Response: The corresponding Comprehensive Plan amendment will promote the purposes of the Avon Development Code, with a direct relationship to 7.04.03o(g), as follows: "(g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space, and medical facilities." The Application provides for the phased and coordinated development of government services and facilities. The development of a joint public safety facility promotes efficiencies in cooperation and coordination as well as the operational efficiencies through shared space. Fixed costs could be spread out for construction and continued operation (i.e. maintenance of common areas) of a joint facility. Lastly, improved response times could achieved for taller buildings by developing a facility to accommodate the ladder truck. (7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. March 17, 2015 PZC Meeting- Lot 1B Buck Creek PUD 9 Rezoning & Comprehensive Plan Amendment Staff Response: The health, safety, and welfare of the Town and Avon Community will be enhanced with consolidated and more closely coordinated emergency response operations. The Avon Comprehensive Plan provides additional support for the Application with the following goals and policies: • Goal A.1: Collaborate with....other agencies to implement the plan and to ensure Avon's needs and goals are being met. • Policy C.1.6: Include sufficient land for public uses such as schools, recreation, community facilities, and government services near the people who use them. • Goad J.z: Ensure cost effective provision and development of public facilities and services. • Policy J.2.1: Coordinate with quasi -jurisdictional agencies regarding service expansions and other development that could affect the achievement of the district goals and objectives. Staff Recommendation Staff recommends approval of the Applications. PZC shall direct Staff to prepare a formal Findings of Fact, Record of Decision, and Recommendation to Council pursuant to Section 7.16.020(f)(3), Findings, to be presented to the Council for final action. Recommended Motions and Findings: ISt Motion: Comprehensive Plan Amendment "I move to recommend Town Council approval of Case #CPA15002, an application to amend the land use designation on the Future Land Use Map for Lot 1B, Buck Creek PUD, together with the findings of fact." The Following Findings May be Applied Should the PZC recommend approval of the Application: 1. The Application was reviewed in accordance with §7.16.030, Comprehensive Plan Amendment, and is in substantial conformance with the review criteria. 2. The surrounding area is compatible with the Civic Public classification and essential services of the Avon Police Department with Fire District mix of uses. 3. The Comprehensive Plan amendment will promote the purposes of the Development Code by providing for the orderly, efficient use of the Property while at the same time conserving the value of the investments of owners of property in Town. 4. The proposed land use in the plan amendment will result in a better location of development for the Town, consistent with the mandatory review criteria, by relocating essential public safety services from property owned by the Town in the Town Center to enable Avon to plan and ruse the sites for other municipal and/or public purposes. 2"d Motion Rezoning "I move to recommend Town Council approval of Case #REZ15002, an application for rezoning of Lot 1B, Buck Creek PUD together with the findings of fact." The Following Findings May be Applied Should the PZC recommend approval of the Application: March 17, 2015 PZC Meeting- Lot 1B Buck Creek PUD 10 Rezoning & Comprehensive Plan Amendment 1. The Application was reviewed in accordance §7.16.05o, Rezonings, Avon Development Code, and is found to be in substantial compliance with the review criteria. 2. The Application is substantially compliant with the purpose of the Development Code by providing for the orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in Town. 3. The land is suitable for development of a joint police and fire public safety facility, without compromising public utilities or services. 4. The joint public safety facility is in compliance with § 7.2o.o8o(e) as the Public Facilities District "is intended to provide sites for public uses such as community centers, police and fire stations, and governmental facilities." Attachments Application Materials Comprehensive Plan Amendment Exhibit March 17, 2015 PZC Meeting- Lot 1B Buck Creek PUD 11 Rezoning & Comprehensive Plan Amendment TOWN OF AVON COMPREHENSIVE PLAN PROPoseoAMENDMENrro LOT 1B -NEIGHBORHOOD COMMERCIAL TO CIVIC/PUBLIC R"yoN moo. � w mno,� �� � Na mmme,.�,� o �...s �v�.. m n aw � ww p,o.,,a ..a,m.�. o ... � �.,. Future Land Use Plan ��, Avon Town of Avon Community Development Department LAND DEVELOPMENT APPLICATION Application.- .,. ✓ Comprehensive Plan Amendment ❑ Administrative PUD Amendment ❑ Appeal ❑ Code Text Amendment ❑ Preliminary PUD ❑ Special Review Use ✓ Rezoning ❑ Final PUD ❑ Variance ❑ Administrative Subdivision ❑ Annexation ❑ Alt. Equivalent Compliance ❑ Minor Subdivision ❑ Minor Development Plan ❑ Right -of -Way Vacation ❑ Major Subdivision — Prelim Plan ❑ Major Development Plan ❑ Vested Property Right ❑ Major Subdivision — Final Plat ❑ Major Development Plan (TC) ❑ Sign Design ❑ Temporary Use Permit ❑ Minor PUD Amendment ❑ Master Sign Program/Amend. ❑ Major PUD Amendment Project ❑ 1041 Regulation Lot 113 Buck Creek PUD: Avon Fire & Police Project Location: Street Address: 60 Walking Mountains Lane Legal Description (Lot, Block, Subdivision): Parcel Number(s): Lot 1B, Buck Creek PUD 2105-014-05-002 Applicant: Name: Eagle River Fire Protection District / Karl Bauer Mailing address: PO Box 7980 city: Avon State: CO ZIP code: 81620 Phone: 970.748.9665 Email: kbauer@eagleriverfire.org PropertyOwner: Name: Buck Creek Associates / c/o Oscar Tang Mailing address: 551 5th Avenue, Floor 33 city: New York State: NY zip code: 101763 DIgRally signed by Karl Bauer Karl Bauer DN: rn=Kari Bauer. o=Eagle R'ver Fi re x Protection District, ou. email=kbauergeaglerlverfire.org, c=US Date: 2015.022617:01:42-07'00' Date: � Z 9 S770 Z -r— FEE PAID ► APPLICATION/CASE #C S'00 DATE RECEIVED i CASE MANAGER One Lake Street — PO Box 975 Avon, CO 81620 www.avon.or AREZONING OFBUCK CREEK PUD DoT 16 on behalf of EAGLE RIVER FIRE PROTECTION DISTRICT Submitted: February 26, 2015 Applicant: Eagle River Fire Protection District 90 Benchmark Road, Suite 101 PO Box 7980 Avon, CO 81620 (970) 748-9665 Current Owner: Buck Creek Associates c/o Oscar Tang 5515 th Ave, Floor 33 New York, NY 101763 Planning: Davis Partnership Architects 2301 Blake Street, Suite 100 Denver, CO 80205 (303) 861-8555 J 41EE COLDRADO wscur Rezoning of Lot 1B, Buck Creek PUD Written Statement SUMMARY The Eagle River Fire Protection District (ERFPD) is applying to modify the Town's Zoning Map for Lot 16, Buck Creek PUD. This Application is being reviewed concurrently with an Application to amend the zoning and development rights for Lot 1A, Buck Creek PUD. Currently, Lot 1A is zoned PUD for a Fire Station with supporting office, administration, training, and employee housing units. That property will be changed to the Mixed Commercial (MC) zone district. Lot 1B is currently zoned PUD for 11 Dwelling Units in Single -Family, Duplex, and/or Triplex arrangements. This application will change Lot 1B to the Public Facilities (PF) zone district, thereby supporting a joint police and fire station, with supporting and incidental uses. The Avon Police Department and ERFPD have been working to consolidate a physical plant for efficiency and improved response times from this key location north of Interstate 70. The property provides quick access to outlying lower density neighborhoods, Interstate access, as well as maintaining proximity to the Town Core and future buildout of the Village at Avon. Pursuant to Section 7.16.020(b)(4), Concurrent Review, Avon Development Code, this application is being reviewed contemporaneously with a Comprehensive Plan Amendment to more accurately reflect the "civic/public" nature of the envisioned joint facility on Lot 1B. This narrative addresses the mandatory review criteria for both applications. 9w Q) to Ct a J P1AS .4vo�. C 0 a, O F A O 0 RESCU'F'� REZONING REVIEW CRITERIA The zone classification of parcels can be changed pursuant to Section 7.16.050, Zoning Amendments, Avon Development Code. The Avon Development Code, Section 7.16.050(c), Review Criteria, requires that the PZC and Town Council consider the following review criteria for a Rezoning Application. Applicant responses are included for your consideration. (1) Evidence of substantial compliance with the purpose of the Development Code; Response: The stated purposes of §7.04, Development Code, AMC, include statements regarding the implementation of the Comprehensive Plan; regulating intensity of use; regulating and determining the area of open spaces; establishing building lines; avoiding increased demands on public services and facilities; providing for phased development of government services; minimizing adverse environmental impacts of development; provide for compatibility with the surrounding area; preservation of natural features; minimize adverse environmental impacts; and promoting sufficient, economical and high quality provision of all public services and public facilities. The Application is substantially compliant with the purpose statements in the Development Code. The Rezoning will provide for the "orderly use" of the Property in relation to the commercial use proposed on Lot 1A, while at the same time conserving the value of the investments of owners of property in Town. This application would provide for high quality, efficiently planned public services and facilities in a central location of Town. (2) Consistency with the Avon Comprehensive Plan; Response: One of the fundamental reasons for implementing the Comprehensive Plan is to clearly communicate where and how land uses may occur and to promote and protect the health, safety, and welfare of the residents and visitors of the Town by using goals and policies that result from a community review process. This Application, with the corresponding Comprehensive Plan amendment to the Future Land Use Map, will help to promote the health, safety, and welfare of the Town and its residents. The Comprehensive Plan Amendment will more accurately designate the property as "civic/public" Thereby supporting public safety with the combined fire and police facility. The Application conforms with the principal Land Use Goal (Goal C.1) which is to "provide a balance of land uses that offers a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic [emphasis added] and recreational facilities, working in concert to strengthen Avon's identity as both a year-round residential community and as a commercial, tourism and economic center." On-site employee housing units and a state of the art, high-quality police and fire combined facility would implement this balanced approach to land development. The Property is located within District 13: Nottingham Road Commercial District. Following is a response to the existing Planning Principles for this area: • Limit access points on Nottingham Road to simplify traffic movements. c� a J P1AE .4v oma],' C 0 3. O F A O 0 AESCU'E'� Response: This project would likely utilize the existing Walking Mountains Lane for entrance, and exit only onto Swift Gulch Road. As discussed with Town Staff, this area of Swift Gulch Road may require emergency only signalization for safe exiting. The full details of access to the property would be evaluated during a future development plan submittal. • Require landscape setbacks and internal landscaping of parking lots. Response: These details would be incorporated into a future development plan application which will be compliant with all applicable standards. With conceptual site layouts explored, parking could be placed behind the building as a potential solution to this principal. • Screen all equipment and storage areas from view. Response: All equipment and storage areas will be screened from view. It is likely that fire trucks and some vehicles will be parked outside of the future building(s), for maintenance, training, and staging for quick response times. • Limit building heights to that which is compatible with the existing surrounding development. Response: The nearest development to the site is the Neighborhood Commercial (NC) zoned properties opposite Swift Gulch Road, and also planned uses on Lot 1A. Building Heights will be compatible with existing surrounding development. There is a natural break with vegetation and the creek buffering the property moving north. Additionally, no potential development exists to the east on Swift Gulch Road given the steep topography and existing Open Space zoning in those areas. Currently, Lot 1B has entitlements through the PUD process with forty-two (42) foot building height for Townhomes. Current concepts for the fire station include base building heights of 45'. This would be further developed with a development plan process. Building heights have been reduced compared to the previous PUD zoning for Cottonwood Resort. • Development intensity and activity should diminish when traveling north on Buck Creek Road. Response: The Existing PUD and this proposed zoning amendment will respect this planning principle, with intensity and activity remaining low impact as moving north on Buck Creek Road (and Walking Mountains Lane respectively). (3) Physical suitability of the land for the proposed development or subdivision; Response: The existing Lot (113) was graded out and preliminary infrastructure and stub outs were constructed in concert with the initial Walking Mountains Lane and Science School subdivision improvements. A design team has worked diligently to demonstrate the adequacy of the site for these intended uses. The north east corner of the property becomes constrained moving north due to natural and manmade constraints in the form of the Nottingham Puder a Avon �. c n i n a a a n AEscu'E'� Ditch (and Easement) at the toe of the steep hillside. The balance of the land is physically suitable for the programming and construction of a police/fire public safety center. (4) Compatibility with surrounding land uses; Response: The property is surrounded by a mix of land uses including: open space, Buck Creek, public roadways, and the immediate surrounding area is commercial in nature. Moving the planned public safety building from Lot 1A to Lot 1B should not create any additional impacts to adjacent surrounding land uses. The siting of public facilities next to a medical land use is complimentary. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned Response: The concept for a police and fire joint facility in this general location has been in response to changing conditions and the need to move these essential services out of the Town Core and into a more accessible location. Commercial and civic uses have long been envisioned in this intersection of Town roadways. (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; Response: The existing and proposed infrastructure is adequate to serve the proposed development. Initial utility work would be performed by the adjoining Lot 1A development. Fire protection will be on site. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district(s); Response: The Public Facilities (PF) zone district is "intended to provide sites for public uses such as community centers, police and fire stations, and governmental facilities." This zone district is clearly envisioned for this type of development. Avon Municipal Code §7.24.040, Table of Allowed Uses, includes government services, offices, and associated facilities. The Application proposes police and fire stations; therefore, the proposed rezoning is consistent with the stated purpose of the PF zone district. (8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; Response: The existing zoning for Lot 1B is PUD: for multi -family residential, up to eleven (11) Dwelling Units in Single -Family, Duplex, and/or Triplex configurations. Relocating the fire operations approximately 150' to the north and co -locating police functions on the same property will not likely result in adverse impacts upon the natural environment. Stormwater management for Lots 1A and 1B will be handled with treatment facilities prior to discharge form the property. Q) to CZ a J P1AE 5� Avon C n L O F A Q O AESCU'E'� While the street network is adequate to carry the anticipated, traffic studies will be required and reviewed with the Development Plan submittals for both Lot 1A and Lot 1B. No wildlife impacts should be experienced and stream setbacks remain intact. (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Response: No significant adverse impacts to other properties in the vicinity are envisioned with Public Facilities (PF) zoned land uses. Intermittent noise impacts in connection with fire truck sirens are anticipated, but these types of impacts will not be any greater than those already inherent with the facility location on Lot 1A. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and, Response: The existing Buck Creek PUD highlights Lot 1A as the emergency service hub for the property. This proposal shifts the site to the north with immediate access to adjacent roads maintained. Moving from PUD to a standard zone district will provide flexibility, and at the same time ensure future development is in line with the Town's adopted goals, policies, and procedures. (11) Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. Response: MITIGATION OF IMPACTS This Application would result in the reduction of 11 multi -family dwelling units, and the reorientation of a main branch fire station to provide exit onto Swift Gulch Road as opposed to the currently approved location on Nottingham Road. As mentioned, the Avon Police Department would also be headquartered on this property. Transportation The Transportation Plan indicates the possibility of a bus stop in the general vicinity of the Property on Swift Gulch Road. If required in the future, a bus stop and connecting sidewalk could be accommodated to the north of the conceptual driveway exit of the property; however, a bus route is highly unlikely in this direction and general location. Connections for pedestrians must be accommodated for both on the perimeter and within the sites. Water The Buck Creek PUD (historically named "Wildwood Resort") was allocated 118.6 Single -Family Equivalents (SFEs). Consequently, in 2009 when the Buck Creek PUD was approved with far less density that the original PUD it was conditioned such that additional water rights would go back to the Town. Water use will be examined again at the development plan stage of development and no additional water demand is expected. a .4v o n f. 473. 17F ADO J P1AE AESCU'E'� Sewer The water district has adequate the capacity to treat the wastewater from the existing approved fire station lot, as evidenced in the 2009 Buck Creek PUD approval and ability to serve letters. Schools The demand on schools remains unchanged with the relocation of both police and fire facilities. Emergency Services Not applicable. Police Not applicable. Parks and Recreation In terms of immediately adjacent parks and recreation impacts, the Trails Master Plan (2009) includes the possible trail connection immediately north of this property to help connect pedestrians from the Town Core to the north eventually to the Buck Creek Trailhead. This is a critical connection to existing recreational facilities and will be maintained with this proposal. Medical The rezoning of the adjacent Lot 1A to a medical office complex and siting the police and fire on Lot 1B will have a synergetic relationship. While there are currently urgent care facilities in the Town Core, the Town lacks adequate opportunities for medical care. Accessibility of these properties to major roadways will be a benefit to not only Avon residents but others in the valley. Library Not applicable. K• Q) to CZ a ,4v o nom), G 47 � 1) F A 0 0 AESCU'E'� Comprehensive Plan Amendment for Lot 113 Written Statement The Application being presented will amend the Future Land Use Map designation of Lot 113 from Neighborhood Commercial, which is already inconsistent with the current zoning, to Civic/Public. PROPOSED AMENDMENT TO LOT 1B -NEIGHBORHOOD COMMERCIAL TO CIVIC/PUBLIC Q REVIEW CRITERIA The following is an examination of the mandatory review criteria for the Planning Commission and Town Council review to consider. This Application responds to each criteria accordingly, and cross references the Rezoning review criteria responses where necessary. (1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; Response: The land uses in the surrounding area are a mix of multi -family residential, and commercial including retail, restaurants, service stations and automotive repair. The proposed land use is mixed-use commercial which will generally allow residential and commercial land uses so the proposed Comprehensive Plan amendment is compatible with the surrounding existing land uses. Additionally, the proposed use provides a significant public benefit by supplying the Avon community with critical medical facilities. A J 41FE .4vori O O i O F ADO RESCU'E'� �6072 (2) Transportation services and infrastructure have adequate current capacity or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; Response: The land use proposed for the 2.1 acre Lot 1A will have a negligible impact on transportation services and infrastructure when compared with the current zoning for multi- family residential development. (3) Public services and facilities have adequate current capacity or planned capacity to serve the land use proposed in the plan amendment; Response: There is adequate current capacity to serve this joint public safety facility. Due diligence work for Lot 1A accommodates service for both properties. (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; Response: This application is submitted concurrent with the amendment for Lot 1A that will allow for the strategic relocation of essential public safety services to an area of Town better suited for this type of development. This strategic location for fire services was targeted for development in 2009 with the acquisition of the adjacent Lot 1A. The colocation of police and fire outside of the Town Core is an improvement in location for both uses. Currently, emergency service personnel must navigate additional stop signs and roundabouts in order to respond to emergency calls. Lot 1B provides a better location for emergency responders for the Town of Avon and neighboring call locations. (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; Response: Strict adherence to the current planwould preclude the ability to locate emergency service responders on the site and better serve the community needs. (6) The proposed plan amendment will promote the purposes stated in this Development Code; Response: The proposed comp plan amendment will promote the purposes of the Avon Development Code but most significantly demonstrates compliance with purpose 7.04.030(g) (g) Prevent the inefficient use of lan+ avoid iIlcrea5ed demand,. on public seri-ices and facilities �vliich exceed capacity or degrade the level of service for ekistina residents: protide for N phased development of goveiillllent sei%ices and facilities Ti-hlcll maximizes efficleilcy alict optillllze5 costs to taxpayers all nsersS and promote sll ci Lellt. ec47Ilflllllca gll ala l -e. Llalltj' prOvisioI1 of all public ser6ces and public facilities. iI1cluding but not limited to water. scwa:xe, schools. libraries. police.1park-s. recreatlOn. Opel' space. and medical facilltl2s: I While design of a joint facility is in the early stages, this amendment and eventual development of the property could yield savings for the Fire District and ultimately the construction of a facility that will serve the Town and Valley. Lot 1A will be made available for high quality medical facilities and Lot 1B available to police and fire services. to Ca a cninaaan wscuc\ (7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. Response: Public Health and welfare will be promoted with new medical and public safety facilities. Public welfare is broad and inclusive and is often most accurately reflected in the goals and policies contained in the Town's Comprehensive Plan. Comprehensive planning is the legal basis for zoning and this Comprehensive Plan amendment will allow for the rezoning of Lot 1B to Public Facilities in order to collocate police and fire services on the site. ■ ` ' P1EE G 47 �. l) F A R O RESCU�'� WA Avon COLORADO Town of Avon Planning & Zoning Commission Meeting Minutes Tuesday, March 3, 2015 Avon Municipal Building — One Lake Street --Meetings are Open to the Public— I. Call to Order— 5:0013m IL Roll Call • All Commissioners were present. 111. Additions & Amendments to the Agenda • No additions or amendments. IV. Conflicts of Interest • There were no conflicts of interest. V. Comprehensive Planning Documents Project • Discussion only; not an action item. VI. Discussion Items: 1. Wildridge PUD Amendments — Status of Undeveloped Lots? z. PZC Composition — # of Commissioners 3. Roundabout #4 AWSC Structure & 2016 Art Planning 4. Update on HCRE Projects Summary 5. Roundabout #5 Ped Crossing • Discussion only; not an action item. VII. Meeting Minutes Approval • Meeting Minutes from February 17, 2015 Action: Commissioner Struve moved to approve the minutes. The motion was seconded by Commissioner Minervini and at vote, all were in favor (5-0) and the motion passed. VIII. Staff Approvals • Helicopter Landing Permit @a Riverfront • 2470 Old Trail — Minor Changes to Approved Dev Plan • Avon Wastewater Treatment Facility — HVAC/Rooftop Equip Screening • g10 Nottingham Road — Tenant Signage for Lone Star Security IX. Other Business X. The meeting was adjourned at 6:45 PM.