PZC Res. No. 2004-19TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 04-19
SERIES OF 2004
A RESOLUTION RECOMMENDING APPROVAL OF ORDINANCE 04 -XX,
AMENDING TITLES 16 AND 17 OF THE AVON MUNICIPAL CODE TO THE TOWN
COUNCIL AS IT RELATES TO REVIEW OF PLANNED UNIT DEVELOPMENT
ZONE DISTRICTS, DEFINTION OF BUILDING HEIGHT, AND PARKING
WHEREAS, Titles 16 and 17 of The Avon Municipal Code require review and revision on a
periodic basis in order to continue to serve the public interest; and
WHEREAS, the Planning & Zoning Commission is appointed by Town Council to review,
make recommendations, and render decisions on all zoning applications; and
WHEREAS, the Planning and Zoning Commission have reviewed the attached revisions
( "Exhibit A ") to Resolution 04 -19 Series of 2004, and held a public hearing as required by
the Avon Municipal Code to review the proposed amendments;
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends to the Town Council the approval of changes set forth in Resolution
04 -19 Series of 2004 in order to amend the existing Avon Municipal Code as adopted.
ADOPTED THIS 20th DAY OF JULY, 2004
Signed: / r
Date: / d/ �y
Chris Evans, Chair
Attest.
7`L. Date: 7 �o :Z oo
Terry Smith! Secretary
FAPIanning & Zoning Commissio&Reso1utions\2004 \Res 04 -19 Zoning Subdivision Ordinance Adoption.doc
Exhibit "A" to Resolution 04 -19
ORDINANCE NO. 04 -XX
AN ORDINANCE AMENDING TITLES 16 AND 17 OF THE
AVON MUNICIPAL CODE OF THE TOWN OF AVON AS IT
RELATES TO REVIEW OF PLANNED UNIT DEVELOPMENT
ZONE DISTRICTS, DEFINITION OF BUILDING HEIGHT,
AND PARKING
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
TITLE 17
ZONING
Section 1. Amendment. Section 17.08.160, Chapter 8 of Title 17, Avon Municipal Code, is
amended as follows:
Building height means the distance measured vertically from the existing grade or
finished grade (whichever is more restrictive) at any given point outside the
building to the top of a flat roof, of mansard roof, or a
sloping roof. Within a building, height shall be measured vertically from any
point on a flat roof, mansard roof, or sloping roof
ree€o to the existing grade directly below said point.
iylurw
SUM y
Maximum Building Height Interior Section
ILLS.
mab &gip Hegtt
— Or9naLEAsing Grade
Maximum Building Height Exterior
Section Showing Envelope
N.T.S.
Imaginary line runs parallel to
existing grade limiting
building height
Area exceeding height limitation
when measured to finished
exterior grade
Height
measurement
Proposed finished grade
Existing grade
Proposed finished grade at walkout
Section 2. Amendment. Subsection (c) (3) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended as follows:
(3) A complete application for a PUD must be submitted to the Department of
Community Development at least thirty (30) days prior to a regularly scheduled
meeting of the Planning and Zoning Commission. A report of the Community
Development Department findings and recommendations shall be made at the
initial formal hearing before the Planning Commission. A report and resolution
of the Planning Commission stating its findings and recommendations, and the
staff report shall then be transmitted to the Town Council. The Town Council
shall consider the PUD District in accordance with Section 17.28.050 of this
Code.
Section 3. Amendment. Subsection (d) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(d) Submittal requirements. Submittal requirements may vary depending on the
complexity of the proposed development as determined by the Community
Development Department, and whether or not the PUD is being requested in
connection with the review of a development agreement pursuant to Chapter
17.14 of this Code.
Generally, the following minimum submittal requirements shall apply for all new
PUD applications and proposed amendments to existing PUD districts:
(1) Application form and filing fee;
(2) A written statement describing the nature of the project to include
information on proposed uses, densities, nature of development
proposed, contemplated ownership patterns, and phasing plans;
(3) A survey stamped by a licensed surveyor no older than 3 years
from the date of application, indicating existing conditions of the
property to be included, to include the location of improvements,
existing contour lines, natural features, existing vegetation,
watercourses and perimeter property lines of the parcel;
(4) A complete zoning analysis of existing and proposed development,
to include a square footage or density breakdown of all proposed
uses and parking. Where a structure or building exists, a complete
set of plans depicting the existing conditions of the parcel (site
plan, floor plans, elevations), if applicable;
(5) A vicinity plan showing the proposed improvements in relation to
all properties at a scale not smaller than one (1) inch equals one
hundred (100) feet. For projects larger than two (2) acres in size,
the appropriate scale shall be determined by the Department of
Community Development;
(6) Evidence of available utilities, such as water and sewer service, as
provided.
(7) Proposed site plan showing the approximate locations and
dimensions of buildings, or approximate building envelopes and all
principal site development structures or features. For projects less
than two (2) acres in size, the plan shall be prepared at a scale not
smaller than one (1) inch equals twenty (20) feet. For projects
larger than two (2) acres in size, the appropriate scale shall be
determined by the Department of Community Development.
Additional submittal requirements, as determined necessary by either the Community
Development Department or the Planning and Zoning Commission, may be required and
include the following:
(8) Preliminary building elevations, sections and floor plans at a scale
not smaller than one - eighth (1/8) inch equals one (1) foot in
sufficient detail to determine floor areas, circulation, location of
uses and general scale and appearance of the proposed
development.
(9) Photo overlays and/or other acceptable techniques for
demonstrating a visual analysis of the proposed development in
relationship to existing conditions;
(10) A site - massing model depicting the proposed development in
relationship to development on adjacent parcels;
(11) Environmental impact report;
(12) Preliminary drainage analysis and grading plans;
(13) Economic model of the proposed uses and densities where an
application proposes uses that may impact the ability of the Town
to provide adequate public services;
(14) Any additional material or information as deemed necessary for
proper review of the proposed PUD or PUD amendment.
Four (4) complete copies of the above information, with the exception of
the massing model shall be submitted with an application for a PUD.
Section 4. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(h) Design Criteria. The following design criteria shall be used as the
principal criteria in evaluating a PUD District. It shall be the burden of the
applicant to demonstrate that submittal material and the proposed development
plan comply with each of the following design criteria or demonstrate that one (1)
or more of them is not applicable, or that a particular development solution
consistent with the public interest has been achieved. Where the PUD District is
being requested in connection with the review of a development agreement as
pursuant to Chapter 17.14 of this Code, not all design criteria may be applicable,
as determined by the Department.
Section 5. Amendment. Subsection (k) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(1) Amendments. Requests for amendments to an approved Planned Unit Development
District shall be reviewed in accordance with the procedures described above. Amendments that
propose substantial changes to land use in connection to existing development agreements and
development plans as outlined in Chapter 17.14 of this Code may require additional information
and/or amendment to development agreements and to development plans.
Section 6. Amendment. Section 17.20.110, Chapter 20 of Title 17, Avon Municipal
Code, is amended by the addition of (m) to provide as follows:
(m) Preliminary Subdivision Application with PUD
Where subdivision approval will be required to implement development in a proposed
PUD, a Preliminary Subdivision Plan application must be filed concurrently and in
conjunction with the PUD application. The provisions and procedures for public notice,
hearing and review for a PUD as prescribed in this Title shall apply to the Preliminary
Subdivision Plan application. No development may be implemented in a PUD prior to
approval and recording of a corresponding Final Subdivision Plat.
Section 7. Amendment. Subsection (c)(2)(a) of Section 17.24.020, Chapter 24 of Title
17, Avon Municipal Code, is amended to provide as follows:
(2) Commercial Land Use - - Minimum Requirements
a. Shopping and convenience goods retail 4/1000 sq. ft. GLFA
TITLE 16
SUBDIVISION
Section 8. Amendment. Section 16.08.150, Chapter 08 of Title 16, Avon Municipal
Code, is amended to provide as follows:
Specially planned area (SPA) and /or Planned Unit Development (PUD) means a
subdivision controlled by one (1) or more landowners to be developed under a unified
plan which does not correspond in lot area, density, lot coverage, open space or other
requirements of existing subdivision or zoning regulations; it shall contain sufficient total
area in relation to the intended use or uses to permit effective application of planning
principles to protect the landform, reduce street and utility costs, preserve open space and
provide a superior human environment. Where subdivision approval will be required to
implement development in a proposed PUD, a Preliminary Subdivision Plan application
must be filed and reviewed concurrently with the PUD application. The public notice
and hearing requirements shall be combined and run concurrent with the PUD public
notice and hearing requirements as prescribed in Title 17.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 27th day of July, 2004, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 10th day of August, 2004, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Albert D. Reynolds, Mayor
ATTEST:
c
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of , 2004.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney