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L46 B2 BMBC PUDTownTown of Avon Rezoning/ PUD Staff Report August 12, 1997 City Council meeting Report date December 20, 2019  Project type Rezoning to PUD  Legal description Lot 46, Block 2, Benchmark at Beaver Creek  Zoning Residential High Density (RHD)  Introduction On July 22nd Council passed Ordinance 97-8 on first reading and referred it back to Planning and Zoning Commission for clarification of Commission member’s comments on the rezoning/PUD plan. Following is an analysis of the PUD plan for two four-story buildings with 12 timeshare units and 2 condominium units each, plus an existing duplex, for a total of 30 residential units. This analysis is based on the adopted review criteria for a PUD, as spelled out in section 17.28.080 of the Municipal Code, Criteria for Review, Recommendation, and Approval (for rezoning), and Section 17.20.110 (H), Design Criteria. Criteria for Rezoning (17.28.080) Is the proposed rezoning justified by changed or changing conditions in the character of the area proposed to be rezoned. The site is on the edge of Avon’s Town Center, the commercial core for the community. The neighborhood is developing with commercial and governmental facilities including a new post office and recreation center. Lot C is anticipated to be developed for urban land uses. The character of the area is changing in that surrounding parcels are being developed commercially. Timeshare units would be compatible with the surrounding commercial land use and be supported by developing downtown businesses. Is the proposed rezoning consistent with the Comprehensive Plan? The proposed rezoning to PUD is not in conflict with the Comprehensive Plan designation of the property for residential use of the property. The Comprehensive Plan states that areas designated for residential land use are intended for permanent and seasonal residential land uses, including multi-family dwellings, apartments, and condominiums as well as single family and duplex uses. Timeshares fall somewhere in between a residential land use (similar to seasonal housing) and commercial lodging. From a land use standpoint, staff does not believe the timeshare use of the property is in conflict with residential land use designation. Many of the residential units in this neighborhood are rented out as resort rental units. For example, 60 percent of the Beaver Creek West units are vacation rentals. The timeshare use is similar in having a more transient population. The character of the site will not change since the approved design is not changing. Policy A1.3 of the Comprehensive Plan states that flexible zoning such as Planned Unit Developments should be encouraged where it results in more effective use of the land, but will only be allowed where it provides a benefit to the community and is compatible with the surrounding land use. There are pros and cons of timeshare units in terms of providing benefits. The benefits are that it provides a tourist base which will in turn utilize town businesses and generate sales as well as tax revenues. The sale of the units will also generate a significant amount of real estate sales transfer tax. The negative aspect is that the conversion to timeshares will eliminate 24 permanent residential units that would be available for purchase to local residents and employees. Additionally, the conversion to timeshare units will require more employees to service the timeshares, including maid service, management, and maintenance. Goal B1 of the Comprehensive Plan is to enhance the Town’s role as a principal, year-round residential community and regional commercial center. Removing the housing units does not enhance the role as a year round residential community because residential units are being removed. Goal C2 is to provide for affordable housing for permanent and seasonal residents that is attractive, safe and integrated with the community. This goal is implemented by policy C2.1, that new development, annexations, and major redevelopment shall include or otherwise provide for affordable housing. In order to mitigate the negative aspects of the rezoning of removing permanent housing units, and comply with Goal C2 and policy C2.1, staff recommends that 10 percent of the units (3) be reserved as deed restrictive, affordable housing units. This could provide the benefit of the PUD Zoning called for by Policy A1.3. Are adequate facilities available to serve development for the type and scope suggested by the proposed zone? The rezoning to allow the timeshare units will generally not change the demand for facilities. The only exception is that a different parking requirement is applied to timeshare units. The project meets the Zoning Code requirements for the proposed combination of timeshare and residential units. PUD Design Criteria (17.20.110 (H)) Conformity with the Avon Comprehensive Plan goals and objectives. Please see discussion under rezoning, Number 2 above. Conformity and compliance with the overall design theme of the Town, the sub-area design recommendations and design guidelines of the Town. The site is located within the Nottingham Park Residential –Subarea 7 designated by the Comprehensive Plan. The Plan recommends that new development be required to screen parking areas with plant materials and that new development be at least of the same quality and character as existing development. The parking is a combination of underground and surface parking and is screened by landscaping. The buildings are stucco with trim accents match the aesthetic quality of the existing Falcon Point and Beaver Creek West buildings and are comparable to the other multi-family units in the vicinity. The proposed materials appear to all be high quality, durable and low maintenance as encouraged by the Planning & Zoning Commission’s Design Guidelines. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. The site plan utilizes the full development potential of the site. The building wings are stepped in height to break up the bulk and mass of the building. The building has bands and trim that add detail and interest. The stepped roofline results in a compatible scale between the proposed buildings and adjacent buildings. The buildings will partially block views of neighboring property. It is staff’s opinion that the buildings meet the code, and are architecturally compatible with the neighborhood. It would be difficult to develop the property without impacting the views of neighboring property. The stucco building, with lower stone facade, and synthetic shake shingles, utilizes building materials that are found within the neighborhood and adjacent neighborhoods. These materials are suitable for the site. Uses, activity, and density which provide a compatible, efficient, and workable relationship with surrounding uses and activity. The density conforms to Ordinance 91-10, which allocated 31 units to Lot 46. This medium density use is in keeping with other large multi-family projects in the neighborhood including Beaver Creek West and Beaver Bench Condos. In terms of use, timeshares fall somewhere in between a residential land use (similar to seasonal housing) and commercial lodging. From a land use standpoint, staff does not believe the timeshare use of the property is in conflict with residential land use designation. Many of the residential units in this neighborhood are rented out as resort rental units. For example, 60 percent of the Beaver Creek West units are vacation rentals. The timeshare use is similar in having a more transient population. The character of the site will not change since the approved design is not changing. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. The site is adjacent to Buck Creek. The plan is subject to approval of the drainage and grading plan by staff to ensure there is no impact the flow of Buck Creek. Some adjustment of the landscape plan may be necessary to conform to the drainage study. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The area of the site proposed for expansion is graveled and is currently used as overflow parking for Falcon Point I, so there are few natural features that the proposed expansion would alter. The building matches the aesthetic quality of the existing Falcon Point and Beaver Creek West buildings and is comparable to the other multi-family units in the vicinity. Landscaping is proposed to enhance the appearance of Buck Creek. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the town transportation plan. The site gains access through a 50 foot private access easement. The on site vehicular circulation system is adequate. A sidewalk will be constructed from the edge of the property to connect with Falcon Point. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The plan provides for 27 percent of the site to be landscaped, exceeding the minimum requirement of 20 percent. The landscape plan features good coverage of the landscape areas with plants. The landscaping is more aesthetic than functional, in that relatively narrow landscape strips are provided. An access path to Nottingham Park will be constructed, which will provide access to play areas. The buildings will limit some of the views of neighbors to the north. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. The phasing plan is workable; the project will be completed in three phases. The first phase is the duplex building, which has already been constructed. The second and third buildings will each be completed in a separate phase. The applicant would like to maintain the flexibility to build both buildings at the same time. Staff does not have a concern with a flexible phasing plan. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. The timeshares are not expected to create more demand for services and will lesson the impact on schools. The Design Review Committee indicated no service problems. That the existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. The property has been zoned for 31 units. Staff does not anticipate the difference between timeshares and residential units will create any capacity problems for the streets in the immediate vicinity of the site. Development Standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined by the Town Council as part of the approved development plan with the consideration of the recommendation of the planning commission. This determination shall be based upon the evaluation of the proposed PUD’s Compliance with the design criteria outlined in subsection H (PUD Review Criteria). Allowed use: Conforms with the allowed multi family residential use. Density: The 30 dwelling of units proposed conform to Ordinance 90-10, which reserved development rights for 31 units on this lot. Lot Coverage: The proposed 40% building coverage conforms to the 50% maximum. Setbacks: Are as shown on Development Plan. Standard setbacks of 25 foot front, 7.5 foot side, and 10 foot rear are proposed. Easements: There are no proposed encroachments in the easements. Building Height: The buildings conform to the 60 foot maximum height limitation. From the lowest existing grade to the ridgeline roof height, Building 2 is 59 feet tall, and Building 1 is 58 feet tall. Grading: All proposed grades conform with the maximum of 2:1 slope and the proposed driveway grades conform to Town standards. Parking: The residential condominiums and duplex units require two parking spaces per unit plus 4 additional guest spaces. The timeshare units require 1 space per 600 square feet. A total of 63 spaces are required and 68 spaces have been provided. Snow Storage: Submitted plans show the snow storage area slightly larger than the minimum standard of 20% of the proposed impermeable surface area. Landscaping: landscape plan appears suitable.