L38,40,41 B1 BMBC PUD v2Town of Avon
Preliminary PUD Staff Report
July 21, 1998 Planning & Zoning Commission meeting
Report date
December 20, 2019
Project type
27 unit Multi-Family
Legal description
Lots 38, 40 & 41, Block 1, Benchmark at Beaver Creek Subdivision – The Cove PUD
Zoning
Planned Unit Development (PUD)
Address
0511 Metcalf Road
Introduction
The Planning & Zoning Commission reviewed this project’s Preliminary PUD on June 2, 1998. There have been no modifications to the application since that review. The following are the
Planning & Zoning Commission’s Preliminary PUD approval conditions:
Adequate snow storage is provided.
Provisions for treatment of storm water is provided.
Adequate parking is provided
The parallel parking spaces are revised to function properly with the southern entrance.
That the buildable area as defined by the zoning code be provided
That the Deer Migration Corridor Easement on Lots, 39, 40 and 41, Block 1, Benchmark at Beaver Creek Subdivision be recorded prior to the issuance of any building permits.
That the dedication of Lot 38, Tracts A & W, Block 1, Benchmark at Beaver Creek be deeded to an appropriate agency prior to the issuance of any building permits.
Bike racks/lockers be added to promote alternative transportation and alleviate the need for bike storage on unit balconies.
A playground area with equipment for young children be established.
Since that review, staff has made two determinations that significantly affect this application’s review.
Staff has determined that the PUD comprised of Lots 38, 40, and 41 possesses no assigned development rights or standards. This determination is based upon the lack of an existing precise
or specific development plan approved prior to the adoption of the 1991 Town of Avon Zoning Code. At the time of its adoption, the Zoning Code stipulated that, “(e)xisting PUDs which
have not been approved with a precise or speific plan shall be subject to the review procedures for the adoption of an approved development plan…” . Therefore, the PUD as it exists
today is a PUD in name only, without an assigned density
or development standards. All development standards to include density must be reestablished through a new PUD review process.
Upon further evaluation, Staff has determined that the application fails to meet the minimum PUD submittal requirements. Specifically, the Zoning Code requires that such things as a
proposed site plan, preliminary building elevations, a preliminary landscape plan, a preliminary grading plan, etc. be submitted to fully comprise a proposed PUD development plan. Since
the application’s submitted materials fail to provide these items for Lot 40, the application is incomplete.
The applicant does not agree with staff’s revised assessment of the PUD’s existing status nor with staff interpretation of the submittal requirements and has requested that the project
be presented to the Planning & Zoning Commission for its review and recommendation to the Town Council.
Project Summary
This PUD would create a development plan for six commonly owned and contiguous parcels along Metcalf Creek. The lots are comprised of mostly steep terrain and the Metcalf Creek drainage.
The parcels involved and their current zoning are as follows:
Lot 38 = PUD
Lot 40 = PUD
Lot 41 = PUD
Lot 39 = Industrial Commercial
Tract A = Open Space, Landscaping, & Drainage
Tract W = Open Space, Landscaping, & Drainage
The proposal’s main element is to develop 27 multifamily dwelling units on Lot 41. Though previous reviews and associated staff reports described the project as a transfer of 12 residential
development rights from Lot 38 to Lot 41, this notion is no longer valid due to staff’s determination that no assigned development rights exist on either Lot 38, 40, or 41. Lot 38,
along with Tracts A & W would be designated as permanent open space and deeded to an appropriate open space agency. Total deeded open space would equal 104.62 acres. In addition, a
deer migration easement would be established across Lots 38, 39, 40, and 41.
The design objective for Lot 41’s development is to allow Metcalf Creek to remain as much as possible in its natural state. A loop driveway system accessed provides bi-directional circulation.
The applicant describes the project’s intent as a residential project that locals can afford to purchase. The applicant has agreed to deed restrict three units.
Process Summary
Preliminary PUD review is meant to allow the Planning & Zoning Commission to review the project’s basic elements and to provide specific feedback to the applicant by motion. Preliminary
PUD approval does not bind the Commission or the Town of Avon in any way, but is meant simply as a mechanism to formalize the Commission’s review comments.
For any proposed PUD or PUD Amendment, the Planning & Zoning Commission shall conduct an initial formal hearing comprised of a public hearing and Commission review. A report of the Commission
stating its findings and recommendations along with the staff report shall then be transmitted to the Town Council.
Any PUD Plan or PUD Amendment requires approval by ordinance of the Town Council. The Council shall, after receiving the report and recommendation from the Planning & Zoning Commission,
hold a public hearing. Following the required hearing, the Town Council shall consider the comments and evidence presented at the hearing and evaluate the application and approve, approve
with conditions or deny the application in whole or in part.
PUD Design Criteria
According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as the principal criteria in evaluating a PUD.
It is important to note that due to the lack of a complete PUD application, staff is unable to evaluate the proposed development for Lot 40. Therefore, all staff review criteria comments
are relative to the proposed development for Lot 38 and 41 only.
Conformance with the Town of Avon Comprehensive Plan’s Goals and Objectives.
Land Use:
Policy A1.3 – The provision of three deed restricted housing units, the dedication of 104.62 acres to open space, and the creation of a deer migration corridor are significant benefits
to the community.
Policy A1.6 & A3.7 – Though much of the land offered as dedication to open space is arguably difficult to develop, it is important that such lands are preserved through deed as open
space to prevent future speculative development and to maintain sufficient buffers between development concentrations.
Housing:
Goal C1 – The Comprehensive Plan acknowledges a shortage of housing for lower and middle income seasonal and year-around residents and their families. The project is intended to provide
housing for these demographic groups.
Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town.
The proposed units on Lot 41 are in general compliance with the Town’s design theme and design guidelines.
The architectural detailing of stone and timbers provide an alpine flavor,
The individual building pods allow the project to work with the natural topography
The project preserves the Metcalf Creek riparian zone and augments the area with increased landscaping.
The Comprehensive Plan does not provide specific sub-area design recommendations.
Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and
orientation.
The project’s architecture provides a positive transition between the Metcalf Road Light Industrial District and the Wildridge and Wildwood residential areas. The structures’ form reflects
nearby commercial warehouse buildings, while the articulated massing, balconies, gables, stone entries, etc., reflect a residential character. The significant setback distance between
Metcalf Road, coupled with the various layers of landscaping should reduce the project’s mass and scale as perceived from Metcalf Road.
Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity.
Information detailing the actual buildable area as defined by the zoning code is needed to fully evaluate the density proposed for Lot 41. Initial staff review indicates, however, that
the density and residential use are compatible with surrounding development.
Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed.
The project now meets the 30-foot stream setback. The buildings provide most of the retainage.
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 preservation of the stream corridor coupled with the building design that responds to the site’s natural topography appears to be an appropriate response to the site’s natural features.
Maintaining the stream corridor should provide the project a sense of place for both the development’s residents as well as the public viewing the project from Metcalf Road.
The dedication of nearly 105 acres of open space to an appropriate agency will ensure the preservation of the surrounding hillside, providing both a visual and natural buffer between
the Metcalf Road Light Industrial District and Wildridge.
The creation of the deer migration corridor easement helps preserve this existing migratory route.
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 new driveway loop design maintains a twenty-four foot travel lane that necks down to twenty feet in certain spots. The necking down of certain areas provides internal traffic calming
to keep vehicles from exceeding safe speeds onsite. Staff supports the new vehicular circulation design, offering better emergency access and overall circulation. Due to the fact that
pedestrianization of Metcalf Road is not planned for, onsite pedestrian circulation was not considered.
Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function.
The landscape plan is meant to not only emulate the site’s natural features, but to also further augment it by introducing many more trees. The large area of preserved open space, significant
landscaping layers should adequately preserve this portion of Metcalf Creek’s natural features.
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 project is proposed to be built in a single phase.
Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection.
Water flows and pressures available to the site need to be verified. Augmentations may be required. The potential for future nearby neighborhood parks is limited. Thus, it is
recommended that the project include a playground area with equipment for young children. All other public services are anticipated to be available at sufficient levels.
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 Town’s Transportation Plan accounts for full development of the parcels encompassing this project and does not anticipate impacts that will diminish the Town’s desired levels of
service. Sight distances from the both access points appear adequate. Staff does not anticipate the need for turning lanes or accel/decel lanes on Metcalf Road.
Development Standards
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 consideration of the recommendation of the Planning commission.
Staff believes the proposed development standards for Lots 38 and 41 are appropriate. However, the lack of complete information for proposed development for Lot 41 does not allow staff
to evaluate its proposed development standards.
Please refer to the attached development standards.
Staff Recommendation
The Zoning Code clearly indicates the importance of the development plan when it states, “…the development plan is the principal (le) document in guiding the develoment, density, uses
and activities of a PUD.” Due to the lack of all information to fully describe the proposed PUD in its entirety, staff must recommend denial of the Cove PUD.
Staff would also note its significant concerns with what staff sees a limited potential for development on Lot 40 due to its severe topography and difficult access. Staff would be supportive
of Lot 40’s assignment and dedication to Open Space in exchange for the full density proposed for Lot 41.
Recommended Motion
I move to adopt Planning & Zoning Commission Resolution 98-6, recommending to the Town of Avon Town Council denial of the Cove PUD based upon the following finding:
Due to the lack of required submittal materials as specified by the Town of Avon Zoning Code, the application is incomplete and therefore can not be properly or fully evaluated.”
If you have any questions regarding this project or any planning matter, please call me at 748-4030, or stop by the Community Development Department.
Respectfully submitted,
George H. Harrison
Planner