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Confluence PUDTown of Avon PUD Zoning Staff Report October 6, 1998 Planning & Zoning Commission meeting Report date December 20, 2019  Project type Mixed Use Planned Unit Development (PUD)  Legal description Confluence Site-Legal Description Attached  Current Zoning Eagle County PUD  Location West of Avon Road between the Eagle River and the Union Pacific Railroad ROW  Introduction Vail Resorts, Inc. (VRI) is requesting PUD zoning on the Confluence site, which was annexed to the Town of Avon on August 25, 1998. State statute requires zoning within 90 days of annexation. The 18.9 acre parcel is currently used as a surface parking lot and construction staging area. It is bounded on the south by the Eagle River, the east by Avon Road, the north by the railroad right-of-way, and the west by the Eagle River Consolidated Water & Sewer District. PUD zoning would allow a dense, mixed-use development including lodging, commercial, restaurant, conference center, transportation facilities and employee housing units. The attached summary of Development Standards replaces Section II of the application dated September 4. Process Summary The Zoning Code (Title 17, Avon Municipal Code) governs PUD approval. PUD approval normally combines PUD Zoning with Development Plan approval. However, as with the Lot C application, VRI is requesting a two step review and approval process: PUD Zoning. This establishes limits on density, building height and bulk, parking, and allowed uses. Development Plan Approval. This determines the locations, size and general design of the buildings, as well as site layout, access and circulation. VRI is requesting this “two step” approval process due to constraints imposed by the proposed financing mechanism through formation of two special districts. The districts would include Lot C (and likely Lot B), and issue bonds to finance the projects’ infrastructure. Forming the special districts, and their subsequently being able to issue bonds, require a district election coinciding with the general election this November. Failing that, the next opportunity for a district election is in November 1999. Underlying the proposed financing structure is the assumption that the applicants will be able to develop the Confluence at urban density and building heights. VRI originally intended to follow the Town’s normal procedure for Development Plan approval in time for the November election. However, there is no longer sufficient time for the applicant to complete the planning and design necessary to obtain Development Plan approval. After discussions with the Planning Commission and the Town staff, the applicant has stated that PUD Zoning, even though it does not include Development Plan approval, will meet the needs of district formation, and thereby keep the project on track. PUD Design Criteria The Zoning Code (Section 17.20.110) lists the criteria for evaluating a PUD. For purposes of this application, these criteria are used to evaluate the proposed development standards, rather than a specific Development Plan. Since several of these criteria are clearly intended to evaluate specific development plans, related staff comments are necessarily limited. When VRI subsequently applies for Development Plan approval (anticipated within 6 to 12 months), staff will apply these same review criteria to the proposed Development Plan. Conformance with the Town of Avon Comprehensive Plan’s Goals and Objectives. Policy A 1.3: Flexible zoning such as Planned Unit Developments (P.U.D.) should be encouraged where it results in more effective use of the land. However, such flexible zoning will only be allowed where it provides a benefit to the community and is compatible with surrounding development. Variations from standard zoning must be clearly demonstrated, and will be permitted only as needed to achieve effective development. In concept, staff supports the proposed building heights, so long as buildings step down from the Seasons and Avon Center buildings, and step down to the river. Moreover, staff feels strongly that granting final approval for taller buildings than those contemplated in the Comprehensive Plan should be done in the context of an overall downtown plan that shows, among other things, where taller buildings can be placed without detriment to the views from key public spaces and developments in the Town Center. (please refer to comments under review criteria # 2, below) Having said that, the development concept appears appears to provide a number of benefits to the community: Transportation is enhanced through a multi-modal transportation center, intercept parking, an and effective pedestrian connections with the Town Center and the East Avon shopping district; The existing and proposed businesses, increased bed base, and conference center could provide the critical mass to create a more sustainable Town Center. Protecting the the river corridor and bringing into the Town Center enhances the site and the community. The lack of any of these key elements would significantly reduce the relative benefits of the project. Policy A 2.1: Parcels of land to be annexed will be master planned, in conformance with the Land Use Plan and Design Standards, and clearly show physical, visual and functional connections with the existing Town. The mix of uses allowed under the proposed PUD zoning generally conforms to this policy. As stated above, the detailed master planning and Development Plan formulation contemplated by this policy would be most effectively completed in conjunction with an overall Downtown Plan that considers visual impacts, design themes, pedestrian access, transit access, parking, function and location of key facilities like the conference center, and integration of the transportation modes including the rail corridor. Goal A3: Maintain a compact urban form that respects and preserves the natural beauty of the valley, river and surrounding mountains, and maintains distinct physical and visual separations between Avon and surrounding communities. The development of a compact and dense site adjacent to Avon’s town center implements this goal. The development will enjoy the natural beauty of the site and “bring the riverfront to the town” by providing visual and pedestrian connections. Policy A3.3: Commercial, public and other uses that generate employment and customer traffic should be located to minimize the need for automobile travel Providing lodging adjacent to the Town Center, together with effective pedestrian connections, and access to transit facilities implements this policy. People that work in the area can walk from offices to restaurants and other services in the town center without having to drive. Visitors staying in hotels will have ready access to shopping, entertainment and transit. Policy A3.8: The Eagle River should be maintained as a riparian corridor. New development and redevelopment should be compatible with the riparian environment. The development concept helps maintain the river corridor in a critical location through the 75 foot setback, preserving a major amenity for the site and for the Town Center. Wetland mapping will be used in Development Plan approval to confirm the final location of the river setback, and to delineate associated wetlands. Policy A3.6: Encourage mixed use development throughout the community, where compatible with existing neighborhoods, to more efficiently use land. Policy B3.1: Promote development of facilities and activities which strengthen the Town's year-round tourism base, and relationship to the resort community. The proposed development strengthens the relationship with the resort community through direct access to surrounding ski areas and villages. The hotel beds will provide support for existing businesses. The convention center will help support the hotels and surrounding businesses during “shoulder seasons.” Policy B3.3: Promote effective transit and access with Beaver Creek and Arrowhead Resorts, including gondola connections, trails, and pedestrian connections. The elements of this development concept that implement this policy include: Effective pedestrian connections to the Town Center; Access to an improved transit center adjacent to the railroad right-of-way; A gondola, funicular or similar system linking the site to Beaver Creek and Bachelor Gulch. Policy C2.1: New development, annexations, and major redevelopment shall include or otherwise provide for affordable housing. Policy C2.2: Wherever possible, affordable housing will be integrated with, rather than be separate from, the rest of the community. The development concept includes providing at least some of the employee housing on the site. Policy E1.4: Commercial areas should be designed to minimize in-town vehicle travel by making it easier for people arriving by car to park and conveniently walk to multiple stores and businesses. Policy E1.6: All new development and redevelopment should include or otherwise provide for effective transit, pedestrian and bicycle facilities. Policy E21: Joint development of a structured parking facility in the Town Center to support private and public uses should be pursued to the extent feasible. Policy E3.1: Encourage and participate, to the extent practical, in cost-effective transit partnerships with local resorts and governmental interests, including gondola connections, shuttle buses, and other options. This proposal allows hotel guests and skiers access to Beaver Creek via gondola or funicular connections (although the applicant cannot commit to these facilities until studies are completed), and to Avon’s town center and commercial core via providing pedestrian overpasses. Pedestrian connections also enhance transit use by taking advantage of the Town’s transit facilities. A structured parking facility, possibly a shared facility, is also proposed. A commitment should also be included for bicycle parking along with the transit and pedestrian facilities already discussed. Policy F1.1: Future development and redevelopment shall minimize degradation of the environment, particularly in sensitive natural areas. Policy F1.3: The river corridor will be protected as an important riparian habitat. The 100 year floodplain and wetland boundaries need to be mapped and wildlife study updated for the Phase I PUD guide. It is our understanding that the applicants are preparing this information and it will be available by the October 20th meeting. The applicant has provided an updated geo-technical report. We have already discussed that the 75-foot building setback is a significant improvement over the Town’s standard 30-foot setback. Policy F1.5: Major development proposals will be referred to the Colorado Division of Wildlife for review and comment regarding wildlife issues. At a minimum, the application will be referred to the Division of Wildlife at Development Plan review. Policy G1.4: New annexations and development will include or otherwise contribute to land for trails, open space and recreation purposes. The applicant has already constructed the regional bike path through this property, and provided river access and a boat take out area. Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town. The Comprehensive Plan Subarea Guidelines recommends that development of the river corridor be subordinate to the Town Center, limited to 3-4 story buildings. The applicants are requesting uses, heights and densities comparable to the existing Town Center Zoning. And, based on the proximity to the Town Center and the connections proposed, this project will essentially form an extension of the Town Center. Because of these and other significant planning and design issues, staff strongly recommends that this development can be effectively evaluated in the context of a Downtown Plan that looks at critical design and functional elements such as building massing and height, the pedestrian network, trail and recreational connections, vehicle access, downtown parking standards, shared parking structure capacity and locations, convention center size and placement, and the connections between the various transit modes that converge on this important site. In staff’s opinion, any PUD zoning granted to this applicant should include commitments for well designed pedestrian connections to the Town Center and commercial shopping district, a convention center, and accommodation of a multi-modal transit facility. The actual size, form and locations of these facilities should be determined through the Development Plan approval process, based on a Downtown Plan or equivalent. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. This should be addressed through Development Plan approval. Please see comments under critieria # 1 and # 2, above. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. This should be addressed through Development Plan approval. Please see comments under critieria # 1 and # 2, above. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. The geo-technical study has been updated. Staff will review the study to ensure that any geologic or natural hazards have been addressed. The preliminary studies did not indicate any significant constraints. 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. This should be addressed through Development Plan approval. Please see comments under critieria # 1 and # 2, above. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the town transportation plan. This should be addressed through Development Plan approval. Please see comments under critieria # 1 and # 2, above. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 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. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. The application packet includes letters from utility providers indicating services can be provided to the site. However, recent discussions with the Town concerning the availabilty of water under the Town’s existing Water Augmentation Plan require a more complete reponse by the applicant. 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. At a minimum, a traffic study is needed to fully address this criterion. Development Standards Although not entirely clear in the current application, the proposed maximum building height is to match the Avon Center Building, based on its measured topographical elevation. The applicants are also requesting that up to 40,000 square feet of enclosed building footprint be allowed to exceed this height by 20 feet, based upon the protection of agreed upon priority views by the Town of Avon. The development standards are as outlined in the attachment to this report. Summary and Recommendation This application is for PUD zoning in order to allow more dense development of the site. This application is the first of a two step process, which is intended to establish new maximum (and, in some cases, minimum) development standards for the site. In general, the proposed zone change and PUD zoning meet the relevant criteria in the Zoning Code. The height, bulk, density and uses are generally consistent with the Town’s adopted policies in the Comprehensive Plan and Design Guidelines. Development Plan approval, based on a separate application and more detailed review process, would likely occur during the next 6 to 12 months. It is through that process that the Town will evaluate a specific development proposal. The Design Guidelines and the Comprehensive Plan will guide the Town’s evaluation of the specific development proposal. Any approved Development Plan will also have to conform to all other applicable Town regulations, including but not limited to zoning, design review, subdivision, and construction permitting. Procedure The procedure for review and approval of the Zone Change and PUD Zoning is as follows: The Planning & Zoning Commission conducts a formal public hearing, reviews the application, then transmits a report of its findings and recommendations (typically as a resolution), along with the staff report, to the Town Council. The Town Council holds a public hearing; considers the Commission’s report, the comments and evidence presented during the hearing, and the staff report; and approves, with or without conditions, or denies the application in whole or in part. Council approval of PUD Zoning, conditional or otherwise, occurs through ordinance. Staff Recommendation This application, like the Lot C application, relies upon a non standard review process, conducted within a relatively short time frame. While staff basically supports the proposed concept, we recommend that the Commission hold the public hearing, direct the applicant and/or staff to provide any additional information the Commission requires, and defer formal action until the October 20 meeting. Staff will prepare a resolution, based on the Commission’s direction, for the October 20 meeting. If adopted, the resolution will then be forwarded to Town Council prior to their October 27 meeting. Staff is forwarding the application with a draft ordinance to the Town Council to introduce on first reading at their October 13 meeting. If the ordinance passes on first reading, Council would likely schedule the second reading and public hearing for October 27. Final action regarding the ordinance would follow the public hearing and Council deliberations. Staff recommends that the project be tabled to the October 20th meeting to work out final details and complete a final review of the project. It is our opinion that the approval criteria have been met, provided additional studies and the more detailed PUD guide addresses issues raised in the staff report. A second stage detailed PUD meeting the provisions of Section17.20.110 will be required for final PUD approval. A commitment that pedestrian overpasses to the Town Center and across the railroad bridge to the commercial core shall be constructed prior to a certificate of occupancy being issued for the first phase of the development, first phase to be defined with the second stage PUD approval. The 100-year flood plain and wetland boundaries shall be indicated on the PUD map. Traffic Study to be approved by the Town. Deed restricted employee housing units shall be provided with the amount of units equal to ten percent of the dwelling units proposed (45). The units shall be subject to the standard master deed restriction provisions. Applicant agrees to participate financially in a downtown plan. Second Stage PUD development will incorporate recommendations of the downtown plan, to the extent they are feasible. Buildings shall be stepped down to the riverfront or otherwise protect the inegrity of the river corridor in conformance with the Comprehensive Plan and the Downtown Design Guidelines. The list of allowed uses include gondolas and funiculars. Staff supports the proposed parking requirements with the condition that bicycle racks, transit stops, including a potential railroad station and a gondola or fenicular be provided on the site. A play area (tot lot) be provided for hotel guests and children living in the employee units. Recommended Motion I move to table the PUD Zoning application for the Confluence, to the October 20th Planning and Zoning Commission meeting, and to forward the application to the Town Council for first reading on October 13th. If you have any questions regarding this project or any planning matter, please call 748-4030, or stop by the Community Development Department. Respectfully submitted, Karen Griffith, AICP Town Planner Michael Matzko Director of Community Development