Loading...
LotC ACBC PUDTown of Avon Zone Change; PUD Staff Report October 6, 1998 Planning & Zoning Commission meeting Report date October 3, 1998  Project type Mixed-Use Planned Unit Development (PUD)  Legal description Lot C, Avon Center at Beaver Creek Subdivision  Current Zoning Town Center (TC)  Address 160 W. Beaver Creek Boulevard  Introduction Vail Resorts, Inc. (VRI) is requesting a zone change on Lot C, from Town Center (TC) to Planned Unit Development (PUD), because of the limitations of the existing TC zone district, including height, density, allowed uses, building setbacks and parking requirements. The site is currently undeveloped, and is located north of the Seasons at Avon and the Pedestrian Mall; shares a common border with Lot B on the east; and is bounded by Beaver Creek Boulevard on the north and by Benchmark Road on the west. PUD zoning would allow a mixed-use development including lodging, time share, commercial, office, restaurant, and employee housing units. The proposed development standards include increased density, more allowed uses, increased building height, decreased setbacks, increased site coverage, and reduced parking requirements. The attached summary replaces Section II of the application dated September 4. Process Summary The Zoning Code (Title 17, Avon Municipal Code) regards Zone Change and PUD approval as separate processes. PUD approval normally includes PUD Zoning and Development Plan approval. The Town’s normal practice has been to combine rezoning and PUD approval in a single application and ordinance. The applicant, however, is requesting that the review and approval process consist of two steps: Zone Change and PUD Zoning. Lot C would be changed from TC Zoning to PUD, which would establish new limits on density, building height and bulk, parking, and allowed uses. Development Plan Approval. This would require a separate application and review process, and would define the locations, size and general design of the buildings, as well as site layout, access and circulation. The applicant 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 the Confluence (and likely include 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 Lot C at a greater density and building height than allowed under current TC zoning. VRI originally intended to follow the Town’s normal procedure for Development Plan approval in time for this year’s 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. Review Criteria Zone Changes and PUD approval are dealt with in separate sections of the Zoning Code, each with its own set of criteria for approval. Both sets of criteria are listed below, along with relevant staff comments. Where the two sets of criteria essentially ask the same questions, the staff comments are not repeated. Zone Change Section 17.28.080 lists the criteria for evaluating zone changes. Is the proposed rezoning justified by changed or changing conditions in the character of the area proposed to be rezoned? National trends in recreational tourism, transportation and land use, the maturing of Beaver Creek and Vail ski areas, the expanded Eagle County Airport, commercial development in areas west of Avon, and the increasing likelihood of a broader use of the railroad corridor, combine to support development of a more dense, urban town center. Both the Comprehensive Plan and Design Guidelines recommend 4 to 8 story buildings in the Town Center. Using current building construction methods, an 8-story building could easily be 100 feet tall, exceeding the 80 feet allowed by TC zoning. Rezoning Lot C to PUD is intended allow development of a density, massing and design that is now constrained by the existing TC zone district regulations. Is the proposed rezoning consistent with the town’s Comprehensive plan? The Comprehensive Plan envisions a Town Center that is a unified, walkable, economically diverse urban environment. The proposed development standards, including height and building massing, vertical mix of uses, increased bed base, ground-level retail and services, employee housing, and connection with the Avon Pedestrian Mall, generally support the Comprehensive Plan’s goals, policies and specific recommendations. These are discussed in more detail in the staff comments under PUD Design Criteria. Are the proposed uses compatible with the surrounding area or uses? The existing Seasons building and Avon Center building are representative of the dense, vertically mixed-use development contemplated by the Comprehensive Plan and Design Guidelines. Both buildings are relatively large, with ground-level commercial, residential and lodging uses in the upper floors and predominantly structured underground parking. Avon Center, at 98 feet, actually exceeds the allowed height in the TC zone district by 18 feet; the Seasons building is approximately 80 feet tall. All of the proposed uses are currently listed as uses by right or special review in the Town Center zone district; the proposed height and mix of uses are compatible with these surrounding structures and uses. Are adequate facilities available to serve development for the type and scope suggested by the proposed zone? The applicants have provided evidence of available facilities and services to serve the proposed development. (Exhibits C through G of the PUD Development Guide) PUD Zoning 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, the associated staff comments are 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. The Comprehensive Plan describes the Town Center as being the “most intensely developed part of town, as a true urban environment with attractive public gathering places. New development on vacant parcels, as well as redevelopment of existing uses in the Town Center will include mixed-use buildings containing retail and services on the ground floor, offices and/or residential above, and structured parking and urban amenities such as plazas and walkways. An overall pedestrian network will be developed for the Town Center, to create a truly walkable environment.” (Page 42) Relevant Goals and Policies include: Goal A1: Ensure a balanced system of land uses that maintains and enhances Avon's identity as a residential community, and as a regional commercial, tourism and entertainment center. Policy A3.5: Since undeveloped land in the Town Center is scarce, it will be developed at higher density, include a vertically integrated mix of commercial and residential uses, and rely primarily on underground and/or structured parking. Goal B 2: Establish the Town Center Area as an inviting, vibrant and safe pedestrian-oriented cultural, retail and entertainment hub Policy B 2.2: Development and redevelopment in the Town Center should effectively separate vehicles from pedestrian access and circulation. Policy B 2.3: Encourage a range of uses in the Town Center, including retail, offices, hotels, recreation, tourism, and entertainment. Policy E 1.4: 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 E 2.2: Structured parking will be incorporated in all development and major redevelopment in the Town Center. The PUD development standards proposed for Lot C are generally consistent with the density, vertical integration and diversity, and underground and structured parking contemplated by the Comprehensive Plan. The subsequent Development Plan approval should be conditioned upon the applicant entering into a master housing agreement, committing to deed-restricted employee housing. Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town. The Town Center lies within Subarea 13 of the Urban Design Plan (p. 65, 1996 Comprehensive Plan). The proposed development standards include maximum building heights of up to 120 feet, covering up to 15,000 square feet of the site; up to 100 feet, covering up to 30,000 square feet, and up to 80 feet on the balance of the site. These heights, although somewhat greater than the existing structures, are of a similar magnitude. While the proposed development standards generally conform to the recommendations of the Comprehensive Plan and the Design Guidelines, it is the Development Plan that must conform to this criterion. Review of the Development Plan will focus on critical elements such as: Buildings that "step back," from the Pedestrian Mall and other public ways, and wherever a reduced building setback is allowed, with one and two story elements adjacent those areas and taller elements further back. Development that both helps define and responds to the Pedestrian Mall as a unifying element in the Town Center. Vertically mixed uses, with ground-level commercial uses including entertainment, retail and office uses; with offices, lodging and residential uses above the ground level. Effective pedestrian circulation that provides attractive gathering areas, access to transit and structured parking, and supports walking to adjacent shopping and facilities, rather than driving from store to store. Structured, underground parking. Urban density and building site coverage. The concept massing plan included with the application depicts buildings that do not all relate well to the site or to one another. While the timeshare building generally fits the site in plan view, the proposed hotel building appears to be a standard design found in suburban settings. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. Please refer to the comments under Zone Change Criteria, # 3. This criterion will be effectively used during the Development Plan approval process, which will include a visual analysis. Additional architectural and site design review will also occur during the Final Design Review process. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. Completion of the Town Center depends upon this general scale and density of development. However, this criterion will be most effectively addressed through Development Plan approval. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. The application includes an environmental assessment of the site, including geologic hazards. 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 criterion will be addressed through Development Plan approval. 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 Town’s Transportation Plan generally anticipates the level of development proposed. However, this criterion must necessarily be applied through Development Plan approval. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. To be addressed through the Development Plan approval process, which will include a visual analysis. 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. To be addressed through the Development Plan approval process. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. Please refer to the comments under Zone Change Criteria, # 4. 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. Development Plan approval should include a traffic study to determine any improvements to the streets and roads necessitated by the increased density. Summary and Recommendations This application is for a change of zoning from TC to PUD, 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 3 to 6 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 a Zone Change and PUD Zoning, conditional or otherwise, occurs through ordinance. Staff Recommendation This application relies upon a non standard review process conducted within a relatively short time frame. While staff basically supports the proposed PUD zoning, 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. Recommended Motion I move to table the PUD Zoning application for Lot C, 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 anything in this report, please call me at 748-4014, or stop by the Community Development Department. Respectfully submitted, Michael Matzko Director of Community Development