Confluence PUD 2
Town of Avon
PUD Zoning Staff Report
October 20, 1998 Planning & Zoning Commission meeting
Report date February 18, 2022
Mixed Use Planned Unit Development (PUD)
Project type
Confluence Site-Legal Description Attached
Legal description
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, on the north by the railroad right-of-way and on
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. The applicants have
lowered the building heights based on comments at the Planning and Zoning Commission public hearing
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on October 6, and recent discussions with some of the neighboring property owners.
The applicants have also drafted a development agreement for the property. The agreement would be
approved in conjunction with the PUD zoning by Council. The Development agreement commits the
applicant to providing the pedestrian overpass, conference center and employee housing units. The
agreement includes vested property rights provisions.
On October 13, 1998 Town Council approved Ordinance 98-20 to zone the property PUD on first reading.
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:
1. PUD Zoning. This establishes limits on density, building height and bulk, parking, and allowed uses.
2. 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.
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Staff Report: The Confluence PUD Zoning Review, page 2 of 8
October 6, 1998 Planning & Zoning Commission meeting
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.
1. 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 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 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
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Staff Report: The Confluence PUD Zoning Review, page 3 of 8
October 6, 1998 Planning & Zoning Commission meeting
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.
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Staff Report: The Confluence PUD Zoning Review, page 4 of 8
October 6, 1998 Planning & Zoning Commission meeting
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.
We have already discussed that the 75-foot building setback is a significant improvement over the
Town’s standard 30-foot setback. All construction will occur outside the 100-year floodplain and
wetland boundaries.
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.
2. 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 would 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
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Staff Report: The Confluence PUD Zoning Review, page 5 of 8
October 6, 1998 Planning & Zoning Commission meeting
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.
3. 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 criteria # 1
and # 2, above.
4. 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 criteria # 1
and # 2, above.
5. 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. There are no significant geologic or natural hazards.
6. 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 criteria # 1
and # 2, above.
7. 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 criteria #
1 and # 2, above.
8. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
9. 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.
10. 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. The Development agreement contains a provision that the Town and the applicant will
commission a study regarding the current water augmentation plan and provisions to augment
existing water rights if necessary.
11. 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
The applicant has revised the development standards since your last meeting. These standards are
attached. The building heights will step down from the Seasons and Lodge at Avon Center Building,
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Staff Report: The Confluence PUD Zoning Review, page 6 of 8
October 6, 1998 Planning & Zoning Commission meeting
based on measured topographical elevation. More detailed information on the existing topographic
elevation on the site needs to be provided to determine the actual building height being requested.
The development standards are as outlined in the attachment to this report. The standards are comparable
to the TC zone district including the uses proposed and setbacks. The parking standards are adjusted for
the proposed timeshares and employee units. While the proposed parking standards appear to be
reasonable, they would be best addressed by a study of parking needs for the downtown district.
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:
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The Planning & Zoning Commission conducted a formal public hearing on October 6. Although the
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public hearing has been closed, the Commission may choose to take public comment at the October 20
meeting. The Planning and Zoning Commission will make a formal recommendation on the application
at this meeting, which will be forwarded to Town Council for the second reading of the ordinance and
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public hearing on October 27.
Staff Recommendation
Staff recommends adoption of Planning and Zoning Commission Resolution 98-8, recommending
approval of the project to Town Council, subject to the following condition:
The applicants shall enter into a development agreement, which includes at a minimum, the following
commitments:
1. A second stage detailed PUD meeting the provisions of Section 17.20.110 of the Avon Municipal
Code will be required for final PUD approval for all phases of development.
2. A commitment that a pedestrian overpass to the Town Center 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.
3. A commitment to financially participate in the design and construction of a pedestrian bridge across
Avon Road to the commercial core.
4. The 100-year flood plain and wetland boundaries shall be indicated on the PUD map.
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Staff Report: The Confluence PUD Zoning Review, page 7 of 8
October 6, 1998 Planning & Zoning Commission meeting
5. Traffic Study to be approved by the Town no later than the first phase of development.
6. 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 including a 3 percent appreciation cap.
7. Applicant agrees to participate financially in a downtown plan.
8. Second Stage PUD development will incorporate recommendations of the downtown plan, to
the extent they are feasible.
9. Buildings shall be stepped down to the riverfront or otherwise protect the integrity of the
river corridor in conformance with the Comprehensive Plan and the Downtown Design
Guidelines and recommendations of the proposed Downtown plan.
10. The site be served be a gondola and/or funiculars to the extent that studies indicate these are
feasible.
11. Building height shall not exceed 80 feet, using the Town’s current method of measuring the
building height. Any modifications can be reviewed in conjunction with the Downtown Plan
and the step 2 PUD process based on the visual analysis of site specific plans.
12. The current Town parking requirements shall be the parking requirements for the PUD.
Modifications can be reviewed in conjunction with the proposed Downtown plan.
13. A play area (tot lot) shall be provided for hotel guests and children living in the employee
units.
14. Land dedication for the school site should conform to the Town’s requirements in Title 16 of
the Avon Municipal Code.
Recommended Motion
I move to adopt Resolution 98-8, recommending approval of PUD zoning of the Confluence site, subject
to the conditions outlined in the resolution. 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
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Staff Report: The Confluence PUD Zoning Review, page 8 of 8
October 6, 1998 Planning & Zoning Commission meeting
Michael Matzko
Director of Community Development
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