L42 B1 BMBC PUD v2Town of Avon
Rezoning/PUD Staff Report
February 16, 1999 Planning & Zoning Commission meeting
Report date
December 20, 2019
Legal description
Lot 42, Block 1, Benchmark at Beaver Creek Subdivision
Current zoning
Industrial Commercial (IC)
Proposed zoning
Planned Unit Development (PUD) – 12 unit multi-family residential
Address
0690 Nottingham Road
Introduction
Cordevco, hired by Vail Resorts, has applied to rezone this lot from Industrial Commercial (IC) to Planned Unit Development (PUD) in order to build a 12-unit deed restricted employee
housing project. The project would consist of ten 2-bedroom units and two 1-bedroom units, and is intended to provide a portion of Vail Resorts’ employee housing recently agreed to
through the Lot C and the Confluence PUD approvals.
The site has excellent southern views and solar exposure. As the lot rises from Nottingham Road along its southern frontage, it gets increasingly steep with slopes reaching 18% to 25%.
The site is bordered on its remaining sides by the Beacon Hill and Bristol Pines condominium projects on the east and by Town-owned open space (Tract B) to the north and west.
Process Summary
This project involves both rezoning and PUD applications. Rezoning is necessary to change the parcel from its current IC zoning to PUD. The PUD review process establishes PUD Development
Standards and the site-specific PUD Development Plan.
For any proposed Rezoning or PUD, the Planning & Zoning Commission conducts a public hearing and Commission review, then forwards its findings and recommendations, along with the staff
report, to the Town Council.
Any Rezoning or PUD Development Plan requires approval by ordinance of the Town Council. After receiving the Planning & Zoning Commission’s recommendation, the Council holds a public
hearing and acts upon the proposed project. The Town Council considers the comments and evidence presented at the hearing, evaluates the application, and approves, approves with conditions
or denies the application in whole or in part.
Rezone Review Considerations
According to the Town of Avon Municipal Code, Section 17.28.080, the following evaluations shall be made in reviewing rezone applications:
Is the proposed rezoning justified by changed or changing conditions in the character of the area proposed to be rezoned?
(See review consideration #3.)
Is the proposed rezoning consistent with the town’s comprehensive plan?
The following comprehensive plan policy supports this rezoning application:
Policy A1.4: Service and light industrial uses… should be directed to terrain that supports effective vehicle access and circulation, allows effective screening from adjacent uses and
public ways.
It is likely that traffic impacts to Nottingham Road would be less from a residential project than those generated by industrial commercial uses. Specifically, the accommodation of large
trucks and customer vehicles on site and the likely need for an additional road cut. Also, Lot 42’s rezoning to a residential use would provide a buffer of open space (Tract B) between
the residential projects along Nottingham Road and the Metcalf Road Light Industrial District.
Therefore, this rezoning serves to implement the above Comprehensive Plan policy by placing a more appropriate land use than IC on this parcel.
Is the proposed use(s) compatible with the surrounding area or uses?
Rezoning Lot 42 to a residential PUD creates a more compatible land use than presently allowed by IC zoning. The Town of Avon attempts to separate potentially conflicting land uses into
different zone districts to minimize impacts. Often protective buffers separate these different zone districts, either in the form of open space or large natural and manmade features.
Yet in the case of Lot 42, an IC parcel is located directly adjacent to existing residential condominium projects. This rezoning therefore not only correctly unifies the section of
residential uses along Nottingham Road, but also provides the desired buffer between potentially conflicting land use types.
Are adequate facilities available to serve development for the type and scope suggested by the proposed zone?
Adequate facilities exist.
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.
Conformance with the Town of Avon Comprehensive Plan’s Goals and Objectives.
In addition to the Comprehensive Plan elements mentioned above to support Lot 42’s rezoning, the following is applicable to the Grand View PUD’s development plan:
Goal C2: Provide for affordable housing for permanent and seasonal residents that is attractive, safe and integrated with the community.
This project could provide affordable housing for year round employees that is both attractive and well integrated into the community. However, staff is concerned with the project’s
potential inability to effectively handle the site’s soils and drainage conditions. Please see design criteria #5.
Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town.
The project’s design reflects an alpine style compatible with one of the community’s design themes. Regarding the subarea design recommendations and guidelines, it is more appropriate
to review this project in the context of the Nottingham Road Residential District subarea. The applicable recommendations for this area include:
Reseed exposed slopes with native grasses and wildflowers.
Require new development to provide a landscape buffer adjacent to Nottingham Road and I-70.
Staff supports a strong landscape buffer along Nottingham Road. Quality landscaping along the site’s frontage not only strengthens the aesthetic of this highly visible parcel from I-70,
but also provides the project’s inhabitants with a sound and visual barrier from I-70 and Nottingham Road.
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 is generally compatible with the surrounding neighborhood in terms of its massing, height, character and orientation. It effectively captures southern solar exposure and
views. Its parking area accommodates an effective landscape buffer and offers better solar exposure than other Nottingham Road residential projects. However, again please see Design
Consideration #5 for specific site plan concerns.
Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity.
The proposed residential use and associated activities are considerably more appropriate next to the neighboring residential projects than the potential uses allowable under the current
IC zoning.
The project’s proposed 20 dwelling units per acre (du/ac) density is comparable to the Beacon Hill and Bristol Pines condominium projects’ 18.3 du/ac combined density.
Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed.
The soils in this area are extremely porous and moisture sensitive. As a result, many of the nearby existing projects have experienced foundation problems. Examining the Grand View PUD
site plan, it is clear that the project’s density and overall size leaves little room to effectively direct drainage around the structure’s perimeter. Instead, the drainage plan substantially
relies upon a catch basin and pipe system to collect water behind the structure and direct it underneath the building to the Nottingham Road ditch. This system is susceptible to blockage
by debris from the above hillside and winter snow and ice buildup. Ponding water very likely will cause foundation problems. Therefore, staff is concerned with this system’s reliance
upon human maintenance to keep the intake clear and functioning.
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 structure’s recessed garages and other architectural features along with the larger hillside behind the project should minimize the project’s perceived height and mass.
The site plan provides significantly less on-site snow storage area than the Town typically requires. Though it is likely that the project will benefit from its exceptional southern
exposure, staff believes additional snow storage is needed.
Because of drainage and snow storage concerns noted above, it is reasonable to conclude that the project is too large for the site and should be reduced in size.
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 project’s on-site maneuverability appears adequate. No pedestrian facilities exist along Nottingham Road for the project to tie into.
Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function.
The preliminary landscape plan appears generally suitable. Staff recommends, however, that landscape planters be provided adjacent to the ground level stairways to soften the convergence
of the parking lot with the building. It may also be advisable to reduce the number of trees among the northern retaining walls while increasing the number of trees along the project’s
frontage.
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 would be built in one phase.
Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection.
Adequate public services and facilities exist to accommodate the project.
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 road network is suitable to accommodate this project’s anticipated traffic.
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 & Zoning Commission.
Given the concerns for effective drainage and snow storage, the proposed setbacks do not accommodate the project’s overall size and density. All other development standards appear suitable.
Staff Recommendation
Given the limited availability of land in the upper Eagle River Valley for employee housing, this site provides a desirable and important opportunity. However, staff also believes it
imprudent to ignore the project’s potential for foundation problems due to soil conditions. Given the likely financial resources of the project’s intended inhabitants, it is safe to
assume that these
homeowners will be least able to absorb expensive structural repairs. Staff would therefore normally recommend that this project be reduced in size to better fit the site.
One possible alternative would be for the applicant to request an easement on the Town-owned Tract B for additional drainage and snow storage area. This would effecectively increase
the site area. Such an easement would require Town Council approval. There is some precedence with both the Avon Pet Center to the west and next door with the Bristol Pines condominiums.
Both of these projects were given permission to utilize Town of Avon property to facilitate retaining wall construction and off site grading.
Therefore, staff would recommend approval of the rezoning of Lot 42 from IC to PUD and of the Grand View PUD development plan only if the applicant were to request and receive approval
for an easement on Tract B to accommodate effective site grading and drainage. Without this provision, staff believes this project’s size and density are too great for the site, and
therefore should not be approved.
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