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PZC Packet 041613Staff Report - Minor Design and Development Plan N AV April 16, 2013 Planning & Zoning Commission Meeting0 l� Report date April 12, 2013 Project type Residential Construction — Multi -family Legal description Lot 46, Block 1, Benchmark at Beaver Creek Subdivision Zoning Residential Low Density (RLD) Address 420, 438, & 44o Nottingham Road in Prepared By Jared Barnes, Planner IIY Summary of Requests The Applicant, Olen Harston with Interstate Restoration, and the Chambertain Townhomes HOA have submitted a Minor Design and Development application to add an enclosure to the eastern side of the building containing Units 5-8, Modify the deck railings, and modify the existing building colors on Lot 46, Block 1 of the Benchmark at Beaver Creek Subdivision, also described as 420, 438, & 44o Nottingham Road (the Property). Background and Process In May of 2012 a structure fire occurred completely destroying a Chambertin Townhome structure containing Units 5-8. In August 2012, the PZC reviewed and approved a Major Design and Development Plan to allow for the reconstruction of the destroyed building. One of the conditions of approval was: 1. Prior to a TCO, the applicant propose revised color schemes for the three (3) buildings of the Chambertin Townhomes complex; This application proposes to address that condition along with other desired modifications, some of which will only be applied to the building containing Units 5-8, while others will be applied to the all the buildings. Property Description The Property contains three (3) separate 4-plex townhome structures with the total lot area measuring 1.753 acres. The Property was subdivided into three (3) filings for each building and for the remainder of this report the term "The Property" will refer to only Filing No. 3. The Property slopes downhill from north to south with a driveway and parking lot to the north of the units and retaining walls south of the unit abutting Nottingham Road. The property contains irregular setbacks as the Plat for Lot 46 indicates a twenty foot (20') building setback from Nottingham Road to the west and it transitions to a twenty-five foot (259 setback as it hits the eastern property line. The Property contains easements of ten feet (10') on the rear property line and seven and one-half feet (7.59 on the east side property line. Planning Analysis The first of the proposed changes, construction of a water entry closet, will only apply to the building containing Units 5-8. When the building was destroyed by fire, the Town of Avon Building Official required the new building to be fire sprinkled. In order to allow for its installation and access for maintenance, the Applicant requested a new water entry closet be constructed on the east side of the building. The water entry closet will measure approximately four feet (4') wide by six feet (6') tall by sixteen inches (16") deep (Exhibit D). The closet will have a sloped shingled roof and wood siding to match the materials used elsewhere on the building. April 16, 2013 PZC Meeting — Lot 46, Block 1, BMBC — Chambertin Townhomes Modifications The second of the proposed changes is the modification of windows and doors on the south side of the building. The new windows and doors will match materials already used on the building (Exhibit D). The third of the proposed changes is to modify the wooden deck railings to a metal deck railing system. This modification will apply to the building under construction immediately, but will apply to the remaining building by the end of next year. The proposed modification will keep the wooden posts and put a metal sleeve around them. The pickets and railings will all be made of a metal material and finished with a bronze color (Exhibit B). The final of the proposed changed is a modification to the exterior colors for the Property. Like the previous modification, this will only be applied to the building under construction immediately, but is planned to be applied to the remaining buildings by the end of next year. Exhibit C illustrates the proposed colors as follows: Siding - "Sandy Ridge Taupe" (SW 7535); "Messenger Green" (SW7740); Trim - "Kaffee Tan" (SW 1111). §7.28.090(c)(3)(v) states, "Indigenous natural or earth tones, such as brown, tan, grey, green, blue, or red, in muted, flat colors with an LRV (Light Reflective Value) of sixty (60) or less are required." Staff has determined that the proposed color scheme meets this requirement. Review Criteria §7.16.o8o(f), Development Plan (1) Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; (2) Evidence of substantial compliance with the §7.16.o9o, Design Review. (3) Consistency with the Avon Comprehensive Plan; (4) Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; (5) Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; and (6) That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services. §7.16.ogo(f), Design Review (1) The design relates the development to the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole; (2) The design meets the development and design standards established in this Development Code; and (3) The design reflects the long range goals and design criteria from the Avon Comprehensive Plan and other applicable, adopted plan documents. Staff Recommendation Staff recommends approving the Minor Design and Development application for the Chambertin Townhomes on Lot 46, Block 1, Benchmark at Beaver Creek Subdivision with the following conditions: 1. The railings and color change for the remaining two buildings, shall be completed by the end of 2014 And with the following finding: April 16, 2013 PZC Meeting — Lot 46, Block 1, BMBC — Chambertin Townhomes Modifications 2 The proposed application was reviewed pursuant to §7.16.o8o(f), Development Plan, and §7.16.ogo(f), Design Review, and was determined to be compliant with the review criteria. Exhibits A: Vicinity Map B: Railing Details C: Colored Elevations D: Plan Sets April 16, 2013 PZC Meeting — Lot 46, Block 1, BMBC — Chambertin Townhomes Modifications Exhibit A �••,, !� Vicinity Map - Lot 46, Block 1, BMBC b { �s �isR�. iit•Y`•�' 'T •..o .yp asy" �,. ip4 MiyA { .. � ,t.•. .s - .%W ♦r y .. ,.S)Al�i �X Me�Y.fri' � t�LM �_. it � � f•_ ��• `Alm * +e .� , s �i1 `i}a'�:sa•im ` +��,� iT* s%'ai•t�"'•4,+`� a♦'„,� r f'Y r' ♦ � � • {y�+t.. • 6 � � b�♦�•� �¢ �� y � vg d' ��.fY,yj� wv AWL •s � �i`' y "�t�t�p,,'+��b� � l it �r%�� +i' � ��' �t`� �• � !7 T • NX '°'¢ a heti re" �}i'i«•� * F • *{, 4 ry} k �t *a a°,?♦ r p« r, «b i :s A •i't - 'af.30- V% Ar 'i"TY ,,♦M • . ea, 4L 'V TljNG - „x m Teva nmp wPa P)Pd)PSA by tliT CanmunMOntl9#^ertlfMWirmn�t Ueedtlus ry. ibadtl Be .Q Gl�•�Y+Pos••aill' ram dAwP •b•a aNWrM th naasrry d tle• 6�# evlbaiatl ber•k oo•�m b. ca.m)riY o.,wx�-�a.roaw.m�m� S rA yT•- ♦ Property Boundaries r e Feet 0 75 150 Lam_` rF- • Mn I = �I err,. 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AVON, COLORADO 81620 ��IIIIII�� o oo�o z Staff Report — Final PUD Amendment April 16, 2013 Planning & Zoning Commission Meeting Report date April 12, 2013 Project type PUD Amendment Legal description Lots 1, Brookside Park PUD, Eaglewood Subdivision Zoning Planned Unit Development (PUD) Address 37347 Highway 6 & 24 Prepared By Jared Barnes, Planner II Introduction Rick Pylman of Pylman & Associates, the Applicant, representing Riverview Park Associates, the Owner, is requesting a Planned Unit Development (PUD) amendment to modify the allowed uses to include up to twenty-four (24) residential dwelling units (The "Application") on Lot 1, Brookside Park PUD, Eaglewood Subdivision (the Property). The application is being processed as a Preliminary PUD amendment. Attached to this memo are a Vicinity Map (Attachment A), Brookside Park PUD Amendment Application (Attachment B), Town Council Finding of Fact for Preliminary PUD Amendment (Attachment C), Public Input (Attachment D), Draft PZC "Finding of Fact, Record of Decision, and Recommendation" (Attachment E). Application Process 07.i6.02o, AMC) Public Notification In order to comply with the Public Hearing and pertinent noticing requirements, a mailed notice was provided to all property owners within 300' of the property. In addition, a notice was published in the Vail Daily newspaper on Friday, April 5, 2013. Public Hearings The PZC is holding its first public hearing at the April 16th, 2013 meeting. Staff will take the PZC recommendations on the Final PUD Amendment to the Town Council for Final Action. PUD Process The Brookside Park PUD amendment is being processed as a Preliminary PUD Amendment and subsequent Final PUD Amendment. During the Fall of 2012, the Town processed a Preliminary PUD Amendment for the subject property. The Preliminary PUD Amendment included two (2) public hearings before the PZC and three (3) public hearings before the Town Council. The Application is for a Final PUD Amendment. Background The Brookside Park PUD was approved via Ordinance 96-8. The Brookside Park PUD allowed the development of forty-six (46) dwelling units and 30,000 square feet (sq. ft.) of commercial space. The PUD development plan and accompanying plat subdivided the parcel into three (3) lots. Lot 1 consists of the Brookside Center office building, which contained the entirety of the allowed commercial square footage, as well as the pool and hot tub amenities for the entire PUD. Lot 2 comprised of the Lodge at Brookside Park, which was to be developed with thirty-two (32) multi- family dwelling units. Lot 3 included the Townhomes at Brookside Park and was developed with April 16, 2013 Planning and Zoning Commission Meeting Page I 1 Lot 1, Brookside Park PUD Amendment — PUBLIC HEARING fourteen (14) townhome dwelling units. A regional trail and associated easement along the Eagle River was provided as a public benefit with this approval. The Brookside Park PUD was first amended via Ordinance 97-3 which increased the total allowed dwelling units from forty-six (46) to fifty-four (54) and the maximum height for Lot 2 from sixty (6o) feet to sixty-three (63) feet. The additional units were added to Lot 2 increasing from thirty-two (32) condominium units to forty (40) condominium units. The amendment included a public benefit of a four (4) foot wide sidewalk along the southern property line from the site entrance on Highway 6 to the eastern property line and then along CDOT right-of-way to W. Beaver Creek Blvd and three (3) deed -restricted housing units. The Brookside Park PUD was amended a second time via Ordinance 97-13. This amendment included "restaurants" as an allowed use for Lot 1. The Brookside Park PUD was amended a third time via Ordinance 10-04. The amendment only pertained to Lots 2 and 3 and modified the PUD to include "short term rentals" as a use by right. The attached application document (Attachment B) includes the original PUD including the two (2) 1997 amendments (Ordinances 97-3 and 97-13) as well as the proposed PUD amendment. Proposed PUD Amendment The Application proposes to amend the PUD to allow future flexibility to convert a portion or all of the Brookside Center office building to residential dwelling units. The application proposes a maximum of twenty-four (24) dwelling units in a loft style consisting of two (2) and three (3) bedroom configurations. The amended PUD Guide (Attachment B) includes the above mentioned modifications as well as other minor amendments, as discussed below. Within the first few paragraphs of the proposed PUD, the applicant has modified language to: (1) correct the legal description; (2) update the total allowed dwelling units to include the requested twenty-four (24) additional units; and, (3) include residential in the intention of the PUD. The first substantive amendment is the inclusion of Short Term Rentals as an allowable use by right. This inclusion formalizes and expands upon Ordinance 10-04, as it only applied to Lot 2 and 3. The uses by right are limited to Multi -Family dwelling units and Short Term Rentals, while timeshares and other forms of interval ownership are not allowed. The next amendment is the inclusion of Section I. This section provides a maximum density allocation per lot for the Brookside PUD. As exhibited in this section, Lot 1 is allocated twenty-four (24) dwelling units, Lot 2 is allocated forty (4o) dwelling units, and Lot 3 is allocated fourteen (14) dwelling units. To better link this with the mixed use development option, Staff recommends that Section I(i), include a caveat that the maximum density is subject to Section J. The final amendment is the addition of Section J. This section provides parameters for how the existing Brookside Center building may convert to partial residential or completely residential. As stated in the proposed PUD guide, Brookside Center would be limited to the following options if this application is approved: 1. Up to 30,00 sq. ft. of useable commercial space; 2. A residential building of up to 24 dwelling units; or, 3. Commercial on the first floor and residential on the second floor. April 16, 2013 Planning and Zoning Commission Meeting Page 1 2 Lot 1, Brookside Park PUD Amendment — PUBLIC HEARING Preliminary PUD Amendment As discussed previously in this report, the process for the Application is two (2) steps: Preliminary PUD Amendment; and, Final PUD Amendment. The Application is predicated on the previous approved Preliminary PUD Amendment, which was approved by the Town Council pursuant to their Finding of Fact (Attachment C). This approval allowed the Applicant to progress to the Final PUD Amendment process and submit the Application. The Town Council made findings related to the review criteria and public benefit as presented in Attachment C and also included conditions of approval as stated below: (a) The proposed PUD Guide be amended to limit the number of residential units allowed to sixteen (16) only in the instance the second story converts to residential uses, while the first floor remains commercial. (b) The proposed PUD Guide section H be amended to clarify the requested maximum density of seventy-eight (78) dwelling units. (c) A majority of the parking row adjacent to the southerly property line be the first section of parking removed and landscaped with a full conversion from Commercial office to Residential uses. The Application substantially complies with the Preliminary PUD Amendment application. The only modifications from that application were to addresses the conditions of approval from the Town Council and none of which materially alter the application. Staff Analysis Staff supports the above mentioned amendments as they provide greater clarity to the allowed uses throughout the PUD as well as provide strict density allocations to each Lot. The inclusion of Section J also assists in clarifying how Lot 1 would transition to include residential uses. Staff is of the opinion that the amendment from commercial uses to residential uses will result in a reduced impact on the neighboring properties as well as the Town as a whole for the reasons discussed below in this report. First, the proposed modifications will ultimately result in a reduction in required parking due to the less restrictive requirements of residential land uses. The chart below outlines the parking provided as of today, while also depicting the required parking for the mixed-use building option and the full residential building option. April 16, 2013 Planning and Zoning Commission Meeting Page 13 Lot 1, Brookside Park PUD Amendment — PUBLIC HEARING Full Commercial Building 15t Floor Commercial/ 2nd Floor Residential Full Residential Building Parking • 120 (t7a 4 per • Commercial: 6o (@a 4 per 54 (@a 2 per unit + 6 guest Required 1,000 SF); 1,000 SF); spaces) • 90 ([7a 3 per i,000 • Residential: 37 (@a 2 per unit + SF) 5 guest spaces) • Total: 97 spaces Parking 122 spaces (35 • 97 spaces (35 garage • 54 spaces (35 garage Proposed garage + 87 surface remaining) remaining) spaces) • 27 surface spaces converted • 68 surface spaces converted to a landscaped area to a landscaped area. April 16, 2013 Planning and Zoning Commission Meeting Page 13 Lot 1, Brookside Park PUD Amendment — PUBLIC HEARING As seen in the above table, the applicant is indicating that when a conversion occurs some of the existing surface spaces will be removed and replaced with a landscaped area or pocket park. The Application has be revised from Preliminary PUD review to indicate that the row of parking adjacent to Highway 6 will be either mostly removed or removed in its entirety depending on the conversion scenario and as exhibited in Attachment B. In either instance, the current provided parking is sufficient to allow a conversion of uses to occur on the site and reduce the overall need for parking spaces. Second, as exhibited by Attachment B, the conversion from commercial office to residential uses will reduce the traffic demand on the property. An analysis performed by Gary Brooks, Alpine Engineering, states that a reduction in overall traffic volume will occur from one hundred and one (101) to thirty-five (35) vehicle trips per day. He also quantifies the reduction in average vehicle trips per day for AM and PM Peak Hours. In summary, the impact on traffic is less for residential uses than for commercial uses. Third, a conversion from commercial uses to residential uses will result in a reduced need for attainable housing. Section 7.20.1oo, Employee Housing Mitigation, sets forth the formulas for calculating attainable housing requirements based on types of development, such as commercial, lodging/hotels, and residential/property management. Although this section of code pertains to increasing the site coverage for various mixed-use and commercial zone districts and does not apply to a PUD amendment, it provides a comparison on the intensity of uses with regard to housing needs and employee generations. As is exhibited in the table above, a reduction in commercial square footage has a direct result in a reduced need for attainable housing. The existing commercial building would create the need for four (4) attainable housing units, while the partial conversion would only create the need for two (2) April 16, 2013 Planning and Zoning Commission Meeting Page 14 Lot 1, Brookside Park PUD Amendment — PUBLIC HEARING Full Commercial ist Floor Commercial/ Full Residential Brookside Park Building 2nd Floor Residential Building PUD Size of 30,000 SF 15,000 SF and 16 Units 24 units 78 units Development Jobs (30000*2.8)/l000 (15000*2.8)/loon = 42 (24*0.4) = 9.6 Jobs (78*o.4) = 31.2 Generated = 84 jobs Jobs Total of 48.4 Jobs Employees (84/1.2) = 70 (48.4/1.2) = 40.33 (9.6/1.2) = 8 (31.2/1.2) = 26 Generated Employees Employees Employees Employees Households (70/1.8) = 38.88 (40.33/1.8) = 22.41 (8/1.8) = 4.44 (2611.8) = 14.44 Generated Households Households Households Households Units (38.88*o.1) _ (22.41*0.1) = 2.24 Units (4.44*0.1) = 0.44 (14.44*0.1) _ Required 3.88 Units Units 1.44 Units As is exhibited in the table above, a reduction in commercial square footage has a direct result in a reduced need for attainable housing. The existing commercial building would create the need for four (4) attainable housing units, while the partial conversion would only create the need for two (2) April 16, 2013 Planning and Zoning Commission Meeting Page 14 Lot 1, Brookside Park PUD Amendment — PUBLIC HEARING units and the full residential conversion would create the need for zero (o) units. Furthermore, if the same formulas were applied to the entire Brookside Park PUD the total seventy-eight (78) units would require only a single attainable housing unit. As stated previously in this report, the applicant has already provided three (3) deed restricted housing units, which exceeds the amount required by the formula in the Municipal Code. The proposed modification will result in a need for additional water rights. Currently, the Brookside Center building is allocated ten and three -tenths (10.3) single family equivalents (SFE). If the entire building converts to twenty-four (24) dwelling units as proposed, the building will need twenty-four (24) SFEs. If the project contains both commercial and residential uses, the SFE requirement will be more complicated to calculate, but will likely result in a need for additional SFEs in an amount less than the full conversion option. The applicant will be required to provide proof of sufficient water rights, through either dedication or payment -in -lieu from the Upper Eagle Regional Water Authority (UERWA) prior to any issuance of a building permit for conversion to residential uses. Staff has reviewed the public comment received from the Eagle River Fire Protection District (ERFPD). The Applicant has acknowledged that a review of the fire alarms and fire sprinklers will be addressed during a building permit process. Staff has determined that the permissible uses pursuant to the PUD Guide would not allow an industrial application, therefore the second concern is inapplicable. Review Criteria - PUD Pursuant to §7.16.06o(e)(4), Review Criteria, AMC, the PZC and Town Council shall consider a number of review criteria when evaluating this application. The following criteria must be considered when forming the basis of a recommendation or decision on a PUD plan: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Staff Response: The stated purposes of §7.04, Development Code, AMC, and §7.16.o6o, PUD, AMC, include statements regarding the implementation of the Comprehensive Plan; regulating intensity of use; avoiding increased demands on public services and facilities; and provide for compatibility with the surrounding area, among other statements. PUD zoning by nature of its composition inherently affords opportunities to provide creative site design and planning. The proposed amendment provides flexibility going forward as it allows for both residential and commercial uses, but provides a set amount of commercial square footage and maximum number of residential units. This amendment to this zone district brings the standards more in line with mixed-use districts that allow both commercial and residential uses. During the Preliminary PUD review the Town Council determined through their recommendation (Attachment C) that the Application confers a substantial benefit to the Town: by lessening the impact on the need for attainable housing; the reduction is surface parking and its replacement with landscaped areas; and that the previously provided public benefits: three (3) deed restricted units; a regional trail April 16, 2013 Planning and Zoning Commission Meeting Page 15 Lot 1, Brookside Park PUD Amendment — PUBLIC HEARING and associated easements; and, a sidewalk along the southern property line, were sufficient for the PUD. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: The Application does not negatively affect the public health, safety and welfare. The inclusion of residential uses modifies the Brookside Center building to become more compatible with the immediately adjacent multi -family residential uses. (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.i6.o6o(b); Staff Response: The proposed PUD amendment appears to meet all of the eligibility criteria as outlined in §7.16.o6o(b). §7.16.o6o(b)(5), Public Benefit, states: "A recognizable and material benefit will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be infeasible or unlikely." As was previously discussed in Review Criteria #1, the Town Council determined during the Preliminary PUD that substantial public benefits were already provided. Furthermore, the determination of the PZC and Town Council was the Application actually reduced the impacts on the property. The Avon Comprehensive Plan includes this property within District 20: River Residential District. It is a low priority district and some of the planning principals include: • Encourage redevelopment to take into consideration the objectives of the Eagle River Watershed Management Plan including river setbacks and best practices for development in proximity of the river; • Encourage the further connection and enhancement of the ECO Trail; • Plant indigenous trees and shrubs to screen existing large residential buildings along US Highway 6 and provide landforms and landscaping between residences and US Highway 6; • Enhance the pedestrian experience by adding sidewalks along all roads on the valley floor. The current development and PUD takes into consideration these planning principals. The previous PUD establishment and amendments provided a development plan that included a regional trail along the Eagle River, a sidewalk along the southern property line, and a development configuration that responded to the river and adjacent properties. The Future Land Use map included in the Comprehensive Plan identifies Lot 1 as "Neighborhood Commercial". The intent of this district is to allow for a mix of residential, small-scale neighborhood serving commercial and civic uses. It specifically states that townhouse and multi- family units are allowed within this district. The dimensional standards do not specify a maximum density or units per building, but the subsection discussing water rights dedication identifies seven and one-half (7.5) dwelling units (DU) per acre. The PUD amendment proposes eleven and four -tenths (11.4) DU/acre, which exceeds the maximum density for the NC district. The zoning code allows maximum densities as follows: Residential Low Density (RLD) — seven and one-half (7.5) DU/acre; Residential Medium Density (RMD) — fifteen (15) DU/acre; Residential High Density (RHD) — twenty (20) DU/acre; Residential High Density Commercial (RHDC) — twenty (20) DU/acre. As seen the proposed density falls within the RMD district and is less than the previous zoning on the property, RHDC. Furthermore, it is compatible with the surrounding properties' density, as follows: Sunridge Phase 11 — approximately twenty (20) DU/acre; Lodge at Brookside — thirty-three (33) DU/acre; and, Townhomes at Brookside — eleven (11) DU/acre. April 16, 2013 Planning and Zoning Commission Meeting Page 16 Lot 1, Brookside Park PUD Amendment — PUBLIC HEARING Following is a list of Goals and Policies from the Comprehensive Plan to consider when reviewing in light of this amendment request: Goal Ci. Provide a balance of land uses that offers a range of housing options, diverse commercial and employment opportunities, inviting guests accommodations, and high quality civic and recreational facilities, working in concert to strengthen Avon's identity as both a year-round residential community and as a commercial, tourism and economic center. Policy C.2.1. Promote a wide range of residential uses including single family, duplex, multifamily, and vertically integrated residential units (housing on the upper floors of missed - use buildings) throughout the town. Policy D.2.3. Improve the streetscape along US Highway 6 to strengthen Avon's overall community image and to stimulate future development and redevelopment by providing a more attractive and cohesive street edge. Policy E.1.2. Permit home occupations and live/work opportunities where there is minimal negative impact to the neighborhood to reduce traffic/commuting impacts in the community and provide affordable options for local entrepreneurs. Staff Response: The proposed PUD amendment will increase the opportunities for housing options by allowing an additional twenty-four (24) multi -family dwelling units as well as guest accommodations through the inclusion of Short Term Rentals as an allowed use. The lack of inclusion of Timeshare uses, will ensure that these units are wholly owned and could increase their potential for year-round residents. The allowance for conversion of the second story to residential uses, while maintaining the commercial uses on the first floor, will create the vertically integrated residential units discussed in Policy C.2.1. As stated previously in this report, the conversion from commercial uses to residential uses will result in a reduction in required parking and the Application proposed to reduce the amount of surface parking and return some of the area to a landscaped state, specifically along US Highway 6. Although the PUD amendment doesn't commit to a specific live/work design, the allowance for the second story residential units with the ground level commercial office provides an opportunity for live/work scenarios. (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; Staff Response: As proposed, the PUD amendment has no effect on most services. As mentioned previously in this report, Staff believes additional water rights will be required to adequately serve the Property when a conversion to residential units begins. (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; Staff Response: The property was rezoned in 1996 from Residential High Density Commercial (RHDC) to PUD. Ordinance 96-8 clearly states that the RHDC zoning and any of its associated development rights were eliminated with this rezoning, therefore no underlying zoning exists. When compared to the existing PUD, the proposed PUD amendment will not result in any adverse impacts upon the natural environment as setbacks from the Eagle River have been established April 16, 2013 Planning and Zoning Commission Meeting Page 17 Lot 1, Brookside Park PUD Amendment — PUBLIC HEARING and are preserved. In addition, the reduction of asphalt and increase of landscaped area should reduce the demand on the storm water management that exists on the property. (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and Staff Response: The approval of the PUD amendment would reduce any adverse impacts that commercial office has on adjacent residential properties. In addition, the increase in residential uses is consistent with adjacent properties including: Lodge at Brookside Park, Townhomes at Brookside Park, and Sunridge Condominiums. (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Staff Response: As proposed, the Application will either increase the compatibility with uses or potential future uses on other properties in the vicinity, or will result in no change to uses as currently exist. Staff Recommendations If the PZC is satisfied with the Final PUD Amendment application and its conformance with the Preliminary PUD Amendment application and the review criteria, they should APPROVE the Draft PZC "Findings of Fact, Record of Decision and Recommendation" (Attachment E). Attachments A: Vicinity Map B: Application Materials C: Town Council approved "Findings of Fact" D: Public Comment E: Draft PZC "Findings of Fact, Record of Decision, and Recommendation" April 16, 2013 Planning and Zoning Commission Meeting Page 18 Lot 1, Brookside Park PUD Amendment — PUBLIC HEARING qf"Fuc1 Atttachment B BROOKS I DE PARK A NavarroLowrg E C O P L E X Project PUD AMENDMENT FINAL APPLICATION Atttachment B Prepared For: Riverview Park Associates, Inc. 37347 US Highway 6 Avon, Colorado Prepared by: Pylman & Associates, Inc. 137 Main Street C107W Edwards CO 970-926-6065 Sherman & Howard L.L.C. 37347 US Highway 6 Brookside Park Suite 210 Avon, Colorado January 2013 Atttachment B TABLE OF CONTENTS 1.0 Introduction 1 2.0 Summary of PUD Changes 3 3.0 Avon Comprehensive Plan 5 4.0 PUD Intent & Eligibility 5 5.0 PUD Review Standards 5 6.0 Subdivision Review Criteria 7 7.0 Summary 8 Appendices Existing approved PUD Guide Proposed Revised PUD Guide Existing Approved Site Development Plan Conceptual Proposed Site Plan — Partial Conversion Conceptual Proposed Site Plan — Full Conversion Existing approved Final Plat Conceptual Residential Unit Layout Atttachment B Introduction/Description of Request Brookside Park is a mixed use office and residential campus located at 37347 US Highway 6 in Avon, Colorado. The Town of Avon approved Brookside Park as a PUD in 1996 via Ordinance # 96-8. The approved Site Development Plan consists of three separate development parcels. The Townhomes at Brookside Park ("Lot 3") consists of 14 townhome units with individual garage bays and additional surface parking. The Lodge at Brookside Park ("Lot 2") includes 40 condominium units with underground and surface parking. Brookside Center ("Lot 1") is a 30,000 square foot two story professional office and retail building with underground and surface parking. All three buildings share a common access point off of US Highway 6. The access point is located on the Brookside Center parcel. An easement allows access across this parcel to the Lodge and Townhomes parcels. The purpose of this PUD Amendment is to revise the Brookside Park PUD in a manner that would allow future flexibility to convert the Brookside Center office building to a residential use of up to twenty-four dwelling units. No change is proposed to either the Lodge or Townhomes parcels. Riverview Park Associates, Inc. ("RPA") was the original developer of the Brookside Park project and has maintained ownership of the Brookside Center office building since its construction fifteen years ago in 1997. At that time, there was a lack of new Class "A" office space in Avon and the Brookside parcel offered an opportunity for new construction of a modern office building. Originally envisioned as an office and retail complex, the retail uses never materialized while the office space has been successful. Since 1997, a significant amount of new office space has been built in the core areas of Avon and Edwards and the competition for Class "A" office space has resulted in varying levels of demand for office space in the Brookside Center building. This proposal would amend the existing Brookside Park PUD to create the opportunity, if desired, to convert the existing 30,000 square foot office building into a loft style residential building of up to 24 dwelling units. The proposed amendment only considers the following use mix possibilities; a) all current allowed uses of retail and office, b) all residential or c) current allowed uses of retail and office on the first floor and residential on the second floor. A Town of Avon PUD Amendment and a Major Subdivision process is required to obtain approval for this proposed change to the PUD. In accordance with the Avon Development Code, these applications may be reviewed concurrently under one application that addresses the information requirements of each individual application. The PUD Amendment process is a two-step process that includes a PUD Preliminary Plan as the initial step and a PUD Final Plan as the second part of the process. Brookside PUD 2012 1 Atttachment B In October of 2012 the Town of Avon Town Council approved a combined PUD Preliminary PUD Amendment and Major Subdivision application for the Brookside Park PUD. The PUD Preliminary Plan application was approved with three conditions that have been addressed within this PUD Final application: a) The proposed PUD Guide be amended to limit the number of residential units allowed to sixteen (16) only in the instance the second story converts to residential units, while the first floor remains commercial. b) The proposed PUD Guide section H be amended to clarify the requested maximum density of seventy-eight (78) dwelling units. c) A majority of the parking row adjacent to the southerly property line be the first section of parking removed and landscaped with a full conversion from Commercial office to Residential uses. This application and the information contained herein have been designed to address the requirements of Final PUD and Subdivision applications. The only subdivision action that would be associated with this PUD proposal is a condominium map, if and when the residential conversion is completed. No external lot lines or internal parcel lines would be altered. There is one significant change to this Final PUD application from the approved Preliminary PUD application. In order to address the Town of Avon desire to eliminate some of the Brookside parking along Highway 6 and still meet the Town of Avon parking requirements, additional restrictions have been added to the partial conversion scenario. Under the partial conversion scenario, the applicant is proposing that the sixteen units allowed would be further restricted to eight studio units and eight one - bedroom units. This reduces the overall parking requirement of the partial conversion to an amount that would allow removal of most of the existing parking east of the property entrance along Highway 6. A conceptual residential floor plan has been included in this application for purposes of understanding how the full residential conversion may be achieved. There will be very little physical change to the Brookside Center property associated with this amendment. The current commercial parking provision of 4 spaces per 1000 square feet of commercial will result in an excess of parking under a residential conversion. The residential parking demand is generally less, on a square footage basis, than the commercial parking demand. An area of existing parking in front of the Brookside Center and Lodge buildings would be converted to a landscape yard area and plaza under the residential conversion scenario. Detailed parking calculations are presented later in Brookside FUD 2012 2 Atttachment B this application narrative. Conceptual site plans indicating how this landscape opportunity may be realized, for both the partial and full conversion scenario, have also been included with this application. The common area and landscaping associated with the Brookside Center building will be maintained by the building owners association. Minor architectural revisions to the building would occur with the residential conversion. The architectural and landscape revisions would be properly addressed through the Town of Avon design review process. Summary of PUD Guide Changes The approved Brookside Park PUD Site Development Plan details the approved and allowed site development standards for Brookside Park. The following section describes these site development standards and compares them to the proposed amendment. Intention The listed intention of the Brookside Park PUD is to ""provide for an architecturally integrated mixed use residential and commercial campus with appropriate uses, development standards and regulatory controls." The proposed concept remains in compliance with this overall intent. To amend the PUD to allow for the potential conversion of the Brookside Center office space to residential, the above written intention would be amended as follows: The intention of the Brookside PUD is to provide for an architecturally integrated residential or mixed use residential and commercial campus with appropriate uses, development standards and regulatory controls. Allowable Uses -Residential The approved plan lists townhomes, condominiums and apartments as allowable uses and does not categorize these uses by separate parcel. This may be interpreted to clearly state that residential uses are already allowed on the Brookside Center parcel and does not require any amendment. Allowable Uses — Commercial The approved Site Development Plan lists professional offices, restaurant and retail furniture, home furnishing, architectural products, appliances, antiques and art stores as allowed uses in Building A — Brookside Center. The approved site plan shall be amended to state that Brookside Center shall allow the above listed uses and/or up to 24 dwelling units. Development Standards The maximum residential density of the current approved plan Brookside Park PUD is 54 units. As currently constructed the density is allocated as 14 townhouse units to The Townhomes at Brookside Park and 40 units to The Lodge at Brookside Park. An Brookside PUD 2012 3 Atttachment B additional 24 dwelling units must be added to the overall density and allocated to the Brookside Center parcel. This will result in a new total density of 78 dwelling units. The maximum building height of 60 feet does not require any amendment. The conversion of office space to residential will be able to take place well within this existing height limit. Existing building setbacks as written in the PUD Site Development Plan are 25 feet to the front (street), 7.5 feet to the side property line, 10 feet to the rear and thirty feet to the Eagle River. Property lines are defined as the exterior boundary of the approved Site Development Plan and not to interior parcel boundaries. There is no issue with the existing setback requirements with this revised PUD. There is room to expand/add building balconies around most of the Brookside Center building. Maximum site coverage for the PUD is currently listed at 50%. This requirement may remain unchanged within the revised PUD Guide. The minimum landscape area requirement is 20% of the overall site area. This requirement may also remain unchanged within the revised PUD Guide. Parkin The current parking requirements for the Town of Avon as they apply to Brookside are as follows: Commercial — General commercial 4 per 1000 sq. ft. Restaurant — 1 per 60 sq. ft. of seating area Office is 3 per 1000 sq. ft. Residential 2 per unit plus guest, Guest -2 for 3-5 units 3 for 5-10 units 4 for 11-15 units 5 for 16-20 units 6 for 21-25 units 7 for 25 units +1 for every additional 5 units. The existing Brookside Center office building is in full compliance with the current parking requirements. There are 87 surface and 37 underground parking spaces associated with the building, for a total of 124 parking spaces. The partial residential conversion scenario of first floor commercial and sixteen units on the second floor, with size restrictions placed on the units, will result in a parking demand of 89 parking spaces. The sixteen unit plan would be restricted to eight studio units and eight one bedroom units. This allows 35 existing parking spaces available for conversion to landscape area. Brookside PUD 2012 4 Atttachment B The full residential conversion to twenty-four units would create a parking demand of only 54 parking spaces. Conceptual site plans have been developed for each scenario that shows how the surplus parking spaces would be converted to landscape area. Final design landscape plans would be developed for the required design review process, if and when a conversion would take place. A small number of parking spaces above the minimum requirements may be maintained. Avon Comprehensive Plan The Avon Comprehensive Plan Future Land Use Map indicates the Brookside Park area as residential for the Townhomes and Lodge building and neighborhood commercial for the Brookside Center parcel. The "Future Land Use Map" reflects the current uses. The Avon Comprehensive Plan details localized sub -districts within the community. Brookside Park is located within District 20: River Residential District. The proposed amendments to Brookside Park are in harmony with all of the identified planning principles for Planning District 20. The Town of Avon Planning Commission and the Town Council each found the PUD Preliminary Plan application to be in conformance with the Avon Comprehensive Plan. There is no change to this PUD Final application that should alter that finding. PUD Intent & Eligibility The Avon Development Code includes sections on PUD intent and eligibility. The Brookside Property was designated as a Planned Unit Development in 1997, well before the current Development Code was adopted. However, the existing Brookside property and the proposed amendment is in full compliance with Section 7.16.060,(a), 1 through 9, which describes the intent of a PUD. The existing Brookside Park and the proposed amendment are also in full compliance with Avon Development Code Section 7.16.060 (b), Eligibility Criteria. PUD Review Standards The Avon Development Code Section 7.16.060(e) 4 details criteria that shall be considered by the PZC and Town Board as a basis for their recommendation or decision for a new PUD. The following criteria must be met by any new PUD or for any amendment to an existing PUD. Due to the nature of the proposed amendments several of these elements are not applicable to this particular proposal. (1) The PUD addresses a unique situation, confers a substantial benefit to the Town and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality Brookside PUD 2012 S Atttachment B over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provisions and access; environmental protection: tree/vegetation preservation; efficient provision of street, roads and other utilities and services; or increased choice of living and housing environments. The Brookside Park PUD was initially established in 1996 as a mixed use residential and office complex. At that time, there was no existing applicable zone district that would allow for both the residential uses and office/retail uses in a manner envisioned for the property. The creative site design and the setting along the Eagle River made the application of PUD zoning appropriate for Brookside. This proposed amendment is in harmony with the original concept and the PUD amendment process remains the appropriate method for reviewing this application. (2) The PUD rezoning will promote the public health, safety and general welfare; The existing PUD zoning has been in place for fifteen years and has been appropriate for the neighborhood and for the property. This proposed amendment is in harmony with the ideals of promoting public health, safety and general welfare. (3) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code and the eligibility criteria outlined in Subsection 7.16060(b); The amendment to the PUD is in complete conformance with the Avon Comprehensive Plan. Section 7.04.030 (a) through (p) of the Avon Development Code details the purpose of the code. This proposed amendment is consistent with each one of the purpose statements. Section 7.16.060(b) lists seven eligibility criteria that must be met for establishment of a PUD District. Although this district is already established, the proposed amendment is consistent with and meets all of the eligibility criteria. (4) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; All services to serve the existing development are in place and available. (5) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife and vegetation, or such impacts will be substantially mitigated; Brookside PUD 2012 6 Atttachment B The only proposed change to the current approved uses is to allow the conversion of the 30,000 square foot Brookside Center building from commercial to residential uses in accordance with this application. This conversion should not create any significant adverse impact upon the natural environment. (6) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; The potential conversion of Brookside Center from commercial to residential should not create any adverse impacts to adjacent properties. Brookside is bordered by Highway 6 to the south and the Eagle River to the north. West of the property is the edge of the Arrowhead Golf Course. A portion of the Sunridge Condominiums borders Brookside on the east side. The only site changes that would be a direct result of the conversion would be a reduction in parking areas and an increase in landscape area. Traffic in and out of the site would likely decrease. (7) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. The proposed amendment will not change the scale of development on the Brookside site and should be consistent with this review criteria. The existing Brookside PUD and the adjacent Sunridge Condominiums have been compatible neighbors for the past fifteen years. Subdivision Review Criteria Section 7.16.070 of the Town of Avon Development Code details seventeen criteria by which a Preliminary Plan subdivision application shall be reviewed. As the only subdivision action required by this proposed amendment would be a condominium map of the residential units several of the criterion are not directly applicable. For those criteria that are applicable this application was found to be in full compliance with the requirements and intent of the subdivision code at the time of the Preliminary Plan approval. At this stage of Final Pud review a formal approval of these criteria is not again necessary. The previous Preliminary Plan responses have been repeated within this application narrative for continuity purposes. No actual site changes would be necessary to complete the conversion, however, a decrease of parking area and an increase in landscape area could be accomplished and would be a benefit to the properties. Beaudin Ganze Consulting Engineers has completed a preliminary level examination of the existing building and it has concluded that existing water service, fire service, sewer service and roof drain lines are all adequately sized to allow for a conversion to residential use. No significant changes will be required for gas, electric or communication services to the building. Brookside PUD 2012 7 Atttachment B There will be additional water and sewer fees required for converting commercial uses to residential based on increased in house water demand. However, the majority of water demand is from landscape irrigation, which would not change significantly. Eagle River Water and Sanitation District is currently analyzing water demand worksheets to determine what additional fees or water rights dedications to the Town of Avon or Eagle River Water and Sanitation District will be required. The change of use from office to residential will result in an overall and peak hour decrease in vehicle trip generation. Alpine Engineering Inc. has calculated trip generation data and provided a summary letter that accompanies this application. No revision to the existing CDOT Access Permit is anticipated. No impact to the existing drainage patterns or improvements are anticipated. Summary The proposed PUD Amendment to allow for the potential conversion of the Brookside Center building from commercial to residential is in compliance with the both the intent and regulations of the Town of Avon Development Code and the Town of Avon Comprehensive Plan. This PUD Final application is in conformance with the PUD Preliminary Plan application that was recommended by the Avon Planning Commission and approved in October of 2012 by the Avon Town Council. The three conditions of approval of the Preliminary Plan have all been addressed in this application. Two of the three required minor revisions to the proposed PUD Guide, and those changes have been incorporated. The third condition has been addressed by the conceptual landscape plans that are also incorporated into this application. 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J p Y ui <' CZ L Z Q CL O O J H O N Z J Q H Z W _0 N W ry W D N O O W m O N ui F- V) Q Atttachment B Brookside Park PUD Guide as proposed for Final PUD revision }une 2012 January 2013 (revisions indicated in a strikethrough/underline format) The following Planned Unit Development Guide will serve as the governing regulations which will control development on Lot 1 gaglew,,e Subdi A i-, Brookside Park, A Resubdivision of Lot 1, Eaglewood Subdivision, Town of Avon, Eagle County, Colorado, known as the Brookside Park PUD. This PUD Guide is intended to become a part of the Brookside Park Planned Unit Development and serve as the "Zone District Regulations" for the PUD as required by Section 17.20.110.1 of the Municipal Code of the Town of Avon. The Brookside Park PUD authorizes a total 154-78 dwelling units and 30,000 useable square feet of commercial space on 4.7 acres of land within the Town of Avon, Eagle County, Colorado. Development within the PUD is administered by the Town of Avon through the provisions of this PUD Guide. Building construction within the PUD is governed by the applicable Town of Avon ordinances, rules and regulations. Intention The intention of the Brookside Park PUD is to provide for an architecturally integrated residential or mixed use residential and commercial campus with appropriate uses, development standards and regulatory controls. B. Definitions All terms used in this PUD Guide shall be as defined in Chapter 7, Development Code of the Town of Avon Municipal Code unless otherwise defined in this section of the PUD Guide. C. Allowable Uses by Right – Residential 1. Multiple Family dwelling units including townhomes, condominiums and apartments. 2. Short term rentals D. Allowable Uses by Riaht – Commercial Building A contains 30,000 useable square feet that is designated as commercial space. The following uses are allowed within the areas designated as commercial on the Building A floor plans that are incorporated within this PUD Development Plan. 1. Professional Offices including Design Studios 2. Medical Outpatient Offices 3. Retail/Wholesale Furniture Stores and Showrooms 4. Retail/Wholesale Home Furnishing Stores and Showrooms 5. Retail/Wholesale Architectural Products Stores and Showrooms Atttachment B 6. Retail/Wholesale Household Appliance Product Stores and Showrooms 7. Antique Stores and Showrooms 8. Art Galleries/Frame Shops 9. Restaurants E. Allowable Uses By — General 1. Recreation Amenities including swimming pools and hot tubs F. Special Review Uses 1. Home Occupations 2. Retail Stores not specifically listed as a Use by Right. 3. Church 4. On -Site Rental Office G. Accessory Uses 1. Interior and Exterior uses customarily accessory to residential and Commercial uses shall be allowed. H. Development Standards Maximum Density: -54 78 dwelling units Maximum Useable Commercial Area: 30,000 Square Feet Building Height: 60 feet Minimum Building Setbacks: Front: 25 Feet Side: 7.5 Feet Rear: 10 Feet Eagle River: 30 Feet as defined in Section 17.50.110 of the Town of Avon Municipal Code. Building setbacks shall apply to the PUD perimeter property line only. Internal lines created for phasing delineation of for individual unit ownership shall not apply. Maximum Site Coverage: 50% Minimum Landscape Area: 20% Parking: Residential: 2 spaces per dwelling unit 10 guest spaces Commercial: 4.3 spaces per 1,000 square feet of useable floor area L Density Allocation Lot 1, Brookside Center 24 dwelling units Lot 2 The Lodge at Brookside Park 40 dwelling units Lot 3 The Townhomes at Brookside Park 14 dwelling units Atttachment B J. Brookside Center The Brookside Center building may consist of up to 30,000 square feet of useable commercial space or as a residential building of up to 24 dwelling units, or may be a mixed use option of the allowed commercial uses on the first floor and residential on the second floor. In the mixed use option described in the preceding paragraph the maximum density shall be no more than 16 units located on the second floor of the building. The units shall be restricted to a maximum of 8 studio units and 8 one -bedroom units, or in a configuration that creates a residential parking demand of no more than 29 parking spaces. AVON TOWN COUNCIL FINDINGS OF FACT Attachment C CONCERNING THE PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT APPLICATION FOR THE BROOKSIDE PARK PUD The following findings of fact and recommendations are made in accordance with Avon Municipal Code Section 7.16.060(e)(3), Reviewing Authority: 1. Application Submitted. A preliminary PUD Application (the "Application"), consisting of an Amended Planned Unit Development Guide for Brookside Park ("Amended PUD Guide"), was submitted to the Community Development Department of the Town of Avon (the "Town") on June 20, 2012 by Rick Pylman of Pylman & Associates, representing the owners of the Brookside Center building (the "Applicant"). 2. Determination of Completeness. Pursuant to Avon Municipal Code ("AMC") §7.16.020(c)(1), a determination of completeness was submitted to the Applicant by phone from Jared Barnes of the Community Development Department on June 29, 2012, within ten (10) days of the application submittal. 3. Referral to other Agencies. The Amended PUD Guide was referred electronically via the Town's website, www.avon.org/referral, to other agencies for review and comment on July 17, 2012 pursuant to AMC §7.16.020(c)(2). The following agency was notified for referral: Town of Avon Engineering Department. 4. Notice of Public Hearing. On July 27, 2012, pursuant to §7.16.020(d), a notice of public hearing was published in The Vail Daily for the August 7, 2012 Planning & Zoning Commission meeting to review the Brookside Park Preliminary Planned Unit Development application. In addition, a mailed notice was sent to all property owners within 300 feet of the property boundaries. 5. Staff Report to PZC. Jared Barnes submitted a Staff Report to the PZC dated August 3, 2012. 6. Preliminary Public Hearing before the Planning and Zoning Commission. On August 7, 2012 the PZC held a public hearing on the Application. 7. Continued Preliminary Public Hearing before the Planning and Zoning Commission. On August 21, 2012 the PZC held a continued public hearing on the Application. The PZC took action to provide the recommendation, findings, and conditions to the Town Council. FINDINGS OF FACT AND RECOMMENDATIONS BROOKSIDE PARK PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT Pagel of 3 Attachment C 8. Notice of Public Hearing. On August 31, 2012, pursuant to §7.16.020(d), a notice of public hearing was published in The Vail Daily for the September 11, 2012 Town Council meeting to review the Brookside Park Preliminary Planned Unit Development application. In addition, a mailed notice was sent to all property owners within 300 feet of the property boundaries. 9. Staff Report to Town Council. Jared Barnes submitted a Staff Report to the Town Council dated September 11, 2012. 10. Preliminary Public Hearing with Town Council. On September 11, 2012 the Avon Town Council held a public hearing on the Application and reviewed the Application. 11. Continued Preliminary Public Hearing before the Town Council. On September 25, 2012 the Avon Town Council held a continued public hearing on the Application. The Avon Town Council took action to provide the recommendation, findings, and conditions for the Application. 12. Review Criteria. The Avon Town Council has considered the Review Criteria for a Preliminary PUD application set forth in Avon Municipal Code §7.16.060(e)(4). 13. Findings of Fact related to the Application. The Town Council has considered the Staff Report from Jared Barnes dated September 25, 2012, public comments, applicant testimony, and makes the following Findings of Fact related to the Preliminary PUD Application: Specific Findings: (1) The PUD is established and the previously provided public benefits, as well as the proposed public benefits, satisfy the requirement for public benefits as outlined in §7.16.060(b)(5); (2) The PUD amendment meets the review criteria for a Preliminary PUD as outlined in §7.16.060(e)(4) for the reasons stated in Jared Barnes' memorandum dated October 5, 2012. (3) The reduction in surface parking and addition of a pocket park and/or landscaping is a public benefit for the residents of the Brookside Park PUD; (4) The reduced impact on the need for attainable housing is a public benefit for the Town of Avon; and, (5) The Town Council finds that the PUD Amendment will not create additional impacts if the conditions below are satisfied, that the original public benefits were sufficient for the PUD as originally approved, and that therefore, the Town Council finds that there is no need to require the applicant to provide additional public benefits. FINDINGS OF FACT AND RECOMMENDATIONS BROOKSIDE PARK PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT Page 2 of 3 Attachment C Conditions: (a) The proposed PUD Guide be amended to limit the number of residential units allowed to sixteen (16) only in the instance the second story converts to residential uses, while the first floor remains commercial. (b) The proposed PUD Guide section H be amended to clarify the requested maximum density of seventy-eight (78) dwelling units. (c) A majority of the parking row adjacent to the southerly property line be the first section of parking removed and landscaped with a full conversion from Commercial office to Residential uses. FINDINGS OF FACT AND RECOMMENDATIONS BROOKSIDE PARK PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT Page 3 of 3 Attachment D Jared Barnes From: Sent: To: Cc: Subject: Attachments: Good Afternoon Jared, Gail Mcfarland <gmcfarland@eagleriverfire.org> Wednesday, March 13, 2013 2:40 PM Jared Barnes karl bauer FW: Brookside Park PUD Referral Ll Brookside Park PUD Referral 021513.pdf Here are our comments for the project at Brookside Park PUD: 1. With the extent of the remodel proposed, both the fire alarm and fire sprinkler systems will need to be evaluated and brought up to current codes. 2. If live/work units are approved, then the work portion of the units should be limited to office or professional type services only. No industrial applications or hazardous materials storage should be allowed. Please contact me with any questions. Thanks and have a great day. rim 5�ldX;7alawd, Fire Inspector, PIO Eagle River Fire Protection District PO Box 7980 Avon, Co 81620 Phone: 970-748-4739 Fax: 970-949-7965 www.eagleriverfire.org 12) Facebmk Eagle River Fire Protection District is a professional fire service agency and proudly serves Camp Hale, Tennessee Pass, Redcliff, Minturn, EagleVail, Avon, Mountain Star, Wildridge, Beaver Creek (Contractual agreement), Bachelor Gulch, Arrowhead, Homestead, Edwards, Lake Creek, Singletree, Pilgrim Downs, Cordillera, Bellyache Ridge, Red Sky Ranch and the portions of 1-70, Hwy 6 & 24. The District does NOT serve the Town of Vail, nor are the two departments associated with one another. From: karl bauer Sent: Wednesday, February 20, 2013 8:08 PM Attachment E AVON PLANNING AND ZONING COMMISSION FINDINGS OF FACT, RECORD OF DECISION, AND RECOMMENDATIONS V O N ooRAvo CONCERNING THE FINAL PUD AMENDMENT FOR `BROOKSIDE PARK" ON LOT 1, BROOKSIDE PARK PUD, EAGLEWOOD SUBDIVISION The following findings of fact and recommendations are made in accordance with Avon Municipal Code ("AMC") §7.16.060(f)(5), Review Criteria: 1. Application Submitted. A Final PUD Amendment Application (the "Application"), consisting of an Amended Planned Unit Development Guide for Brookside Park ("Amended PUD Guide"), was submitted to the Community Development Department of the Town of Avon (the "Town") on February 11, 2013 by Rick Pylman of Pylman & Associates, representing the owner of the property, Riverview Park Associates (the "Applicant"). 2. Determination of Completeness. Pursuant to Avon Municipal Code ("AMC") §7.16.020(c)(1), a determination of completeness was submitted to the Applicant by phone from Jared Barnes of the Community Development Department on February 15, 2013, within ten (10) days of the application submittal. 3. Agency Referrals. On February 15, 2013, pursuant to AMC §7.16.020(c)(2), Staff referred the Application to outside review agencies, including the following: Eagle County Planning, Eagle River Water & Sanitation District, and Eagle River Fire Protection District. On March 13, 2013, Staff received public comments from Eagle River Fire Protection District. 4. Notice of Public Hearing. Pursuant to AMC §7.16.020(d), a notice of public hearing was published in The Vail Daily on April 5, 2013 for a PZC meeting to review the Application. In addition to the published noticed, a mailed notice was sent to all property owners within 300' of the Property on the same date. 5. Staff Report to PZC. Jared Barnes submitted a Staff report to the PZC dated April 12, 2013. 6. Public Hearing before the Planning and Zoning Commission. On April 16, 2013 the PZC held a public hearing on the Application. 7. Compliance with Review Criteria. PZC makes the following findings with regard to compliance with the applicable review criteria for Minor PUD Amendment (§7.16.060(f)(5)) as the basis for a recommendation to Town Council: FINDINGS OF FACT AND RECOMMENDATIONS LOT 1, BROOKSIDE PARK PUD, EAGLEWOOD SUBDIVISION — FINAL PUD AMENDMENT Page 1 of 2 Attachment E PZC RECOMMENDATIONS: The PZC recommends that Town Council APPROVE the Final PUD Amendment Application with the Findings and Conditions set forth below: Findings: (1) The PUD is established and the previously provided public benefits, as well as the proposed public benefits, satisfy the requirement for public benefits as outlined in §7.16.060(b)(5); (2) The PUD amendment meets the review criteria for a Preliminary PUD as outlined in §7.16.060(e)(4) for the reasons stated in Jared Barnes' memorandum dated October 5, 2012. 'yl!` (3) The reduction in surface parking and addition of a pocket park and/or landscaping is a public benefit for the residents of the Brookside Park PUD; (4) The reduced impact on the need for attainable housing is a public benefit for the Town of Avon; and, (5) The Town Council finds that the PUD Amendment will not create additional impacts if the conditions below are satisfied, that the original public benefits were sufficient for the PUD as originally approved, and that therefore, the Town Council finds that there is no need to require the applicant to provide additional public benefits. Conditions: (a) Prior to the issuance of a Building Permit, the Applicant shall provide proof of adequate water rights from the Upper Eagle Regional Water Authority. THESE FINDINGS OF FACT AND RECOMMENDATIONS ARE HEREBY APPROVED: BY: Chris Green, Planning and Zoning Commission Chairperson DATE: FINDINGS OF FACT AND RECOMMENDATIONS LOT 1, BROOKSIDE PARK PUD, EAGLEWOOD SUBDIVISION — FINAL PUD AMENDMENT Page 2 of 2 AVON Staff Memorandum TO: Planning and Zoning Comm i ,on FROM: Jared Barnes, Planner II { DATE: March 29, 2013 RE: PZC Rules of Procedure Summary The Planning and Zoning Commission (PZC) has previously adopted Rules of Procedure as a part of the Avon Design Guidelines. In 2010, when the Town adopted AMC Title 7, Development Code, the Design Guidelines were eliminated as the new code included design standards. This also caused the previously adopted Rules of Procedure to be removed. §7.12.040, Planning and Zoning Commission, sets forth codified standards for the PZC including, but not limited to: Establishment and Purpose; Duties; Membership; Qualifications of Members; Quorum; Term; Vacancies; Removal from Office; Officers; Compensation; Staff; Rules and Procedures; Meetings; Material to be Submitted; Agenda; and, Authority to Retain Consultants. §7.12.040(1), Rules and Procedures, requires the PZC to operate in compliance with their own Rules of Procedure. It further states that these Rules of Procedures may be adopted or amended from time to time through a recommendation to Town Council and formal adoption by Town Council. Other sections, for example §7.12.040(m), Meetings, and §7.12.04o(n), Materials to be Submitted, state that the Rules of Procedure shall govern. Process This matter was identified in the 2013 PZC Work Plan for the 1St Quarter, and therefore Staff has prepared Draft Rules of Procedure (Attachment A) for the PZC to review. Staff is of the opinion that these Rules of Procedure, as proposed, provide clarity to the process that occurs at meetings and will assist future PZC members with better understanding the process they are expected to abide by. These rules of procedure also set forth standards for scheduling meeting and cancelling meetings; standard order of agendas; procedures for executive sessions; and, Decisions of the PZC among other aspects. Update The proposed PZC Rules of Procedure were approved by the PZC at their April 2, 2013 meeting. On April 9, 2013 the PZC Rules of Procedure were presented to the Town Council. The Town Council were generally accepting of the proposed Rules, but offered suggestions related to the consistency of these Rules with Town Council Rules regarding Notice of Regular Meetings, Electronic Records/Minutes, Ex Parte Contact, and Executive Sessions. Pursuant to §7.12.040(1), the PZC shall review all amendments made by the Town Council April 16, 2013 PZC Meeting — Rules of Procedure Page 1 of 2 prior to the Town Council adopting the Rules of Procedure. Staff has provided a few amendments in addition to those suggested by the Town Council. Staff Recommendation The PZC should review the attached draft Rules of Procedures, and provide a recommendation to the Town Council to adopt these Rules of Procedure pursuant to §7.12.04o(I), Rules and Procedures. Attachment Draft Rules of Procedure April 16, 2013 PZC Meeting — Rules of Procedure Page 2 of 2 HEART of the VALLEY C Q L O R A D a Town of Avon Planning and Zoning Commission Rules of Procedure March 2013 11Page Planning and Zoning Commission Rules of Procedure (March 2013) Table of Contents 1. Authority For Adoption.........................................................................................................................4 2. Applicability...........................................................................................................................................4 3. Definitions.............................................................................................................................................4 4. Other Laws............................................................................................................................................4 5. Regular Meetings..................................................................................................................................4 (a) Date, Time and Place of Regular Meetings......................................................................................4 (b) Notice of Regular Meetings.............................................................................................................4 6. Special Meetings...................................................................................................................................5 7. Continued Meetings..............................................................................................................................5 8. Cancellation of Meeting........................................................................................................................5 9. Applicability of Colorado Open Meetings Law......................................................................................5 10. Electronic Record/Minutes...............................................................................................................5 11. Director.............................................................................................................................................5 12. Agenda and Meeting Materials........................................................................................................6 (a) Proposed Agenda.............................................................................................................................6 (b) Meeting Packets...............................................................................................................................6 13. Officers.............................................................................................................................................. 6 14. Conduct of Commission Members....................................................................................................7 (a) Conformity With Town Code of Ethics.............................................................................................7 (b) Ex Parte Contacts.............................................................................................................................7 15. Conflicts of Interest...........................................................................................................................7 16. Expressions of Bias, Prejudice, or Individual Opinion Prior to Hearing and Determination.............8 17. Action by the Commission................................................................................................................8 (a) Action By Motion...........................................................................................................................10 (b) Who May Make A Motion..............................................................................................................10 (c) Second Required............................................................................................................................10 (d) One Motion at a Time....................................................................................................................10 (e) Amending a Motion.......................................................................................................................10 (f) Rescind or Withdrawal of an Approved Motion............................................................................10 18. Voting..............................................................................................................................................10 (a) Who May Vote...............................................................................................................................10 21Page Planning and Zoning Commission Rules of Procedure (March 2013) 19 20 21 22 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. (b) Adoption by Majority Vote............................................................................................................10 (c) Duty to Vote...................................................................................................................................10 Debate.............................................................................................................................................10 ExecutiveSessions...........................................................................................................................11 SiteVisits.........................................................................................................................................12 General Provisions Governing Public Hearings...............................................................................12 (a) Part of Meeting..............................................................................................................................12 (b) Representation..............................................................................................................................12 (c) Testimony Under Oath Not Required............................................................................................13 (d) Right To Present Evidence And Cross -Examine Witnesses............................................................13 (e) Rules Of Evidence...........................................................................................................................13 (f) Objections......................................................................................................................................13 (g) Burden Of Proof.............................................................................................................................13 (h) Limitation of Evidence...................................................................................................................13 (i) Order of Debate.............................................................................................................................13 (j) Commission and Staff's Remarks...................................................................................................13 (k) Applicant (and Others) Questioned...............................................................................................13 ConsentAgenda..............................................................................................................................13 Regular Application Items (Non -Public Hearings)...........................................................................14 Regular Application Items (Public Hearings)...................................................................................15 Continuance of Hearing..................................................................................................................15 Audio -Tape of Public Hearing.........................................................................................................16 Record of the Public Hearing..........................................................................................................16 Reopening of a Public Hearing........................................................................................................16 Decisions By Commission................................................................................................................16 Execution of Documents.................................................................................................................16 Suspensionof the Rules..................................................................................................................16 Amendmentof the Rules................................................................................................................17 Reference to Robert's Rules of Order.............................................................................................17 Effectof Adoption of Rules.............................................................................................................17 31Page Planning and Zoning Commission Rules of Procedure (March 2013) 1. Authority For Adoption These Rules of Procedure are adopted pursuant to the authority granted to the Town of Avon Planning and Zoning Commission by §7.12.040(1) of the Avon Municipal Code. z. Applicability These Rules of Procedure shall apply to all meetings of the Town of Avon's Planning and Zoning Commission. These Rules of Procedure are intended to supplement and be superseded by the codified Rules listed in §7.16.040, Planning and Zoning Commission, of the Avon Municipal Code. 3. Definitions Rules means these Rules of Procedure, as amended from time to time. Commission means the Town of Avon's Planning and Zoning Commission and also defined as PZC. Director means the Community Development Director of the Town of Avon, or such person's designee. Presiding Officer means the Chair, or to the Vice -Chair or Temporary Chair when acting in the absence of the Chair. 4. Other Laws These Rules must be read in conjunction with the Town of Avon's Development Code, as well as all applicable Town, state or federal laws, rules or regulations. In the event of a conflict between these Rules and provision in the Town's Home Rule Charter, any ordinance or statute, the Home Rule Charter, ordinance or statute shall control. 5. Regular Meetings (a) Date, Time and Place of Regular Meetings The Commission shall hold regular meetings on the first and third Tuesdays of each month, except that if a regular meeting day is a legal holiday, the meeting may be rescheduled or cancelled at the discretion of the Commission. All regular meetings of the Commission shall be held in the Town Council Chambers of the Avon Municipal Building, One Lake Street, Avon, Colorado, unless the Commission shall otherwise order. Each regular meeting of the Commission shall begin at 5:0o P.M., unless otherwise provided in the notice of the meeting. At the discretion of the Director an application may be scheduled out of the normal order of business if it involves a matter of substantial public interest, or if the Director determines that good cause exists to vary the normal order of business. Further, by general consent of the Commission, items may be considered out of order. (b) Notice of Regular Meetings Notice of each regular meeting shall be posted by the Director in Town Hall and 32 additional public locations as designated by the Director not less than 24 hours prior to the holding of the meeting. The postingmeeting notice shall include specific agenda information where possible. and may be substituted by the meeting age 4 1 P a ;e Planning and Zoning Commission Rules of Procedure (March 2013) 6. Special Meetings Special meetings of the Commission shall be called by the Director on the written request of the Chair, the Vice -Chair in the absence of the Chair, or on the written request of any four (4) members of the Commission. A special meeting may also be called or scheduled by vote of the Commission in open session during another duly called meeting. Notice of a special meeting shall be posted in accordance with Section 5(b). The notice shall set forth the date, hour, place and purpose of such meeting. No business shall be conducted at a special meeting of the Commission unless the same has been stated in the notice of such meeting; except that any business which may lawfully come before a regular meeting of the Commission may be transacted at a special meeting if all members of the Commission are present and consent thereto. 7. Continued Meetings A properly called regular or special meeting may be continued to a date,-a1Rd time and place certain by motion made and adopted in open session during the regular or special meeting. The motion shall state the date, time and place when the meeting will reconvene. No further nieeting-.Additional notice_ is not required for any continued meeting, business item and/or public hearing which has been continued in accordance with this Section 7. 8. Cancellation of Meeting If: (i) no business is scheduled before the Commission; (ii) it is apparent that a quorum will not be available; or, (iii) the scheduled date for any Commission member is a legal holiday,,- then oliday,;then a meeting may be cancelled by the Chair or the Director by giving notice to all members prior to the time set for such meeting. Notice of cancellation of a meeting may be given by telephone, electronically (email), fax, in person, or by first class mail. If no quorum is present at the meeting, the Director shall cancel the meeting and all items scheduled to be heard shall be rescheduled by the staff. g. Applicability of Colorado Open Meetings Law All meetings of the Commission shall be subject to the provisions of the Colorado Open Meetings-Lawlaw (Colorado Sunshine Law) set forth in C.R.S. §24-6-4oi et. seq.. io. Electronic Record/Minutes The Commission shall keep an electronic record of its meetings in accordance with Exhibit A., including any executive sessions. in addition, written minutes ef the Cornmissien '.dings a pt e � �tiye sessions, sh-.II be kept a required by the C01O.-ade Open Meetings law. ReEOFEIS of eXeEutiye sessions shall be kept iR aEEE)FdaREe with the Fequirements of the Colorado Open Meetings law. These minutes shall be open to RSpeEtiGR of the PUbIiE as provided in the C01OFade Open Meetings law. The exaEt WOF ding of eaEh motion and the vote of the Commission +h.,. -eon sh-.II be r ...-ded it the m , to ii. Director The Director shall designate a person or persons to provide the necessary recording services for the Commission. The Director shall be responsible for the giving of all required notice of 5IDage Planning and Zoning Commission Rules of Procedure (March 2013) Commission public hearings and actions under the Development Code or Subdivision Standards. 12. Agenda and Meeting Materials (a) Proposed Agenda The Director shall set forth the agenda for each meeting. The Director may consult the Chair for input when formulating the agenda. The proposed agenda should generally be consistent with the Order of Business as follows: Call to Order Roll call Amendments to the Agenda Conflicts of Interest Disclosure Consent Agenda Regular Agenda Items (Public Hearings) Regular Agenda Items (Non -Public Hearings) Approval of Meeting Minutes Adjournment At the discretion of the Director, an application may be scheduled out of the normal order of business if it involves a matter of substantial public interest, or if the Director determines that good cause exists to vary the normal order of business. Further, by general consent of the Commission, during the Amendments to the Agenda portion of the meeting items may be considered out of order. (b) Meeting Packets Meeting Packets shall should be provided to the Commission not later than 48 hours prior to the meeting. The meeting packets shall include the proposed agenda and meeting materials for each agenda item. The meeting materials for each agenda item should generally include a staff summary as well as accompanying information. 13. Officers Pursuant to Section 7.12.040(i), Officers, the PZC shall select its own chairperson, a vice chairperson and a secretary from among its members. This selection shall occur on a yearly basis immediately after the appointment of new members or re -appointment of existing members to the Commission. The Chair shall preside at all Commission meetings if he or she is present. The Chair may vote in all cases. In order to address the Commission, a member must be recognized by the Chair. If the Chair is absent, the Vice -Chair shall preside. If both the Chair and Vice -Chair are absent, another member designated by vote of the Commission shall preside as Temporary Chair. The Vice -Chair or Temporary Chair retains all of his or her rights as a member, including the right to make motions and the right to vote. The Presiding Officer shall maintain order and decorum, and to that end may order removal of disorderly or disruptive persons. 6 1 P a e Planning and Zoning Commission Rules of Procedure (March 2013) 14. Conduct of Commission Members (a) Conformity With Town Code of Ethics The conduct of Commission members shall at all times conform with the requirements of the Town of Avon Code of Ethics (Chapter 2.3o, AMC). (b) Ex Parte Contacts Each member of the Commission shall comply with the requirements regarding Ex Parte Contacts as set forth in_Exhibit _A. n9ust ,,.,erEiseEaFe iR Fespondi g to and ting any ex aFte EontaEt with r Et to a matter Whi.h i pending befE)Fe the Corami«ion (i) An ex parte EORtaEt is any EontaEt i" rnatteF peREling before the Commission whiEh is offered to or FeEeived b" COFnMi«i.,., i the member shall, to the .,..tent possible, Fef. se to a pt S ..h ., paFte EentaEt. The member shall advise the person who is attempting to make matter should be p Rte d to the entiFe re ell a all i.,+.,.-.,paFties�+.,.d i at the time ef the PUNOE heaFiRg. (3) ARy membeF of the Commission who has received an ex parte contaEt MUSt ..rt the iRfermation aR d identify the SOUFEe R d date of the E nta Et i to the full the appkation-. Commission-, iREluding ffinted and mailed i shall be feFwaFded diFeEtly to the niFeEter fOF reviewand the staff's . eFt n EOPY Of S & EeFnmeREement of the hearing-. (.5) ' The --de- against ex PaFte EentaEtS shall net apply to pFeElude membeFS ef thei DiFeEtE)Fithe Town AttOFReyj Development, but n member of the CeMMOSSOOR shall diSEUSS «« the Matter with the i appkanti the applkantS EOunsel OF Fepresentatives, OF any PeFson reasonably anticipated to be witnesses prior to the public hearing. 15. Conflicts of Interest The topic of conflicts of interest of Commission members is specifically dealt with in the Town's Code of Ethics, specifically §2.30.o6o, Conflict of Interest. 7 1 P a g e Planning and Zoning Commission Rules of Procedure (March 2013) 16. Expressions of Bias, Prejudice, or Individual Opinion Prior to Hearing and Determination No member of the Commission shall express any bias, prejudice, or individual opinion on the proper outcome of a matter prior tots conducting a hearing and determination 17. Action by the Commission Formatted: Space After: 12 pt, Add space between paragraphs of the same style ,II official PZC actions are initiated by motion. These following rules and procedures- - Formatted: Font: candara apply to motions. There are two basic motions: action motions and procedural motions. Formatted: Space After: 12 pt, No bullets or Only one action motion may be on the floor at a time. A procedural motion may be numbering proposed, discussed and acted upon when an action motion is on the floor or at any other time. (a) Basic Motion: The basic motion to take action is stated as, "I move to ... " Every— Formatted: Space After: 12 pt motion requires a second. Once a motion is made no further discussion can continue until a second is made to support the motion. (b) Discussion: All PZC members have the right to discuss the motion on the floor. Discussion cannot be concluded unless (1) all PZC members present consent or (2) a majority of PZC members present approve a procedural motion to "Call the Question" and end debate. (c) Withdraw a Motion: The maker of a motion may choose to withdraw the motion at anv ttimeprior to the vote on the motion and may interrUlDt a speaker to withdraw the motion and consent of the PZC member who seconded the motion is not required. The motion is immediately withdrawn; however, the Presiding Officer may ask the PZC member who seconded the withdrawn motion and any other PZC member if such PZC member wishes to make the motion. (d) Amendment to Motion: Any PZC member may request an amendment to a pending motion. The maker of the pending motion and PZC member who seconded the motion must consent to the proposed amendment. Any PZC member may also propose a substitute motion to a_pending motion which also requires consent of the maker of the pending motion and the PZC member who seconded the pending motion. (e) Procedural Motion: A procedural motion may be made at any time and may impose or modify any procedural rule provided that such procedure is not in conflict with the Avon Home Rule Charter, any ordinance adopted by the Town, or any applicable state law. Procedural motions require a majority vote of the quorum present. (f) Motion to Call the Question or End the Discussion: A motion to "call the question" or a motion to end the discussion is a procedural motion to end debate and discussion. A motion to call the question or end the discussion cannot be made until each PZC member has had at least one reasonable opportunity to ask questions and discuss the matter. Once a motion to call the question or to end the discussion is made and seconded, it shall be the Presiding Officer's discretion to allow any further discussion 8 1 P a g e Planning and Zoning Commission Rules of Procedure (March 2013) on such procedural motion for the purpose of clarifying any technical,, procedural or Legal issue related to the procedural motion. A motion to call the question requires a majority vote of the quorum present. Once a motion to call the question is approved, the pending action motion on the floor must be voted upon promptly or,. if no action motion is pending, the Presiding Officer shall proceed to the next agenda item.. (g) Motion to Continue: A motion to continue an agenda item must include a specific W future PZC meeting date for the continued matter be considered again. Generally, a noticed public hearing is not required to be "re -noticed" for public hearings which are continued to a specific date, time, and place. (1 Motion to Table: A motion to table places the agenda item on hold and does not require a specific time for the return of the agenda item. (i) A Motion to Reconsider: A motion to reconsider allows the PZC to reconsider a vote--. -- Formatted: Font: sold on a matter. A motion to reconsider may only be made in the following circumstances: Formatted: indent: Left: 0.13^, Space After: (1) at the meeting in which the motion to be proposed for reconsideration was made, 12 pt, Tab stops: Not at 0.38" (z) at the next regular meeting after the meeting in_ which the motion to be proposed for reconsideration was made, -or (3) the motion for reconsideration is based on new Formatted: Font: Candara information not available at the time the original motion was acted upon. Furthermore, a motion to reconsider may only be made by a member of PZC who voted in the majority on the motion which is proposed for reconsideration, Formatted: Font: Bold (j) Point of Privilege: A PZC member may interrupt the speaker to raise a_matter related Formatted: Font: Candara to the comfort of the meeting, such as room temperature, distractions, or ability to Formatted: Font: Candara hear speaker; Formatted: Font: Bold (k) Point of Order: A PZC member may raise a Point of Order at any time that t e Formatted: Font: Candara Presiding Officer permits meeting conduct which does not follow these Rules or Formatted: Font: candara Qtherwise fails to mainAahneivility and decorum by the PZ and the neral publics Formatted: Font: Candara Formatted: Font: Candara IAppeal: A PZ member may move to appeal the ruling f the Presiding Officer on anyFormatted: Font: Candara procedural matter or other decision related to the conduct of the meeting. If the Formatted: Font: Bold motion is seconded and, after debate, it such motion passes by a simple majority vote Formatted: Font: Candara of the quorum present, then the ruling or conduct of the Presiding Office; shall be overruled and reversed. Formatted: Font: Candara Formatted: Font: Candara (m)Call for Orders of the Day: A PZC member may call for Orders of the Day when such Formatted: Font: Candara PZC member believes that PZC discussion has strayed from the agenda. No second or Formatted: Font: Bold vote is required. If the Presiding Officer does not return to the agenda, then such Formatted: Font: Candara ruling may be appealed. Formatted: Font: Candara Formatted: Font: Candara (n) Adjournment: The Presiding Office. may announce the meeting adjourned when Formatted: Font: Candara there are no further items on the agenda which have not been addressed. The PZC Formatted: Font: Candara Formatted: Font: Candara 9 1 P a g e Planning and Zoning Commission Rules of Procedure (March 2013) may adjourn a meeting at any time by motion, second and approval by a majority of the quorum present. t - - - Formatted: Normal, Justified, Space After: 12 pt }� Formatted: Normal (a) Actio„ By Motion The Commission shail Proceed by MEAiOR, unless (b) Who May Make Motion otheFWise FeqIziiFed by applicable • -A Any member of the Commission, including the Second Reed Chair, may make a moti (c) secondA motion requires a second. Any membeF of the a motion. Commission, including the Chair, may (f) Rescind or Withdrawal of an AppFoved "ration The Commission may FeSCiRd OF withdFawal an approved motion if additional f s brought to light after the motion us made that alters the Commissions revieky or if a PFOEedural eFFOr was made through the motion. 18. Voting (a) Who May Vote Except as provided in Section 15, with respect to a member who has a conflict of interest, each member of the Commission, including the ChairPresiding Officer, must vote on any motion. (b) Adoption by Majority Vote A motion shall be adopted by a majority of the votes cast when a quorum is present. A majority is more than half. (c) Duty to Vote Every member of the Commission must vote unless excused by a majority vote of the remaining members of the Commission. The types of vote are limited to: (1) Yes; (2) No; and, (3) Abstain. 19. Debate The Chair Presiding Officer shall state the motion and then open the floor to debate. The Chair Presiding Officer shall preside over the debate according to the following general principles: 1. The maker of the motion is entitled to speak first; logia^ e Planning and Zoning Commission Rules of Procedure (March 2013) i. A member who has not spoken on the issue shall be recognized before someone who has already spoken. At their discretion, theme Presiding Officer may alter the order of the debate or allow members to further comment during the debate. It is the Chao Presiding Officer's duty to allow any member of the Commission to comment or debate if that member wishes to be heard. 20. Executive Sessions PZC may convene into executive session at any time by the affirmative vote of 213rds of the quorum present and by announcing the specific statutory citation and purpose of the executive session in accordance with the Colorado Open Meetings Law, CRS §24-6-402(4). The PZC is not permitted to take official, final action on any matter in executive session. PZC shall comply wth_the requirements of_Exhibit _A concerning executive sessions. if it appears that the tape FecoFdeF in the Commission chambeFS is not functioning propeily at the time that aR e)EeEutio,e sessioR is te be held, OF if theFe is n@ tape FeEE)FdeF aVailabl 111Page Planning and Zoning Commission Rules of Procedure (March 2013) Formatted: Font: Candara Formatted: Normal -- -- -- - - -- - -- -- - - -- -- - - - - - - .. ----- -- - - - - ---- - - - - -- -- -- .. 011111 - - - -- -- --- -- ----- -- 1 111111110-01 -- - - - -- - - 11 -- - -- - - -- - - - - -- - if it appears that the tape FecoFdeF in the Commission chambeFS is not functioning propeily at the time that aR e)EeEutio,e sessioR is te be held, OF if theFe is n@ tape FeEE)FdeF aVailabl 111Page Planning and Zoning Commission Rules of Procedure (March 2013) Formatted: Font: Candara Formatted: Normal Maim. �ssr_sr.'sr��r 11 all 0i OT . .., EE)mm niEati.,.,r whi.h OEE ur iR aR e..eEutiye session shall apply to any FeEord of an exeEutive session kept by the COfflfniSSiOR. 21. Site Visits Each commissioner should visit sites of proposed developments prior to attending a meeting, as a helpful way to gather relevant facts concerning the proposed development. A site visit often leads to a better understanding of a proposed development and, therefore, enhances the ability of the Commission to make appropriate decisions concerning the development of the site. The Commission, as a whole, may schedule and conduct a site visit when requested to do so by the applicant, the staff, the general public, or on its own initiative. In connection with any site visit conducted by the Commission, the applicant shall be notified not less than 48 hours in advance and given an opportunity to attend and participate in the site visit. A site visit shall be noticed by the Director as a public meeting of the Commission. However, a site visit is not a public hearing. Members of the public shall be permitted to attend the site visit to listen to the questions and comments of the staff, the applicant and the Commission, but only at the discretion of theme Presiding Officer does the public have the right to ask questions of the staff, the applicant or the Commission members. Commission members shall avoid engaging in improper ex parte contacts during a site visit. No minutes of a site visit shall be kept by the Director, although the minutes of the Commission should reflect that a site visit was conducted. 22. General Provisions Governing Public Hearings (a) Part of Meeting A public hearing is considered to be part of a regular or special meeting of the Commission. (b) Representation At any hearing, any person may appear or be represented by authorized agents or attorneys at their own expense. Any person who appears before the Commission at any 121Pa;e Planning and Zoning Commission Rules of Procedure (March 2013) hearing shall be required to state the name(s) and address(es) of all persons whom he or she has been authorized to represent at the hearing. (c) Testimony Under Oath Not Required Testimony offered at a hearing before the Commission shall not be required to be given under oath or affirmation. (d) Right To Present Evidence And Cross -Examine Witnesses At a hearing held before the Commission, each party shall have the right to present such evidence as may be relevant, and to cross-examine all witnesses. (e) Rules Of Evidence The strict rules of evidence shall not apply to a hearing held before the Commission. (f) Objections Objections by the Applicant to submitted evidence shall be stated orally for the record. Any objection not made in a timely and proper fashion shall not be recognized. (g) Burden Of Proof The burden of proof shall be on an applicant to prove compliance with the applicable requirements of the Development Code, Subdivision Standards, or other applicable law by a preponderance of the evidence. Preponderance of the evidence means to prove that something is more probably true than not. (h) Limitation of Evidence The Presiding Officer shall have the authority to limit the presentation of evidence tending to be repetitious or which is immaterial or irrelevant. (i) Order of Debate Orderly procedure requires that each side shall proceed without interruption by the order; that all arguments and pleadings shall be addressed to the Commission; and that there be no questioning or argument between individuals. (j) Commission and Staff's Remarks During the hearing, Commission members and members of the staff may ask questions and make appropriate comments pertinent to the application; however, no member should debate or argue an issue with the applicant. (k) Applicant (and Others) Questioned The Commission members may direct questions to the applicant or any person speaking in order to bring out all relevant facts, and may call for questions from members of the staff. 23. Consent Agenda Items are presented to the Commission on a Consent Agenda when Commission action is required, but Staff expects that the Commission will approve the item without conditions. The Commission may call up items for further review when warranted, at their discretion. The following procedures shall be utilized for the review of the Consent Agenda; this review is intended only to ascertain if the items should remain on the Consent Agenda or be pulled off for further review: 131Pa ;e Planning and Zoning Commission Rules of Procedure (March 2013) A. The Commission reviews the requests and asks minimal questions of the staff and applicants. These comments may be brief, and shall be limited to: (i) clarification of the Commissions understanding of the application(s); and (ii) the issue of whether a particular item should be removed from the Consent Agenda and called up by the Commission. C. The Commission may make motions to pull items off the Consent Agenda for further review. D. Any motions to remove items from the Consent Agenda shall be acted on at the time the motion is made. E. If no items are removed from the Consent Agenda, the Chair shall state "the Consent Agenda stands approved as presented". If an item has been removed, the Chair shall state that "all remaining items on the Consent Agenda stand approved as presented," and the Commission shall move on to the review of those items removed. F. Items removed from the Consent Agenda shall be reviewed in the order that would pertain to that type of application as is outlined in Sections 24 and 25. 24. Regular Application Items (Non -Public Hearings) The following process shall be utilized for all regular application items that are not specifically designated as public hearings and may be amended by the Chair at their discretion, subject to the right of the Commission to overrule the Chair: A. The Chair opens the hearing. B. Staff introduces the application and may provide a summary of the staff analysis. C. The Commission asks questions of the staff concerning the staff analysis or procedure of the application. D. The applicant or applicant's representative presents the applicant's evidence in support of the application. D. The Commission asks questions of the applicant (or applicant's representative) concerning the application. F. Audience participation and comment may only be allowed at the discretion of the Chair, subject to the right of the Commission to overrule the Chair. If comment is allowed, it shall take place prior to Commission comments; shall be allowed equally for all participants; and shall allow for an opportunity for the applicant to respond to any opposition comments. G. The staff is given the opportunity to rebut any evidence presented by the applicant or the public, and make its final comments. H. The applicant is given the opportunity to rebut any evidence presented by the staff or the public, and make its final comments. I. The Commission members are given a second opportunity to examine any witnesses and the applicant, and to discuss the request. 141;. a o e Planning and Zoning Commission Rules of Procedure (March 2013) J. Members of the Planning Commission make individual comments concerning the application. The analysis, as presented by the staff, and testimony, as presented by the applicant, may be discussed by the Commission. K. The Chair shall ask if any motions to accept or change the staff analysis and recommendation are to be made. Motions shall be made pursuant to Section 17. L. The Commission shall then vote on the proposed motion, including any and all additional, specific findings and conditions to be placed upon the application if approved. The vote from the Commission shall be pursuant to Section 18. 25. Regular Application Items (Public Hearings) The following process shall be utilized for all regular application items that are not specifically designated as public hearings and may be amended by the Chair at their discretion, subject to the right of the Commission to overrule the Chair: A. The Chair opens the public hearing. B. Staff introduces the application and may provide a summary of the staff analysis. C. The Commission asks questions of the staff concerning the staff analysis or procedure of the application. D. The applicant or applicant's representative presents the applicant's evidence in support of the application. E. The Commission asks questions of the applicant (or applicant's representative) concerning the application. F. The Chair opens the Public Hearing and the Commission takes public comment concerning the application. Once all public comment is received the Chair closes the Public Hearing, unless reopened pursuant to Section 29. G. The staff is given the opportunity to rebut any evidence presented by the applicant or the public, and make its final comments. H. The applicant is given the opportunity to rebut any evidence presented by the staff or the public, and make its final comments. J. Members of the Planning Commission make individual comments concerning the application. The analysis, as presented by the staff, and testimony, as presented by the applicant, may be discussed by the Commission. K. The Chair shall ask if any motions to accept or change the staff analysis and recommendation are to be made. Motions shall be made pursuant to Section 17. L. The Commission shall then vote on the proposed motion, including any and all additional, specific findings and conditions to be placed upon the application if approved. The vote from the Commission shall be pursuant to Section 18. 26. Continuance of Hearing The Commission may continue any hearing, upon timely request, for good cause shown, or upon its own initiative. If a hearing is continued to a date certain, it shall not be necessary to 15Page Planning and Zoning Commission Rules of Procedure (March 2013) re-notice the hearing; it shall be conclusively presumed that all interested parties are aware of the continuation of the hearing. If any hearing is continued without a date certain being specified, it shall be necessary to re-notice the hearing in the same manner as the original notice of hearing was given. 27. Audio -Tape of Public Hearing An audio-taped record shall be made of each hearing which is held by the Commission. The Town shall retain the original audio -tape -in _accordance with the Town's public record retention schedule{^ ROt less than ORe (i) yeaF. A copy of an audio-taped record of a hearing shall be made to any party in accordance with the Town's public record request policies. UPOR writteR Fequest and payment of a fee a„t,,FFAined by the T.-.WR Cledi to be The Town shall not be obligated to provide a transcript of a hearing which is held before the Commission, and any party desiring such transcript shall obtain and pay the cost thereof. 28. Record of the Public Hearing The record of a public hearing which is held before the Commission shall consist of: (i) all staff reports and similar information which is provided to the Commission in connection with the public hearing, excluding confidential attorney-client communications from the Town Attorney; (ii) all documents admitted into evidence by the Commission; (iii) all documents offered into evidence at the hearing, but not admitted; (iv) the written decision of the Commission; (v) copies of any applicable statutes, ordinances, rules or regulations; (vi) a transcript of the public hearing; and (vii) such other documents as may properly be included in the record. 29. Reopening of a Public Hearing Whenever a public hearing has been opened and continued to another date, or where it has been closed and the Commission wishes to take additional evidence prior to a vote or a reconsideration of a vote, the Chair may reopen the public hearing for purposes of taking such additional evidence. The Chair may limit the scope of such evidence to be taken. Whenever a public hearing is reopened and additional evidence is taken, all such additional evidence shall be deemed to be a part of the original public hearing. 30. Decisions By Commission The decisions by the Commission shall be pursuant to §7.16.020(f), Step 6: Review and Decision or such other provisions of the Avon Development Code or other procedures and review criteria adopted by ordinance of the Town as may be applicable. 31. Execution of Documents Any document which requires the written approval of the Commission may be executed by the Chair, or in absence or incapacity of the Chair, by the Vice-Chair. In the event that both the Chair and the Vice-Chair are absent from the Town or are incapacitated at the same time, any member of the Commission may lawfully sign a document in the capacity of Assistant Vice-Chair. 32. Suspension of the Rules 161 P a`e Planning and Zoning Commission Rules of Procedure (March 2013) Any provision of these Rules not governed by the Town Charter or the ordinance which created the Commission may be temporarily suspended at any meeting of the Commission by a majority vote of the Commission. Any Rule may be suspended by general consent if the matter is presented by the Chair and there is no objection by any member of the Commission. 33• Amendment of the Rules These Rules may be amended .,tiRg that iREl .des n d.. eRt of the Rules a one of the stated purposes of the pursuant to the procedures in §7.12.040(1) of the Avon MunmEipal Development Code. 34. RefeFenrze to Robert's Rules of Orde The Commission shall Fefer to the EUFFent edition of Robert's to anSkYeF PFOEedural questions REA Feselved in these Rules, se long as l s Rules of Order Newly Reviosed does nOt EenfliEt With C01OFado law, or with the spirit of these Ru 334 Effect of Adoption of Rules These Rules supersede all prior rules and regulations of the Commission. Adopted: April 9'23 r, 2013 171Page Planning and Zoning Commission Rules of Procedure (March 2013) Exhibit A: Ex Parte Contact and Executive Sessions This Exhibit A sets forth supplemental meeting rules and procedures that may be amended and updated by the Avon Town Council by motion at any time. Ex Parte Contact: Each member of the Commission must refrain from any communications with the applicant or the general public concerning pending quasi-judicial applications. Members of the Commission are charged with conducting public hearings on quasi- judicial applications which are impartial and without bias or pre -judgment. (1) An ex parte contact is any communication (written, oral or electronic) with the applicant, representative of the applicant or member of the general public that is offered to or received by a member of the Commission outside of the actual public hearing process concerning a quasi-judicial application pending before the Commission. (z) Whenever a person attempts to make an ex parte contact with a member of the Commission, the member shall, to the extent possible, refuse to accept such ex parte contact. The member shall advise the person who is attempting to make the ex parte contact that all comments and information related to the pending matter should be presented to the entire Commission, as well as all interested parties, at the time of the public hearing. (3) Any member of the Commission who has received an ex parte contact must report the information and identify the source and date of the contact, to the full Commission and the Applicant, for inclusion in the formal record of the public hearing on the application. (4) Any written ex parte contact transmitted to or received by a member of the Commission concerning a quasi-judicial application which is pending before the Commission, including printed and mailed communications, shall be forwarded directly to the Director for review and incorporation into the staff's report. A copy of such written material shall also be provided to the applicant not later than the commencement of the hearing. The rule against ex parte contacts shall not apply to preclude members of the Commission from contacting the Director, the Town Attorney, or staff members of the Department of Community Development for the purpose of asking questions concerning a pending quasi-judicial application provided that such member shall not express any bias or otherwise formulate any opinion concerning the application prior to the public hearing. Executive Sessions: The Commission shall keep an electronic record and written minutes of its meetings, including any executive sessions, as required by the Colorado Open Meetings Law, Colorado Open Records Act, and such laws and rules as may be adopted by the Town to implement state statutes. At any meeting the Commission, by consent of 2/3 of the quorum present, may go into executive session for those purposes authorized by law. No adoption of any proposed policy, position, resolution, rule, regulation or formal action shall occur at any executive session of the Commission which is not open to the public, except as authorized by the Colorado Open Meetings law. Prior to the Commission going into executive session the Chair shall announce to the public the general topic of executive session, including a specific citation to the applicable provision of the Colorado Open Meetings law which authorizes the Commission to meet in an executive session, and identification of the particular matters to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized. The Commission shall terminate the executive session by a majority vote. Only those matters authorized by statute may be discussed in an executive session. A motion to adjourn or recess a meeting shall not be in order during an executive session. A tape recording of the actual contents of the discussion during an executive sessions shall be made by the Presiding Officer except for executive sessions held for the purpose of receiving legal advice. The tape recording or written record of an executive session shall not be subject to public disclosure or to discovery in any administrative or judicial proceeding, except in an action brought pursuant to Section 24-72-204(5.5)(a), C.R.S. If it appears that the tape recorder in the Commission chambers is not functioning properly at the time that an executive session is to be held, or if there is no tape recorder available at the location where the executive session is to by held, or when otherwise deemed necessary or advisable by the Commission, a written record of the actual contents of the discussion during an executive session which satisfies the requirements of Section 24-6-402 (2)(d.5)(II)(A) and (B), C.R.S., shall be kept. Such tape recording and/or written record shall be retained and destroyed by the Town in accordance with the Town's document retention policy. The provisions of Section 24-6- 402(2)(d.5)(II)(B), C.R.S., concerning privileged attorney-client communications that occur in an executive session shall apply to any record of an executive session kept by the Commission.