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PZC Packet 032012Staff Report — Minor Design & Development Plan March 20, 2012 Planning & Zoning Commission Meeting Am Report date March 15, 2012 Project type Exterior Modifications Legal description Tract Q, Block 2, Benchmark at Beaver Creek Subdivision Zoning Town Center (TC) Address 82 E Beaver Creek Blvd Prepared By Matt Pielsticker, Planner II Summary of Request The Applicant, Kent Beidel, business owner of Loaded Joe's, has submitted a Minor Design and Development application for exterior modifications to an existing commercial space on Tract Q, Block 2 of the Benchmark at Beaver Creek Subdivision, also described as 82 E Beaver Creek Blvd (the Property). The Applicant is proposing to replace three existing wood frame doors with steel framed aluminum doors. Additionally, the applicant is proposing to replace two storefront windows with glass paneled garage doors. The garage doors would be aluminum framed and have an anodized bronze finish to match adjacent window and door frames. Property Description The Property is 1.94 acres (84,506 square feet) with frontage on E. Beaver Creek Blvd and Beaver Creek Place on the northern property line and Benchmark Road on the southern property line. The Property is relatively flat and currently contains a commercial shopping center, with offices on the second floor and restaurants and retail stores on the main level. The surrounding uses are all commercial properties with Christy Sports to the south, Benchmark Plaza ("Boat Building"), with offices and restaurants to the west, and the Annex Building to the east. Planning Analysis According to the Avon Municipal Code (§7.06.080(b)(vii)), modifications to the exterior of an existing building, including but not limited to windows, doors, and/or materials, require approval of a Minor Development Plan application. In addition to the generally applicable review criteria listed on Page 2 of this report, the following Design Standards must be considered with this application: §7.28.090(c)(3)Building Materials and Colors (i) The use of high quality, durable building materials is required. (v) Indigenous natural or earth tones, such as brown, tan .... with an LRV (Light Reflective Value) of sixty (60) or less are required. §7.28.0900)(vii) Storefronts and Pedestrian Entrances (A) The first floor of buildings shall provide: a pedestrian -friendly environment, with human - scale and natural building materials; extensive storefront windows for display and view into the business; and access directly from adjacent sidewalks. (F) In order to ensure that building entrances are welcoming to pedestrians, easily identifiable and accessible from streets and sidewalks, primary entries shall be clearly visible from the street and accentuated from the overall building fagade by: (1) Differentiated roof, awning or portico; (2) Covered walkways or arcades; March 20, 2012 PZC Meeting (3) Projecting or recessed entries from the surrounding building fagade; (4) Detailed doors and doorways with transoms, sidelights, trim details and/or framing; (5) Windows within doorways equivalent in size to fifty percent of door surface area This application appears to be in compliance with the above-mentioned Design Standards which are specific to materials, colors, and storefront pedestrian entrances for commercial buildings. The colors are earth tone and the LRV measures approximately 9, which is in compliance with the standards. The PZC must determine whether this departure in design details is compatible and appropriate given that the rest of the building would continue to utilize wood doors with half panels of glass. General Review Criteria §7.16.080(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 §7.16.090, 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. §7.16.090(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. Recommended Motion Move to approve the Minor Design and Development Plan application for Tract Q, Block 2, Benchmark at Beaver Creek Subdivision, as submitted. Exhibit A — Existing Photographs with Proposed Changes March 20, 2012 PZC Meeting Exhibit A — Existina Photoaraphs with Proposed Chanaes 9 �r ttdwt� ,Iund FAWN ANrp bow J A-,,Jc 7—eeT, 3fzo4?-t F�w�Svlr WIT* FUU Gl-+ S I(Se& 6RA+gPt9 Pry,,� D� uJ� 6cs Sltwt 5tA5 March 20, 2012 PZC Meeting 3 Exhibit A - (Continued) date CJC,�yvl,(%LC �ii� Sj���CLdN� G i rt-� CO. 1 ey- k -r- � l� s L7J K3S JZ FtrJl�at� h -L Um 11,; 1 L4 etdw f J �""Pr.,KC.� iN`E �i(,cSF1n+� SR�.Ef �,�7ruoe,a5tz �; �t1 �c Kss 4rc G AA.A� D00110 - March axzS Manufacturer Specification March 20, 2012 PZC Meeting 4 Exhibit A — (Continued) ha, e0fAsa ftoe March 20, 2012 PZC Meeting 5 Staff Report — Code Text Amendment �I March 20, 2012 Planning & Zoning Commission Meeting AVON To The Avon Planning and Zoning Commission From Jared Barnes, Planner I Date March 16, 2012 RE: Resolution 12-03, A Resolution Recommending Approval Of Amendments To Section 7.04.100, Fees, Avon Municipal Code, And Amending The Development Review Fee Schedule To Allow The Town Council To Adopt Flat Fees For Certain Application Types Summary Town Staff is presenting a modification to Section 7.04.100, Fees, of the Avon Municipal Code as well as an updated Development Review Application Fee Schedule. The combination of these two modifications will allow the Town to set certain application types (i.e. Minor Design and Development Plan, Sign Design, Sign Programs, Railroad Bridge Banners, Alternative Equivalent Compliance, etc.) as flat fees and others will remain pass-through accounts with billable staff time. This code text amendment is a required public hearing and staff noticed this meeting in the Vail Daily on March 9`h, 2012. Background The adoption of Title 7 of the Avon Municipal Code included changing how the Town of Avon collected fees and billed for Staff review time. Prior to the adoption of Title 7, all fees charged for Development Review Applications were considered flat fees that did not change depending on the amount of staff review time. During the adoption of Title 7, the Planning and Zoning Commission (PZC) and Town Council (TC) discussed changing the process to require development review applications to "pay their way". This was in response to some applications consuming a large amount of staff time beyond the amount of time anticipated in the development review fee. Title 7 requires all development applications to be treated as pass-through accounts whereby the applicant is liable for all costs incurred by the Town associated with the review. Additional fees are requested if the initial fee is not sufficient to cover the cost of the application review. Likewise, if the billable review time is less than the application fee, the applicant is entitled to a reimbursement. In December, 2011, Town Staff presented a summary of Fees collected during the 2011 calendar year (Table 1) to the Community Development Subcommittee (CDS). The CDS discussed the amount of staff time associated with processing refunds and questioned the appropriateness of the new process for smaller, less complex development review applications. In January, 2012, Town Staff presented the CDS decision to the Town Council and requested that the Town Council initiate a Code Text Amendment to allow for certain application types to revert back to flat fees. Discussion Town Staff presented Table 1 to the CDS and Town Council, showing the total number of planning and subdivision applications received in 2011. Table 1 includes the initial fee accepted with the application, the average final fee for each type of application, and the number of refunds and additional fees required from each type of application. Table 1 Planninq and Subdivision Fee Intake and Refunds -2011 PLANNING AND SUBDIVISION FEES Number of Applications Initial Fee Average Final Fee Application Refunds Additional Fees Required Major Design & Development Plan 2 $1,100 $1,360 1 1 Minor Design & Development Plan 32 $75 $77 11 9 Alternative Equivalent Compliance 3 $250 $144 3 0 PUD 1 $150 $403 0 1 Sign Design 11 $100 $86 6 1 Special Review Use 7 $500 $216 7 0 1041 Permit 1 $10,000 $1,291 1 0 Subdivision 1 $675 $497 1 0 The Community Development Subcommittee reviewed the information provided in Table 1 and concluded that the average time associated with the process of refunding overpayments and requesting additional fees on smaller projects did not justify the amount of additional fees refunded or collected. Attached to this memo is Resolution 12-03 (Attachment A), which outlines the proposed changes to section 7.04.100, Fees. The proposed changes expand the sentence that requires pass-through accounts for all development review applications to allow the Town Council, through a resolution, to adopt flat fees. In addition to re-classify certain application types, Staff also took this opportunity to clean up redundancies in the fee schedule and simplify the information conveyed to the public. For example, the currently adopted fee schedule splits Major Development Plan and Design Review into two separate fee categories. In practice, Staff always requires both of these fees for any Major Design and Development Plan application. Simplifying this information will assist the public in understanding the required fee at the time of submission. The proposed amendments will promote the goals of Title 7, Avon Municipal Code (Development Code), by creating a more streamlined process for smaller and less complex project types. Furthermore, the proposed amendments will directly respond to changed conditions and create less negative feedback for smaller and less complex project types. Staff has determined that the proposed amendments comply with the Review Criteria for Code Text Amendments as set forth in §7.16.040(c), Avon Municipal Code. Review Criteria §7.16.040(c), Code Text Amendment Review Criteria The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the text of the Development Code: (1) The text amendment promotes the health, safety and general welfare of the Avon Community; (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; (3) The text amendment promotes or implements the purposes stated in this Development Code; or (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. Recommendation Staff recommends that the PZC approve Resolution 12-03, A Resolution Recommending Approval Of Amendments To Section 7.04.100, Fees, Of The Avon Municipal Code And Amending The Development Review Fee Schedule To Allow The Town Council To Adopt Flat Fees For Certain Application Types. Attachments: A. Approved Development Review Fee Schedule B. Resolution 12-03, A Resolution Recommending Approval Of Amendments To Section 7.04.100, Fees, Of The Avon Municipal Code And Amending The Development Review Fee Schedule To Allow The Town Council To Adopt Flat Fees For Certain Application Types. Development Review Application Fees ATTACHMENT A TYPE OF REVIEW INITIAL APPLICATION FEE Pre -Application Review No Charge Comprehensive Plan Amendment $3,000.00 Code Text Amendment $3,500.00 Rezoning $2,000.00 Planned Unit Development PUD 1-4 Dwelling Unit DU Residential Only $1,000.00 5-50 DU Residential Only $2,000.00 50+ DU Residential Only $2,000.00 Base Fee + $15.00 per DU Mixed Use to 50 DU $2,000.00 Mixed Use over 50 DU $2,000.00 Base Fee + $15.00 per DU Minor Change to Preliminary PUD $150 Minor Amendment to Final PUD $150 Special Review Use Residential $200.00 Commercial/Industrial $500.00 Variance $500.00 Alternative Equivalent Compliance $250 Right -of -Way Vacation $250 Vested Property Rights Billable Hourly Rate by Town Attorney Location, Character and Extent Review $250 Appeals Heard by PZC $250.00 Heard by Council $ 250.00 + $50.00 to Town Clerk Annexation $3,500.00 Minor Development Plan Residential $75.00 Mixed Use/Other $250.00 Design Review Residential 1-3 Dwelling Units DU $300.00 4-9 DU $500.00 10-20 DU $700.00 21-40 DU $1,000.00 41-60 DU $1,400.00 61-100 DU $1,800.00 100 + DU $2,500.00 Mixed Use, Commercial, Industrial Up to 1,000 Sq Ft Gross Floor Area $425.00 1,000-2,499 Sq Ft Gross Floor Area $500.00 2,500-4,599 Sq Ft Gross Floor Area $500.00 5,000 — 9,999 Sq Ft Gross Floor Area $500.00 10,000 — 19,999 Sq Ft Gross Floor Area $1,000.00 20,000 — 49,999 Sq Ft Gross Floor Area $1,500.00 Over 50,000 Sq Ft Gross Floor Area $2,500.00 Major Development Plan Residential 1-3 Dwelling Units DU $400.00 4-9 DU $600.00 10-20 DU $900.00 21-40 DU $1,300.00 TYPE OF REVIEW INITIAL APPLICATION FEE 41-60 DU $1,900.00 61-100 DU $2,700.00 100 + DU $4,500.00 Mixed Use, Commercial or Industrial Up to 1,000 Sq Ft Gross Floor Area $500.00 1,000-2,499 Sq Ft Gross Floor Area $800.00 2,500-4,599 Sq Ft Gross Floor Area $1,000.00 5,000 — 9,999 Sq Ft Gross Floor Area $1,500.00 10,000 — 19,999 Sq Ft Gross Floor Area $2,000.00 20,000 — 49,999 Sq Ft Gross Floor Area $3,000.00 Over 50,000 Sq Ft Gross Floor Area $4,000.00 Extensions to Final Design and Development Plans One-half of Plan Review and Design Review Fees SUBDIVISION FEES Minor Subdivision $675.00 Major Subdivision Preliminary Plan Land Subdivision 10 Lots or Less Over 10 Lots $675 + $67.50 per Lot $1,350 + $35.00 per each Lot over 10 Condominium/Townhouse Subdivision 5- 10 Units Over 10 Units $675 + $67.50 per DU $1,350.00 + $10.00 per each DU over 10 Final Plat Land Subdivision 5-10 Lots Over 10 Lots $675 + $67.50 per Lot $1,350 + $35.00 per each Lot over 10 Condominium/Townhouse Subdivision 5- 10 Units or Less Over 10 Units $675 + $67.50 per DU $1,350.00 + $15.00 per each DU over 10 Administrative Subdivision Condominium & Timeshare Subdivision $500.00 Technical Correction $500.00 Lot Line Adjustment $500.00 Subdivision Exemption $500.00 SIGN FEES Individual Sin $100.00 Master Sign Program MSP $300.00 Master Sign Program Amendment $300.00 STAFF HOURLY RATES: Director and Town Engineer $79.00/hour Senior Planner/Project Engineer $63.00/hour Planner II/Engineer II $57.00/hour Planner I/ Engineer I $53.00/hour GIS Analyst $53.00.hour Town Attorney $240.00/hour ATTACHMENT B TOWN OF AVON, COLORADO PLANNING COMMISSION RESOLUTION 12-03 SERIES OF 2012 A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO SECTION 7.04.100, FEES, AVON MUNICIPAL CODE, AND AMENDING THE DEVELOPMENT REVIEW FEE SCHEDULE TO ALLOW THE TOWN COUNCIL TO ADOPT FLAT FEES FOR CERTAIN APPLICATION TYPES WHEREAS, the Avon Municipal Code was amended to require all development applications to be treated as pass-through accounts whereby the Applicant shall be liable for all costs of review incurred by the Town; and WHEREAS, the Avon Town Council adopted the Fee Schedule for Zoning, Subdivision, Design and Development Review Applications through Resolution 10-34 on December 14, 2010; and, WHEREAS, the Avon Community Development Subcommittee and Avon Town Council determined that certain development applications would be better suited as a flat fee, thus reducing the amount of staff time required to process payments and refunds; and WHEREAS, the Town Council initiated an amendment to the text of Title 7 of the Avon Municipal Code in accordance with Section 7.16.040, Code Text Amendment, Avon Municipal Code; and WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public hearing on March 20, 2012, after posting notice of such hearing in accordance with the requirements of the Avon Municipal Code, and considered all comments provided before making a recommendation to the Town Council; and WHEREAS, it is the Planning and Zoning Commission's opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of the amendments to Section 7.04.100, Fees, of the Avon Municipal Code. NOW THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends that the Town Council of the Town of Avon approve the attached amendments ("Exhibit A to Resolution 12-03") to Section 7.04.100, Fees, of the Avon Municipal Code and ("Exhibit B to Resolution 12-03") the Development Review Fee Schedule, with the following findings: (1) The changes to Section 7.04.100, Fees, of the Avon Municipal Code comply with the criteria set forth in Section 7.16.040(c) of the Avon Municipal Code; and, (2) The Planning and Zoning Commission have determined that certain development applications should be processed as flat fees to reduce the amount of staff time required to process the payments and refunds. ACCEPTED, APPROVED AND ADOPTED THIS MARCH, 2012 AVON PLANNING AND ZONING COMMISSION Signed: Chris Green, Chair Resolution 12-03, Code Text Amendment for Flat Fees Attest: Scott Prince, Secretary "Exhibit A to PZC Resolution 12-03" 7.04.100 Fees (a) Fees. Reasonable fees sufficient to cover the costs of administration, peer review by professionals qualified in fields relevant to development applications, inspection, publication of notice and similar matters will be charged to applicants for all development applications. The Town Council may adopt, amend and update a schedule of fees by resolution. The Director may require additional fees when deemed necessary and reasonable based on the nature and character of the review required or where unusual issues are presented which may require additional review. (b) Pass Through Accounts. All development applications shall be treated as pass- through accounts, unless otherwise stated in the schedule of fees adopted by the Town Council through a resolution, whereby the Applicant shall be liable for all costs of review incurred by the Town. Additional review fees may be requested if the initial amount designated in the Fee Schedule is not sufficient for the cost of application review. Upon request by the Applicant, the Town shall provide an estimate of the cost for review of a development application. The Director may withhold processing and review of a development application where the Applicant has not provided sufficient fees to continue or complete the application review. The Town shall return the balance of any unused application review fees when the application process is complete. (c) Payment In -Full Required. All development applications shall be required to pay the Town in full for all costs incurred for the review of a development application. Payment in full to the Town of the costs incurred for development application review shall be a condition to each and every development application. The failure to pay the Town in full for the costs incurred for development application review within thirty-five (35) days of final approval shall render any such approval null and void. The Town Council may waive this requirement, reduce fees, or extend the time period for payment. (d) Interest on Delinquent Fees. Development application review fees and charges which are not paid within thirty (30) days of sending an invoice shall be deemed to be past due and shall bear interest at the rate and according to the terms set forth in Chapter 3.32. (e) Lien for Delinquent Fees. All delinquent development application review fees and charges along with such interest that has accrued thereon shall be subject to a lien on the property which the development application concerned and all such delinquent charges may be certified to the Treasurer of Eagle County, Colorado and may be collected and paid over to the Town of Avon by the Treasurer of Eagle County, Colorado in the same manner as taxes are as authorized by Title 31 of the Colorado Revised Statutes. Resolution 12-03, Code Text Amendment for Flat Fees 3 "Exhibit B to PZC Resolution 12-03" Development Review Application Fees TYPE OF REVIEW FLAT FEE Alternative Equivalent Compliance $250 Extensions to Final Design & Development Plans '/2 of Design & Development Plan Review Fees Individual Sign $100.00 Master Sign Program MSP or MSP Amendment $300.00 Minor Design & Development Plan Residential $75.00 Mixed Use/Other $250.00 Pre -Application Review No Charge Railroad Bridge Banner Application $100 TYPE OF REVIEW INITIAL DEPOSIT FEE Planning & Zoning Fees Annexation $3,500.00 Appeals Heard by PZC $250.00 Heard by Council $250.00 + $50.00 to Town Clerk Code Text Amendment $3,500.00 Comprehensive Plan Amendment $3,000.00 Location, Character and Extent Review $250 Major Design & Development Plan Review Residential 1-3 Dwelling Units DU $700.00 4-9 DU $1,100.00 10-20 DU $1,600.00 21-40 DU $2,300.00 41-60 DU $3,300.00 61-100 DU $4,500.00 100 + DU $7,000.00 Mixed Use, Commercial, Industrial Up to 1,000 Sq. Ft. Gross Floor Area $925.00 1,000-2,499 Sq. Ft. Gross Floor Area $1,300.00 2,500-4,599 Sq. Ft. Gross Floor Area $1,500.00 5,000 — 9,999 Sq. Ft. Gross Floor Area $2,000.00 10,000 — 19,999 Sq. Ft. Gross Floor Area $3,000.00 20,000 — 49,999 Sq. Ft. Gross Floor Area $4,500.00 Over 50,000 Sq. Ft. Gross Floor Area $6,500.00 Planned Unit Development PUD 1-4 Dwelling Unit DU Residential Only $1,000.00 5-50 DU Residential Only $2,000.00 50+ DU Residential Only $2,000.00 Base Fee + $15.00 per DU Mixed Use to 50 DU $2,000.00 Mixed Use over 50 DU $2,000.00 Base Fee + $15.00 per DU Minor Change to Preliminary PUD $150 Minor Amendment to Final PUD $150 Rezoning $2,000.00 Right -of -Way Vacation $250 Special Review Use Residential $250.00 Resolution 12-03, Code Text Amendment for Flat Fees Commercial/Industrial $500.00 Temporary Use $100.00 Variance $500.00 Vested Property Rights Billable Hourly Rate by Town Attorney SUBDIVISION FEES Administrative Subdivision Condominium & Timeshare Subdivision $500.00 Technical Correction $500.00 Lot Line Adjustment $500.00 Major Subdivision Preliminary Plan Land Subdivision 10 Lots or Less Over 10 Lots $675 + $67.50 per Lot $1,350 + $35.00 per each Lot over 10 Condominium/Townhouse Subdivision 5- 10 Units Over 10 Units $675 + $67.50 per DU $1,350.00 + $10.00 per each DU over 10 Final Plat Land Subdivision 5-10 Lots Over 10 Lots $675 + $67.50 per Lot $1,350 + $35.00 per each Lot over 10 Condominium/Townhouse Subdivision 5- 10 Units or Less Over 10 Units $675 + $67.50 per DU $1,350.00 + $15.00 per each DU over 10 Minor Subdivision $675.00 Subdivision Exemption $500.00 ML STAFF HOURLY RATES Director and Town Engineer $79.00/hour Senior Planner/Project Engineer $63.00/hour Planner II/Engineer II $57.00/hour Planner I/ Engineer I $53.00/hour GIS Analyst $53.00.hour Town Attorney $240.00/hour Resolution 12-03, Code Text Amendment for Flat Fees