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TC Ord. No. 2012-03 Approving amendments to the TOA comprehensive plan for Swift Gulch DistrictTOWN OF AVON ORDINANCE NO. 12 -03 SERIES OF 2012 AN ORDINANCE APPROVING AMENDMENTS TO THE TOWN OF AVON COMPREHENSIVE PLAN FOR THE SWIFT GUCLH DISTRICT WHEREAS, the Town of Avon values the prospect of a Regional Transportation Operation Facility on Lot IA, Swift Gulch Subdivision, and Tract AA, Mountain Star Subdivision ( "Swift Gulch District "); and, WHEREAS, the Swift Gulch District is located in the Public Facilities (PF) zone district; and, WHEREAS, the Swift Gulch District was rezoned from Government Park and Employee Housing (GPEH) to Public Facilities (PF) when the Municipal Code was amended by Ordinance No. 10 -14, and the allowable building height was inadvertently lowered from 60' to 40' for the Swift Gulch District by such zoning change; and, WHEREAS, the PF zone district is intended to provide sites for public uses such as community centers, police and fire stations and governmental facilities; and, WHEREAS, according to Sec. 7- 20.080(e), PF, Avon Municipal Code, "Unless otherwise set forth in the Comprehensive Plan, the PF zone district dimensional requirements will apply" to the Swift Gulch District; and, WHEREAS, the design of the Regional Transportation Operation Facility measures 52' at its tallest portion; and, WHEREAS, the Town of Avon approved the Town of Avon Comprehensive Plan in order to ensure that development and redevelopment is compatible with existing and planned adjacent development; and, WHEREAS, the Comprehensive Plan is intended as a "living" document to be periodically reviewed and updated as necessary to meet changing development conditions and community needs; and, WHEREAS, the Town of Avon Planning and Zoning Commission conducted public hearings on February 7, 2012 and February 21, 2012 and considered all public comments prior to making a recommendation to the Avon Town Council regarding adoption of the Comprehensive Plan amendments to the Swift Gulch District; and, WHEREAS, this amendment to the Comprehensive Plan has followed the public notice and public hearing procedures for Comprehensive Plan Amendments as set forth in §7.16.030, Comprehensive Plan Amendments, Avon Development Code; and, WHEREAS, the Town Council conducted a public hearing on March 13, 2012 and considered all public comments and materials presented by Town staff prior to taking action to adopt the attached the proposed amendments to the Comprehensive Plan attached hereto as EXHIBIT A: SWIFT GULCH DISTRICT COMPREHENSIVE PLAN AMENDMENT; and, WHEREAS, the Town Council finds that the Comprehensive Plan amendments meet the criteria set forth in Section 7.10.030(c) Review Criteria of the Avon Municipal Code as more specifically described below, and that the Comprehensive Plan amendments will thereby promote the health, safety and welfare of the Town of Avon residents; NOW, THEREFORE, BE IT RESOLVED, the Town Council hereby approves and adopts amendments to the Comprehensive Plan on March 13, 2012 as set forth in Exhibit A, attached hereto, based upon the following findings: (1) The Swift Gulch District is physically separated by roads and physical terrain, surrounded by Open Space zoned properties, and is situated on the north side of the valley with limited connections to the valley floor. Increases in building height over 40' will not affect view sheds or solar access for surrounding properties; (2) The proposed amendments to building height will ensure that the transportation facility realizes its full build out potential by incorporating internal functional mezzanine space programmed for expanded transit operations in the future, while at the same time maintaining a building with attractive roof forms; (3) The District is connected by Swift Gulch and Nottingham Roads. Swift Gulch road is a two lane collector road, and primarily serves the adjacent multi - family development. The Town of Avon Comprehensive Transportation Plan envisions increased demand on the Swift Gulch/Nottingham Road intersection due to increased transit operations. The building height increase alone does not generate more traffic; the greater use of the facility by the region along with any future expansion of Avon transit will generate more traffic; (4) An increased building height does not necessitate an increase in demand for public services serving the Swift Gulch District. The Fire District is equipped to respond to a fire at a 52' high building in the same manner as a 40' high building; (5) This amendment will result in a better form of development for the Town, while increasing the site development potential of the Swift Gulch District. By incorporating sloped roof pitches, the development is in conformance with the Design Standards outlined in §7.28.090, ADC; (6) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan. Strict adherence to a 40' building height requirement would require a redesign of the project, increased expense, and a less efficient building. A 40' tall flat roof design would not realize the full potential for future planned operations, and would not be in compliance with the Design Standards outlined in §7.28.090, ADC; (7) The proposed plan amendment will promote §7.04.030, Purposes, ADC; specifically, by promoting economical mass transportation opportunities; and, (8) The Swift Gulch District is planned to serve as a regional transportation facility. In order to accommodate the nature and size of the building along with roof pitches required for snow shedding and to design an attractive building in compliance with the Town's Design Standards, a building that exceeds 40' in height is necessary and will result in development in a form that promotes the health, safety and welfare of the Avon Community. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 on March 13, 2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colo ,� , ,_ wary 28, 2012. Published by pos'Wfl Clerk at least seven ATTEST: 6 c Mc yenny, Town Clerk Rich Carroll, Mayor free public places in Town and posting at the office of the Town final action by the Town Council. APPROVED AS TO FORM: Eric Heil, Town Attorney DUC Y APPROVED, AND PASSED ON SECOND READING, AND tE • LI • • Y POSTING on March 13, 2012. � A L i 5 '. Rich Carroll, Mayor Published by pStitle in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: l att c ell , own er EXHIBIT A: SWIFT GULCH DISTRICT COMPREHENSIVE PLAN AMENDMENT District 26: Swift Gulch District The Town of Avon's Public Works and Transportation Departments are located in the Swift Gulch District. In response to the area's high visibility from I -70, efforts have been made to screen the existing buildings and facilities and ensure that they blend into the surrounding environment. Planning Principles: • Encourage building at a scale that minimizes visibility from I -70. • Screen accessory uses with landforms and landscaping, while allowing Building Heights up to 60' along with scale and proportion in response to regional operations and facilities increasing the site development potential • Encourage sidewalks and pedestrian connections. Memo To: Honorable Mayor and Town Council Initials Thru: Patty McKenny, Town Manager From: Matt Pielsticker, Planner III Date: February 28, 2012 Meeting Re: Ordinance 12 -03, Second Reading (PUBLIC HEARING) Comprehensive Plan Amendments for Swift Gulch District Summary This is the second reading of Ordinance 12 -03, an Ordinance (Exhibit A) approving amendments to the Comprehensive Plan for the Swift Gulch District. The Town Council discussed height discrepancies for the Interstate 70 Regional Transportation Operations Facility project at their January 24, 2012 work session. The Avon Municipal Code permits buildings up to 40' tall in the Public Facilities (PF) zone district; the bus barn is designed to be 52' tall. Amendments to the Town's Comprehensive Planning documents are reviewed pursuant to Sec. 7.16.030, Comprehensive Plan Amendments, Avon Municipal Code. Public hearings before the PZC and Council are required before the Council takes action to amend the Comprehensive Plan. The PZC held public hearings on the proposed amendments on February 7, 2012 and February 21, 2012, and approved Resolution 12 -02 (Exhibit B), recommending approval of the amendments to the Swift Gulch district. The Council approved first reading of Ordinance 12 -03 at the February 28, 2012 meeting. Background The Property was originally designated as a Specially Planned Area (SPA), the predecessor to what is now referred to as Planned Unit Development (PUD) zoning. PUD zoning was established for the Property in 1994. The PUD defined allowable uses (e.g. Mechanical Equipment Storage, Transit Storage, Offices, CDL Training Course, etc.) and also set forth the typical development standards such as setbacks, site coverage, and height. The allowable height was set at 48'. In 2008, the Town processed a rezoning application to change from PUD to Government, Park, and Employee Housing (GPEH). One of the driving forces behind the 2008 rezoning application was to permit the construction of employee housing as a use by right, which the then - current PUD did not contemplate. The GPEH zone district also increased the building height to 60'. This project was designed based on the GPEH zoning standards. Between gaining design approval in July 2009 for the previous Swift Gulch plans and the most recent design effort, the Town amended the Municipal Code to provide new zone district standards, and subsequently rezoned the Swift Gulch property to PF. The height was inadvertently lowered to 40' when the Municipal Code amendments were approved, and the new Zoning Map changed the zoning of the property. Conflicts with Municipal Code At the January 24, 2012 Town Council Meeting, this project was discussed and the conflict with the PF district's allowable height was highlighted by Staff. The PF zone district is intended to provide sites for public uses such as community centers, police and fire stations, and governmental facilities. The uses permitted in this district are identified by location in the Avon Comprehensive Plan. March 13, 2012 Town Council Meeting (PUBLIC HEARING) — - The Swift Gulch property is identified in the Avon Comprehensive Plan as the site for the Town's Public Works and Transportation Departments (Avon Comprehensive Plan (2006), Swift Gulch District 26 Planning Principles). The planning principles for the future development of the property do not provide specific details concerning the size, scale or dimensions for future facilities on the property. "Unless otherwise set forth in the Comprehensive Plan, the PF zone district dimensional requirements will apply" to the Swift Gulch project (Sec. 7.20- 080(e)), Public Facilities, AMC). The proposed design of the Swift Gulch facility complies with the lot width, lot coverage, and setback requirements of the PF zone district. The maximum building height of the project is 52 ft. The maximum building height permitted in the PF zone district is 40 feet. PF Zone District Dimensions (Table 7.20 -11, AMC) Table 7.20 -11 Dimensions for the Public Facilities (PF) District As an alternative to amending the entire PF zone district, which may result in unintended consequences for other PF -zone properties in Town, it was determined that a Comprehensive Plan Amendment is the appropriate vehicle for addressing this height discrepancy. The proposed Comprehensive Plan amendment will address the long term vision of buildings in the Swift Gulch property and allow for the currently designed 52' tall Bus Barn. PZC Review The PZC reviewed the Comprehensive Plan amendments concurrently with the design review for the Bus Barn at their February 7, 2012 and February 21, 2012 meetings. The PZC approved Resolution 12 -02, recommending the addition of language to the Swift Gulch District in order to realize the long term vision for construction on the site. With the approval of Resolution 12 -02, the PZC cited the finding that "this proposed amendment is exclusive to this site (Swift Gulch District) and resolves the unintended consequence of the building height reduction and will promote the purposes stated in the Comprehensive Plan." Amendment Review Criteria Pursuant to Section 7.16.030, Comprehensive plan amendments, Avon Municipal Code, the Town Council shall use the following review criteria as the basis for decisions on applications to amend the Avon Comprehensive Plan: (1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; (2) Transportation services and infrastructure have adequate current capacity, or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; March 13, 2012 Town Council Meeting (PUBLIC HEARING) -" N G V N O44) V- d fY �_ v O C 0 J O d L g E d v _ V ~+ m 7 V O �L d d O n/a n/a 40' 60' 20' 20' 20' 40' n/a As an alternative to amending the entire PF zone district, which may result in unintended consequences for other PF -zone properties in Town, it was determined that a Comprehensive Plan Amendment is the appropriate vehicle for addressing this height discrepancy. The proposed Comprehensive Plan amendment will address the long term vision of buildings in the Swift Gulch property and allow for the currently designed 52' tall Bus Barn. PZC Review The PZC reviewed the Comprehensive Plan amendments concurrently with the design review for the Bus Barn at their February 7, 2012 and February 21, 2012 meetings. The PZC approved Resolution 12 -02, recommending the addition of language to the Swift Gulch District in order to realize the long term vision for construction on the site. With the approval of Resolution 12 -02, the PZC cited the finding that "this proposed amendment is exclusive to this site (Swift Gulch District) and resolves the unintended consequence of the building height reduction and will promote the purposes stated in the Comprehensive Plan." Amendment Review Criteria Pursuant to Section 7.16.030, Comprehensive plan amendments, Avon Municipal Code, the Town Council shall use the following review criteria as the basis for decisions on applications to amend the Avon Comprehensive Plan: (1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; (2) Transportation services and infrastructure have adequate current capacity, or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; March 13, 2012 Town Council Meeting (PUBLIC HEARING) -" (3) Public services and facilities have adequate current capacity, or planned capacity, to serve the land use proposed in the plan amendment; (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; (6) The proposed plan amendment will promote the purposes stated in this Development Code; and, (7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. Staff Response: The Swift Gulch District is planned to serve as a regional transportation hub, promoting the mass transportation opportunities that exist in Avon's central valley location. In order to accommodate the nature and size of the Bus Barn, building heights over 40' are required to ensure proper snow shedding, and pitched roof forms that comply with the Design Standards of the Municipal Code. The result will be a cost effective design that is not only aesthetically driven, but capable of meeting the current and future programming needs of the local and regional transit operators. Staff Recommendation Staff recommends approval of Ordinance 12 -03 (Exhibit A) on Second Reading, thereby approving Comprehensive Plan Amendments for the Swift Gulch District. Town Manager Comments Exhibits A — Ordinance 12 -03 B — PZC Resolution 12 -02 March 13, 2012 Town Council Meeting (PUBLIC HEARING) Exhibit A TOWN OF AVON ORDINANCE NO. 12 -03 SERIES OF 2012 AN ORDINANCE APPROVING AMENDMENTS TO THE TOWN OF AVON COMPREHENSIVE PLAN FOR THE SWIFT GUCLH DISTRICT WHEREAS, the Town of Avon values the prospect of a Regional Transportation Operation Facility on Lot IA, Swift Gulch Subdivision, and Tract AA, Mountain Star Subdivision ( "Swift Gulch District "); and, WHEREAS, the Swift Gulch District is located in the Public Facilities (PF) zone district; and, WHEREAS, the Swift Gulch District was rezoned from Government Park and Employee Housing (GPEH) to Public Facilities (PF) when the Municipal Code was amended by Ordinance No. 10 -14, and the allowable building height was inadvertently lowered from 60' to 40' for the Swift Gulch District by such zoning change; and, WHEREAS, the PF zone district is intended to provide sites for public uses such as community centers, police and fire stations and governmental facilities; and, WHEREAS, according to Sec. 7- 20.080(e), PF, Avon Municipal Code, "Unless otherwise set forth in the Comprehensive Plan, the PF zone district dimensional requirements will apply" to the Swift Gulch District; and, WHEREAS, the design of the Regional Transportation Operation Facility measures 52' at its tallest portion; and, WHEREAS, the Town of Avon approved the Town of Avon Comprehensive Plan in order to ensure that development and redevelopment is compatible with existing and planned adjacent development; and, WHEREAS, the Comprehensive Plan is intended as a "living" document to be periodically reviewed and updated as necessary to meet changing development conditions and community needs; and, WHEREAS, the Town of Avon Planning and Zoning Commission conducted public hearings on February 7, 2012 and February 21, 2012 and considered all public comments prior to making a recommendation to the Avon Town Council regarding adoption of the Comprehensive Plan amendments to the Swift Gulch District; and, WHEREAS, this amendment to the Comprehensive Plan has followed the public notice and public hearing procedures for Comprehensive Plan Amendments as set forth in §7.16.030, Comprehensive Plan Amendments, Avon Development Code; and, Exhibit A WHEREAS, the Town Council conducted a public hearing on March 13, 2012 and considered all public. comments and materials presented by Town staff prior to taking action to adopt the attached the proposed amendments to the Comprehensive Plan attached hereto as EXHIBIT A: SWIFT GULCH DISTRICT COMPREHENSIVE PLAN AMENDMENT; and, WHEREAS, the Town Council finds that the Comprehensive Plan amendments meet the criteria set forth in Section 7.10.030(c) Review Criteria of the Avon Municipal Code as more specifically described below, and that the Comprehensive Plan amendments will thereby promote the health, safety and welfare of the Town of Avon residents; NOW, THEREFORE, BE IT RESOLVED, the Town Council hereby approves and adopts amendments to the Comprehensive Plan on March 13, 2012 as set forth in Exhibit A, attached hereto, based upon the following findings: (1) The Swift Gulch District is physically separated by roads and physical terrain, surrounded by Open Space zoned properties, and is situated on the north side of the valley with limited connections to the valley floor. Increases in building height over 40' will not affect view sheds or solar access for surrounding properties; (2) The proposed amendments to building height will ensure that the transportation facility realizes its full build out potential by incorporating internal functional mezzanine space programmed for expanded transit operations in the future, while at the same time maintaining a building with attractive roof forms; (3) The District is connected by Swift Gulch and Nottingham Roads. Swift Gulch road is a two lane collector road, and primarily serves the adjacent multi - family development. The Town of Avon Comprehensive Transportation Plan envisions increased demand on the Swift Gulch/Nottingham Road intersection due to increased transit operations. The building height increase alone does not generate more traffic; the greater use of the facility by the region along with any future expansion of Avon transit will generate more traffic; (4) An increased building height does not necessitate an increase in demand for public services serving the Swift Gulch District. The Fire District is equipped to respond to a fire at a 52' high building in the same manner as a 40' high building; (5) This amendment will result in a better form of development for the Town, while increasing the site development potential of the Swift Gulch District. By incorporating sloped roof pitches, the development is in conformance with the Design Standards outlined in §7.28.090, ADC; (6) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan. Strict adherence to a 40' building height requirement would require a redesign of the project, increased expense, and a less efficient building. A 40' tall flat roof design would not realize the full potential for future planned operations, and would not be in compliance with the Design Standards outlined in §7.28.090, ADC; C Exhibit A (7) The proposed plan amendment will promote §7.04.030, Purposes, ADC; specifically, by promoting economical mass transportation opportunities; and, (8) The Swift Gulch District is planned to serve as a regional transportation facility. In order to accommodate the nature and size of the building along with roof pitches required for snow shedding and to design an attractive building in compliance with the Town's Design Standards, a building that exceeds 40' in height is necessary and will result in development in a form that promotes the health, safety and welfare of the Avon Community. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 on March 13, 2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on February 28, 2012. Rich Carroll, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on March 13, 2012. Rich Carroll, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Exhibit A EXHIBIT A: SWIFT GULCH DISTRICT COMPREHENSIVE PLAN AMENDMENT District 26: Swift Gulch District The Town of Avon's Public Works and Transportation Departments are located in the Swift Gulch District. In response to the area's high visibility from 1-70, efforts have been made to screen the existing buildings and facilities and ensure that they blend into the surrounding environment. Planning Principles: • Encourage building at a scale that minimizes visibility from 1-70. • Screen accessory uses with landforms and landscaping, while allowing Building Hei(-Yhts ui) to 60' alontz with scale mid or000rtion in response to regioilal operations and facilities increasing the site development potential. • Encourage sidewalks and pedestrian connections. Exhibit B TOWN OF AVON, COLORADO PLANNING COMfM[ISSION RESOLUTION 1202 SERIES OF 2012 A RESOLUTION RECOMMENDING APPROVAL, OF AMENDMENTS TO THE AVON COMPREHENSIVE PLAN FOR THE SWIFT GULCH DISTRICT WHEREAS, the Town Council initiated an amendment to the text of the Avon Comprehensive Plan in accordance with Section 7.16.030, Comprehensive Plan Amendments, Avon Development Code; and WHEREAS, the Planning and Zoning Commission of the Town of Avon held public hearings on February 7, 2012 and February 21, 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 the Amon Comprehensive Plan, District 26: Swift Gulch District; and WHEREAS, the Planning and Zoning Commission finds that the changes to the Comprehensive Plan comply with the criteria set forth in Section 7.16.030(c) of the Avon Development Code. NOW THEREFORE, DE 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 -02 ") to the Comprehensive Plan, with the following findings: (1) The area surrounding the Swift Gulch District is compatible with the proposed amendment; (2) The proposed Regional Transportation Facility provides an essential public benefit to the Town of Avon and also serves the entire Eagle River Valley; (3) Transportation services and infrastructure have adequate current capacity, or platmed capacity, to serve potential traffic demands of the land use proposed in the plan amendment; (4) Public services and facilities have adequate current capacity, or planned capacity, to serve the land use proposed in the plan amendment; (5) The amendment will result in a better form of development for the Town, while increasing the site development potential of the Swift Gulch District; (6) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; Exhibit B (7) With the adoption of the November 16`" 2010. von Development Code the building height on this site was reduced to forty (40) feet; (8) This proposed comprehensive plan amendment is exclusive to this site and resolves the unintended consequence of the building height reduction and will promote the purposes stated in the Comprehensive Plan; and, (9) The proposed plan amendment will promote the health, safety and welfare of the Avon Community. ACCEPTED, APPROVED AND ADOPTED THIS FEBRUARY, 2012 AVON PLANNING AND ZONING COMMISSION Signed: f b E C hris Green, Chair Attest: f� Phil Strive, Vice Chairman Resolution 12 -02. Comprehensive Plan Amendment for Swift Gulch District 2 "Exhibit A to PZC Resolution 12 -02 " District 26: Swift Gulch District The Town of Avon's Public Works and Transportation Departments are located in the Swift Gulch District. In response to the area's high visibility from 1 -70, efforts have been made to screen the existing buildings and facilities and ensure that they blend into the surrounding environment. Planning Principles: • Encourage building at a scale that minimizes visibility from 1 -70. • Screen accessory uses with landforms and landscaping, w hile allorN -ing Buil ding; Ilei ctt) to 60 along aktith sca a nd - .ort in response to rek-rion o t)eratiotis _<i nd 1.iell its creasing the site deviLo ) nint�_' .tt�c�t�nial. • Encourage sidewalks and pedestrian connections. l Resolution 12 -02, Comprehensive Plan Amendment for Swift Gulch District Memo To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager From: Matt Pielsticker, Planner II�� Date: February 28, 2012 Meeting Re: Ordinance 12 -03, First Reading Comprehensive Plan Amendments for Swift Gulch District Summary This is the first reading of Ordinance 12 -03, an Ordinance (Exhibit A) approving amendments to the Comprehensive Plan for the Swift Gulch District. The Town Council discussed height discrepancies for the Interstate 70 Regional Transportation Operations Facility project at their January 24, 2012 work session. The Avon Municipal Code permits buildings up to 40' tall in the Public Facilities (PF) zone district; the bus barn is designed to be 52' tall. Amendments to the Town's Comprehensive Planning documents are reviewed pursuant to Sec. 7.16.030, Comprehensive Plan Amendments, Avon Municipal Code. Public hearings before the PZC and Council are required before the Council takes action to amend the Comprehensive Plan. The PZC held public hearings on the proposed amendments on February 7, 2012 and February 21, 2012, and approved Resolution 12 -02 (Exhibit A), recommending approval of the amendments to the Swift Gulch district. Background The Property was originally designated as a Specially Planned Area (SPA), the predecessor to what is now referred to as Planned Unit Development (PUD) zoning. PUD zoning was established for the Property in 1994. The PUD defined allowable uses (e.g. Mechanical Equipment Storage, Transit Storage, Offices, CDL Training Course, etc.) and also set forth the typical development standards such as setbacks, site coverage, and height. The allowable height was set at 48'. In 2008, the Town processed a rezoning application to change from PUD to Government, Park, and Employee Housing (GPEH). One of the driving forces behind the 2008 rezoning application was to permit the construction of employee housing as a use by right, which the then - current PUD did not contemplate. The GPEH zone district also increased the building height to 60'. This project was designed based on the GPEH zoning standards. Between gaining design approval in July 2009 for the previous Swift Gulch plans and the most recent design effort, the Town amended the Municipal Code to provide new zone district standards, and subsequently rezoned the Swift Gulch property to PF. The height was inadvertently lowered to 40' when the Municipal Code amendments were approved, and the new Zoning Map changed the zoning of the property. Conflicts with Municipal Code At the January 24, 2012 Town Council Meeting, this project was discussed and the conflict with the PF district's allowable height was highlighted by Staff. The PF zone district is intended to provide sites for public uses such as community centers, police and fire stations, and governmental facilities. The uses permitted in this district are identified by location in the Avon Comprehensive Plan. The Swift Gulch property is identified in the Avon Comprehensive Plan as the site for the Town's Public Works and Transportation Departments (Avon Comprehensive Plan (2006), Swift Gulch District February 28, 2012 Town Council Meeting 26 Planning Principles). The planning principles for the future development of the property do not provide specific details concerning the size, scale or dimensions for future facilities on the property. "Unless otherwise set forth in the Comprehensive Plan, the PF zone district dimensional requirements will apply" to the Swift Gulch project (Sec. 7.20-080(e)), Public Facilities, AMC). The proposed design of the Swift Gulch facility complies with the lot width, lot coverage, and setback requirements of the PF zone district. The maximum building height of the project is 52 ft. The maximum building height permitted in the PF zone district is 40 feet. PF Zone District Dimensions (Table 7.20 -11, AMC) Table 7.20 -11 Dimensions for the Public Facilities (PF) District As an alternative to amending the entire PF zone district, which may result in unintended consequences for other PF -zone properties in Town, it was determined that a Comprehensive Plan Amendment is the appropriate vehicle for addressing this height discrepancy. The proposed Comprehensive Plan amendment will address the long term vision of buildings in the Swift Gulch property and allow for the currently designed 52' tall Bus Barn. PZC Review The PZC reviewed the Comprehensive Plan amendments concurrently with the design review for the Bus Barn at their February 7, 2012 and February 21, 2012 meetings. The PZC approved Resolution 12 -02, recommending the addition of language to the Swift Gulch District in order to realize the long term vision for construction on the site. With the approval of Resolution 12 -02, the PZC cited the finding that "this proposed amendment is exclusive to this site (Swift Gulch District) and resolves the unintended consequence of the building height reduction and will promote the purposes stated in the Comprehensive Plan." Amendment Review Criteria Pursuant to Section 7.16.030, Comprehensive plan amendments, Avon Municipal Code, the Town Council shall use the following review criteria as the basis for decisions on applications to amend the Avon Comprehensive Plan: (1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; (2) Transportation services and infrastructure have adequate current capacity, or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; (3) Public services and facilities have adequate current capacity, or planned capacity, to serve the land use proposed in the plan amendment; February 28, 2012 Town Council Meeting O ° � 'a c v vai J d o � LL :2 N .��.. w Y3 0 J O _C L V O O m t _ v V (n U) Cn n/a n/a 40' 60' 20' 20' 20' 40' n/a As an alternative to amending the entire PF zone district, which may result in unintended consequences for other PF -zone properties in Town, it was determined that a Comprehensive Plan Amendment is the appropriate vehicle for addressing this height discrepancy. The proposed Comprehensive Plan amendment will address the long term vision of buildings in the Swift Gulch property and allow for the currently designed 52' tall Bus Barn. PZC Review The PZC reviewed the Comprehensive Plan amendments concurrently with the design review for the Bus Barn at their February 7, 2012 and February 21, 2012 meetings. The PZC approved Resolution 12 -02, recommending the addition of language to the Swift Gulch District in order to realize the long term vision for construction on the site. With the approval of Resolution 12 -02, the PZC cited the finding that "this proposed amendment is exclusive to this site (Swift Gulch District) and resolves the unintended consequence of the building height reduction and will promote the purposes stated in the Comprehensive Plan." Amendment Review Criteria Pursuant to Section 7.16.030, Comprehensive plan amendments, Avon Municipal Code, the Town Council shall use the following review criteria as the basis for decisions on applications to amend the Avon Comprehensive Plan: (1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; (2) Transportation services and infrastructure have adequate current capacity, or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; (3) Public services and facilities have adequate current capacity, or planned capacity, to serve the land use proposed in the plan amendment; February 28, 2012 Town Council Meeting (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; (6) The proposed plan amendment will promote the purposes stated in this Development Code; and, (7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. Staff Response: The Swift Gulch District is planned to serve as a regional transportation hub, promoting the mass transportation opportunities that exist in Avon's central valley location. In order to accommodate the nature and size of the Bus Barn, building heights over 40' are required to ensure proper snow shedding, and pitched roof forms that comply with the Design Standards of the Municipal Code. The result will be a cost effective design that is not only aesthetically driven, but capable of meeting the current and future programming needs of the local and regional transit operators. Staff Recommendation Staff recommends approval of Ordinance 12 -03 (Exhibit A) on First Reading, and setting a Public Hearing date of March 13, 2012. Town Manager Comments rV Exhibits A —Ordinance 12 -03 B — PZC Resolution 12 -02 February 28, 2012 Town Council Meeting Exhibit A TOWN OF AVON ORDINANCE NO. 12 -03 SERIES OF 2012 AN ORDINANCE APPROVING AMENDMENTS TO THE TOWN OF AVON COMPREHENSIVE PLAN FOR THE SWIFT GUCLH DISTRICT WHEREAS, the Town of Avon values the prospect of a Regional Transportation Operation Facility on Lot IA, Swift Gulch Subdivision, and Tract AA, Mountain Star Subdivision ( "Swift Gulch District "); and, WHEREAS, the Swift Gulch District is located in the Public Facilities (PF) zone district; and, WHEREAS, the Swift Gulch District was rezoned from Government Park and Employee Housing (GPEH) to Public Facilities (PF) when the Municipal Code was amended by Ordinance No. 10 -14, and the allowable building height was inadvertently lowered from 60' to 40' for the Swift Gulch District by such zoning change; and, WHEREAS, the PF zone district is intended to provide sites for public uses such as community centers, police and fire stations and governmental facilities; and, WHEREAS, according to Sec. 7- 20.080(e), PF, Avon Municipal Code, "Unless otherwise set forth in the Comprehensive Plan, the PF zone district dimensional requirements will apply" to the Swift Gulch District; and, WHEREAS, the design of the Regional Transportation Operation Facility measures 52' at its tallest portion; and, WHEREAS, the Town of Avon approved the Town of Avon Comprehensive Plan in order to ensure that development and redevelopment is compatible with existing and planned adjacent development; and, WHEREAS, the Comprehensive Plan is intended as a "living" document to be periodically reviewed and updated as necessary to meet changing development conditions and community needs; and, WHEREAS, the Town of Avon Planning and Zoning Commission conducted public hearings on February 7, 2012 and February 21, 2012 and considered all public comments prior to making a recommendation to the Avon Town Council regarding adoption of the Comprehensive Plan amendments to the Swift Gulch District; and, WHEREAS, this amendment to the Comprehensive Plan has followed the public notice and public hearing procedures for Comprehensive Plan Amendments as set forth in §7.16.030, Comprehensive Plan Amendments, Avon Development Code; and, Exhibit A WHEREAS, the Town Council conducted a public hearing on February 28, 2012 and considered all public comments and materials presented by Town staff prior to taking action to adopt the attached the proposed amendments to the Comprehensive Plan attached hereto as EXHIBIT A: SWIFT GULCH DISTRICT COMPREHENSIVE PLAN AMENDMENT; and, WHEREAS, the Town Council finds that the Comprehensive Plan amendments meet the criteria set forth in Section 7.10.030(c) Review Criteria of the Avon Municipal Code as more specifically described below, and that the Comprehensive Plan amendments will thereby promote the health, safety and welfare of the Town of Avon residents; NOW, THEREFORE, BE IT RESOLVED, the Town Council hereby approves and adopts amendments to the Comprehensive Plan on February 28, 2012 as set forth in Exhibit A, attached hereto, based upon the following findings: (1) The Swift Gulch District is physically separated by roads and physical terrain, surrounded by Open Space zoned properties, and is situated on the north side of the valley with limited connections to the valley floor. Increases in building height over 40' will not affect view sheds or solar access for surrounding properties; (2) The proposed amendments to building height will ensure that the transportation facility realizes its full build out potential by incorporating internal functional mezzanine space programmed for expanded transit operations in the future, while at the same time maintaining a building with attractive roof forms; (3) The District is connected by Swift Gulch and Nottingham Roads. Swift Gulch road is a two lane collector road, and primarily serves the adjacent multi - family development. The Town of Avon Comprehensive Transportation Plan envisions increased demand on the Swift Gulch/Nottingham Road intersection due to increased transit operations. The building height increase alone does not generate more traffic; the greater use of the facility by the region along with any future expansion of Avon transit will generate more traffic; (4) An increased building height does not necessitate an increase in demand for public services serving the Swift Gulch District. The Fire District is equipped to respond to a fire at a 52' high building in the same manner as a 40' high building; (5) This amendment will result in a better form of development for the Town, while increasing the site development potential of the Swift Gulch District. By incorporating sloped roof pitches, the development is in conformance with the Design Standards outlined in §7.28.090, ADC; (6) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan. Strict adherence to a 40' building height requirement would require a redesign of the project, increased expense, and a less efficient building. A 40' tall flat roof design would not realize the full potential for future planned operations, and would not be in compliance with the Design Standards outlined in §7.28.090, ADC; Exhibit A (7) The proposed plan amendment will promote §7.04.030, Purposes, ADC; specifically, by promoting economical mass transportation opportunities; and, (8) The Swift Gulch District is planned to serve as a regional transportation facility. In order to accommodate the nature and size of the building along with roof pitches required for snow shedding and to design an attractive building in compliance with the Town's Design Standards, a building that exceeds 40' in height is necessary and will result in development in a form that promotes the health, safety and welfare of the Avon Community. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 on March 13, 2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on February 28, 2012. Rich Carroll, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on March 13, 2012. Rich Carroll, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Exhibit A EXHIBIT A: SWIFT GULCH DISTRICT COMPREHENSIVE PLAN AMENDMENT District 26: Swift Gulch District The Town of Avon's Public Works and Transportation Departments are located in the Swift Gulch District. In response to the area's high visibility from I -70, efforts have been made to screen the existing buildings and facilities and ensure that they blend into the surrounding environment. Planning Principles: • Encourage building at a scale that minimizes visibility from I -70. • Screen accessory uses with landfonns and landscaping, while allowing Building Heights up to 60' along with scale and Proportion in response to regional operations and facilities increasing the site development potential • Encourage sidewalks and pedestrian connections. Exhibit B TOWN OF AVON, COLORADO PLANNING COMMISSION RESOLUTION 1202 SERIES OF 2012 A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO THE AVON COMPREHENSIVE PLAN FOR THE SWIFT GULCH DISTRICT WHEREAS, the Town Council initiated an amendment to the text of the Avon Comprehensive Plan in accordance with Section 7.16.030, Comprehensive Plan Amendments, Avon Development Code; and WHEREAS, the Planning and Zoning Commission of the Town of Avon held public hearings on February 7, 2012 and February 21, 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 the Avon Comprehensive Plan, District 26: Swift Gulch District; and WHEREAS, the Planning and Zoning Commission finds that the changes to the Comprehensive Plan comply with the criteria set forth in Section 7.16.030(c) of the Avon Development 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 -02 ") to the Comprehensive Plan, with the following findings: (1) The area surrounding the Swift Gulch District is compatible with the proposed amendment; (2) The proposed Regional Transportation Facility provides an essential public benefit to the Town of Avon and also serves the entire Eagle River Valley; (3) Transportation services and infrastructure have adequate current capacity, or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; (4) Public services and facilities have adequate current capacity, or planned capacity, to serve the land use proposed in the plan amendment; (5) The amendment will result in a better form of development for the Town, while increasing the site development potential of the Swift Gulch District; (6) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; Exhibit B (7) With the adoption of the November 16"', 2010 Avon Development Code the building height on this site was reduced to forty (40) feet; (8) This proposed comprehensive plan amendment is exclusive to this site and resolves the unintended consequence of the building height reduction and will promote the purposes stated in the Comprehensive Plan; and, (9) The proposed plan amendment will promote the health, safety and welfare of the Avon Community. ACCEPTED, APPROVED AND ADOPTED THIS FEBRUARY, 2012 AVON PLANNING AND ZONING COMMISSION Signed: ca- t— Chris Green, Chair Attest: Phi Stn.tve, Vice Chairman Resolution 12 -02, Comprehensive Plan Amendment for Swift Gulch District Exhibit B "Exhibit A to PZC Resolution 12-02" District 26: Swift Gulch District The Town of Avon's Public Works and Transportation Departments are located in the Swift Gulch District. In response to the area's high visibility from 1-70, efforts have been made to screen the existing buildings and facilities and ensure that they blend into the surrounding environment. Planning Principles: * Encourage building at a scale that minimizes visibility from 1-70. • Screen accessory uses with landforms and landscaping, while alloNOng Building HeiUbts up to 60 alom- with scale and provortion in response to regional operations and facilities increasing the site development potential. 0 Encourage sidewalks and pedestrian connections. Resolution 12-02, Comprehensive Plan Amendment for Swift Gulch District