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PZC Packet 01-06-2009 (2)VON C o L 0 R A D 0 WORK SESSION (5:00pm — 5:30pm) Town of Avon Planning & Zoning Commission Meeting Agenda for January 6, 2009 Avon Town Council Chambers Meetings are open to the public Avon Municipal Building / One Lake Street I. Discussion of Regular Meeting agenda items. It. Western Sage PUD Monument Sign Approval — Questions from the Applicant III. Riverfront Mockup Removal REGULAR MEETING (5:30pm) Call to Order It. Roll Call III. Additions and Amendments to the Agenda IV. Conflicts of Interest V. Consent Agenda • Approval of the December 16, 2008 Meeting Minutes • Resolution No. 08-09, A Resolution Recommending Approval of the Swift Gulch Rezoning Application — heard on December 16, 2008 VI. PUD 8[ Preliminary Subdivision: Red House Annexation Parcel — (CONTINUED PUBLIC HEARING) Property Location: Lots 1-2, Red House Exemption Plat / 38361 Highway 6 Applicant: Rick Pylman, Pylman and Associates /Owner: Vail Corporation Description: The applicant and property owner, the Vail Corporation, represented by Rick Pylman of Pylman and Associates, is proposing a new Planned Unit Development (PUD) for a development site currently located in unincorporated Eagle County and zoned Commercial Limited (CL) under the County's zoning regulations. After review and comments from the Commission, this item was tabled from the December 16, 2008 Planning and Zoning Commission hearing. VII. Other Business VIII. Adjourn Posted on January 2, 2008 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • Avon Public Library • On the Internet at httD://www.avon.orq / Please call (970) 748.4030 for directions s1 AVON C O L O R A D O WORK SESSION Main Street Construction Update Town of Avon Planning & Zoning Commission Draft Meeting Minutes for December 16, 2008 Avon Town Council Chambers Meetings are open to the public Avon Municipal Building / One Lake Street Description: Justin Hildreth, Town Engineer, gave an update to the Planning Commission of the anticipated construction schedule and construction documents for the Main Street project. Discussion of Regular Meeting agenda items. REGULAR MEETING Call to Order The meeting was called to order at 5:33 pm. IL Roll Call 1_71� Commissioner Roubos was absent and C& Item VIIB. III. Additions and Amendments to the Agem Commissioner Struve recommended that tl heard first, sincerno other\applicants Commissioners were in agreement with the IV. Conflicts of Inter There were -no coi V. Consent Agenda VI �VY r imissioner Green arrived late, during Final Design 'Item VIIB (Perdzok Residence) be at the start of the meeting. All Approval of the November 18; 2008 Meeting Minutes Resolution No. 08-07, A' Resolution Recommending Approval of the Comprehensive .,Plan Amendment related to the 'Red House' Parcel Commissioner. Goulding moved to approve the Consent Agenda seconded the motion/ It was approved as written with a 5-0 vote. Sign Design Application . Western Sage PUD Monument Sign and Commissioner Struve Property Location: Lots 1-5, Western Sage PUD / 5203 Longsun Lane Applicant. I Owner. Ted Leach, Western Sage Partners, LLC Description: The application proposes a 5'-6° tall ground mounted freestanding sign constructed of Sandstone and stone veneer. The sign will be adjacent to and thereby demarcate the private drive at the end of the Longsun Lane cul-de-sac. i Discussion: Jared Barnes presented Staffs report. Commissioner Evans asked the applicant why the Commission should approve the sign and the motivation behind the sign. 1 Ted Leach approached the podium and responded that they explored the idea of providing monuments at each house, but felt that one sign at the cul-de-sac would be a more appropriate as a project entrance with added landscaping pursuant to the Design Guidelines and the Sign Code. The Commission discussed the nature of the sign design and other properties in the subdivision with similar signage. Commissioner Green suggested a different approach to the sign design to signify the name of the project and add the word "enclave". The applicant and staff stated that the drive, which is the sole access for five (5) single-family properties, is privately owned and plowed/maintained by the private association for those properties. Action: Commissioner Goulding motioned to approve the sign with the condition that the language °private driven be removed. The motion was seconded by Commissioner Struve. The motion passed with a 6-0 vote. VII. Final Design Review A. Beowulf Residence Property Location: Lot 7, Western Sage PUD / 5771 Wildridge Road East Applicant: Julio Spinnato, Studio Spinnato, Inc: / Owner. Beowulf Lot 7 LLC Description: Follow-up to conditions of approval,from November 18, 2008 me ti g. Discussion: Matt Pielsticker gave a brief presentatiori highlighting relevant details contained his Staff Report. Julie Spinnato, on behalf of the property owners, gave a visual presentation using the projector and computerized images to illustrate the changes she made to -tier design since receiving input from the Commission on November 18,_2008N_ , Commissioner Evans asked about the change, in. light ni ` Julie Spinnato responded that it was based on the client's.desires. ' y Commissioner Prince asked for the exact numbers of sconces and landscape lighting that were shown ori the building and site plan. Julie Spinnato outlined the exact numbers and locations of eacfi'typ'e on the proposed site. Commissioner Evans' -asked -if -the conces could be changed to Night Sky Compliant fixtures. Julie Spinnato responded that if the'building code would allow it she would be fine with it. Commissioner Evans asked about the secondary roof material, metal standing seam. Buzz Reynolds stated that there were numerous examples of the metal roof throughout Wildridge. Matt,P�ielsticker added that the color was Energy Star approved for reflectivity. Commissioner Evans "questioned the'need for it when an asphalt shingle roof is acceptable with the 4:12 roof pitch. Commissioner Green. stated that the light fixtures need to be Night Sky Compliant. Commissioner Evans asked if he would make that a condition if he made a motion. Commissioner Grer6d responded that he would. Commissioner Green stated that he also had concerns about the colors for the building. He stated that it wouldn't fit in with the warm colors of the neighborhood. Commissioner Lane stated that he was concerned with the light fixtures as well, and agreed with Commissioner Green's comments. He also had concerns about the metal roof and how it meets the asphalt shingle roof. Mr. Lane also had concerns with the colors of the building. Commissioner Prince stated that the outdoor lights are a concern of his as well. Julie {Spinnato asked if the removal of the recessed cans would be acceptable. Scott stated that he would prefer the fully cutoff design. Commissioner Struve stated that his concern is also the light fixtures. 6 Commissioner Goulding stated that he agreed with the previous comments. Commissioner Evans stated that a Night Sky Approved light fixture would be needed instead of the sconces. Buzz Reynolds stated that he understood the comments and stated that he would work with staff to meet this requirement. Action: Commissioner Green moved to approve Lot 7, Western Sage, as revised, with the condition that the wall sconces and any other exterior light meet or beat the Night Sky Compliance rating and Staff will review the revised lighting plan prior to building permit. Commissioner Goulding seconded the motion and it passed 6-0.., B. Perdzock Residence Property Location: Lot 83, Block 4, Wildridge Subdivision / Applicant: Langenwalter Architects / Owner. John & Janet F Description: Review of a single-family residence on-aad Road East. The proposal is for a 34' maximum height, and with stucco and stone veneer siding. A Sketch Design reviewed at the August 5, 2008 Planning and2ohing Com Discussion: Jared Barnes highlighted staffs report ;and during the previous sketch design review of this project: T the Engineering Department were mentioned. Jared Barne storage areas if a guardrail were to be.required for this pr building materials are provided, an"d the proposed colors sensor must also be added to the landWaape.plant , Road East uplex zoned property on Wildridge the structuress composed primarily application for. this property was mission meeting. ,the :deliberations -that took place he drainage issues brought forth by s expressed concern with the snow operty. He stated that at least two are' earth tone in nature. A rain Jared Barnes mentioned that Staff is f6commehding-tabling this application due to conflicts with Sections A -D of the Design Guidelines./If the Commission were to approve the project, Jared Barnes recommended that the Commission utilize the ten (10) staff recommended conditions, minus condition.number 7. `y Commissioner Lane, questioned the light fixture proposed, and if it meets the night sky ordinance. Staff responded"th"at it did appear to meet the Design Guidelines. Com missioner-Prince 'questioned -the -min sensor note and if more would be required than is shown" on -sheet L1. Jared Bames responded that this item was overlooked, and the rain sensor note provided"would'be sufficient. The -applicant, Kathy. Langenwalter, addressed the Commission. She began by speaking to the"cdmmissioner concerns that were brought up during sketch review, such as the apparent lack of stone on the building; she mentioned that more has been added. Wood has been added on the garage 'doors at the Commission's request, and the entrance ridge is now centered `-,Commissioner Green wanted to know if a Chevy Suburban could get out of the middle car garage with'a two point turn. The response was affirmative. Kathy Langenwalter continued by demonstrating that the required snow storage can be provided at 201/o, without the need to redesign the driveway and avoid interfering with the guardrail. Commissioner Struve questioned what type of guardrail will be used, and Kathy Langenwalter stated that it would be a typical °highway" type design. Kathy mentioned that a French drain would be utilized for drainage out of the driveway. The applicant brought up the fact that the neighboring property owner also used a retaining wall in the abutting easement and that the owners of this property desire to use the same retaining wall layout and resulting encroachment. Ms. Langenwalter mentioned the light fixture, and stated that the wattage is up to the owners A broader lighting discussion between Commissioners ensued. Commissioner Prince questioned the number of lighting fixtures on the building. Commissioner Goulding feels that most of the previous discussion points have been addressed. However, he questioned the varied use of materials on other elevations of the building — in particular, the elevations other than the north. Ms. Langenwalter discussed the rationale for using the large areas of stucco including maintenance related issues and ecological reasons. Commissioner Goulding reiterated his concern with how the exeterior materials are applied to the building. He felt that the north elevation met the intent of the guidelines, but others did not. Commissioner Struve felt that the sketch comments have been addressed, and it meets the design guidelines. He did have an issue with the wattage of the light bulbs. Commissioner Prince felt that the structure did fit in with the neighborhood and the lighting did need to be addressed. Commissioner Lane also believed that the west, south; and east elevations and the materiality needed to be addressed. The lighting was also apparent conflict for Commissioner Lane. The applicant responded that the elevations:are.broken up, and stepped in appearance to avoid the appearance of one material. Kathy Langenwalter. felt that the materials do meet what the guidelines ask for, and the structure is,.compatible with the neighborhood. She explained that budget issues were also a concern to the owners with other building materials. Commissioner Green was in general -agreement with the concerns expressed by the other Commissioners. He showed appreciation for how the applicant responded to some of the previous concerns. `� ` "�. I/ Commissioner Prince pointed out the landscaping,cii the south side and felt that increased landscaping is warranted. Kathy Langenwalter responded that the view shed is a concern when placing more landscaping on this elevation of the building. Commissioner Evans expressed issue with the quantity and type of lighting proposed. He felt that a Dark%Sky, compliant fxture should "6e -,used, given the number of fixtures. He understands Commissioner�Goulding's comments on materiality, but felt that it did meet the minimuum.guidelines.\', Action: -Commissioner Struve moved t appove the Final Design Application for Lot 83, Block 4; .Wildridge Subdivision: first three conditions as stated in staffs report; condition #4 - light fixtures are no larger than 40, watCincandescent or equivalent; staff will review full -cutoff options, and conditions ##9 and #10 as drafted in the report. Motion dies with no second. CommissionerPrince moved to approve with conditions #1, #2, #3, #4 (and that #5 has already been, addressed by the applicant); #6, #9, and #10 from staffs report; and the maximum 40`watt bulbs for lighting with Dark Sky Ordinance approved fixtures; and revised landscaping on south side of the structure will be approved by Staff with an increased number of plantings. Commissioner Green seconds the motion. Commissioner Evans discussed the motion, and questioned if condition #6 could be removed. Commissioner Prince was in agreement with the revised motion to remove condition #6, and Green was in agreement. The motion passed with 4-2 vote. Q VIII. PUD & Preliminary Subdivision: Red House Annexation Parcel — (CONTINUED PUBLIC HEARING) Property Location: Lots 1-2, Red House Exemption Plat 138361 Highway 6 Applicant: Rick Pylman, Pylman and Associates / Owner. Vail Corporation Descrintion: The applicant and property owner, the Vail Corporation, represented by Rick Pylman of Pylman and Associates, is proposing a new Planned Unit Development (PUD) for a development site currently located in unincorporated Eagle County and zoned Commercial Limited (CL) under the County's zoning regulations. Discussion: Matt Gennett presented Staffs Report highlighting all,of the applications that are currently in process for this project. He also highlighted a few,of-the modifications from the previous submittal. Matt Gennett stated that one of the changes was to the proposed Whitewater Park viewing platform on the river. Instead, the applicant has proposed a path leading east, under the bridge to a new kayak drop-in location Non the north east edge of the property. , '�4 IN � Commissioner Evans asked if all of the referrals re"podded. Matt Gennett stated that not all have been received and outlined those received.ttius far. ` Commissioner Evans asked about the Ietteijeceived from °the Avon Histori al\Committee. He stated that a letter would not be acceptable�as-a nomination for Historical' designation. Commissioner Green questioned the letter and the relocation of the building.' Commissioner Evans stated that until a parcel goes through the proper process it shouldn't be discussed. Rick Pylman, Pylman and Associates presented the team f t is with the himself representing the applicant. He outlined the deveiopment-statistics, specifically -the number of units, size of units, and parking for the units. �,,� `` r Rick Pylman discussed the river setback%encroachments-on;both sides. He showed that the largest encroachment -would be an on-grade�i2 foot -encroachment into the Beaver Creek setback. The other encroachments max\ou{ at 10 feet and use boulder retaining walls less than four feet in.tiei4ht. .. ' Brandt Marotta VaiCResort Development Company,'discussed the kayak park access. The path will be three feet in.width`and.be made of crusher rock and will be underneath the bridge. He also stated the land dedicha ation.tfwould be given to the Town. Gary' -Brooks,.. IA pine Engineering, stated that there was a construction and maintenance easement. He 'stated, that there,was, an'area larger in size and it would be conveyed to the Town and that the current easement would be vacated. Commissioner Goulding`asked'-why the Town would be receiving a piece of land that the developer could not develop. Rick Pylman responded that the Town asked for the land and the developer agreed to deed it to the Town. Commissioner Greewasked about the setbacks and how the correspond to the land to be deeded to the town:.Matt Gennett asked that the setbacks be shown on a survey. 1; Brandt Marott commented on the pedestrian access. He stated that the applicants are proposing to use flashing crosswalks. He also stated that they are proposing to enhance the median on Highway 6. The sidewalk would be modified with a 6 foot landscape buffer and a 7 foot sidewalk. Brandt Marott stated that the project would be sustainable. The applicants are proposing environmental stewardship, Water treatment, Reduce Carbon Footprint, Preserve and Restore Natural Habitat, and Water Conservation. Brandt Marott commented on the architecture of the proposal. He stated that a new architect has proposed a different style. Each building will be complementary but not identical. He also stated that the two 2 -bedroom unit would be purchased after building permit is issued by prior to the CO of the units. Rick Pylman stated that the applicants are in agreement with the staff recommendation and the six conditions. Commissioner Prince asked how the people staying here would get to the Beaver Creek bus system. Rick Pylman stated that the applicants didn't address that. He also stated that they were more concerned with getting pedestrians into Town and the shops. Commissioner Green questioned the Deed Restricted Housing. Brandt Marott responded that they are proposing to buy a current built product in the Town of,Avon and lower the price through a deed restriction and deed it to the Town for their Housing'Program. Commissioner Green questioned the setbacks when there..is`a building envelope that is already being proposed. Matt Gennett stated that if easements'change this allows the design to potentially change. Commissioner Evans stated that they don't want that to happen and they would prefer to have a building envelope instead of•a setback. The Public Hearing was opened and closed due to no person wanting to comment. Commissioner Goulding liked the new Kayak access. He\did state that 'kfeet'could not be wide enough and that a slightly larger path `would 'be better.`.�He did ask who owns the land under the bridge. Justin Hildreth stated that it was'owned"by`t10-1 he Town. Commissioner Goulding stated that there is a different material used for road crossings and asked if the applicant was going tc `use -that. Rick Pylman responded that they were not going to do that. Commissioner Goulding stated'that he would lik`e,tiNee both of the crosswalks but he knows that it could be possible on the Avon Road crosswalk. He stated that the Avon Road crosswalk needs to be consistent with the rest of the Town crosswalks. Commissioner Goulding stated that the nice-sidewalk'is� great on their property, but once you get to the bridge the -sidewalk is very uninviting. He is. most concerned with that pedestrian access. Commissioner Green, asked whaWresponsibility the developer has to fix a problem something similar to what Commissioner Goulding is asking for. Commissioner Goulding stated that he wassolely identifying a problem and that this problem is being created by the development on this'property.. , w.~ Commissioner`Gouldirig�commented`that'the proposed Housing Program should reflect something out -of tfie need area as outlined by the most recent Housing Needs Assessment anis deed restricting it so that it addresses a need. �Cominissioner Struve stated that. he agrees that the bridge needs to be fixed but it is not the sole issue of the developer. He stated that he would love to see the applicant participate. He appreciates that the architecture is a great step. Commissioner Prince echoed Commissioner Goulding's comments on the Attainable Housing proposed. He,also,agreed that the crosswalks need to be compliant with the Town's standard. Commissioner Lane has the same concerns on the Attainable Housing. He is excited about the new architecture and wants to see how the sustainability is going to be incorporated. Commissioner Green had concerns about the patios extending into the setbacks. He wants to make sure the landscaping and revegetation of those areas are done correctly. He would prefer to see a building envelope over setbacks. He feels that sustainability needs to address the energy consumption and viewing Architecture 2030 regulations would be beneficial. Commissioner Evans stated that sustainability is paramount. He doesn't care what sustainable organization you go with because the means do not justify the ends. He would love to see a process that heads to an end result. The result could be a reduction of energy and the applicant needs to outline the processes to meet that goal. Commissioner Evans also Q agrees with the AMI comments Commissioner Goulding brought up. He doesn't think it is the developer's responsibility to fix the bridge. Commissioner Evans asked Matt Gennett what the next steps were. Matt Gennett responded that the next step would be to ask Staff to come back with a Resolution that memorializes the comments made at this meeting. Commissioner Goulding stated that he wanted the applicant to propose steps that may not cost the applicant a penny but would tell the town how to improve the bridge. He stated that many of the potential conditions would need to be readdressed instead of becoming conditions. Commissioner Goulding asked his fellow Commissioners if they felt the current Town of Avon Design Guidelines would be strong enough to hold the applicant to the standards shown in the sketch. . , Action: Commissioner Goulding moved to table Item first January meeting. Commissioner Struve second( IX. Rezoning—(PUBLIC HEARING) Property Location: Lots 1A & 1 B, 2, and Tr, ApplicantlOwner. Jennifer Strehler, Dept of X. ..Red House Annexation Parcel to the re motion and,it passed 6-0. Road portation Director 11 Descriotion: The Town of Avon is proposing to reione .four parcels of land, which together encompass the Swift Gulch Public Works and Transportation facility. The current zoning is Planned Unit Development (PUD)PUD for the subject properties. This application would rezone "Government, Park, and Employee Housing (GP&)".. According to the Avon Municipal Code, the GPEH zone dist rict'is,"rntended to provide stes for parks, community centers, park and recreation facilities, `water storage treatment and distribution systems, fire station, governmental facilities and publicland/or.pn'vate housing units for Avon area employees.° A _ ,fir �. '� •� � s Discussion: Matt.Pielsticker presented Staffs Report and highlighted the four review criteria for a rezoning:pursuant to Title"l7, AMC. Jennifer Strehler, 'Public Works .Director representing the Town, presented a slideshow outlining.the_P,urpose and Benefits of the proposed zone change and accompanying materials to support the proposal Commissioner Green asked if a subdivision was being asked for. Matt Pielsticker said that a Subdivision process would be separate from this application. Commissioner Evans'asked if there are any allowed uses by the PUD that are not allowed by GPEH zoning. Jennifer Strehler said that the fueling station was one, but that the Zoning Administrator could deem that it is acceptable. Commissioner Evans opened and closed the Public Hearing due to nobody wanting to respond. Action: Commissioner moved to approve Item IX. Rezoning — Lots 1A, 1B, 2, and Tract AA with the findings listed in Staffs Report. Commissioner Green seconded the motion and it passed 6-0. Other Business The commissioners mentioned that there was a sign on Metcalf Road which was not approved for Maximum Comfort Pool and Spa. XI. Adjourn The meeting was adjourned at 9:40 PM. TOWN OF AVON �7 L P ANNING AND ZONING COMMISSION AVO N C O L O R A D O RESOLUTION NO. 08-09 A RESOLUTION RECOMMENDING APPROVAL TO THE TOWN COUNCIL OF THE REZONING APPLICATION FOR LOTS 1A, 111, 2, SWIFT GULCH ADDITION, AND TRACT AA, MOUNTAIN STAR, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, The Town of Avon Municipal Code Section 17.28 outlines the procedures for the rezoning of real property in the Town of Avon; WHEREAS, The Town of Avon Public Works and Transportation Department filed an application to rezone the following Town of Avon owned parcels of land from Planned Unit Development (PUD), to Government, Park, and Employee Housing (GPEH): Lot I A & Lot 1 B, A Resubdivision of Lot 1, Swift Gulch Addition Lot 2, Swift Gulch Addition Tract AA — Second Amendment, Mountain Star Filing No. 2; WHEREAS, Pursuant to the pertinent noticing procedures required by law, the Planning and Zoning Commission of the Town of Avon held a public hearing on December 16, 2008; at which time the Planning and Zoning Commission was given the opportunity to hear both feedback and input from Town Staff and members of the public; WHEREAS, The Planning and Zoning Commission considered the following review criteria when evaluating this application: (1) Is the proposed rezoning justified by changed or changing conditions in the character of the area proposed to be rezoned? (2) Is the proposed rezoning consistent with the Comprehensive Plan? (3) Is the proposed use compatible with the surrounding area or uses? FAI'lanning & Zoning CommissionlResolutions\20081Res 08-0SSwia Gulch Remning.doe (4) Are adequate facilities available to serve development for the type and scope suggested by the proposed zone?; and WHEREAS, at the December 16, 2008 regular meeting, the Town of Avon Planning and Zoning Commission voted unanimously to approve the application citing the following findings: (1) The proposed rezoning is consistent with the Town of Avon Comprehensive Plan; .(2) The proposed rezoning is compatible with the surrounding land -uses; and, (3) There are adequate facilities available to serve this development for the type and scope suggested by the proposed zone: GPEH. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission of the Town of Avon hereby recommends APPROVAL of the application to rezone said properties from the zoning designation of PUD, to GPEH. ADOPTED AND REAFFIRMED THIS 6th DAY OF JANUARY, 2009 SIGNED: Chris Evans, Chair ATTEST: Phil Struve, Secretary Date: Date: FAManning & Zoning CommissionUtaolutions12008%cs 08-0BSwift Gulch Remning.doc V. _f/r` AVON Memo C 0 L o R A D o To: The Planning and Zoning Commission From: Matt Gennett, AICP, Planning Manager Date December 16, 2008 Planning and Zoning Commission Meeting Re: Red House PUD and Preliminary Plan for Subdivision Applications At their December 16, 2008 meeting, the Planning and Zoning Commission tabled the Red House PUD and Preliminary Plan for Subdivision applications stating the applicant needed to return in order to address, in more detail, the following items: 1. The Proposed Attainable Housing Mitigation Plan; 2. Feasibility of Expanded Improvements for Pedestrian Access to Town Center East, 3. General Methods of achieving `Sustainability" (LEEDS, "Green"Architecture, etc.); 4. Use of a Building Envelope versus Setbacks, 5. Crosswalk Improvements and Materials, and, 6. Possible Widening of Proposed Kayaker Access Path. The applicant and property owner, the Vail Corporation, and their representative, Rick Pylman of Pylman and Associates, are prepared to address each of these items during the January 6, 2009 hearing of the Planning and Zoning Commission. Attached to this memorandum as Exhibit A are two sheets submitted by the applicant to address their proposed sustainability methodologies, and Exhibit B is the original Staff Report from the December 16, 2008 Commission hearing which does not include all of the attachments thereto. Staffs recommendation, as stated in the December 16 report cited above, has remained unchanged. Attachments: Exhibit A: Sustainable Architectural and Site Features (2 pages) Exhibit B: Staff Report dated December 12, 2008 d al4io-S 0 3F 11) Al ., ., Exhibit B AVON Staff Report COLORADO Zoning — PUD / Preliminary Subdivision Applications & Comprehensive Plan Amendment December 16, 2008 Planning & Zoning Commission Meeting Report date December 12, 2008 Project type Planned Unit Development (PUD) & corresponding applications Legal description Lots 1 and 2, Red House Exemption Plat Current zoning Eagle County, Commercial Limited (CL) Address 038361 Highway 6, Avon Area, Eagle County Project Summary The applicant and property owner, the Vail Corporation, represented by Rick Pylman of Pylman and Associates, is proposing a new Planned Unit Development (PUD) on a development site currently located in unincorporated Eagle • County and zoned Commercial Limited (CL) under the County's zoning regulations. The proposed PUD entails concurrent applications for a Specific Amendment to the 2006 Town of Avon Comprehensive Plan, a Preliminary Plan for Subdivision, and the execution of an Annexation which is currently in -process and has met the prerequisite eligibility requirements. The "Red House" property is currently comprised of two separately defined parcels of land, legally described as Lots 1 and 2, Red House Exemption Plat, Eagle County, Colorado, and the Vail Corporation owns both lots. The defined boundaries of Lot 1 encompass 0.387 acres of land adjacent to Highway 6, and Lot 2 contains 1.054 acres contiguous to the southern bank of the Eagle River. As noted above, the two subject lots of the PUD proposal have not been annexed into the Town of Avon and are currently under the land use jurisdiction of Eagle County. However, an annexation petition was filed in accordance with the applicable State Statutes and has been found in "Substantial Compliance" via resolution by Council, and the annexation will proceed forward concurrently with the Comp'Plan amendment, zoning and subdivision applications. It is important to note the applicant has revised their application submittal to accommodate requests made by both staff and the Commission as follows: the existing kayak park pedestrian easement will be vacated and a parcel of land adjacent to the river on the subject property, as depicted in Attachment E, shall be conveyed to the Town thereby providing the Town ownership of the entire south edge of the river; instead of the walkway down to a whitewater park viewing area, a new footpath from the existing put -in to the southwest of the property running east along the river adjacent to the subject site will be created; an improved pedestrian connection along Avon Road and Highway 6 in the form of a new seven foot (7') wide sidewalk with a six foot (6) wide landscape buffer to provide a safer and more aesthetically pleasing walking experience; and, the applicant has provided more detail regarding the attainable housing plan to mitigate the employee generation associated with this development (Attachment Q. The property owner will buy two two-bedroom units on the free market and reduce the price based on the AMI range and relative affordability of each one (i.e. if one is bought at a price affordable for a household eaming140% of the AMI, it will be resold at a price affordable for households eaming 120% of the AMI with a deed restriction in place to cap the maximum price it could be sold for again in the future). Staff Recommendations Regarding the application for a specific amendment to the 2006 Town of Avon Comorehensive Plan, Staff recommends the Planning and Zoning Commission Approve Resolution No. 08-07 (Attachment B) with the finding that it meets the four criteria for such an amendment as discussed at the November 18, 2008 meeting of the Commission. Staff recommends the Commission forward a recommendation of Approval with Conditions to the Avon Town Council of the applicant's request to rezone the subject property to a new PUD designation, and the concurrent Preliminary Plan for Subdivision, with the finding that the application meets the pertinent twelve (12) criteria for a PUD subject to the following conditions: 1. The property owner shall design and construct, at its sole expense, the path improvements along the riverside shore, as described in the letter from Rick Pylman of Pylman & Associates dated December 10, 2008 and depicted on the revised plans (Attachment E). These improvements shall be reviewed and approved by the Town and completed prior to the issuance of a Temporary Certificate of Occupancy; 2. The property owner shall convey to the Town, in fee simple, the River Tract, as more specifically described in Attachment E (Conceptual Parcel Plan). The River Tract shall be conveyed prior to issuance of a building permit; 3. The property owner shall provide an affordable housing plan, which provides for a minimum of two deed -restricted, two-bedroom offsite units. The terms and conditions of the housing plan shall be reviewed and approved by the Town Council concurrent with the approval of the Annexation and Development Agreement; 4. A minimum of fifteen (15) Single Family Equivalencies (SFEs) shall be conveyed to the Town, in accordance with Chapter 16.24 of the Avon Municipal Code; 5. The form and content of the PUD Development Plan shall be reviewed and approved by staff prior to Council review; and, 2 6. Except as otherwise modified by this approval, all material representations made by the applicant or applicant representatives in this application and in public hearings shall be adhered to and considered binding conditions of approval. Should the Commission choose to follow Staffs recommendation and impose the conditions of approval listed above, Staff will return to the Commission at their next regularly scheduled hearing with a resolution to memorialize this decision. Background The Red House Parcel development site is 1.44 acres in area and is mainly at the approximate level of Highway 6 and Avon Road with steeply sloped banks down to Beaver Creek and the Eagle River. The site contains sections of both the Eagle River and Beaver Creek in areas below the annual high water mark. The Town of Avon considers °Buildable Area" to be land area that is not underwater, does not contain public rights-of-way or areas in excess of forty percent (40%) slope. Therefore, after subtracting the area of those pieces of land presently underwater from the total 1.44 acres of the subject property, the resultant buildable area equals 1.164 acres. Portions of the existing river bank on the proposed development site have been impacted by previous uses. Weeds and non-native plants grow rampantly along the upper level of the riverbank. The site has likewise been affected by construction of the Avon Road roundabout and Bob the Bridge when a small piece of land legally described as Parcel TK -14 was separated from the subject property to accommodate public utilities relocated due to the road project. The Highway 6 access to the site was reconfigured during construction of the roundabout as well. During the summers of 2007 and 2008, the applicant's property served as the access and staging for the construction of the Avon Whitewater Park. A crane pad was constructed on the property during the Whitewater Park project work and remains on the site at present. Also during this timeframe, a small piece of the property, including a segment of the riverbank from the flat area down to the edge of water was disturbed. A reclamation plan for the impacted part of the riverbank was implemented and appears to be in the initial stages of vegetative growth. The proposed PUD development standards and allowed uses are very similar to those found in the existing Residential Medium Density (RMD) zoning designation found in Title 17 of the Avon Municipal Code (AMC). The following development standards proposed by the applicant reflect what is stated in RMD Zone District. "The Red House° PUD Development Standards: A. Proposed Uses: The proposed uses for the site include residential townhomes as an Allowed Use and Residential Bed and Breakfast and Home Occupation as a Special Review Use. B. Density: The allowed density shall be fifteen (15) dwelling units C. Building Height: Maximum building height shall not exceed forty-eight (48) feet D. Maximum site coverage: Fitly (50) % E. Minimum landscape area: ,. Twenty rive (25)% F. Setbacks - Front: Twenty five (25) feet. Rear. Ten (10) feet. Stream: Thirty feet (30) feet for buildings, per plan for on grade patios and second floor balconies. The conceptual plan for the Red House Parcel depicts fifteen (15) townhome units in three separate buildings on the 1.164 buildable acres for an overall proposed density of 12.8 units per buildable acre. Two of the proposed units are approximately 2,300 square feet. The Red House Parcel is presently under the jurisdiction of Eagle County as it is not within the incorporated municipal boundary of the Town of Avon and, as such, it is zoned "Commercial Limited (CL)" via the Eaole Countv Land Use Regulations. The Eagle Countv Land Use Regulations contain the following description of the CL Zone District: Commercial Limited (CL). The purpose of the Commercial Limited (CL) zone district is to provide for the range of commercial uses needed to meet the daily or frequent shopping needs of neighborhood residents in the immediate area. Uses permitted in this zone district are limited to those listed under the retail, restaurant, personal services and office categories of the use schedule. The land uses presently allowed on the site include retail stores, banks, carwashes, medical and professional offices, and restaurants. The property is encumbered by several utility easements, including significant water and sewer transmission lines that affect site planning considerations of the parcel. Any change in use of the Red House Parcel will likely require access improvements that will result in the elimination of left turns in and out of the site. This type of change to the access would negatively affect the viability of commercial operations on the site. After reviewing these site considerations and upon analyzing multiple conceptual design scenarios, the applicant and their representatives derived the proposed site plan design and general layout of the project. The townhome residences are designed as three separate buildings: a four-plex and a five-plex along the Eagle River and Beaver Creek frontage, and a six-plex building on the interior portion of the lot. Ten of the units are three-bedroom, two car garage homes of approximately 2,300 square feet; and the remaining five townhomes are three bedroom, one car garage units of approximately 1,700 square feet in size. The typical layout of these three story homes consists of the garage and a bedroom on the ground level, with kitchens, dining and living rooms situated on the second floor topped off with two bedrooms and a bathroom on the third level. Due to the steepness riverbank slopes, the previously disturbed areas range from eighteen to twenty-two feet above the average high water mark The design of the riverside units depicts ground -level patios encroaching anywhere from three to eleven feet (3'-11') into the thirty-foot (30') setback from the Eagle River. The patios are at - grade and could include a loose -stacked boulder wall design not to exceed three to four feet (3'-4') in height. The area atop the riverbank does is not riparian or a natural wetland. The proposed landscape plan appears to have been crafted in an attempt to reclaim and foster vegetative growth upon the disturbed areas within the stream setback which could restore the land to a more natural -looking condition. 4 Emolovee Housino The 2005 Eagle County Nexus Update is the dataset used to forecast employee generation rates associated with residential development ("residential linkage"). The nexus report utilizes a formula to calculate new residential development employee generation figures based upon the unit size which indicates that the Red House Parcel would generate 2.55 Full Time Equivalent employees under the proposed development scenario. The aforementioned figure is generated as follows: Unit sizes of 1,500-1,999 generate 0.15 FTE employees per unit. Unit sizes of 2,000-2,499 generate 0.18 FTE employees per unit. The Red House Parcel includes five units within the first size range and ten within the latter which equates to the following: 5 units x 0.15 per unit = 0.75; 10 units x 0.18 per unit = 1.8; Total FTE employees = 2.55 The 2008 Eagle County Nexus Update assumes that there are 1.8 employees per each employee household. In order to calculate the actual housing unit demand the FTE number is divided by 1.8 to determine the employee unit demand generated by any particular residential proposal. The employee household demand therefore equates to 1.4 households when this formula is applied to the Red House parcel. It is the intent of the applicant to provide for an equivalent of two two-bedroom units in an off-site location within the Town of Avon. Please see the attached letter from Rick Pylman dated December 10, 2008 (Attachment E). Process Annexation The initial step in this process was the landowner submitting a -valid Petition for Annexation request to the Town of Avon. On May 13, 2008 the Avon Town Council adopted Resolution No. 08-16, Series of 2008, finding that the landowner petition was in substantial compliance with the applicable Colorado State Statutes. On June 24, 2008 the Avon Town Council adopted resolution No. 08-21, which determined that the Red House Parcel meets the eligibility requirements for annexation. These findings include the fact that there is at least one-sixth boundary contiguity with the Town and that the area is urbanized and is capable of being integrated into the Town. This step gives the Town of Avon jurisdiction to accept and review land use applications for lands that are not technically within the boundaries of the Town. The Annexation, Comprehensive Pan Amendment, Subdivision and PUD applications will now run concurrently and may be formally voted upon at different hearings. The property will not be formally annexed into the Town until and unless the Subdivision and PUD applications are approved. The formal annexation will include an Annexation Ordinance and an Annexation and Development Agreement by Ordinance. Comorehensive Plan Amendment Although the subject property is not located within the Town's municipal boundaries, the 2006 Future Land Use Map recognized the property for its annexation potential and thereby designated the subject property as Civic/Public use. The Civic/Public designation is intended to contain uses related to community services, such as a fire station, school, community centers, hospitals, municipal centers, recreation centers, police stations, and municipal maintenance yards. Each proposed public use would be 5 evaluated separately in terms of its land area and topographical constraints, as well as compatibility with adjacent uses. The applicant is requesting a "Specific Amendment" to change the future land use designation from Civic/Public to Residential Medium Density, which is intended to provide sites for multi -family dwellings at a density of no less than 7.5 and no greater than 15 dwellings units per acre. Amendment criteria: The following criteria shall be used by the Planning and Zoning Commission and Town Council when considering a Comprehensive Plan amendment proposal: 1. Include justification for proposed change; 2. Be in conformance with the Plan's overall vision and its supporting goals and policies; 3. Be compatible with existing and planned surrounding land uses; and 4. Not result in excessive detrimental impacts to Avon's existing or planned infrastructure system. Given the justification stated by the applicant for the proposed change, which is the original designation was meant to accommodate a use no longer being contemplated on the subject property (fire station) staff agrees the amendment request is justified. The request for amendment also is in conformance with the overall vision, supporting goals, and vision of the plan; and is compatible with existing and planned surrounding land uses. Staff also does not foresee any excessive detrimental impacts to the Town's existing or planned infrastructure systems. In consideration of the criteria listed above and the following pertinent Planning Principles excerpted from the Town of Avon Comprehensive Plan, Staff is recommending approval of the Speck Comprehensive Plan Amendment request made by the applicant. District 6: U.S. Highway 6 Gateway Corridor Planning Principles: • Enhance the U.S. Highway 6 right-of-way as a landscaped boulevard/parkway to provide a sense of arrival and departure for those traveling to and from Avon and to strengthen Avon's overall community image and identity. • Limit development of south side of U.S. Highway 6 to guest service facilities near the Village Road intersection and to neighborhood supporting commercial near the Prater Lane intersection. • Strengthen the association between the Town and Beaver Creek through compatible streetscape elements, efficient access, and cooperative visitor information center. • Encourage screening of ski area parking areas and other accessory uses. • Create strong pedestrian connections to the Confluence and the East Town Center Districts. • Site buildings of various sizes (but smaller than those found in the West Town Center District) to maximize sun exposure, protect views, break up building bulk, and prevent a canyon effect on Highway 6. • Minimize cut areas and preserve areas of steep slopes. Buildings should be built into the hillside and stepped up with rising topography to reduce their dominance above U.S. Highway 6. • Ensure that vehicular access points align with existing roads and create clean intersections. • Consider buildable area when determining an appropriate scale and density for development. Enhance river access to the future whitewater park. Subdivision The site currently consists of two separate parcels of land legally described as Lots 1 and 2, Red.House Exemption Plat. The site is bisected on an east -west bias by the common property line of these two parcels. The intent is to eliminate this common property line, creating one single parcel of land. In order to accomplish that -action a Preliminary and Final Plat Subdivision approval will be required. This report and the accompanying plans include all required information to review the Preliminary Plan request. Surrounding Land Uses: The existing land use and zoning for the surrounding properties are as follows: • North: Whitewater Park Viewing Area / Open Space (OS) • South: Highway 6 & Entrance to Beaver Creek / NA • West: River Put -in / Open Space (OS) • East: Riverside Subdivision / PUD Open Space (OS) This application is a noticed public hearing with written notice provided to property owners within 3G0' of the subject property. To date staff has received no public comments regarding the applicant's requests. In addition to the required public notice, staff has transmitted the application material to the following agencies, with their comments summarized below: Eaale Countv School District Comments To date, staff has not received a response to our request for comments. Eaole River Water and Sanitation District The applicant has been working with the District and Authority on water allocation. Colorado Deoartment of Transoortation To date, staff has not received a response to our request for comments. 7 Eagle Countv Planninq Department Eagle County did not have specific referral comments related to this application. Eaqle Countv Fire Protection District To date, staff has not received a response to our request for comments. Colorado Department of Wildlife To date, staff has not received a response to our request for comments. Eaqle County Health Services District To date, staff has not received a response to our request for comments. ECO Trails To date, staff has not received a response to our request for comments. Avon Historic Preservation Advisory Committee A letter to the Commission dated November 17, 2008 was received by Planning from Karen Nagel asking that serious consideration be given to relocating the Red House structure to another location and using it in an adaptive manner. The applicant commissioned a study of the structure by a qualified expert which determined the historic significance of the original structure was lost upon changes to features such as the window penetrations and multiple add-ons over the course of its existence. PUD Process Property in Avon may be zoned as one of the traditional zone districts found in the Town Land Use Regulations or may be zoned through a PUD process. As this property has not been within the Town boundary there has been no Town of Avon zone district assigned to the property. The application of zoning is a necessary step in the annexation process. The PUD process gives the Town of Avon control over the review process and allows the applicant and the Town to work together to establish site-specific design and development controls for the property. Staff is not making a formal recommendation to the Commission with respect to the PUD application and the applicable PUD Design Criteria. The following are the criteria to be used by Staff, Commission, and Council when reviewing and making a formal decision regarding a PUD application (17.20.110(h)): 1. Conformance with the Town of Avon Comprehensive Plan Goals and Objectives. 2. Conformity and compliance with the overall design theme of the Town, the sub -area design recommendations and design guidelines of the Town. 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. 4. Uses, activity, and density which provide a compatible, efficient, and workable relationship with surrounding uses and activity. 5. identscation and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. 6. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 7. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. B. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. 11. That the existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. 12. That the PUD or amendment to PUD requested provides evidence of substantial compliance with the following public purpose provisions, as outlined in Section 17.28.085 of the Avon Municipal Code (as follows): Zoning applications The Town shall consider the following public benefit criteria when evaluating zoning applications: (1) The application demonstrates a public purpose which the current zoning entitlements cannot achieve. (2) Approval of the zoning application provides long-term economic, cultural or social community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights. (3) The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and cultural resources and increasing the amount of public benefit consistent with the community master plan documents. As stated in the Staff Recommendation on Page 2 of this report, Staff has determined that all the pertinent criteria have been meet with the current application materials or will be met upon the implementation of the recommended conditions of approval. 0 If you have any questions regarding this project or any other planning matter, please call me at 7484002, or stop by the Community Development Department. Respectfully submitted, Matthew R. Gennett, AICP Planning Manager Attachments A: Vicinity Map B: Resolution No. 08-07 C: Letter from the Avon Historic Preservation Advisory Committee D: Letter and revised application materials from the applicant (December 10, 2008) 10 WN WIN §b6m .1 Exhibit B RESOLUTION NO. 08-07 A RESOLUTION TO MAKE SPECIFIC AMENDMENTS TO THE 2006 TOWN OF AVON COMPREHENSIVE PLAN AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Appendix E of the 2006 Town of Avon Comprehensive Plan ("the Plan") sets forth procedures and criteria for amending the Plan as follows: Amendment Criteria: The following criteria shall be used by the Planning and Zoning Commission and the Town Council when Considering a Comprehensive Plan amendment proposal. The proposed amendment shall: 1. Include a justification for the proposed change; 2. Be in conformance with the Plan's overall vision and its supporting goals and policies; 3. Be compatible with existing and planned surrounding land uses; and 4. Not result in excessive detrimental impacts to Avon's existing or planned infrastructure systems. WHEREAS, the applicant has requested a specific amendment to the Town of Avon Future Land Use Map, from a Civic/Public designation to a Medium Density Residential designation; WHEREAS, the current Future Land Use Map designation of the subject properties, "Civic/Public" is no longer appropriate given changes of need related to land uses in the area since the Comprehensive Plan was adopted in February 2006; and WHEREAS, compliance with the Amendment Criteria detailed above has been fully demonstrated as detailed in the cover Staff Memorandum attached hereto; WHEREAS, on December 2, 2008, the Town of Avon Planning and Zoning Commission voted unanimously to approve the proposed amendment to the 2006 Town of Avon Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission of the Town of Avon recommends approval of the proposed specific amendment to the 2006 Town of Avon Comorehensive Plan via this Resolution, signed on December 16, 2008. ADOPTED THIS 16" DAY OF DECEMBER, 2008 Signed: Date: Chris Evans, Chair Attest: Date: Phil Struve, Secretary Exhibit C November 17, 2008 Planning and Zoning Commission Town of Avon, Colorado PO Box 975 Avon, CO 81620 Dear Members of the Planning and Zoning Commission, The Avon Historic Preservation Committee has been actively researching the history and historical significance of the house known as the Red House and Barn which are located at -the northeast quadrant of the Highway 6/Avon Road roundabout. Based on research conducted by Ron Sladek of Tatanka Historical Associates, Fort Collins, Colorado, we are confident that the Red House and Barn is a historic site that merits inclusion in the Historic Inventory governed by the Town of Avon Ordinance No. 08- 04. The Red House and Barn appear to have been constructed by its first owner, Frank Moody, between 1890 and 1905. Frank Moody proved up his homestead filing for the property. In 1905 he received a patent from the US General Land Office for a 40 acre parcel including the grounds now occupied by the Red House and Barn. Frank and Alice S. Moody sold that 40 acre parcel to Stephen A. Bivans in 1905. A log building on the land was converted by Bivans into a general store (now in Eagle) and the couple lived in another house, the Red House, located across the road from the store. Bivans was notably the town postmaster, a position that commonly went to a prominent store owner. In 1908 Bivans sold the 40 acre parcel and subdivided it into two parcels, separating the Red House and the Barn for the first time. The Red House parcel was sold to Henry Nelson and the Barn parcel to Ernest Steinmann. Over the years the Red House parcel was owned by J.F. Owings and Company, an offshoot of the Owings Lumber Company. In 1935 the Avon Lettuce Growers Association relinquished any claim to the house parcel to Lawrence D. Lewis. A small portion of the property was transferred to the State Highway Department by Lewis in 1948. In 1981 WMCO Rentals acquired by court decree the house parcel and in the same year sold it to Vail Associates who own it at the present time. The Red House is an early remnant of the community of Avon dating back to around 1900 if not a decade earlier. The building is in good condition although it was heavily altered by Vail Associates in 1982. The small original home can be seen in the 1-1/2 story, southeastern portion of the building found there today. This was expanded in 1982 through the construction of one story wood frame additions to the north and west. The original portion of the house has a steep side -gabled roof with boxed eaves and wood shingles. The Avon Historic Preservation Committee recognizes the significance of the Red House and does not want to see the structure demolished. We ask that you seriously consider relocating the Red House to another site in the town of Avon with adaptive reuse. Thank you for your consideration in this matter. Sincerely yours, Karen R. Nagel, PhD Avon Historic Preservation Committee