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PZC Packet 070610 (2)AV0 N C O L 0 R A O 0 REGULAR MEETING Call to Order (5:00pm) IL Roll Call Town of Avon Planning & Zoning Commission Meeting Agenda for July 6, 2010 III. Additions and Amendments to the Agenda IV. Conflicts of Interest V. Consent Agenda Avon Town Council Chambers Meetings are open to the public Avon Municipal Building / One Lake Street • Approval of the June 15, 2010 Meeting Minutes VI. ZONING (PUBLIC HEARING) Avon Development Code Public Hearing Property Location: N/A Applicant /Owner. Town of Avon Description: A public hearing to review of the Draft Avon Development Code. The new code revision includes the consolidation of Subdivision and Zoning regulations, currently found Titles 16 and 17 of the Avon Municipal Code, respectively, into a unified development code. VII. Other Business VIII. Adjourn Posted on July 2, 2010 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 http:/Avww.avon.org / Please call (970) 748.4030 for directions Town of Avon Planning & Zoning Commission Draft Meeting Minutes for June 15, 2010 Avon Town Council Chambers AVON 11 Meetings are open to the public C o L o N A d o Avon Municipal Building / One Lake Street REGULAR MEETING Call to Order (5:OOpm) The meeting was called to order at 5:10 pm Roll Call All Commissioners were present, with the exception of Commissioners Patterson and Anderson. (Commissioner Anderson arrived to the meeting at 5:15 pm after roll call.) III. Additions and Amendments to the Agenda There were no additions or amendments to the agenda. IV. Conflicts of Interest There were no conflicts of interest to disclose. V. Consent Agenda • Approval of the June 1, 2010 Meeting Minutes Action: Commissioner Green moved to approve the amended minutes. Commissioner Struve seconded the motion and it passed 4-0, with Commissioner Roubos abstaining due to her absence from the previous meeting. VI. ZONING (PUBLIC HEARING) Avon Development Code Public Hearing Property Location: N/A Applicant/ Owner Town of Avon Description: A public hearing to review the Draft Avon Development Code. The new code includes the consolidation of Subdivision and Zoning regulations, currently found Titles 16 and 17 of the Avon Municipal Code, respectively, into a unified development code. Discussion: Sally Vecchio overviewed the history of the code rewrite. She also outlined the major modifications including, but not limited to, improved formatting and organization, improved content and timing of submissions, baseline standards, development bonus, modernization of the PUD process, and updates to the commercial zone districts. Commissioner Roubos questioned the FAR numbers for each commercial zone district. Sally Vecchio stated that the FAR was set by Town Council and PZC, and is intended for Town Center zoning. Commissioner Struve questioned when the written public comments will be discussed. Commissioner Goulding stated they would be discussed during the Public Comment. The Public Comment and Hearing portion was opened. John Perkins, Christie Lodge, stated he applauded the process that is being undertaken. He further stated that this is long overdue. He commented that he was quite involved with the East Avon District Plan and feels this update will help achieve the goals stated therein. Bethany Boston Johnson, an Avon resident, then asked for clarification on how the new code applies to Wildridge and other PUDs, staff responded that primarily just the Development Standards chapter of the new code and typical procedural language would apply. Ms. Johnson had no further questions. Commissioner Goudling then summarized the content of two letters provided to the PZC by members of the public and entered them into the public record. Commissioner Goulding then continued the Public Comment and Hearing portion of this agenda item to the July 6, 2010 Commission meeting.. Commissioner Goudling then asked staff about the types and frequency of public outreach efforts performed by the Town to date. Sally Vecchio stated that outreach included updates to the Town's website, two advertisements placed in the Vail Daily, a public notice was also placed in the Vail Daily, and there have been 18 months of ZAC review. Commissioner Goudling summarized the recommendations the PZC may make when they are finished their review, as follows: approval; approval with modifications; or, denial. Commissioner Green stated that this was not going to be the only public hearing. He stated is not like going to be in favor of approving this tonight. Commissioner Prince asked whether tabling is an option. Commissioner Goulding stated that it was, but the end result would be one of the three options. Commissioner Green discussed the parking regulations for outdoor seating as brought forth by Dominic Mauriello in the public comment. Sally Vecchio stated that she would like to better study this to ensure that massive decks don't need to provide the parking. Commissioner Struve stated that he would like that to avoid being a loophole and would like some form of maximum outdoor space that doesn't need to provide parking. Commissioner Roubos agreed with Commissioner Struve's comments. Commissioner Green suggested a proportional relationship instead of a square footage cap. He stated that the district plans promote more outdoor seating and that this issue needs to be addressed, but those plans do not represent an exorbitant amount of outdoor seating. Commissioner Green also commented on the public input by Norris Design regarding assisted living facilities. Sally Vecchio stated that she would recommend an SRU for most zone districts as this use is too commercial for residential zone districts and too residential for commercial zone districts. Commissioner Goulding questioned if Commissioner Green was concerned with not allowing ALFs in RD zone districts or if they should be allowed as a use by right within the currently allowed zone districts. Eric Heil, Town Attorney, stated that a poll should be taken on each suggestion so that consensus can be made. Commissioner Roubos questioned where RD zone district were located in town. Matt Gennett responded that 12 properties had this designation and most of those were located along W. Beaver Creek Blvd. Larry Brooks stated that an informed discussion should be undertaken to differentiate between assisted living facilities and nursing homes. Eric Heil stated that the definition of group home limited the number of beds to 8. Commissioner Goulding stated that staff should outline where the ALFs are allowed in town as a use by right or SRU and also outline review criteria that would be more fitting. Commissioner Green discussed solar arrays and the limitation on size. He suggested allowing more area for solar arrays. 2 Commissioner Struve questioned why we were limiting roof mounted systems. Matt Gennett stated that solar arrays were actually ground -mounted and solar collection systems are roof mounted systems. Commissioner Anderson suggested removing the 600 SF minimum and allowing it to be'/z of the building footprint. Commissioner Struve stated that solar arrays need to meet other standards and be reviewed on a site specific basis. Commissioner Prince stated that he was in favor of adding wildlife considerations. Commissioner Anderson and Goulding also agreed with those comments. Commissioner Roubos said she prefers roof -mounted systems and a reduction of the land mounted systems. Commissioner Goulding stated that we are going to add language on the site design and preference of solar systems on the roof. Commissioner Prince stated that he would prefer it as proposed. Commissioner Anderson stated that he liked the language, but wouldn't mind an AEC process. Sally Vecchio clarified that the AEC process should be set aside for standards, but not for optional code language. Commissioner Green questioned wind collection systems and stated that the current standards would not allow for functional systems. Sally Vecchio stated that research shows that our region's climate precludes functional systems due to inconsistent wind patterns. Commissioner Struve stated that he felt the technology is not there yet and that we shouldn't provide for systems with substandard designs. Commissioner Goulding stated that he suggests not allowing wind systems as the right way to go. Consensus was then confirmed that requiring an SRU for wind energy systems was acceptable. Bethany Boston Johnson, Wildridge Resident, commented that she would not support Wind Collection systems within any residential PUD. Commissioner Roubos questioned the authority of the Director, specifically 10% increases in site coverage. Sally Vecchio stated that small modifications were left at the staff level to make development less cumbersome and expediting small construction projects. Eric Heil explained the legal rationale for these types of decisions being at different levels of authority. Commissioner Goulding questioned if there was a call-up procedure for the PZC to call-up any decision made by the director. Discussion ensued regarding the hierarchy of decision making authorities. Consensus was to then confirmed to leave it as proposed. Commissioner Roubos questioned the Guest House definition. Matt Gennett stated that it was a definition borrowed from the Model Colorado Land Use Code. Commissioner Roubos commented on the formatting of page 50. Commissioner Roubos questioned allowing driveways across 50% slopes when you can't build on slopes greater than 40%. Justin Hildreth stated that it was intended to allow driveways to cross steep slopes to access the flatter sections. Commissioner Roubos questioned applicability of these driveway Design Standards. Sally Vecchio stated that there was no magical number but 50% seemed like it was consistent with development and redevelopment of a residence. Commissioner Prince questioned the lack of Public Comment and that staff went above and beyond in trying to solicit public discussion. Commissioner Prince suggested an executive summary that outlines all salient issues that have been made. Larry Brooks stated that this code will be adopted at some point and he wants to see this code as the launching point of a journey rather than a destination. Bethany Boston Johnson, property owner in Wildridge, thought an executive summary would be a great idea. Commissioner Prince commented on the building height. Matt Gennett directed the Commissioners to the proper section of the code. Commissioner Green brought up existing examples of "coast-to-coast" duplex designs and the consequences of such duplex designs to the site and visual impacts to the neighborhood. Commissioner Goulding questioned how the proposed standards would affect "coast-to-coast" designs. Commissioner Anderson suggested establishing a maximum linear length for a duplex. Commissioner Goulding agreed with the comments and suggested that staff further study the idea of maximum linear length as well. Consensus was then confirmed. Commissioner Prince stated he had to leave the meeting early and did so. Commisisoner Anderson questioned detention ponds and the regulations that require undeveloped properties located above developing properties to accommodate unmitigated flows. Commissioner Anderson commented on the proposed easement size of 15 feet. He felt that 10 would be a more acceptable number. He also commented on the driveways with regards to steep slopes and snow storage. He felt that 25 feet was cumbersome. Justin Hildreth stated that was an existing requirement that must remain at a 15' width for such easements. Commissioner Anderson stated that he felt 2:1 FAR is on the low side of what it should be in the Town Center (TC) zone district. Commissioner Goulding said he would like Staff to go through the appropriate criteria for approval to ensure that everyone is on board with the code update. Commissioner Goulding also commented on the development bonus section. He would like the section revised to have the criteria to address each development bonus as read by a developer to help them understand the process and review criteria. He wanted to ensure that the cost of the improvements were accurate so that neither party incorrectly estimates these figures. Consensus was to create a methodology that would guide how to ensure accurate information. Commissioner Goulding outlined the issues that staff will review and respond to with the pertinent information at the next meeting. Action: Commissioner Struve moved to table the item to July 6th. Commissioner Roubos seconded the motion and it passed 5-0. VII. Other Business VIII. Adjourn The meeting was adjourned at 8:40. Memorandum TO: The Planning and Zoning Commission FROM: Sally Vecchio, Director of Community Development DATE: July 2, 2010 RE: Avon Development Code SUMMARY This is the second hearing to consider a comprehensive amendment to the Town's zoning code and subdivision regulations. The new Avon Development Code re -codifies Title 16 (Subdivision), Title 17 (Zoning) and includes related sections of Title 2 (Administration & Personnel), Title 5 (Building and Construction) and Title 8 (Health and Safety) of the Avon Municipal Code. On June 15, 2010, the PZC held a public hearing on the new Avon Development Code released on June 1, 2010. The PZC received two letters from the public, and testimony from two members of the public. g. Following the discussions the PZC directed Staff to respond to the comments received at the hearing and agreed to continue the public hearing to July 6, 2010. RESPONSE TO PZC AND PUBLIC COMMENTS 1. Consider eliminating parking requirement for outdoor dining areas. Staff Response: Restaurants and other food service uses are required to provide one parking space per 60sf of seating 'including outdoor/patio areas' (Table 7.28-3). The purpose of including outdoor seating areas in the parking calculations is to ensure sufficient parking in higher density areas such as town center, and also to address the possibility of a disproportionately large outdoor patio area and the associated parking demand that may not be appropriately accommodated. It has been suggested that the outdoor dining areas should not be part of the parking calculations because such outdoor seating provide vitality to commercial areas and generally have a de minimus impact on parking demand. Staff agrees that the outdoor seating area is an accessory use to the primary indoor seating area of the restaurant. In order to address the increased parking demand caused by a disproportionately excessive amount of outdoor seating, Staff recommends limiting the size of the outdoor patio area that is exempt from requirement parking. Recommended Revision to Table 7.28-3: Commercial Uses General Commercial Uses unless otherwise stated 4 per 1000 sq. ft. GFA Food and Restaurant, Bars, I per 60 sq. ft. of seating area, ieelading Beverage Taverns Services�� — 'Outside Dining areas that are less than 25% of the primary indoor seating area of a restaurant shall be considered accessary seating areas and shall not be included in the required parking calculations. Outdoor dining areas that are 25% or greater than the indoor seating area of the restaurant will be included in the seating area square footage forpurposes of calculating code -required parking. 2. Consider including Assisted Living Facilities (ALF) in all residential zone districts. Staff Response: According to the Colorado Department of Public Health, Assisted Living Residences range in size from 3 to more than 200 beds. The most common reasons for admission to assisted living residences are medication management, bathing and dressing assistance, and the need for protective oversight and supervision. Assisted living residences provide room, board and at least the following: personal services, protective oversight, social care and regular supervision available on a 24-hour basis. ALFs are listed under the 'Group Living" category in the Use Summary Table 7.24-1. ALF's are allowed by Special Review Use (SRU) in the Residential Medium (RM), Residential High (RH), Neighborhood Commercial (NC), and Mixed -Commercial (MC) zone districts. In addition; the Town Administrator has the authority to make reasonable adjustments to the zone district regulations (e.g., height, setbacks, occupancy) to permit housing for people with disabilities (7.24.060(b)(2)iii). PZC has requested the staff to review a property -owner's request to include ALF's in the Residential Duplex (RD) zone district and the Residential Low (RL) zone district. There are currently twelve lots in the Town zoned RD, eleven of which are in the Town Core. All but one of the lots is developed with duplex units (see map as Attachment A). ALFs can be designed to be compatible with surrounding residential neighborhoods. The SRU review criteria (Section 7.16.100) allows the Town to evaluate the operating characteristics and site development features of a proposed ALF to ensure that the use will not have a significance adverse impact on surrounding uses, and will be compatible with adjacent uses in terms of scale and site design. Staff supports the inclusion of ALF's as a Special Review Use in both the Residential Duplex (RD) and Residential Low (RL) Zone Districts. 3. Wind Power Generation Standards as a Special Review Use (SRU) Small Wind Power Energy System is currently allowed in all zone districts and the maximum height allowed for this ancillary use is tied to the maximum height requirement by the zone district in which such ancillary use is proposed to be located. PZC requested the standards be revised to allow these systems by SRU permit instead and to delete the height limitation as stated above because it would cause the wind energy device to be ineffective. The Town Attorney clarified that properties zoned as Planned Unit Development (PUD) will still be limited by the height requirement stated in their PUD guide. Staff Response: The PZC strikethrough copy of the Development Code includes the requested changes (Section 7.28.070(g)4, Attachment B). 4. Clarify the difference between Solar Collection Systems and Solar Arrays Staff Response: Definitions for both systems can be found in Section 7.28.070(g) and Solar Arrays are allowed by SRU in the Industrial Commercial (IC) district only. A Solar Collection System means a roof -mounted or wall -mounted panel or other solar energy device, the primary purpose of which is to provide for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating. A Solar Array means a free-standing, ground -mounted solar collection system consisting of a linked series of photovoltaic modules, the primary purpose of which is to provide for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating. 5. Define and Distinguish Guest House and Caretaker Unit Staff Response: Both definitions can be found in the definition section of the Code (Section 7.08.010). Guest house is defined to mean an accessory structure which is physically detached from a single-family dwelling unit, is serviced through the same utility meters or connections as the principal use, and is intended for temporary occupancy by visitors to the family residing in the single-family dwelling, and has no cooking facilities. A Caretaker Unit is ancillary and attached to the primary dwelling unit as an apartment which may or may not have full cooking facilities in the unit. 6. Wildridge Design Standards —Building Height PZC has asked Staff to "design test" the proposed Wildridge Design Standard limiting overall building height to 45 ft; in order to better understand the impact that the standard may have on future development. Staff Response: The Town measures building height based on the following definition (Section 7.08.010): The distance measured vertically from the existing grade or finished grade (whichever is more restrictive) at any given point outside the building to the top of a flat roof, mansard roof, or sloping roof. Within a building, height shall be measured vertically from any point on a flat roof, mansard roof, or sloping roof to the existing grade directly below said point. This measurement ensures that each wall under a roof line is 35 ft but does not address the overall height of the structure, measured from the highest point of the roof to the lowest finished grade. On lots with steep slopes and large building mass projecting out and stepping with the grade, the method of measuring building height creates a scenario where the perceived building height can be much greater than 35 ft. For example, some homes in Wildridge have 55'— 60' feet of visible building elevation on the downhill, exposed slope of a lot. By limiting the overall height of building elevations to 45' of visible elevation on the downward sloping side of a lot, homes could still step with the topography, but the limits of disturbance would be limited and the end appearance would be less massive as viewed from below a structure. The pictures below illustrate how the standard would affect the massing of a home situated on a steep slope. 2 11 E 0 7. Wildridge Design Standards — Length of Duplex Units The PZC has asked staff to consider additional design standards that would limit the overall length of the front elevation of a duplex unit; or limit the square footage of a duplex that is permitted above grade. Staff Response: The Design Standards are part of the new Development Standards (Section 7.28), which are intended to establish minimum requirements for the physical design and layout of a development. The purpose of the Design Standards for single family and duplex units in Wildridge (Section 7.28.060(e)) along with the slope and grading requirements (Section 7.28.070(a)) is to promote design that is visually compatible with the natural topography of the area, while increasing safety from possible geological events that may occur on mountainous terrain (e.g., soil erosion and landslides). In the furtherance of this purpose, the Design Standards regulate building mass along front property lines, over -height elevations, front entrances, and the presence of garage doors along the street. If the Design Standards were to include a maximum building length, for example, it would require the Town to make a finding that such front fagade length reflects the existing average character of Wildridge or that another public policy rational or reason exists to impose such a requirement. Staff believes that homes in Wildridge lack sufficient continuity in size or scale to justify limiting future structures to either standard, and would recommend that that PZC consider amending the Design Guidelines to provide guidance on preferred site and building design for hillside lots in Wildridge. 8. Consider Reducing The Public Utility Easement from 15' to 10'. Staff Response: According to the Town Engineer the 15 ft easement is necessary to accommodate multiple utility lines and construction/maintenance operations in the easement. 9. Driveway standards (90 degree requirement, 50% grades) PZC asked Staff to clarify the Driveway Standards (Attachment C, Section 7.28.030(d)2) concerning how to cross slopes of 50% or greater for access. Staff Response: The subject language has been modified as requested including those related to parking requirements. Please see Attachment C. 10. Clarify Development Bonus Standard Language PZC has requested that Section 7.20. 100 be reorganized by the type of development bonus available. Staff Response: Please see attached revisions. PZC REVIEW AND RECOMMENDATION TO TOWN COUNCIL Pursuant to Chapter 17.28 of the Avon Municipal Code, the Planning and Zoning Commission shall provide a recommendation to Town Council to approve, approve with conditions, or deny the Avon Development Code. RECOMMENDATION If the PZC has completed its deliberations and is satisfied with the review of public comments, Staff recommends that the PZC recommend adoption of the Avon Development Code subject to Resolution 10-03 and the following findings: 1. The Avon Development Code implements the goals and policies of the Comprehensive Plan. Avon citizens called for reform of the Zoning Code in the Comprehensive Plan (2006). This message was repeated in West Town Center and East Town Center Plans which together provided the vision for fixing the Zoning Code. The Avon Comprehensive Plan has established a clear long-term vision and policies to guide future growth and create community quality in the town. The Plan includes a range of regulatory changes that are needed to realize Avon's vision. Notable among these are the inclusion of a floor area ratio (FAR) measurement to break up building bulk in the Town Center (Policy B.1.2), and a wider range and mix of uses throughout the town. In addition, the Plan identifies a range of topics and issues that are not currently addressed in the regulations including sustainability -related concerns such as erosion control, water quality and energy efficiency. The Avon Development Code includes a range of regulations changes that promote the type of development patterns and quality of fife desired by the community and envisioned in these adopted plans. 2. The Avon Development Code responds to changed or changing conditions in the Town of Avon The Town's current zone districts have not been updated since they were first enacted, and do not reflect the policies and recommendations of the (2006) Comprehensive Plan, the West Town Center Plan, and the East Town Center Plan, including a compact and walkable town center, sustainable development and redevelopment that is sympathetic to community character. According to the West Town Center Plan 'The current development standards (e.g. parking requirements, setbacks and lot coverage) discourage redevelopment, particularity the denser, mixed-use variety that is essential to creating a vibrant center and gathering place for the community." (West Town Center Investment Plan, A.3 Planning Considerations, Redevelopment Potential. pg 4). The Avon Development Code reflects contemporary zoning and planning practices based on current economic and social trends, which include decreasing automobile use, sustainability, and redevelopment. 3. The Avon Development Code modernizes and improves the usability of the regulations In general, the usability of the current code is hampered by its organization and format. The document is long, complex and difficult to use. The Avon Development Code consolidates the zoning code and subdivision regulations into a unified set of regulations that are efficiently organized and improve the usability of the Code. Attachments: A. ALF Map B. Small Wind Energy Systems C. Parking & Driveway Strikethrough D. Development Bonus E. Resolution No. 10-03, Series of 2010 V 4uamtjav4v I I 1 N 0 C V y m E 7 T 3 r r Ema N _a � N N U C m N U C X QJ V E Q U Q 0 3 Q E ]� Y g;uauigaa);V r r UI N CL 0 0 N OCT N A CD Z Q� W 2 U J m D a N a I m 0 V c OL O N N C O Q u vi V O o •U W A 9 ^ U it �'•- .y.. 0 0 0 w r7 a N N N N N n n n n n O C6 N n 01 a a s a a a H y 0. to ur 0. a y a Q O f. Z fu" w w N cmN 0. a a w 0. U O � N tay a s a a m a m o 0.ui ,^q Z a s a ur ✓ mo w a s a a m a 'a N a C y cs N '�• 4 •p a a to Will N �) 4 d hada U S O ml N F U K A � a a fn fn a J fi e .. 3 8,., u o 3 Q 6 •ac c �'n E g m u 3 3 y o 9 h� E •� •� e 4 .$ 5 G 4 8� .`.� gc.-• �3=� E mZ E� E SA '- `�' o.Eau y n v `a " E c �s•�c-� c E$ v 4 u 4 u b' E�> u -•u �> y �a �V a=w .4 AM CgU CiieGrRv 3�cd Xm> $>" 0 M a x `o_ o m O •_ yr A E N E c u � e. C •c •aC `1 c u � g;uauigaa);V r r UI N CL 0 0 N OCT N A CD Z Q� W 2 U J m D a N a I m 0 V c OL O N N C O Q (i) Definition A "small wind energy system" shall mean a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics that has a rated capacity of not more than one hundred (100) kilowatts (kV) and that is primarily intended to reduce on-site consumption of utility power. (ii) Standards All small wind energy systems shall comply with the following requirements: (A) Setback The base of the tower shall be set back from all property lines, public right-of-ways, and public utility lines a distance equal to the total extended height (e.g., if on a roof, roof height plus tower height) plus five (5) feet. A tower may be allowed closer to a property line than its total extended height if the abutting property owner(s) grants written permission and the installation poses no interference with public utility lines or public road and rail right-of- ways. Guy wires and other support devices shall be setback at least five feet from all property lines. (B)TOWer HOighl m height allowed in the zene a•- (E}(Bl Sound Sound produced by the turbine under normal operating conditions, as measured at the property line of any adjacent property improved with a dwelling unit at the time of the issuance of the zoning certificate, shall not exceed fifty-five (55) dBA for any period of time. The fifty-five (55) dBA sound level may be exceeded during short-term events out of the owner's control such as utility outages and/or severe wind storms. JftjLQ Appearance, Color, and Finish The turbine and tower shall remain painted or finished in non- reflective, non -obtrusive color. Bright, luminescent, or neon colors, as determined by the Town, are prohibited. FFI(Dl Clearance The blade tip or vane of any small wind energy system shall have a minimum ground clearance of fifteen (15) feet as measured at the lowest point of the are of the blades. Avon Development Code— PZC PUBLIC HEARING DRAFT May 28, 2010 Page 232 Attachment C (d) Maximum Parking Spaces Allowed (1) Applicable to Commercial and Industrial Uses For any commercial or industrial use, off-street surface vehicle parking spaces additional landscaping pursuant to subsection 4 below. (2) Parking Types Excluded For the Purpose of calculating parking requirements, the following types of narking spaces shall not count against the maximum parking requirement: Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 131 (i) Handicapped accessible narking. (ii) Vanpool and carpool parking. (iii) On -street parking adjacent to the lot or lots on which the parking located and (iv) Structured parkin° underground parking and parking within above or beneath the building(s) is serves. (3) Exceptions Exceptions up to ten percent (10%) over the maximum parking requirement may be allowed by the Director. (4) Additional Landscaping Required landscaping requirements pursuant to 47.28.050(a)(3)(iv) Parking Lot Landscaping (e) Off -Street Parking (1) Off -Street Parking Unless otherwise expressly stated in this section off-street parking spaces shall be provided in accordance with Table 7.28-3, Off -Street Parking Table 7.28- Street Parkin Use Category e e Parking Requirement Residential Uses Residential and Dwelling. Single-Famih. 2per unit: 3 per unit for units over 2.500 so ft Accommodation Dt lex Uses Dwelling, Multifamily Studio/ Lockoff/ Accommodation unit - I per unit One bedroom/DU over 2,500 s .ft. - 2 r unit Guest Parking for Multifamily 3-5 units— 2 spaces 5-10 units -3 spaces I I-15 units - 4 spaces 16-20 units -5 spaces 21-25 units — 6 spaces over 25 units — 7 spaces plus I space for each 5 units in excess of 25 up to a max of 10 additional spaces Group Living Grou Homes I Der bed olus I ner 100 so. ft. of GFA 13etirement home, nursing I per 6 beds hone, or assisted living facility Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 132 SAME, AS ORIGINAL Table 7.28-3: Off Street Parkin Use Cate o Cse T e I Parking Requirement Public and Institutional Uses Community Semices An galle or museum 4 per 1000 ag, ft. GFA Ccnrqnunj!Licjenters 4 ner 1000 so. ft. GFA Government services offices and facilities 4 per 1000 sq. ft. GFA Libra • 4 Der 1000 sci. ft. GFA Religious assembly 4 ocr 1000 so. ft. GFA Day Care Child care center 3 per I oog sq. ft. GFA Preschool Nurse a Schppl 2 per 1000 sq. ft. Educational Facilities College or university (non- 4 per 1000 sq. ft. GFA esem t School. K-12 ublic and rivate 4 per 1000 sq. ff. GI•A School, vocational -technical 4 per 1000 sg. ft_ GFA and trade Health Care Medical center/ hospital 4 -per 1000 sr . fl. GFA Facililies Medical and dental clinics 4 per 1000 so. ft. GFA and offices Urgent care fa ility 4 Der 1000 so. ft. G FA Parks and Open Golf course 4 per Breen Space CornmercialVses General Commercial Uses unless otherwise 4 nen 1000 sq. it. GFA Food and Restaurant. Bars, Taverns I per 60 100 sq. ft. of scalingareq" Beveraee Services Offtce Administrative and rofessional ffices 3 per 1000 sa. ft. GFA Recreation and Outdoor commercial recreation Determined by the Director. Entertainment, utdoor Recreation and Indoor commercial recreation!enterlainntent Determined by the Director. Entertainment. Indoor Wholesale Business Wholesale business I per 800 sa. ft. GLFA Industrial Service General Industrial Uses unless otherwise stated I I r 800 sq.fi. GFA " Outside Dinine oreas that are less than 25% of the /urinary indoor seatin¢ urea of restaurant shall he considered accessorr sealine areas and shall not be included in the required Parkins calculations. Outdoor dining areas that are 2591Q or greater than the indoor seathw area of the restam•ao will he included in lite seating area souare bower for purposes of calculutin , code�- re q aired arkin . Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 133 (f) Handicapped/Accessible Parking Required accessible parking for non-residential development shall be provided in conformance with all applicable accessibility standards of the prevailing Americans with Disabilities Act (ADA), and the International Building Code (IBC). Required Accessible parking for multi -family residential developments shall be provided in conformance with all applicable accessibility standards of the prevailing Americans with Disabilities Act (ADA), Federal Fair Housing Act (FFHA). and International Building Code (IBC). (g) Computation of Parking and Loading Requirements (1) Computation When determination of the number of off-street parking spaces required by this section results in a requirement of a fractional space, any fraction shall be counted as one parking space. (2) Calculation (i) Different Use Areas Except as Provided for in this section parking shall be calculated separately GO Mixed Use Reduction shall apply to the total parking calculation. (iii) On -Street Parking (3) Uses Not Listed: Determination by Director comparable use or by reference to standard parking resources Published by the National Parking Association or the American Planning Association. Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 134 (iii) Parking Based on Floor Area When the standards use building square footage as a unit of measurement all calculations shall be based on cross Floor area minus ten percent (10%) (4) Utilization Accessory off-street parking facilities provided in accord with the requirements of (h) Off -Site Parking (1) Applicability on a separate lot or ownership interest than the use structure or lot which the parking serves. (2) Planned Unit Development Establishment of off-site parking may only be established as by approval of a planned unit development. (3) Design and Location Off-site parking shall have a direct adequate and convenient pedestrian serves. (4) Control of Off -Site Parking Facilities In cases where off-site parking facilities are permitted such facilities shall be owned and in the same identical ownership as the use structure or lot for which the Parking services. (i) Public Parking Districts and Facilities Council may establish Public Parking Districts and approve Public Parking Facilities for designated areas of Town which may be used by property owners within the Public Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 135 Parking District to meet the minimum Parking requirements set forth in this 57.28.030 for (1) A Public Parking District shall be first designated in the Avon Comprehensive Plan which shall indicate the Properties served the Potential proiected commercial Parking required to serve development, the planned capacity and location of the Public Parking Facility or Facilities, ingress and egress. pedestrian connections phasing and any other relevant design issues. (2) Public Parking Facilities may be owned by the Town or may be owned by a General Improvement District formed Pursuant to C.R.S. 631-25-601 el sen if approved participate in defraying the cost of operation and maintenance of such facilities through the im osition of a fee or additional Property tax. The Town may require such other formal agreements, covenants, or other instruments as may be deemed appropriate and necessary to guarantee the Provision of required parking. automatically adjusted on the first day of January or each year based on the prior year's time and Pursuant to such other terms as may be determined in a Development Agreement approved by the Council by ordinance. All funds collected shall be deposited in the Town Public Parking Fund. evaluations, including evaluations of alternative transportation means: acquisition design and construction of parking facilities or alternative transportation means in any area exempted from the off-street parking requirements; maintenance of Public parking (j) Bicycle Facilities Developments that contain twenty-five (25) or more parking spaces shall provide bicycle parking facilities. which shall comply with the following standards: Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 136 (2) Bicycle parking spaces (four (4) feet by six (6) feet) shall be provided at the following rates: (i) Bicycle parking spaces shall be provided at a rate of one (1) bicycle parkin; space for every ten (10) vehicle parking spaces. ree aired to provide bicycle parking spaces for more than twenty (20) bicycles. (3) Bicycle parking facilities shall include a rack or other device designated for bicycles that enable bicycles to be secured. (4) Bicycle racks and secured storage facilities shall be located in convenient, visible, well -lit areas with easy access and near main entrances of all commercial, residential, and institutional buildings. Stich locations shall be clearly noted with signage. The racks and storage facilities shall be located so they do not interfere with pedestrian traffic and shall be protected from potential damage by motor vehicles. (k) Design and Maintenance (1) Surfacing - Impervious Materials All oven, off-street parking areas shall be surfaced with asohaltic concrete, concrete or other approved hard surface, which shall be constructed and maintained in accord with specifications of the Engineering Department. (2) Drainage All open off-street parking areas shall be graded and drained to dispose of surface water accumulation in accord with the Town of Avon Stormwater Master Plan. When possible, pre -development hydrology should be mimicked. (3) Wheel guards All verimeter parking spaces, except for single-family and duplex family use, shall be provided with wheel guards or bumper guards located so that no part of Parked vehicles will extend beyond the property line. (4) Vehicle repair and service restrictions No vehicular repair, service, or maintenance activities done anywhere upon a residential district lot shall be done for remuneration: additionally, no such activities Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 137 (1) Snow Removal and Storage requirements: developed as a snow storage area. (2) Designated snow storage areas shall be located and develoned to be compatible with snow removal operations, not less than five (5) feet wide, and shall be adjacent to the impermeable area from which the snow is to be removed. (3) Runoff from snow storage areas shall conform to 57.32.050 Srormwarer Drainage. (A) On-site snow storage requirements may be waived by the Town Enaineer upon the demonstration that an appropriate alternative snow -storage site is available and that arrangements have been made for the continuation of snow removal and off-site storage (5) Excavation, retaining walls, or other structures within slope maintenance and (G) Snow storage areas shall be separated from and shall not overlap or encroach upon pedestrian walkways or sidewalks. (m) Off -Street Loading (1) General Requirements (i) Location All required loading berths shall be located on the same lot as the use served No loading berth shall be located in a required front yard. (ii) Size Unless otherwise speeilied, a required off-street loading berth shall be at least twelve (12) feet in width by thirty-five (35) feet in length exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least fifteen (15) feet Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 138 (iii) Access Each required off-street loading berth shall be designed with aoorooriate accordance with applicable Town driveway standards. GO Utilization Space allocated to any off-street loading use shall not, while so allocated, be used to satisfy the space requirements for any required off-street Parking facilities or portions thereof. (v) Central Loading Central loading facilities may be substituted for loading berths on individual lots, provided the following conditions are fulfilled: (A) Each lot served shall have direct access to the central loading area without crossing streets or alleys at grade. (B) Total off-street loading berths Provided shall meet the minimum requirements herein specified, based on the sum of the several types of uses served. (vi) Minimum Facilities Uses for which off-street loading facilities are required herein, but which arc open space located on the same lot. (2) Specific Requirements (3) The minimum amount of off-street loading or unloading_ space to be provided shall be as follows: Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 139 Table 7.28-5: Off -Street Loadine Re uirements Floor Area Requiring One Floor Area Requiring an Additional 12'x Floor Area Rewiring 12' 12' x 35' Berth x 55' Berth 3 -' B rth I Residential: Multifamily Dwellings As determined bv the PZC Office — Institutional — Educational: -(2L a. Health and medical institutional uses: 10,000 sq. ft. Over 100.000 sg. educational, cultural, religious institutions: ft, recreation and social: banks, financial institutions: medical -dental clinics: business and professional offices 3 Commercial Uses a. Retail 5.000 sq. ft. Over 20.000 sq. Over 35,000 M.—ft - ft. b. Hotels -Motels 10.000 sq. ft. Over 100.000 _ c. Commercial recreation (including 10.000 sq. ft. Over 100,000 N. ft. _ bowlinR aIle s) d. Wholesale 10.000 so. ft. Over 40,000 sq. e. Restaurants 5.000 sq. ft. Over 25.000 sq, -- ft f. Laundry 10.000 sq. ft. Over 25.000 sq. P. Funeral homes 5.000 sq. ft, Over 100.000 ft. (:4j Industrial Uses a. Manufacturing and warehousing Up to 5.000 Over 40.000 sg. _ b. Storage Up to 10.000 Over 25.000 sg. 1q- ft. ft. 5 ther ses a. Stadiums, auditoriums and arenas Up to 20.000 _ Over 20.000 SCL. ft. so. ft. h. Transportation terminals 5.000 sq. ft. Over 40.000 sq. _ ft. g. Sewage t atment tants — m nii al 10 00 s . ft. 7.28.030 Access Drive Requirements a Spaee feF a single Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 140 fi3[a1 Purpose Control of access to public streets and roads is an area of increasing concern, because roads are rarely being built or upgraded fast enough to accommodate increases in traffic. The proliferation of access points and driveways along major local roads and state highways impairs the ability of such roads to efficiently cavy traffic. Effective control of access can enhance the carrying capacity and safety of most roadways by reducing the opportunity for turning movements both to and from a major roadway. In addition, elimination of turning movements can decrease the need for acceleration and deceleration lanes. (b) Applicability be required by the Director. R(c) State Design Standards Pursuant to C.R.S. 43-2-147 (1)(a), access approaches to roadways under the jurisdiction of the Town of Avon must meet the design standards found in Sections 3 and 4 of the Colorado State Highway Access Code, 2 CCR 601-I. In addition, those parcels directly accessing highways under the jurisdiction of the Colorado Department of Transportation shall be required to obtain a State Highway Access Permit pursuant to the State Highway Access Code. Eagle County is the Issuing Authority for such permits and should be contacted initially for the application and further information in obtaining State Highway Access Permits. JED(d) Additional Standards In addition to the foregoing, public and private access approaches and driveways shall be subject to the following standards: JN(I)Access By Emergency and Service Vehicle JM i) All dwellings and other structures shall be accessible by emergency sheuld be widened geaeFeusly on both eipeumstanees. Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 141 fgjCjji_UnIess otherwise approved by the Eagle River Fire Protection District, public and private access approaches and driveways in excess of one-hundred and fifty (150) feet in length shall he provided with adequate area for emergency vehicle turnaround in close proximity to the residence or structure served. Access approaches and driveways in excess of three hundred (300) feet in length shall provide an area adequate for emergency vehicle turnarounds in close proximity to the residence or structure served, and shall also provide vehicle turnouts where the driveway is expanded to be at least eighteen (18) feet wide at one-hundred and fifty (150) foot intervals. Alternatively, the private access or driveway may be designed to accommodate two-way traffic. Turnarounds shall be constructed in accordance with Town standards. The Town Engineer may request a turning movement exhibit at any time during application review. 01(21 Driveways in Mountainous Terrain (i) Applicability All driveway access and narking lots on lots containing slopes in excess of fifty percent (50%). GO Driveways on lots with slones greater than thirty percent (30%) shall be designed to ensure safe, convenient, and adequate access to individual buildings and shall conform to the following standards: (A) Driveways shall to the maximum extent feasible follow natural contour lines. (B) Driveway shall minimize disturbance or the cutting of slopes. Shared driveways are encouraged when the design will minimize cut. fill and disturbance of slopes. (C) Under no circumstance shall any driveway cross a slope greater than fifty percent (50%). the following conditions and constraints are applicable: (I) No alternate location for access is available: (2) No individual segment or increment of the driveway that will cross slopes between thirty ocrcent (30%) and fifty percent (50%) shall exceed one -hundred (100) feet in length: (3) No significant adverse visual, environmental, or safety impacts will result from the driveway crossing, either as originally proposed or as Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 142 a result of incorporation of remedial improvements provided by the developer to mitigate such impacts. (iii) Proposed development on lots with mountainous terrain may require the preliminary layout and design of the individual driveways at the Preliminary plan stage, and the precise design of the driveway at the final plan stage. to assure that access can be provided to each dwelling unit served by the driveway in compliance with the standards of this Division. (iv) Driveways may be considered public improvements and thus stage.and design eP !he iRdividual dFiVeWa5'S at the ffelirninaFy plan ef !he dFiveway at the final plan stage, te asswe that aeeess ean be pFeYided to eaeh dwelling eeRwfiient, .. ed adequate aeeess to individual buildings and hell ..e..0 4T • .he RJI8'A'i - ., .. o siandaMsi kes: C]NUhe.e !hey will fniaimize dkt.WhOnee OF the 6UHiRS eP 518pe,. ehe.ed � x � (111)The e..mulatiye length of individual segments OF if.e.emeAts er the driveway iliat will eress siepes between thif:b, peFeen! (3094) and rift), O and Avon Development Code — PZC PUBLIC HEARING DRAFT May 28. 2010 Page 143 W4(3) Driveways Requiring Significant Cuts and/or Fills Discouraged Driveways that require significant cuts and/or fills are discouraged. Applicants are encouraged to relocate development to areas within the proposed development where such cuts and fills are not required. ki extFaeFdinnn.. ease- dniye..ays n.ny 1... JRK4-1Clearance From Intersections Driveways shall be restricted for a sufficient distance from any intersection with road approaches to preserve normal and safe movement of traffic. Driveways shall provide the following intersection clearances, exclusive of driveway and intersection return radii or flares. fH(i) , minimum intersection clearance of fifty (50) feet shall be provided for residential driveways and a minimum intersection clearance of one -hundred (100) feet shall be provided for commercial driveways. Q400 In the Town Coreafban-areas, a minimum intersection clearance of fifty (50) feet shall be provided for residential and commercial driveways where dedicated tum lanes for the driveways will be present. Where there are no dedicated turn lanes, then the minimum fifty (50) foot intersection clearance may be extended at the direction of the Town Engineer. (5) Backing Onto Roads Prohibited All parking areas shall be located and designed in conjunction with a driveway. such that vehicles exiting from a parking space shall not be required to back onto the right -of --way of a public street. Provided, however, that vehicles exiting from a parking space for a single-family or duplex dwelling unit may back onto a local Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 144 p .b. geitheF 8S uave Vper w mitigate n Ch :R iPaeIs (RI) _ 'PFie:...... 1........- than a huRdnu.l and CQ.. (150) C lenLJ1'Ju�.r Dth dni.,eway she" deren...ined b the length as neeessaFy. as by the Town rugine, 1 taiien eeeeS.. C-emeeney. ..n ehielen , to ensuFe W4(3) Driveways Requiring Significant Cuts and/or Fills Discouraged Driveways that require significant cuts and/or fills are discouraged. Applicants are encouraged to relocate development to areas within the proposed development where such cuts and fills are not required. ki extFaeFdinnn.. ease- dniye..ays n.ny 1... JRK4-1Clearance From Intersections Driveways shall be restricted for a sufficient distance from any intersection with road approaches to preserve normal and safe movement of traffic. Driveways shall provide the following intersection clearances, exclusive of driveway and intersection return radii or flares. fH(i) , minimum intersection clearance of fifty (50) feet shall be provided for residential driveways and a minimum intersection clearance of one -hundred (100) feet shall be provided for commercial driveways. Q400 In the Town Coreafban-areas, a minimum intersection clearance of fifty (50) feet shall be provided for residential and commercial driveways where dedicated tum lanes for the driveways will be present. Where there are no dedicated turn lanes, then the minimum fifty (50) foot intersection clearance may be extended at the direction of the Town Engineer. (5) Backing Onto Roads Prohibited All parking areas shall be located and designed in conjunction with a driveway. such that vehicles exiting from a parking space shall not be required to back onto the right -of --way of a public street. Provided, however, that vehicles exiting from a parking space for a single-family or duplex dwelling unit may back onto a local Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 144 (E)(6) Maximum Number of Entryways Generally, no more than one entryway shall be allowed for any parcel of property where the frontage is less than one -hundred (100) feet. Additional entrances or exits for parcels of property having a frontage in excess of one -hundred (100) feet shall be permitted only when the applicant demonstrates they are required for actual convenience and necessity, and that safety to the traveling public will not be compromised. (t<1(71Not Encroach All driveways shall be located so that the flared portion adjacent to the traveled way shall not encroach upon adjoining property. fG4(8) Intersection With Roadways Driveways shall intersect the edge of the traveled way at ninety (90) degrees. This alignment shall be maintained within the public way and snow storage easement. Beyond the right-of-way line onto the adjacent property, permissible axis angles of driveways in relationship to the right-of-way line shall be between ninety (90) and sixty (60) degrees. OB 9) Minimum Width The minimum width of the commercial access driveway shall be twelve -ten (4 -2 -LO) feet for a one-way drive and twenty-four (24) feet for a two-way drive fer eemmefe6a! and ondUSIFial ae -, The minimum width of the industrial access driveway shall beard ten (10) and twenty (20) feet, respectively—fer-re5iden6e4 aeeess. Residential curb cuts and driveway grades shall meet the following requirements: Table 7.28-2: Residential Access Requirements Standard Single Family Duplex Multi -family Driveway curb cut (drive aisle width in Min. 4410 Min. 4410 Min. 20 feet, not including Max. 4.914 Max. 4-9-14 1]] Max. 24 radii Maximum number 1 1 1 (8 dwelling units of curb cuts or less) [2 Driveway grades 4% max. for first 20 4% max. for first 20 4% max. for first 20 ft. adjacent and ft. adjacent and ft. adjacent and perpendicular to perpendicular to perpendicular to public ROW or public ROW or public ROW or adjacent to garage; adjacent to garage; adjacent to garage; 10% max. 10% max. 1 8% max. All access must be pependicular through easements adjacent to right of way Notes: [I] Maximum may be increased at the discretion of the Town En ineer. Avon Development Code - PZC PUBLIC HEARING DRAFT May 28, 2010 Page 145 (2) Maximum number of curb cuts may be increased at the discretion of the Town Engineer. [31 Ten foot maximum radius on access flares 4+#(10) Clear Vision Area Access driveways shall have a minimum clear vision area formed by the intersection of the driveway centerline, the street right-of-way line, and a straight line joining said lines through points twenty (20) feet from their intersection. 44)(11) Radii Permissible radii on driveway returns shall be governed by such factors as the width of drive and angular placement. Where the flared edge of an approach controls the turning radius of a vehicle entering the property by a right tum from the adjacent outside traffic lane of the roadway, the radius of that edge shall not be less than twenty (20) feet for passenger vehicles and not less than fifty (50) feet where single unit or larger trucks may be expected to use the entrance and the traffic volume on the adjacent road exceeds four -hundred (400) AADT. fKK12)Court Drives Within residential zoning districts, from three (3) to ten (10) dwelling units may share a single drive lane access to a public street through the use of a court drive layout, provided that the following conditions are met: FH(ilShared drive lanes shall be no longer than five -hundred (500) feet, shall be at least twenty (20) feet in width and shall be dedicated to a home owners' association with responsibility for maintaining the shared drive lane and the power to enforce payment of dues from individual homeowners in order to do so. The home owners' association shall be created and the shared drive lane shall be dedicated to the association before a certificate of occupancy is issued for any dwelling unit using the shared drive lane. 4�00 Individual driveways leading from the shared court drive lane to each dwelling unit shall be at least twenty (20) feet long, as measured between the front of the garage and the closest edge of the shared drive lane or sidewalk if one exists. fNJqD___The design of the court drive shall be designed by a registered professional engineer and shall permit a passenger vehicle to back out of an individual driveway and tum ninety (90) degrees in either direction without any portion of the vehicle: (a) leaving the individual driveway from which the vehicle is exiting or the shared drive lane, or (b) entering on or over the individual driveways of any other residence. The AASHTO turning template for a "P" design vehicle shall be used to confirm that this standard is met. Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 146 OR iv) Each court drive is subject to review and approval by Eagle River Fire Protection District for fire hydrant adequacy and emergency vehicle access. All ERFPD issues must be satisfactorily addressed prior to development approval. fE(v1 Utility meters shall be located on the court drive side of the dwelling units. vi Court drive lanes shall accommodate at least one (1) guest parking space for every two (2) lots where a garage driveway is accessed via the drive lane. Maximum grade for a court dive shall be ten percent (10%), and shall have a maximum grade of four percent (41/o) for the first twenty (20) feet from the public roadway and from individual garages b spaees Bel (2)Padiing T... .. b ded C.... •he... e oeaeun. f llati...1:..,. . a • the C 11....:...,types of b. b• b+ a 'Geated, and beneath the Widing(s) b is seryes. a+and padiing within, abo%,e, OF @)Exeeptians be allowed b), the DiFeeteF: 0,04) ever the maximum paFkang FequiFeEnent may Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 147 ., .. RAMMIM Table 028 3i AMC 1 t' PefM uirentent Residentiet Uses +4EaetRalBdaEien -11W-Uf i fet�tnit F . eveFcnn . n . Uses i�V2{}jfl�'-,-pyi!}itii'2}j}{iy1&_}—pef unit 9nri)edf � A..IKn....:1., mommmmT [ �(� t �....,. T'tffiR�i�J-7-.iPvc-eS 11 15 Line isspaees "-20-ufVi1q spaEn ;4-24tlnhs 6 speees OVeF 25 WHit'—:�3pnee-,phK-i3paee-ii9r each :; ..C26 HP 16 Ek VMS Of In dd space Win$ 4 F 100 sq -R:-eF IzA iietifNnieniiinfTit}-IllfSiFTo i'eC+i1L1' publop and Ingfituslefln, krises Ser lees Genantueitveenters Gevemmentserwees &Wiieef, a (aeiiities � iia n � peF 1000 SQ. ft. Gr -A R L''dtlealionAl Faeilkies A.. Innn ,.., n /ice 'p"-'�"r"' z 4 Per -1 000 $q-. fl. GFA atld4fade^^ �- Wealth Gare FeeiiitiesW47PAI md dontAl PPRic,, tutd-efReas 4peF4000sy-R`GFA Aarl s ender 6ei€eearsr ween -Geatttierria4liscs Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 148 SAME AS ORIGINAL T..L'�EOte4.. 8 iCTRrkia ldSP� {�s Rerki R airement FienerTl f e+nn�ereiet Nses-aaless-etherise stated PEF 1 000 Sq. A.�-A. Feed and tSeP`It;2i Rest. . . o.._,. TOVeRiS J ..ff AA - ft. l' Sealift HGid�iie a .. f3..nl. dHW Fe 5 effee AdministFaFivaand pel. 1000 Sq. t1,GPA ReeFe.F�,�tinn t,..... .._A FmeFfallimeni; OwdeeF Qutdearfea3tnercial Feffeatian PeieF.:.t:.nd bs the D:rt*tar: Reereatien-and PRIeF Ree ieAt. Woof 4wlaereemmeFeiel ii,"tQRnined by -ti the PiFeeiff. ti,i rtii.�.le Basiness Wvolesalebuiine55 + PeF 800 G ...,...i ,..d . lal Uses .,i...... ,.then.:,., sta.,.a (e) Drive Through Requirements The following standards shall apply to businesses that contain a drive-through establishment, regardless if the drive-through is part of another use (e.g., restaurant or financial institution) or if it is a stand-alone use (e.g., automatic teller machine). (1) Location of Stacking Lanes and Use of Audible Electronic Devices (i) Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be located within two -hundred and fifty (250) feet of any residential dwelling unit. (ii) No service shall he rendered, deliveries made, or sales conducted within the required front yard or comer side yard; customers served in vehicles shall be parked to the sides and/or rear of the principal building. (iii) All drive-through areas, including but not limited to menu boards, stacking lanes, trash receptacles, loudspeakers, drive up windows, and other objects associated Avon Development Code - PZC PUBLIC HEARING DRAFT May 28, 2010 Page 149 with the drive-through area shall he located in the side or rear yard of a property to the maximum extent feasible, and shall not cross, interfere with, or impede any public right-of-way. (2) Stacking Space and Lane Requirements The number of required stacking spaces shall be as provided for in Table 7.28-4. See Figure 7.28-B for an illustration of stacking spaces: Table 7.28-4: Stacking Space Requirements Car Wash/Fuel Pump GENERALRES£AURANT Minimum Measured Activity Stacking Spaces From: (per lane) H Bank, Financial Institution, or Automated Teller Machine ATM 3 Teller or Window Restaurant 6 3 from the Pick -Up Window CANOPY RTACRING CANOPY and 3 from the Speaker. Full Service Vehicle Washing 6 Outside of Washing Bay Establishment 6behtndbay I orpuma and orpido-up window Self -Service or Automated Vehicle 3 Outside of Washing Bay Washing Establishment Fuel or Gasoline Pump Island 2 Eump Island Retail Uses 3 Pick -Up Window Other As determined by the Director Fast Food Restaurant Car Wash/Fuel Pump GENERALRES£AURANT AUTOMOBILE CONVENIENCE GASPUMP PARKING CARWASR STORE ISLAND Ex1T { ti H DRIVE •� �. 'C 1II.".R CUE �� CANOPY RTACRING CANOPY STACKING ANF Minimum of Minimum Of Minimum oft induding space 6behtndbay I orpuma and orpido-up window I behlndpump Fig. 718-11: Location of stacking spaces and lanes. Note that the stacking lanes are oriented toward the side and tear yards rather than the front yard. (3) Design and Dimensions Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 150 Stacking lanes shall be provided for any use having a drive-through establishment and shall apply comply with the following standards: (i) Drive-through stacking lanes shall have a minimum width often (10) feet. (ii) When stacking lanes are separated from other stacking lanes, bypass lanes, or from other site areas, the separation shall be by means of a raised concrete median, concrete curb, or landscaping. (iii) Stacking lanes shall beset back twenty-five (25) feet from right-of-ways. .... .. .. .... ' ... ....- - ....... .. . _ Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 151 that justifies estimates C.e alZ b demand based en the reeemmendatiens ef the :..el..de,. Cee:..ee.e l..erl• .ev e f T-Faf dF-4F-1-'efqII1111d- fFAFA the ed . .. a HSAA SF m ePd-eRqity. (ITS) be.l.:Ag PRM-binafians ale b GeneFatien of uses huIL Manual 11181 -A-FL 111P q-RFAP MO. •. eCee!0%,ky. ..d .ele..e..• FIF PBFRPaFab'e to and Iseation. /:::\De.l.:ve Based V/Len she ..•e..de.ds en FIE)OF A.ee build6.a ..v eee Fe C .. etage ea use unit of Fnee...wemee• all eele..le•:ee.. ..hF ll (4)wtilizatia he he..ed O gFeSa lteer e.ee m e •en p ent (101A) •h:.. GhapieF ,.hell be ....lel.. OeF !he ve.l•'Ag eP ees..enge. ...919F b ..el.:..le...F ..,.•.....� (i)Off Site Pnrldng Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 152 1. ... .... ....... .... .... .... - : :. :. :. .'.... .....:. .. - b 6 a Offif Lao* a ll C 6e leee.ed • b 6 a Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 153 a ll C 6e leee.ed • (f)BOeyele—..enL:.. ..:Glen ..6.,11 ffiffiff). building efitFanee. innea5e a a ...1.. _hall 6:e. ele f e:l:.:ee be to .6e eRiffinee eP the leeated fal4.e..L .. fl One huRdFed ....d A%, (150) liaeff feet ffeFA the p _y 6..:Id:.... e Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 153 fe"OWilig FateS! C (Ill) a ll ikd ,• a Spa6,. a a..a.... tan . ah'ala na.l.:an anaaaa s ' r.. ....___. �_......a "L' pFevided with wheel ......um uaC few (A)r h'ay aala �aa.l'ng (4)\lah:ala Ole ..0 FASiFIPAtiAl _, but a.6.11 a ppl:aaa• be aat:..b:aa dans anywhere nnan a a_ 0) buoy (1Vl:ayal.a radiing h:a..alaa that enable hL...alaa Caa:.C... •e aa .h..l. be see -wed. ifielude . .aa. .. .the_ ua..rr d r_ .buuard .0a . (4)n:a.aala aaaha and �..._ ...r.......,. in-stilutiena-1 buildings. a ,,r,.... Sueh .ad _ r.....a leeations a mar shall Q,a:l:.'aa _hall ha I..aatad .ur....,r„ shall be eleaply fieted with 'hl signage. The Faeks an Gtg age f a:lide....hall ha tag_------'-'-- -.._.. __ (I)Design and 1%laintenone-e h.aatad .---'-- a _.... ge b• •ha. _� Fnew da. n aaC as with nad ., net a...r..r.r .... , pedes.....,, _ CC L I: .,.. r ..�, .. na Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 154 p All epe-- Qff StFeet POPkiRg Was shall be a_adad aad chained to d:a._a_ aCa . C eeeI (N�V6atalr,6,ua - _. shall be s ' r.. ....___. �_......a "L' pFevided with wheel .teen • Caa single r..rrp. .... .....a.r gUBFds er bumpeF ........� ...... ....p.rn family and duplex guaFds 19eated ,. ...,...,� attar, family se that s (4)\lah:ala Ole ..0 FASiFIPAtiAl _ana:a and _a....:aa ..ah:a..laa _aaa:. seat .r...ru.u. ..pun ..ra _.. Ga as ma:n•enanaa .. aat:..b:aa dans anywhere nnan a a weightFeSs gFOss eaFFying weight of 1 0,000 peURds 9F meFe. Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 154 .. .. ...... .. .... eleaFenee efat least fifteen (15) . means ^r ....1.:... 1.._ ..eeess designed ..I1,..rnanneF J L' L 1 least .......... :: .- ':: widthtweWe (12) feet in 1.. •L1.... five /RC\ feet in length ... I f I a aneUYeFing spoee, and she" ha% -e a YeFtieal eleaFenee efat least fifteen (15) . means ^r ....1.:... 1.._ ..eeess designed ..I1,..rnanneF J L' L 1 least Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 155 I III � II III .e fittnieasc i��emi tiniest Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 156 .. i. .. ... Y I III � II III .e fittnieasc i��emi tiniest Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 156 /r�eet bead* a+femeats *leer-M•ea Reofi++giae 13' -?w 3i= -Berth F1+0f-Afcw Re4+aririgtui AddiNeaeF u �m Flee* hrze R"wfwig' N35' -Berth b-Flatets 7Wetels +0-000-sirI#t: E1veF400 go(1 -ft - ".-eimxereial reefeatieF+{iaeladiae Ex*wli+iealle451 40.000-jq-ft: AveF 100,00 — A ,a Whe'esale t9:9995�-A: (�vzF-4E1,980s4: A: - e..—RestalHAats < nnT� A. ft: — f Leur+dfy 19000 sq. A, E3ver 25,&00 sq: A — g-funeralH©nies 390054. ft; gveF19&000 — eheusu+g kip ie Ewer-40:000Sq. A, — 13. Stefage H9 ie 10,000 O eF2-5,090 sq: A: — A Sm, 6urns. audileFWMS and arenas Wp4er20.800 —,� AveF20.00 0 b. Transportation 1OF-11611AIS 5,000 sq. A. OYeF p_pp A- "ewage — 7.28.040 Mobility and Connectivity (a) Purpose The purpose of this section is to: (1) Reduce dependency on the automobile; (2) Reduce the number of daily trips by a single occupancy vehicle, and preserve the capacity of existing roadways; (3) Support the creation of a highly connected transportation system within the Town of Avon in order to provide choices for drivers, bicyclists, and pedestrians; (4) Increase effectiveness of local service delivery; promote walking and bicycling; connect neighborhoods to each other and to local destinations such as employment, schools, parks, and shopping centers; (5) Reduce vehicle miles of travel and travel times; improve air quality; reduce emergency response times; Avon Development Code - PZC PUBLIC HEARING DRAFT May 28, 2010 Page 157 Attachment D For the purpose of this chapter, Short Term Rental shall mean the rental of property for a total continuous duration of less than thirty (30) days. (4) Development Standards The developments standards within this overlay zone district are regulated by the underlying zone district. (6) Sales and Public Accommodations Tax License Any property owner who leases or rents property in the STRO District shall obtain a Sales Tax License in accordance with Chapter 3.08 and a Public Accommodations Tax in accordance with Chapter 3.28. The failure to obtain a Sales Tax License or Public Accommodations Tax License prior to using property for Short Term Rental in the STRO shall be a violation and subject to penalties as described in Title 3. (b) Planned Unit Development. All PUD zone districts shall comply to the dimensional and development standards as well as the review processes and criteria outlined in §7.16.060. 7.20.100 Development Bonus Requirements (a) Purpose. Development Bonuses may be awarded for proposed development projects in the Town Center (TC), Mixed -Use Commercial (MC), and Neighborhood Commercial (NC) zone districts where the application meets Town goals and exceeds minimum development standards and requirements. A Development Bonus may allow a project to exceed the maximum density, maximum building height, or the maximum FAR where the negative impacts of such allowance on the public or on adjacent property owners do not outweigh the benefits to the public. The public benefits identified in this section are related to mitigating the impacts of higher density and more intense site development as well as related to promoting the viability and functionality of higher density and more intense site development. (b) Procedures. An application for a Development Bonus shall be submitted concurrently with the principle application for development of the property and shall follow the review procedures, notice requirements, and hearing requirements of the underlying development application. A public hearing by Town Council shall be conducted before the Town Council takes action on any application for a Development Bonus. A Development Bonus shall only be effective and binding on the Town if stated in a development agreement which is approved by ordinance. (c) Submittal Requirements. In addition to the requirements of the principle development application and application submittal requirements required elsewhere in this Code, the Applicant shall submit the following additional materials when requesting a Development Bonus: (1) A narrative describing the nature and extent of the proposed Development Bonus and statement describing why the Applicant believes the requested Development Bonus meets the criteria of this section, §7.20.100(d). The narrative should also describe how the Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 99 proposed Development Bonus and the public benefits promote the Avon Comprehensive Plan and the purposes of the Avon Unified Land Use Code. (2) A solar resource analysis depicting the impact to surrounding property owners and public right-of-ways for applications which propose an increase in building height or an increase in FAR. The solar resource analysis shall also include analysis of shade and potential ice formation for pedestrian sidewalks, plazas and routes. (3) Architectural renderings for each side of the proposed structure which depict the impact to views from adjacent properties and public right-of-ways and three dimensional modeling which demonstrates the height, bulk, view impacts and shading created by the proposed building in relationship to other structures, public areas and right-of-way within three hundred feet of the property boundary. (4) An analysis of the additional impacts to public infrastructure and services for proposals which include increased FAR and/or increased density, including but not limited to additional impacts to streets, parks, water, water rights, sewer, public utilities, and schools. (d) Criteria. The following criteria for specific public benefits shall be considered when evaluating Development Bonuses: (1) General Criteria. (i) Absolute Maximum. The absolute cumulative maximum potential Development Bonus shall be an increase in floor area and/or building height that is 35% greater than the maximum allowed in the underlying zone district. There shall be no maximum potential Development Bonus for density as long as the provisions of this subsection. (ii) Cumulative Development Bonuses. Subject to the absolute maximum for Development Bonuses stated in sub -section a. above, multiple Development Bonuses may be awarded by the Town Council and may be applied cumulatively to a property. (iii) Promote Town Goals and Policies. The public benefits proposed by Development Bonuses shall generally promote goals or policies of the Avon Comprehensive Plan or the purposes of the Avon Development Code. (iv) Payment -in -Lieu. For all criteria, where an on-site contribution or land dedication is not practical or appropriate, the Town Council may consider a cash contribution towards such public facility or improvement by a payment -in -lieu of dedication. The amount of the payment -in -lieu shall be calculated by considering current and projected real estate values and construction costs. The amount of a payment -in -lieu shall be the equivalent value of an on-site dedication considering the additional administrative, transaction, financing and timeframe costs associated with properly utilizing cash proceeds. (v) Exceed Minimum Standards. For all criteria, a Development Bonus may only be considered and awarded where a public facility, public improvement or a dedication of land, condominium space, easement or other appropriate property interest for a public Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 100 facility or improvement exceeds the minimum requirements established elsewhere in the Town Code for a development. (vi) Mitigation of Impacts. The Town shall require an analysis and may require mitigation of the additional impacts of a Development Bonus on all public facilities, infrastructure and services which serve the property, including but not limited to public infrastructure, streets, additional water rights required to serve the development, fire protection, ambulance services, schools, parks and recreation. In addition, where a Development Bonus may result in negative impacts to adjacent or nearby properties or impacts to the general public, the Town may require mitigation of such impacts as a condition to granting the Development Bonus. The Town Council may waive the requirement to mitigate the impacts of a Development Bonus where the Town Council finds that the overall public benefits of the proposed site specific development outweigh the potential negative impacts of the Development Bonus. (vii) Location and Design. The location and design of any contribution towards public parking, transit, pedestrian enhancement, streetscape improvement or civic facility shall be in conformance with the Town of Avon's Comprehensive Plan and other applicable plans and regulations of the Town, shall be acceptable to the Town taking into consideration functionality, current and projected demand, and long term maintenance and operation costs, and shall include such legal documents as are deemed necessary and acceptable to the Town. (viii) Additional Water Rights Dedication. Additional water rights shall be dedicated for any Development Bonus which increases the water consumption for the property and such additional water rights dedication shall not be considered as a dedication of surplus water right as defined in criteria (vii) below. (ix) Development Agreement. Development Bonuses shall only be granted through a Development Agreement which is approved by ordinance and which contains provisions stating that the Development Bonus is contingent upon the performance and completion by the applicant property owner of any public facilities, public improvements and/or conveyance of a property interest for public facilities or improvements offered for the Development Bonus. (x) Deed Restriction. The form of housing deed restriction shall be in accordance with forms approved by the Town, which may be amended and updated from time to time, or which may be modified with approval of the Town Council where deemed necessary and appropriate by the Town to meet the goals of this section, the Unified Land Use Code, and the Avon Comprehensive Plan. (xi) Pedestrian Enhancements. Off-site pedestrian enhancements shall be no further than 2,500 feet (as measured by the most direct existing or planned pedestrian routes) from the Property boundary of the development. On-site pedestrian enhancements shall be open to the general public and shall be owned and maintained by the property owner or an owners' association. Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 101 (xii) Streetscape Enhancement. Streetscape enhancements may include plazas courtyards. fountains, public art, benches, tables, kiosks, pocket parks, play areas and other enhancements to public pedestrian areas. Streetscape enhancement shall be on-site maintained by the property owner or an owners' association. xiii Civic Facility. Civic facilities may include a library. health clinic municipal facility shall be located on-site or, if off-site, shall be within a reasonable proximity of the property to benefit the property. (xiv) Retail Business Incubator. Retail business incubators may include retail shops: the sale of regionally grown, produced or manufactured goods: and the sale of goods which reflect the cultural heritage of Eagle County and Colorado. The retail business incubator shall be located on-site and shall be located on the ground level and shall have frontage on a street or pedestrian walkway or plaza. (2) Height Bonus (i) The maximum building height may be increased to the extent of the floor to ceiling height (up to a maximum of twenty (20) feet) for a portion of the building by the following standards: (A) An area which is equal to the floor area of the public Parking and/or transit area dedication. (B) An area which is equal to the floor area of the area dedicated to use by the general public as a streetscape enhancement. (C) An area which is equivalent to the square footage of the area dedicated to the Town for streetscape enhancements. (D) An area which is equivalent to the square footage of the area dedicated to the Town for a retail business incubator. (3) Increased FAR (i) The maximum FAR may be increased by providing Attainable Housing that meets the following standards: (A) At least fifty percent (50%) of a Development Bonus in FAR shall include for -sale residential units with a deed restriction limiting the use and ownership of the property to full-time residential use as the principal residence of the owner and without restriction on the price of the initial sale or subsequent resale: or. Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 102 full-time residential use, restricting the appreciation on resale price of the residence. and requiring an initial sales price which is affordable for a qualified buyer earning 130% of average median income: or. funds to secure and provide housing, transactional costs and administrative costs for the Town to secure and providing housing, as such amounts are determined by the Town: or, (D) Any combination of standards a., b. or c. (ii) The maximum FAR may be increased at the ratio of one additional square foot for each square foot of approved public improvement dedicated to the Town. The approved public improvements are: unimproved public parking or transit area, pedestrian enhancement, streetscave enhancement, civic facility improvement, retail business incubator. The maximum FAR may also be increased according to the following formula: Cost of approved public improvement The average estimated cost per square foot of finished construction for the property . seventy- —additional square footage five percent (75%) (iii) The maximum FAR may he increased at the ratio of 1,000 square feet for each single family equivalent of surplus water right dedicated to the Town. (4) Increased Density (i) The maximum density may be increased by providing Attainable Housing that meets the following standards: property to full-time residential use as the principal residence of the owner and without restriction on the price of the initial sale or subsequent resale: or. (B) At least twenty-five percent (25%) of a Development Bonus in density shall 130% of average median income: or. funds to secure and provide housing. transactional costs and administrative costs for Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 103 the Town to secure and providing housing. as such amounts are determined by the Town; or. (D) Any combination of standards a.. b. or c. (ii) The maximum residential density may be increased to utilize the increased FAR. (S) (Reserved for Green Building Criteria) (6) Council Review and Approval. Approval of a Development Bonus. if any. shall be determined by Town Council in the Town Council's discretion after considering the value of public benefits, compliance with the Avon Comprehensive Plan. and the potential impacts on the public and adiacent property owners. Approval of Development Bonus shall be by ordinance and shall be documented in a development agreement. eamiHg 1 307% ek%,erage median :.. housing, b• Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 104 ON1014 I ON r.::vrh.." Fnai.:...um PAR m .... y be :.,.......a ......e FdO..b.....the fell,,.. b ' eFT e... � The a linhaneementT Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 105 (v)T-he maximum PAR may be iReFeased 0 0 fbmaulw f. a *fi%,e'rpeFS"„Q'..*.! (?5,04) (i)The e e C ..•Rt., ..hall be laeated e site •r ff ske. shall L within 0 Feasena 61 (kff-he maximum PAR may be iReFeased . aeeerding to the a • ff-L 'Hi —additional feet finished eenSEraeEien fer the pr9peRj Ave pef;eent�) square * seventy- age ae Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 106 (8)Retaill density. Business-IneUbat8F. 811d(.,.:AeFeasedbuilding building height Fney be *RGFOaSed by twenty a height a A nn evlee:ent . . a 139m ., be . _ded isPAR. Onereased r .. d.e . .. ef_,.....a level e • Th.. eveFage a• and lees! business StaFt UPS . 4udin e estimated _+ peF SqUaFR re,. ,.f €rnishe� veafeS. FeSt8WFaRtS and eaMe sheps; e l.... F .. pflppt t AaR.:a.,.,,d c . n....,1....... DeP ent Ftagle ,... Bonuses r .. Fame I L,.;:...,,...: ..1.at ff,.. (:)TI... ground Fet..:I 1 ....:........ ll ....t,..•.._ 91...11 L.. a I..... ged .. q4P ..-..i ..1...11 he I,.....•...! a •1... • (iii):Phe maximum efe D building height Fney be *RGFOaSed by twenty a (20) feet feF a POFtiAn ` ... . _ e • Th.. eveFage feetaa estimated _+ peF SqUaFR re,. ,.f €rnishe� eenstweeie„ fbF the pmpexti y 1 .. ` ... . _ Avon Development Code — PZC PUBLIC HEARING DRAFT May 28. 2010 Page 107 Attachment E TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 10-03 A RESOLUTION RECOMMENDING APPROVAL OF AVON DEVELOPMENT CODE, REPEALING AND RE-ENACTING TITLE 16: SUBDIVISIONS, AND TITLE 17: ZONING; AMENDING PORTIONS OF TITLE 2: ADMINISTRATION & PERSONELL, AND TITLE 15: BUILDING, AVON MUNICIPAL CODE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Planning & Zoning Commission is appointed by Town Council to review, make recommendations, and guide and accomplish a coordinated, adjusted and harmonious development of the municipality and its environs, and WHEREAS, the Town's zoning code and subdivision regulations have not been comprehensively amended or revised since they were first adopted by the Town in 1979; and WHEREAS, the calls for a comprehensive amendment of the zoning code and subdivision regulations are long standing and evidenced by the recommendations of the 2006 Avon Comprehensive Plan and other planning documents; and WHEREAS, in 2008, the Town Council appointed a Zoning Advisory Committee comprised of community representatives, including home builders, developers, planners, architects, and elected and appointed officials; and WHEREAS, the Town Council with the assistance of the Zoning Advisory Committee, zoning consultants, and town staff conducted a through analysis of the current code, including interviews with citizens and users of the code; and developed a strategic plan for revising the regulations; and WHEREAS, the Planning & Zoning Commission and Town Council held a series of eight public workshops in April, May and June 2010 to review the initial draft of the Code; and WHEREAS, a public hearing was held by the Planning & Zoning Commission on June 15 and July 6, 2010, pursuant to notices required by law; and WHEREAS, the Avon Development Code is consistent with purpose and intent of Title 17.28 of the Avon Municipal Code regarding amendments to its zoning regulations. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby recommends approval of the Avon Development Code, attached hereto as "Exhibit A", citing the following findings: 1. The Avon Development Code is consistent with the 2006 Avon Comprehensive Plan, The West Town Center Investment Plan; and The East Town Center Investment Plan; and the adoption of the Code is necessary and desirable to effectively implement the policies and vision of these adopted plans. 2. The Avon Development Code is necessary to respond to changed or changing conditions in the town and promotes the type of development patterns that have emerged since the current code was first adopted. 3. The Avon Development Code will result in development that is compatible with existing and surrounding areas or uses and can be served by adequate public facilities. 4. The Avon Development Code reflects contemporary zoning and planning practices, which include decreasing automobile use, sustainability, and pedestrian oriented development. 5. The Avon Development Code consolidates the zoning code and subdivision regulations into a unified set of regulations that are efficiently organized and improves the usability of the Code. 6. The Avon Development Code finthers the public health, safety and general welfare of the greater Avon community, including its residents, businesses, and industries. ADOPTED THIS 6 I DAY OF JULY, 2010 Signed: Date: Chair Attest: Date: Secretary