L22 B2 BMBC RezoningTown of Avon
Rezoning and PUD Development Plan
Staff Report -Avon Market Place
November19, 1996 Planning & Zoning Commission meeting
Report date November 1S, 1996
Legal description Lot 22, Block 2, Benchmark at Beaver Creek
Subdivision
Current zoning SC -Shopping Center Commercial
Proposed zoning PUD
Address 200 Benchmark
Introduction
Leo Palmos of Palmos Development has applied to rezone Lot 22, and Tracts A and B, Block 2
of Benchmark at Beaver Creek Subdivision to PUD, for a mixed use development. Rezoning to
PUD includes approval of a PUD Development Plan.
The proposed mixed use PUD incorporates 95,882 square feet of new retail and office space, 78
residential condominiums, plus a 2,000 square foot Greek Orthodox chapel. Total square footage
of the shopping center, including the Wal-Mart and existing retail building is 158,262 square feet
of commercial and office space.
Review considerations for change of zoning
According to the Town of Avon Municipal Code, Section 17.28.080, the following evaluations
shall be made in reviewing rezone applications:
1. Is the proposed rezoning justified by changed or changing conditions in the character of the
area proposed to be rezoned?
The proposed rezoning to PUD will facilitate new mixed use development in Avon's
commercial area. The changing condition is that there is limited land available for
development in Avon's commercial area. The development is justified, and encouraged in
contributing toward a growing and revitalized commercial area.
2. Is the proposed rezoning consistent with the town's comprehensive plan?
The site is designated as Mixed Use Commercial by the Town's newly adopted
Comprehensive Plan. It is located in sub -areas 14 and 16.
• Subarea 14 recommends one to three story buildings with sloped roofs, sheltered entrances,
pedestrian connections to existing development, and equal architectural treatment of all
exposed faces.
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Lot 22, Tracts A and B, Block 2, Benchmark at Beaver Creek Subdivision, Review, page 2
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• Subarea 16 promotes mixed commercial uses, with residential uses on the top floors.
• The proposed mixed use development is consistent with this recommendation. Building A,
attached to the east end of the Wal-Mart building, is two stories; the proposed addition to the
west end of Wal-Mart is one story. These buildings are located in Subarea 14 and are
consistent with the recommendations.
• Buildings B and C are essentially three story buildings with the four story tower elements.
The recommendations for Subarea 16 do not address building heights. Staff believes the
proposed rezoning is consistent with the Town's Comprehensive Plan.
3. Is the proposed use(s) compatible with the surrounding area or uses?
The proposed mixed use development is compatible with the surrounding area and uses. The
area to the south is residential. The buildings have been designed with "finished elevations"
facing the high density residential to the south of the property, and towards the currently
undeveloped Stolport property to the east, anticipated for mixed-use development. The
residential area to the south is separated from the project by a railroad corridor. This corridor
may eventually be converted to a trail or light rail corridor. Fencing and landscape berming
has been incorporated into the design to reduce impacts of this development on the adjacent
residential areas. The area to the west and north is existing commercial.
4. Are adequate facilities available to serve development for the type and scope suggested by the
proposed zone?
Facilities are available to serve the proposed development. With the installation of round
abouts on Avon Road, buildout of this project does not preclude maintaining a level of
service C. Minor improvements to Benchmark Road are recommended.
Design criteria for review of a PUD Development Plan (Section
17.20.110.H)
1. Conformity with the Avon Comprehensive Plan goals and objectives. (This analysis is
based on the newly adopted Comprehensive Plan)
• Goal 1 is to " ensure a balanced system of land uses that maintains and enhances Avon's
identity as a residential community, and as a regional commercial, tourism and entertainment
center. This project helps to balance the land use by providing mixed use development which
includes residential.
• Policy Al.1 states that development and redevelopment will be of a scale and intensity
appropriate fort the neighborhood. The development is compatible with the existing
commercial neighborhood as well as the residential area to the south. The two and three
story buildings, with towers are a similar mass and bulk as the surrounding commercial. The
mixed use development will be compatible with the surrounding one and two story
commercial development.
• Policy A1.3 states that flexible zoning such as PUDs will be encouraged where it results in a
more effective use of the land, provides a benefit to the community, and is compatible with
the surrounding area. The proposed PUD does result in more effective use of the land
because of increased densities and the proposed mixed use development.
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Lot 22, Tracts A and B, Block 2, Benchmark at Beaver Creek Subdivision, Review, edge 3
November 19, 1996 Planning & Zoning Commission meeting
The residential densities on Lot 22 are based on the entire PUD, which includes Tracts A and
B. Standard zoning for Lot 22 allows 40 residential units (7.5 dwelling units per acre X 5.41
acres).
The SC zone district allows building heights of up to 48 feet. Proposed main building ridge
heights vary from the one story Wal-Mart addition to the three story, 54.5 to 63.8 foot
building ridgelines. The tower will be 95 feet tall, from the top of the ridge to the existing
grade.
The project includes a Greek Orthodox chapel , which can be used for church services,
meeting space, and weddings.
The project also provides reduced -rent office space for the Chamber of Commerce.
The project should substantially enhance the vitality of downtown Avon.
As presented, the project appears to have a parking deficit of 31 spaces.
• Policy A1.5, "The community will include a wide range of residential uses
including... vertically integrated residential (housing on the upper floors of commercial
buildings). The project contains such a land use mix.
• Policy A3.3 "Commercial, public, and other uses that generate employment and customer
traffic should be located to minimize the need for automobile travel. This development is
located ideally to implement this policy. It is adjacent to existing commercial areas.
Sidewalk systems have been provided on the site. This includes planning for a potential
future pedestrian connection from the south (rear) side of the complex to provide a
connection from the trail and light rail corridor if the Union Pacific Railroad is abandoned. It
is unclear however, if the sidewalk east of City Market is on Lot 22 or City Market Property.
If it is to be constructed on City Market property, an access easement will need to be
provided.
• Policy A3.5 also calls for a vertically integrated mix of commercial and residential uses, and
rely primarily on underground structured parking.
• Policy A3.6 encourages mixed use development, where compatible with existing
neighborhoods, to more efficiently use land. The proposed mixed use PUD will be
compatible with the surrounding neighborhood and will certainly be an efficient use of land.
Although the project is adjacent to residential areas, it is separated by a rail corridor. The
buildings have been designed to provide a finished elevation on both sides. Traffic generated
from this development will not travel through residential areas. The "back side of the
property includes a screen fence and landscaped area.
• Goal B 1 is to "enhance the Town's role as a principal, year-round residential community and
regional commercial center. The mixed use development provides a significant amount of
commercial, office and residential space to expand the Town's residential and commercial
land use base.
• Policy B 12 " Commercial areas will be sustained through creation and maintenance of
effective vehicle access and parking, transit services, all -season pedestrian and non -
motorized vehicle access, and consistent application of design standards." A pedestrian
access (sidewalk) system has been provided. It is not clear if the sidewalk system is
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extended on the north side of Building B and south side of Building C. A sidewalk system is
need in this area to provide connections between this property and the Stolport property
adjacent to this site.
• Goal B3 is to maintain a balanced, diverse economic base that provides employment
opportunities for residents and a sustainable tax base for the Town. Policy B3.1 is to
promote development that strengthen the Town's year round tourism base. The development
will provide more retail shopping and services for tourists, and likely some of the units may
be used as second home or weekly rentals.
• Goal C1 is to provide for diverse, quality housing, and Goal C2 is to provide for affordable
housing for permanent and seasonal residents that is attractive, safe, and integrated with the
community. This includes Policy C2.1 that new development, annexations, and major
redevelopment shall include or otherwise provide for affordable housing. Policy C2.2 states
that the affordable housing be integrated with the community, and Policy C2.3 stipulates that
affordable housing required by the Town will include provisions for maintaining
affordablility. The applicants have agreed to provide 5 housing units priced to be affordable
to households at the median family income for the County. The units would be deed
restricted. Staff appreciates the willingness of the applicant to contribute to the affordable
housing supply. We recommend that a minimum of 10 percent of the units be affordable.
This would be eight housing units.
• Policy D1.2 states that new development should only occur where it can be adequately served
by public facilities and services. The development is in a location where services can be
extended reasonably.
• Goal E1" Create an integrated transportation system that minimizes dependence on
automobile travel within the Town by making it easier to use transit, walk or use bicycles
and other non -motorized vehicles. The site plan includes pedestrian connections and a
sidewalk system to enhance the Town's sidewalk system. A pedestrian connection does
need to be provided to the Stolport property to the east.
• Policy H1 "Establish and maintain a high quality visual image of the Town. and Policy H1.4,
enhance the image of the Town as viewed from Interstate 70, and Policy 1-11.5, to maintain a
sense of openness through preserving significant view from the highway, and landscaping, all
relate to the proposed PUD. The architecture introduces a new architectural style to the
Town. The architecture is of high quality and therefore is in conformance with these
policies. The Tower elements on Building B, will be highly visible from the freeway.
Although it will create more of an urban look of Avon's commercial area, the view from 1-70
should be improved by the upgraded architectural design of the shopping center.
2. Conformity and compliance with the overall design theme of the town, the sub -area
design recommendations and design guidelines of the Town.
This area is addressed by the Comprehensive Plan, but is not included in the downtown
Design Guidelines. The site is designated as Mixed -Use Commercial District by the Town's
newly adopted Comprehensive Plan. It is located in sub -area 14 and sub area 16. Subarea 14
recommends one to three story buildings with sloped roofs, sheltered entrances, pedestrian
connections to existing development, and equal architectural treatment to all exposed faces.
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Lot 22, Tracts A and B, Block 2, Benchmark at Beaver Creek Subdivision, Review, page 5
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Subarea 16 promotes mixed commercial uses, with residential on the top floors. The
proposed mixed use development is generally consistent with these recommendations.
Building A is two stories and the proposed addition to Wal-Mart is one story. These
buildings are located in Subarea 14 and are consistent with the recommendations. Buildings
B and C are essentially three story buildings with the four story tower elements. The
recommendations for Subarea 16 do not address building heights. Therefore, the 95 foot
Tower is not inconsistent with these recommendations. The Tower will become a dominant
landmark within the Town. Staff views this as complementing the existing Town Center,
rather than providing a competing feature that could detract from the existing Town Center.
The proposed architecture is a departure from the more contemporary architecture currently
found within the Town. It does relate well to the recently approved Chateau St. Claire
development at the base of Beaver Creek.
3. Design compatibility with the immediate environment, neighborhood, and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character, and orientation.
The one to four story buildings are within the recommendations of the sub -area plans. The
building design is high quality and is compatible with the Chateau St. Claire Architecture as
well as Beaver Creek to the south. It is dissimilar from the design of buildings in the
immediate area and Avon's town center to the north. The tower on building B is
significantly taller than buildings in the immediate vicinity. It will be of a similar scale as the
Lodge at Avon Center building located west of Avon Road. The mass and bulk of the
buildings is similar to the Eaglebend Apartments and Avon Crossing residential
developments to the south. A narrow buffer is provided between this development and these
residences. The railroad corridor separates this development from the residential area. It is
staff s opinion that an adequate buffer has been provided. Although the architecture is
different from other buildings in the existing town center, staff believes the architecture is
attractive and will set the tone for new development and redevelopment in the area.
An addition is proposed for Wal-Mart in this application. However, no modifications to the
existing building are proposed. When this addition is constructed, the facade of Wal-Mart
should be upgraded to match the buildings within this PUD. An addition for Wal-Mart was
approved this August. The inclusion of Wal -mart in this PUD constitutes a new development
proposal. If this application is approved, the previously approved plans will be superseded.
4. Uses, activity, and density provide a compatible, efficient, and workable relationship
with surrounding uses and activity.
The mixed use development is compatible with surrounding uses. In the immediate vicinity
of the site, is retail, office, restaurant and residential uses over commercial. The building
coverage of 25.2 % of the site is well within the 50% maximum. The residential density is
concentrated on Lot 22 at 14.41 dwelling units per acre (dua). The residential density is
within the 7.5 dwelling units allowed per acre when the entire acreage of the PUD is utilized.
The overall residential density is 6.6 dua. This is an acceptable residential density for a
commercial project. The area will generate a high level of activity. Staff believes this is
compatible with the immediate area that is primarily commercial, with some employee
housing. although there is an existing residential area to the south, this area is separated from
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the site by the railroad corridor. the residential area will not experience any traffic impacts
because the site is accessed through the existing commercial area. There may be some
impact from he traffic circulation aisle for cars and trucks on the perimeter of the site
5. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
There are no significant natural or geologic hazards within the area proposed for development
that have been identified.
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.
The site is relatively flat and does not have any native, undisturbed vegetation. The project
will improve the aesthetic quality of the area. The tower will provide a dominant landmark
however, that will be visible from I-70 and create a more urban view from 1-70.
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.
A pedestrian circulation system has been provided. This includes a sidewalk system that is
partially located on the City Market property west of the site. The applicants have worked
with the staff in improving the circulation aisle on the western side of the site. The parking
tin this area has been converted to angle parking to provide better traffic flow. The on-site
circulation system is generally good. Access is provided to the site over the existing Tract A
and Tract B. A secondary access is provided behind City Market to Beaver Creek Boulevard.
The applicants have agreed to provide an access easement to the Stolport property, with
certain restricting, including cost recovery for expenses in providing the connection.;
The traffic revised traffic report identifies that off-site improvements to Benchmark Road
including controlling access to off-street parking by defining driveways with clearly
delineated islands, limiting driveways to specific traffic lanes, and curb and gutter that should
be made to improve traffic flow and accommodate increased traffic impacts from this
development.
The Fire Chief has identified a concern regarding access and maneuverability through the T
intersection and through the parking aisles on lot 22.
The parking aisles do not all appear to provide a minimum width of 24 feet.
Access easements need to be provided. This includes easement between Tract A, and B and
Lot 22, as well as easements for the sidewalk on the City Market Property. An access
easement should be provided between Lot 22 and City Market.
Staff recommends a 40 foot access easement across Tract B and a 50 foot access easement
across Lot 22 to provide for a access between this property and the Stolport property.
The maneuvering and driveway aisles in the loading areas appear to be too narrow to be
functional fro trucks.
Some parallel parking spaces (east side of building B) appear to be about 16 feet long. These
spaces should be a minimum of 22 feet long, preferably 24 feet long.
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Traffic flow could be improved by closing at least the first parking aisle to the east west main
access into the site.
8. Functional and aesthetic landscaping and open space in order to optimize and preserve
natural features, recreation, views and function.
The landscape plan provides a more urban treatment with "hardscape" in many areas. It is
not clear from the plan what all of the ground treatment is. Final design plans should clearly
indicate which areas are decorative pavement and where sod is provided. The provision of
more hardscape surfaces seems appropriate for the urban development proposed. The
residences are clearly urban in nature, with no specific amenities provided for the residential
units.
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.
A phasing plan needs to be provided.
10. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks, and police and fire protection.
The site has been planned for urban level development and adequate services can be
provided. Although a significant number of residential units are proposed, it is unlikely that
many school age children would live on the site because of its urban character and lack of
amenities. Therefore, the school impact should be minimal.
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.
The traffic study indicates that a level of service of C (LOS) or better can be achieved
provided that roundabout improvements are made to Avon Road. The revised traffic study
also recommends improvements off-site to benchmark road to increase traffic flow. These
improvements were discussed above, and include better striping, curb and gutter, controlling
access to off-street parking, and clearly delineated islands. The driveway aisle through Track
A will be modified for improved traffic flow. This includes straightening the aisle, and
providing angle parking.
12. Development Standards including lot area, site dimensions, setbacks, height, density
control, site coverage, landscaping and parking shall be determined by the town council
as pat of the approved development plan with consideration of the recommendation of
the Planning Commission.
Lot area: Not being changed.
Setbacks: The site plan maintains standard Town setbacks. This is a 25 foot front, 7.5
foot side, and ten foot rear. The standard 10 foot front parking lot setback has also been
provided.
Building Height: The PUD proposes that the maximum building height of 95 feet for the
tower on Building B. The buildings are up to four stories with main ridge heights of 54 to 64
feet. The SC zone district allows heights up to 48 feet in height.
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November 19, 1996 Planning & Zoning Commission meeting
Densi : The PUD is in conformance with the residential density of 7.5 units per acre,
utilizing a Transfer of Density approach. While 14.5 dwelling units per acre (DUA) are provided
on Lot 22, the site plan "uses" density allocations from Tract A and Tract B. Staff believes this
is acceptable provided that benefits are provided to the Town to off -set impacts from increased
building height, the requested reduction in parking, and the allocation of the residential units to
lot 22. The benefits should include an affordable housing component. This is discussed
elsewhere in the report.
The project conforms to the maximum site coverage of 50%.
Landscaping: the minimum landscape requirement of 20 percent landscaping has been
met. The landscape plan needs to more clearly indicate the ground cover.
Parking: The Zoning Code, (Section 17.24.020 6) specifies parking requirements for
mixed use projects. This requires 5.5 spaces per 1000 square feet for the first floor, and 4 spaces
per thousand square feet for all other floors. The mixed use formula has been used to calculate
parking for buildings A, B, and C. Wal-Mart is solely retail, thus the retail parking requirements
were used for Wal-Mart. Based on the square footage provided, a total of 847.3 parking spaces
are required. The Planning and Zoning Commission may grant a 15 percent reduction provided
certain criteria are met. This brings the requirement down to 720.3 (Code rounds to next whole
space -721). The project has a deficit of 20 to 23 parking spaces according to the information
provided by the applicants. This does not take into account that some spaces (4 spaces east of
building B, do not appear to meet minimum lengths for parallel parking. Staff was only able to
verify 690 spaces are provided. The applicants need to verify that all spaces meet minimum size
requirements as well as that the minimum aisles of 24 feet wide for two way parking are
provided.
The loading docks and aisles appear to be very narrow. The aisle south of building B by the
loading dock is about 10 feet wide and jogs. This does not appear to be adequate for truck
maneuvering. The loading dock east of Building B appears to be 8 feet wide, which would not
accommodate a truck. At least two functional loading docks are required.
Allowed Uses: The PUD guide proposes uses in accordance with the Zoning Code.
PROCESS SUMMARY
• Zone district changes are enacted by ordinance adopted by the Town Council. The Planning
and Zoning Commission will consider the Rezoning and PUD Development Plan application
and hold a public hearing on November 19, 1996. Following Planning and Zoning
Commission approval, the project would be scheduled for first and second readings of an
ordinance by town council.
Staff Recommendation
Because of unresolved issues including access widths, parking aisle widths, and a 30 space
parking deficit, staff recommends that the Commission review and comment on the project, but
be prepared to defer final action if necessary. Staff will work diligently with the applicant to
resolve these issues, and will update the Commission at Tuesday's meeting. The plans can then
be revised to address the items outlined in the report, and proceed to City Council for review.
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November 19, 1996 Planning & Zoning Commission meeting
Recommended conditions
1. Provide eight housing units for which a household with a median income $56, 580 can
qualify, assuming a 30 -year, 9% fixed interest rate, and 5% down payment (or equivalent).
2. Mutual access easements be provided for Tracts B and C, and City Market.
3. An access easement be dedicated to the public providing a 40 foot access easement across
Tract b, and 50 feet across Tract A.
4. The parking aisles and drives be approved by the Fire Chief for emergency vehicle access.
5. Parking requirements shall be satisfied.
6. Landscape plan clarify sod and hard surface areas.
7. Adequate loading bays be provided.
8. All parking lot aisles and driveways allowing two way traffic be a minimum of 24 feet in
width.
9. Town Engineer's comments dated November 13, 1996 be addressed to staff s satisfaction.
10. Off-site improvements outlined in revised traffic report be provided by the applicants.
11. Final design approval (August, 1996) for the 9,000 s.f. expansion of west side of Wal-Mart
be superseded by this PUD.
12. Provide a facade on the Wal-Mart building to match Buildings B and C, in conjunction with
the western expansion of the existing Wal-Mart building approved as part of this PUD.
Recommended Motion
Table Lot 22, Tracts A and B, Block 2, Benchmark at Beaver Creek Subdivision with the
direction to address the conditions outlined above.
If you have any questions regarding this project or any planning matter, please call me at
949-4280 (extension 131), or stop by the Community Development Department.
Respectfully submitted,
Karen Griffith, AICP
Town Planner
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Lot 22. Tracts A and B, Block 2, r -hmark at Beaver Creek Subdivision, Rezonir -w PUD, page 2
December 3. 1996 Planning & Zon«ig Commission meeting
Staff is also revisiting the parking requirements of this project. Based on the attached memo from
Tom Braun, and conversations with Mr. Ed Delduca of Northwest Colorado Council of
Governments, there may well be a reasonable basis for not requiring the applicant to provide
parking in excess of that shown on the current plan. Staff will provide further information
regarding this matter at the December 3 meeting.
PROCESS SUMMARY
The Commission will consider the revised Rezoning and PUD Development Plan application.
Following Planning and Zoning Commission review and final action, the application and
Planning & Zoning Commission's recommendation will be forwarded to the Town Council and
scheduled for first reading of an Ordinance.
Staff Recommendation
Based on resolution of the housing and access issues, plus the information regarding parking
requirements provided by the applicant and by NWCCOG, staff recommends approval of this
project.
Recommended Motion
Recommend that Town Council approve rezoning of Lot 22, Tracts A and B, Block 2,
Benchmark at Beaver Creek Subdivision from SC to PUD, as described on the PUD Plan dated
with the following conditions:
1. Provide eight housing units for which a household with a median income $56, 580 can
qualify, assuming a 30 -year, 9% fixed interest rate, and 5% down payment (or equivalent).
2. Dedicate to the Town a public right of way through Tracts A and B, and Lot 22, to the
eastern property boundary of Lot 22.
3. Establish an access easement between the PUD and City Market.
4. All parking lot aisles and driveways allowing two way traffic be a minimum of 24 feet in
width.
If you have any questions regarding this project or any planning matter, please call me at
949-4280 (extension 129), or stop by the Community Development Department.
Respectfltlly submitted,
Matzko
Director of Community Development
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Lot 22, Tracts A and B, Block 2, Benchmark at Beaver Creek Subdivision, Kevtew, page 5
November 19, 1996 Planning & Zoning Commission meeting
Planning & Zoning Commission Action
❑ Approved as submitted
❑ Denied
R( Approved with conditions (noted below)
❑ Tabled
❑ Withdrawn by applicant
Conditions of approval, reasons for tabling, or withdrawal of application, or basis for denial (refer
to code or guidelines by number):
Signed:
Date J 2
Jack H nn,
Attest:
Date 1-3 - f 6
Sue Railton, Secretary
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