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PZC Packet 121603Town of Avon Planning & Zoning Commission Site Tour December 16th, 2003 12:00 PM Town of Avon Municipal Building 400 Benchmark Road I. AGENDA A. Lot 6, McGrady Acres 86 Post Boulevard B. Lot 28, Block 3, Wildridge Subdivision 4491 Wildridge Road West C. Lot 40, Block 3, Wildridge Subdivision 4540 Flat Point Please meet at the Community Development Department Conference Room. Posted on December 12", 2003 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • City Market, main lobbv Town of Avon Planning & Zoning Commission Work Session December 16th, 2003 5:30 PM Council Chambers Town of Avon Municipal Building 400 Benchmark Road I. AGENDA A. Discussion of regular meeting agenda items. Estimated Times for each agenda item are shown for informational purposes only, and subject to change without notice. Posted on December 12", 2003 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • City Market, main lobbv Town of Avon Planning & Zoning Commission Regular Meeting December 16th, 2003 6:00 PM Council Chambers Town of Avon Municipal Building 400 Benchmark Road AGENDA I. Call to Order (6:00pm) II. Roll Call III. Additions and Amendments to the Agenda IV. Conflicts of Interest V. Consent Agenda Approval of the November 18th, 2003 Planning & Zoning Commission Meeting Minutes [Tab 1 ] PUBLIC HEARING (6:05pm — 6:15pm) VI. Special Review Use Applications A. Drive-thru Bank Lot 6, McGrady Acres Subdivision 86 Post Boulevard Resolution No. 03-19 Applicant: Edinburgh Corporation [Tab 2] Posted on December 12'n, 2003 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • City Market, main lobbv Edinburgh Corporation is proposing a drive-thru facility on Post Boulevard for a bank. A bank drive-thru facility is the subject of this review and permit application, not the actual bank (which is a use by right in this zone district). Access to the site is from Post Boulevard. Staff has requested that the Application be tabled to a subsequent meeting. B. Planned Unit Development Amendment Lot 61, Block 2. Benchmark at Beaver Creek Subdivision 0075 Benchmark Road Project Type: PUD Request Applicant: Michael Hazard [Tab 3] This is a PUD Amendment to the existing lot 61 PUD to establish new development rights that conform to the recommendations of the Town Center Plan and locate an expanded Town Transit Center on this site. Staff has requested that the Application be tabled to a subsequent meeting. PUBLIC HEARING CLOSED VII. Minor Projects (6:15pm — 7:00pm) A. Lot 40, Block. 3, Wildridge Subdivision 4540 Flat Point Accent Lighting Applicant/Owner: Mike Farr [Tab 4] Staff has received this Minor Project application for the addition of accent lights on a newly constructed Flat Point single-family residence. The proposed lighting was not part of the original design approval. The application proposes 17 "accent" lights in total, with lights on every elevation of the home. B. Lot 28, Block 3, Wildridge Subdivision 4491 Wildridge Road West Fencing Applicant/Owner: Marjorie J. Marks [Tab 51 The applicant is proposing a four to six foot high green mesh fence to keep deer off her property. The fence has already been installed, and staff has asked that she fill out this application since all fences require specific approval by the Planning and Zoning Commission. The fence does not appear to comply with the Town guidelines. Posted on December 12"', 2003 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • City Market, main lobbv Vill. Sign Applications (7:00pm — 7:15pm) A. Tract B-1, Block 2, Benchmark at Beaver Creek Subdivision 220 Beaver Creek Place Gart Sports Balloons and pennant line Applicant: Mark Johns, Sports Authority — Approved B. Lot 72, Block 2, Benchmark at Beaver Creek Subdivision 110 E. Beaver Creek Boulevard Beaver Liquors Temporary Banner Applicant: David Courtney — Approved C. Tract B-2, Block 2, Benchmark at Beaver Creek Subdivision Building D, 230 Chapel Place The Board Room sandwich board sign Applicant: Matt Bryan — Denied XI. Other Business (7:15pm — 7:45pm) A. Approval of the 2004 Planning & Zoning Commission Meeting Schedule [Tab 6] B. Proposed Lighting Ordinance Timeline [Tab 7] Staff has set this timeline for a potential new lighting ordinance to be adopted by Town Council. This ordinance will be drafted with the assistance of the Commission, staff, residents of Avon, and there will be numerous chances for public input during Public Hearings. X. Adjourn (7:45pm) Posted on December 12"', 2003 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • City Market, main lobby Staff Report PUD HEART of the VALLEY C O L 0 R A D 0 December 16, 2003 Planning & Zoning Commission meeting Report date December 10, 2003 Project type Lot 61 PUD Legal description Lot 61, Block 2, Benchmark at Beaver Creek Subdivision Current zoning Planned Unit Development Address 75 Benchmark Road Introduction The purpose of the Lot 61 PUD 2004 (herein referred to as "Lot 61 PUD") is to formalize the new building area, including development standards for Lot 61 and the corresponding road alignments and transit center. The PUD for Lot 61 has been extended twice to allow time to evaluate development opportunities for implementation of the Town Center Plan between the Town and the developer. The current Lot 61 PUD is valid until February 3, 2004. The most significant elements contained in the new development plan benefiting the Town are as follows: • 50'0" right-of-way dedication for the new Benchmark Road alignment to the Town of Avon. • Transit center to accommodate five (5) buses at a time with a 300 sq.ft. administrative/visitor center. • Enhanced pedestrian and vehicular circulation. • Implementation of significant master plan concepts of the Town Center Plan. In exchange, Lot 61 is receiving the following: • Timeshare as a use -by -right. • Increased building height, setbacks, site coverage, and density. The history of the zoning approval for Lot 61, Block 2, BMBC submitted by the developer, IDG3 LLC is as follows: 1978 Lot 61 zoned Town Center. 1991 Town Center zoning modified. 1999 Lot 61 applied for PUD zoning as set forth in Ordinance 99-16 (July 27, 1999) which had a 3-year approval. 2002 Town Center Implementation Plan was adopted on January 8, 2001 (Resolution 02-01). Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 December 16, 2003 Planning & Zoning Commission meeting Page 2 of 8 2002 PUD extension for a 6-month time period was granted to explore planning and development of the Town Center Plan on July 23, 2002 (Ordinance 02-17)_ 2003 In January, a PUD extension for one year was granted to allow the developer time to pursue implementation of the Town Center Plan on January 28, 2003 (Ordinance 03-01). 2003 In July, Council authorized funds be allocated to begin initial studies for the new property boundaries and road alignment. Over the past few months, staff has met with the developer and its representatives, including the Community Development Committee to arrive at a development plan that includes the implementation of the Town Center Plan in accordance with the existing PUD approval. The development plan includes a new transit center that accommodates up to five (5) busies, preserving pedestrian connections with the Confluence, and a new 50'0" right of way for Benchmark Road. On December 9, 2003 Town Council reviewed the initial fiscal analysis of the Lot 6.1 development agreement prepared by Stan Bernstein, the Town's financial consultant_ Of utmost importance was the implication of timeshare as a use -by -right, including the imposition of a recreational amenity fee to offset the impact of timeshare units. Council endorsed moving forward with the process, including the refinement of the financial model to reflect the contemplated land entitlements. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following design criteria, or demonstrate that one or more of them is not applicable, or that a particular development solution is consistent with the public interest. 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. The proposed PUD now complies with the Town Center Plan and conforms to the following goals and polices of the Town Comprehensive Plan: Policy Al .3 Flexible zoning such as PUD should be encouraged where it results in more effective use of land The planning process with staff and the developer for Lot 61 rs a new process for the Town and incorporates flexible zoning to benefit both public and private sectors. PolicyA3.5 Since undeveloped land in the Town Center is scarce, it will be developed at higher density, included vertically integrated mix of commercial and residential uses, and rely primarily on underground and/or structured parking The underground parking structure for this project extends under the Town right of way to allow for more parking and does not preclude the opportunity for a private/public partnership for parking improvements and includes a higher density mixed —use development. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 December 16, 2003 Planning & Zoning Commission meeting Page 3 of 8 Goal B1 Enhance the Town's role as a principal, year-round residential community and regional commercial center This development plan will help vitalize Town Center with a more efcientt transit hub to encourage year-round use of mass transit and pedestrian circulation for its citizens, which is further reinforced by the following policy B1.2. Policy B1.2 Commercial areas will be supported 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 Goal B2 Establish the Town Center Area as an inviting, vibrant and safe -pedestrian oriented cultural, retail and entertainment hub The purpose of the Town Center Plan is to further enhance a vibrant hub in Town Center, which has been implemented in the Lot 61 development plan. Policy B2.2 Encourage a range of uses in the Town Center, including retail, offices, hotels, recreation, tourism, and entertainment The Lot 61 development plan will include a range of uses and special review uses. Policy B2.4 Encourage joint development of structured parking, pedestrian and landscape improvements, and promotion of activities and events in the Town Center This is a joint development, which benefits both the developer and the Town to help synergize Town Center. Policy B3.2 Promote effective transit and access with Beaver Creek and Arrowhead. Resorts, including gondola connections, trails, and pedestrian connections The revised property lines and pedestrian connections will promote transdt and access to include potential opportunities for accessing the Confluencre site and gondola. Policy E 1.6 All new development and redevelopment should include or otherwise provide for effective transit, pedestrian and bicycle facilities This new development plan includes plans for effective transit, and enhances pedestrian circulation. Polic�E2.1 Joint development of a structured parking facility in Town Center to support private and public uses should be pursued to the extent possible The joint planning for Lot 61 includes structured parking on the Town right-of-way and does not preclude the potential for a shared parking facility. At a minimum, the Town and developer are moving forward in a joint effort to support Town Center development. Goal E3 Promote the development of an enhanced transit system for the Town Town of Avon Community Development (970) 748-4030 Fax (970) 949-57,49 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 December 16, 2003 Planning & Zoning Commission meeting Page 4 of 8 The revised transit plan accommodates more buses and will improve the effectiveness of mass transit in the Town Policy E3.2 Maintain the existing regional and Town -wide bus system, and enhance as necessary to provide services to the community as it grows The new transit hub contained on the Lot 61 development plan accommodates the existing service demands for the ECO bus system as well as the Town -wide system. 2. Conformity and compliance with the overall design theme of the town, the sub -area design recommendations and design guidelines of the Town. The development plan for Lot 61 is limited in scope and defines building setback, density, heights and new property boundaries. The conditions of approval for the PUD include the requirement that a site -specific development plan be submitted in accordance with Section 17.20.110, Avon Municipal Code. In addition, design guidelines must be submitted and approved by the Planning & Zoning Commission for this project to ensure compliance with more restrictive design standards of the Town Center Plan. 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 new property boundaries for Lot 61 include criteria established in the Town Center Plan, such as 10'0" minimum sidewalks, new Benchmark Road alignment, requirements for stepping the building as it increases in height, clearances to accommodate a transit center while maintaining effective pedestrian movement in exchange for increased height, new development standards, and effective orientation on the site. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The new development standards for this mixed -use project combined with the new transit center will enhance the vitality and efficiency of Town Center. 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 known Matural and/or geologic hazards on Lot 61 at this time. A Subdivision Improvement Agreement will be required to ensure there are no unforeseen natural or geologic hazards, specifically at it related to infrastructure improvements such as water, sewer, and/or drainage associated with this development. 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 proposed development plan for Lot 61 is more responsive to improving the aesthetic quality of Town Center. The building design will be further clarified through specific design review guidelines, the site -specific development plan process, and design review by Itbe Planning & Zoning Commission. Town of Avon Community Development (970) 748-4030 Fax (9TO) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 December 16, 2003 Planning & Zoning Commission meeting Page 5 of 8 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. The Town Center Plan and the Town Transportation Plan have been considered and implemented in this development plan and improves the circulation for pedestrians, mass transit, and vehicular circulation. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Specific provisions for allowing the building to encroach onto Town right-of-way and in other areas to step back from pedestrian ways have been carefully considered and implemented with this development plan to optimize and preserve views and overall function. 9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly 1 demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. There is no phasing plan proposed by this PUD. There will be timing requirements suet forth in the development agreement to allow the developer and/or the Town time to exercise their rights for construction. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. IDG3 LLC will be responsible acquisition of additional water rights and their subsequent dedication to the Town if needed to amend the Town's Augmentation Plan. In addition, she developer will be responsible for capital and operating cost of additional transit, police, and fire protection services associated with the impacts from Lot 61. 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 new 50'0" road right-of-way alignment and transit center provisions improve the overall adequacy and carrying capacity of Town Center. 12. Development Standards The Development Standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking are being modified with this proposal and are proposed as follows: a. Uses by -rim ■ Retail stores ■ Specialty shops ■ Restaurants, excluding drive-thru windows ■ Cocktail lounges ■ Personal service shops Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 December 16, 2003 Planning & Zoning Commission meeting Page 6 of 8 ■ Timeshare, interval ownership, and fractional fee ownership above grade with the condition that recreational amenity fees are paid — the terms and conditions of which will be negotiated with the development agreement. Staff recommends a minimum of 125-timeshare, interval ownership, or fractional fees units with a minimum of 900 sq. ft. each to comply with the premise of the financial analysis. ■ A minimum of 17,000 sq.ft of commercial space at grade level ■ Professional offices on grade. Staff does not support professional office at grade level and recommend this be limited to a special review use. Professional offices on the mall level limit the economic vitality of Town Center, invalidate the financial model as contemplated, and should be specifically reviewed by the Planning & Zoning Commission. ■ Hotel on floors above grade ■ Lodges on floors above grade ■ Apartments on floors above grade ■ Condominiums on floors above grade ■ Indoor recreation and/or entertainment facilities ■ Theaters ■ Bed & Breakfast on floors above grade. This use is not appropriate in Town Center and should be deleted. ■ Public transportation facilities including 300 S.F. transit/administrative office at grade, immediately adjacent to transit center ■ Public parking facilities ■ Additional uses determined to be similar to allowed uses in accordance with the intent of the zone district b. Special Review Uses: Conference/convention facilities Above ground public utility installations Residential and accommodation units at grade This use is not appropriate, even as a special review use, and conflicts with the recommendations of the Town Center Implementation Plan. Medical Facilities Financial Institutions c. Development Standards Lot Area 1.07 Acres Projections such as columns, roofs, unenclosed floors and decks may encroach into setbacks and/or right of ways with specific Town of Avon design review approval Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 December 16, 2003 Planning & Zoning Commission meeting Page 7 of 8 Building Height A height, as defined by The Town of Avon Title 17, Chapter 17.08, Section 160, of 108.5'. This height shall be to the top of roof structures over enclosed, habitable space. Elevator penthouses, chimneys, parapets and similar appurtenances shall be allowed to exceed this datum Maximum site coverage: Ninety Percent 90% Density: Commercial: A minimum of 17,000 square feet Residential: One Hundred Seventy Five (175) Dwelling Units or 200 accommodation units with a maximum of 187,500 gross residential square feet. d. Landscape/Hardscape Coverage e. Parking: Commercial: 1. Residential 2. Guest: Maximum coverage shall be 10% 4 spaces/1,000 x .85 (mixed use reductions) 1 space/unit x .85 (mixed use reduction) Per Town Center standards Staff recommends all parking comply with the Avon Municipal Code, which would allow for a mixed -use reduction. Based upon the lack of detail and information on the current development plan, staff does not support any additional parking reduction other than the provisions provided for under the existing parking standards. f. Provisions for stepping back the building as it increases in height Staff Comments & Recommendation Staff recommends tabling of the Lot 61 PUD until technical corrections on the development plan are addressed and issues associated with the development rights are resolved. Some of the outstanding conditions are as follows: The issue of vested rights remains unresolved. In order to create vested rights under the state statutes and Avon Municipal Code, vested rights only occur with the approval of a site -specific development plan. The Lot 61 development plan anust be limited for vesting purposes only with specific provision for ensuring the complete PUD planning process is completed prior to commencement of any development. The Town has historically addressed this issue within the confines of the development plan and development agreement. This must be addressed prior to recommendation of the Lot 61 PUD Council for approval. 2. The new Benchmark Road alignment (50'0" Benchmark Court Right -of Way) must be conveyed by subdivision plat prior to approval of the Lot 61 PUD. 3. Finalizing the minimum amount of timeshare units, the size of the units, and corresponding recreational amenity fees to conform to the financial analysis. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 December 16, 2003 Planning & Zoning Commission meeting Page 8 of 8 4. A requirement that the developer will be responsible for the acquisition of additional water rights and their subsequent dedication to the Town if necessary to amend the Town's Augmentation Plan. 5. A requirement that the developer will be responsible for capital and operating costs of transit, police, and fire protection services associated with the impacts of development on Lot 61. 6. Professional offices at grade invalidate the financial model as currently contemplated and should be removed at this time. 7. All parking comply with the Avon Municipal Code. 8. Failure to develop and obtain approval of said site -specific development plan by January 31, 2012 shall automatically terminate these development standards and conditions. Upon termination, the development rights, standards and conditions set forth in the Lot 61 PUD plan shall expire and revert to the development rights, standards and conditions as set forth in the TC (Town Center) Zone District per Title 17 of the Avon Municipal Code. 9. This PUD is.contingent upon a valid Development Agreement between IDG3 LLC and the Town of Avon being approved. 10. Specific design review guidelines will be required for Lot 61 to address specific design criteria for Town Center. 11. Timing requirements for addressing the election of improvements by either the Town or the developer. Recommended Motion "I hereby recommend tabling of the Lot 61 PUD to allow more time to develop a complete development plan for approval." If you have any questions regarding this project or any planning matter, please call me at 748- 4030, or stop by the Community Development Department. Respectfull ! , uth O. Borne, Director Community Development Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Minutes of Planning and Zoning Commission November 18, 2003 Council Chambers Town of Avon Municipal Building 400 Benchmark Road I. Call to Order The meeting was called to order at 6:05 pm. II. Roll Call All Commissioners were present. III. Additions and Amendments to the Agenda There are no additions or amendments to the Agenda. IV. Conflicts of Interest Commissioner Neville disclosed a conflict with item VI, A, Confluence Overflow Parking, The Confluence PUD, Avon Road, Resolution No. 03-18, Applicant: Beaver Creek Resort Company and item VII, A, Lot 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, 910 Nottingham Road, Resolution No. 03-20, Applicant: Vail Resorts/Mark Donaldson. Commissioner Him disclosed a conflict with item VII, A, Lot 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, 910 Nottingham Road, Resolution No. 03-20, Applicant: Vail Resorts/Mark Donaldson. Commissioner Evans revealed a potential conflict with item VIII, A, Lot 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, 910 Nottingham Road, Resolution No. 03-20, Applicant: Vail Resorts/Mark Donaldson, and by advisement of Town Attorney, John Dunn, no conflict exists as no work is being performed. Commissioner Evans later revealed a conflict with item VI, A, Confluence Overflow Parking, The Confluence PUD, Avon Road, Resolution No. 03-18, Applicant: Beaver Creek Resort Company. V. Consent Agenda Commissioner Karow motioned for the approval of the Meeting Minutes from the October 21, 2003, Planning & Zoning Commission Meeting. Commissioner Smith seconded the motion. The motion passed unanimously with Commissioner Evans abstaining. PUBLIC HEARING VI. Special Review Use Application A. Confluence Overflow Parking FAPlanning & Zoning Commission\Minutes\2003\111803.doc Page 1 of 9 The Confluence PUD Avon Road Resolution No. 03-18 Applicant: Beaver Creek Resort Company Beaver Creek Resort Company is proposing to use the Confluence site for overflow parking for Beaver Creek Resort. The permit would allow for up to 400 vehicles once all other overflow parking options are utilized. Matt Pielsticker presented the Staff Report. Jim Funk approached the podium to answer questions. Muddy conditions were addressed and will be addressed as needed; he feels that this lot is primarily for back up so as to prevent parking on the shoulders of Highway 6 when skier lots are full and that the State Patrol will be monitoring Highway 6. Mr. Funk does not anticipate putting in more lights and believed lights would be off around 8:00 pm. Commissioner Didier asked about the rodeo and its impact on traffic as well as the longevity of this plan. Mr. Funk responded with the traffic's ability to work well and the longevity is unknown. PUBLIC HEARING OPENS Kathleen Walsh approached the podium with concerns of the traffic against the Hurd Lane intersection. Dates of use were specifically addressed. PUBLIC HEARING CLOSED Commissioner Him motioned to approve Confluence Overflow Parking, The Confluence PUD, Avon Road, Resolution No. 03-18, with Commissioner Smith seconding. Motion carries unanimously with Commissioners Evans and Neville abstaining. B. Drive-thru Bank Lot 6, McGrady Acres Subdivision 86 Post Boulevard Resolution No. 03-19 Applicant: Edinburgh Corporation Edinburgh Corporation is proposing a drive-thru facility on Post Boulevard for a bank. A bank drive-thru facility is the subject of this permit application, not the actual bank (which is a use by right in this zone district). Access to the site is from Post Boulevard Matt Pielsticker presented the Staff Report. Staff recommended this issue be tabled for the next meeting. Applicant is in agreement with the tabling. PUBLIC HEARING OPENS FAPlanning & Zoning Commission\Minutes\2003\111803.doc Page 2 of 9 Carol Krueger approached the podium and is a resident of Eaglebend. She is opposed to commercial being on this site. She understands that it is a use by right and is pleased with the use of a bank for this site but is concerned with the impacts of noise and light on the adjacent neighborhood with the drive-thru bays. Kristy Ferrara came to the podium and wanted to voice the minimizing of commercial use on the site. Kathleen Walsh added that the berm has not been added to the cul-de-sac site as promised and wished that landscaping be used to facilitate the issue of lights. Peter Buckley gave history on the site regarding residential/commercial on the site as a concession for the dead end on Eaglebend Drive. Carol Krueger did not want to dispute the comments by Mr. Buckley, however, she wanted to take issue as the end of the street is commercial and only benefited the developer. Kathleen Walsh did dispute Mr. Buckley's comment and commercial was going in and the cul-de-sac was compromised. PUBLIC HEARING CLOSED Commissioner Smith made motion to table Drive-thru Bank, Lot 6, McGrady Acres Subdivision, 86 Post Boulevard, Resolution No. 03-19, until such time as the application is complete. Commissioner Didier seconded the motion and the motion passed with all commissioners in favor for tabling this issue until the Application is complete. VII. Variance Application A. Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision 910 Nottingham Road Resolution No. 03-20 Applicant: Vail Resorts/Mark Donaldson This is a variance request from the Town's off-street parking and off-street loading regulations. Section 17.24.020.1 of Town Code states "off street parking spaces, including the adjacent area used for turning movements necessary to enter or leave the parking spaces... may be located in any yard except the front ten feet of the required front yards." Section 17.24.030.3 of Town Code states "...loading berths shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement." A newly configured loading dock is proposed in a separate design application, with access and turning movements that would encroach the front yard and partly into the existing traffic lane of Nottingham Road. Tambi Katieb presented the Staff Report to the Commission reviewing all staff comments in detail. Staff Recommendations were: "I move to approve Resolution 03-20, denying the Variance for Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision (Mountain Center) from the requirements of Section 17.24.020.1 and Section 17.24.030.3 of the Town Zoning Code (as more specifically described in the application dated November 5, 2003) based on staff recommendations and according to Section 17.36.050 of the Avon Municipal FAPlanning & Zoning Commission\Minutes\2003\111803.doc Page 3 of 9 Code, that the Planning & Zoning Commission cannot make the following written findings before granting a variance: A. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; B. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties of improvements in the vicinity; C. That the variance is warranted for one or more of the following reasons: 1. The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title; 2. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone; 3. The strict or literal interpretation and enforcement of the specified regulation deprive the applicant of privileges enjoyed by the owners of other properties in the same district." Commissioner Trueblood questioned Norm Wood, Town Engineer, regarding traffic analysis and the impact of additional trucks in the location. Mr. Wood believed the capacity on Nottingham Road is approaching maximum capacity without the impact of additional truck traffic in the area. Commissioner Karow asked Mr. Wood regarding the size of the trucks in these studies as well as the frequency of traffic analysis done of the area. Mr. Wood responded that the traffic analysis is done on a biannual basis and does not take into account the inclusion of anticipated large trucks. Commissioner Didier asked Mr. Wood to define level C and level D as discussed in the analysis whereby how long it takes at a traffic intersection to complete the intersection. Commissioner Karow asked about the size of truck that would impact this loading area and Mr. Wood responded that most trucks that provide major deliveries, run 1-70 and make deliveries to City Market, Wal-Mart and Home Depot are the WB- 67. Mr. Wood responded that this location should accommodate this size of vehicle although there are no ordinances mandating the vehicle size at this time. Commissioner Karow asked if accommodating a WB-67 is a specification and Mr. Wood responded that there are no specifications or standards but it is a recommendation of the Engineering Department. Chairman Evans gave clarification of this Variance request. Tambi Katieb elaborated that it is for two different sections of the code; 1) it is for the truck movement in the Town's Right of Way and in the front ten feet, or front yard, of the property, and, 2) it is also for the design that would least interfere with traffic. Mark Donaldson approached the podium to discuss the issue for his client, Vail Resorts. He discussed how the design was based on an analysis of use. The FAPIanning & Zoning Commission\Minutes\2003\111803.doc Page 4 of 9 three models of truck turning maneuvers presented were designed for WB-55, 62 and 67 trucks. He mentioned the truck sizes are not that which would be using the facility and noted that it would be the smaller truck that would serve this site. The Variance issues he addressed was the off street loading and to provide a more appropriate means of access which least interfered with traffic and met Engineering Department standards. One truck per hour on a 24-hour schedule was foreseen with trucks being 54' or under. Approval for the concept of riding westbound on Nottingham Road, turn completely off the driving surface, in a single simple maneuver and head into this driving safe zone were the request. Commissioner Smith questioned the number of trucks coming in bound as well as the number going outbound removing the delivered product. Rick Sackbauer, Vail Resorts Development Company, anticipated 4 smaller sized trucks would be moving product away from the site. He stated that the product was for food service operations on the mountain. Facility is to provide support for Beaver Creek Mountain operations. Mark Donaldson stated that 2 loading docks were desired and three are being requested to maximize service. Trucks would be out of the road for maneuvering. OPEN PUBLIC HEARING Dr. Doug Bryant, Avon Pet Center and Wildridge Resident, approached the podium. He has witnessed improper truck maneuvering with the human element of driving and safety would be a problem at this site. Peter Buckley approached the podium in his capacity as a citizen. As his background as an engineer, he believes that at the end of a dead end road to have a loading area would be a huge issue. He thinks this should be relocated to a more viable site. Rick Sackbauer returned to the podium to address Mr. Buckley's comment of why this is to be located in this location. He directed Mr. Buckley to question the food service division of Beaver Creek Resort for further location and delivery information. PUBLIC HEARING CLOSED Commissioner Didier questioned Glenn Palmer, Alpine Engineering, on the design of the site and it's reasoning. He discussed the limitations of the site and that it is designed with WB 67 in mind so that smaller carriers would have greater maneuverability. It is also designed to minimize the use of the cul-de-sac by the trucks for turning around and this would minimize the impact on Nottingham Road. Having the loading docks in the middle optimizes the use of the warehouses for breakdown of product for redistribution. Simulation of WB 67 trucks forward and backup turning capabilities was used in the design. Commissioner Trueblood believed that the proposed loading area on a current cul-de-sac makes sense and he didn't have the same concerns as those of staff. Commissioner Didier felt it is compatible with its location, landscaping does need F:\Planning & Zoning Commission\Minutes\2003\111803.doc Page 5 of 9 to be addressed and his difficulty with granting a variance was he felt a better way may be available. Commissioner Karow stated that backing into the road would be unregulated, provided for greater safety on the road but was not convinced that the WB 67's would not be backing into the road and affecting public safety. Commissioner Karow does not believe that adjacent owners are afforded the same privileges however he believes it is good for the building but does not fully address public safety. Commissioner Smith voiced concern with traffic safety on the public road and that truck traffic will increase beyond the stated requirements for this Variance and a better solution may be available. Chairman Evans does not believe that the criteria were totally met by this design for a Variance. He would prefer to approve a design along these lines by moving the site more to north with a better solution for safety and lack of encroachment into the roadway. Chairman Evans mentioned the parking ratios and felt the truck unloading may be best resolved by forward motion with backing into a covered loading area and completing the circle by re-entrance into Nottingham. Mark Donaldson re -approached the podium to address the concerns voiced by the commissioners. He could elevate, strip and landscape to accommodate the site. He is concerned that an $11 million dollar building is not used appropriately. Glenn Palmer interjected that the cul-de-sac creates a clockwise turning area. With some modifications to the submitted proposal, there may be a better solution to examine. Staff will avail themselves to the applicant to review alternatives if the applicant so chooses. Variance requirements need to be met and a safety solution is necessary as the impact of traffic increases. Staff suggested that the applicant review alternatives such as separation of the lane, moving the wall back further, and clarification on parking for support of the variance. These issues were the same reviewed by staff and how effective this alternative is and how can it be modified. It may best benefit the applicant as opposed to seeking denial of the Variance as presented. Mark Donaldson requested the tabling this variance with conditions as follows: Staff would avail themselves to the applicant's engineers immediately this week or early next week so as to be ready to the next meeting and work with the time constraints already imposed on the applicant. Commissioner Trueblood motioned to table this Variance Application, Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, 910 Nottingham Road, Resolution No. 03-20, with Commissioner Didier seconding the motion. Staff brought to light that a complete application should be required. Commissioner Trueblood withdrew the motion. Commissioner Didier moved to table this Variance until such time as the applicant and the staff provides a revised complete application. Commissioner Karow seconded the motion and the motion carries unanimously. FAPlanning & Zoning Commission\Minutes\2003\111803.doc Page 6 of 9 VIII. Sketch Design Plan A. Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision 910 Nottingham Road Mountain Center Applicant: Vail Resorts/Mark Donaldson The applicant is proposing this sketch design plan for the existing Mountain Center building, on Nottingham Road just west of the Metcalf Road intersection. The Sketch Design plan is to approve a newly configured loading dock and revised floor plan and elevation. This application is being reviewed in conjunction with the Variance application. Commissioner Smith motions to table Sketch Design Plan, Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, 910 Nottingham Road, Mountain Center, until such time as it is fully resubmitted. Commissioner Didier seconded the motion and it passes unanimously. IX. Master Sign Program A. Lot A, Avon Center at Beaver Creek Subdivision 100 Beaver Creek Boulevard Applicant: VAG Architects VAG Architects is proposing a Master Sign Program (MSP) for the Avon Center building. This application proposes all new signs for the property, making the existing signage obsolete. Matt Pielsticker presented the Staff Report. Stephanie Lord -Johnson from VAG approached the podium to address staff's concerns. There are five client identification signs and these would be the maximum to be used. Consistency is a factor to follow through with color, type and shape. Some signs would be in cursive. Submission for approval to staff will be necessary as well as clarification on each sign to include illumination standards and bulb types. Commissioner Him moved to approve with the 5 conditions listed in the Staff Report along with modifications/clarifications on each sign for staff approval. Commissioner Smith seconded the motion. All commissioners were in favor. X. Sign Design Approvals A. Lot 1, Block 2, Benchmark at Beaver Creek Subdivision 30 Benchmark Road (Unit #102) "Central Rockies Mortgage" Applicant: Paul W. Jardis Sign application for 2 un-lit building mounted signs at the Avon Town Square building. Both signs comply with the current Master Sign Program (MSP) for the building. B. Lot 21, Block 2, Benchmark at Beaver Creek Subdivision 182 Avon Road (Unit #200 & 210) FAPlanning & Zoning Commission\Minutes\2003\111803.doc Page 7 of 9 "Prestige Cleaners" Applicant: Patricia Prewitt Staff approval for a sign application for a new tenant, Prestige Cleaners, in the former Earth Wireless suite. Two signs were approved and both comply with the MSP for the Christy Sports Building. C. Lot 63, Block 2, Benchmark at Beaver Creek Subdivision 137 Benchmark Road "Mountain Burger" Applicant: Brian Nolan Sign application for a north facing "Mountain Burger" sign on the Seasons building. This building has a MSP, and the sign is in conformance. XI. Minor Project Approvals A. Lot 41 B, Block 3, Wildridge Subdivision 4350 Flat Point Deck addition, additional space, & new entryway Applicant: RYS Olsen Staff has approved this Minor Project on Flat Point for a deck addition, and a small building addition. A new front entryway was also included. Materials and colors match the existing home. B. Lot 12, Filing 2, Eaglebend Subdivision 4995 Eaglebend Drive New window Applicant/Owner: Kristina Bruce Minor Project for a new window on an Eaglebend Drive single-family home. Window and trim matches existing home. C. Lot 8, Wildridge Acres Subdivision 2823 Ked Spur Shed addition Applicant/Owner: Mark A. Nelson Minor Project approval for a shed addition on Ked Spur. The attached accessory structure will match the building materials and colors of the home. XII. Other Business A. Lots 1 &2, Nottingham Station PUD 0025 Hurd Lane Minor Project — Doors and handrail repaint Applicant: O'Halloran Construction This Minor Project application proposes to repaint all sets of doors and both handrails on the Nottingham Station building with the "California Rustic" color. The Commission is being requested to make a motion on this application. The color sample was available for review at the site tour and work session. FAPlanning & Zoning CommissionWinutes\2003\1 11803.doc Page 8 of 9 No motion was made. Commissioners requested that the applicant be approached with refinishing the oak doors as opposed to painting them. Tambi Katieb gave an update on the Comprehensive Plan. Good response from public input. Moving forward. Pre -application meeting is on December 1st RFP's are due on the 19t" of December. Mid January is focused for decision. X. Adjourn Commissioner Trueblood made the motion to adjourn. Commissioner Smith seconded and the motion was unanimously approved. The meeting adjourned at 8:35 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Chris Evans Chairman Terry Smith Secretary FAPlanning & Zoning CommissionWinutes\2003\111803.doc FAPlanning & Zoning CommissionWinutes\2003\111803.doc Page 9 of 9 Memo To: Planning & Zoning Commission From: Matt Pielsticker, Planning Technici Date December 12, 2004 Re: Special Review Use (SRU) for a drive-thru Lot 6, McGrady Acres Subdivision HEART of the VALLEY C 0 L 0 R A D 0 The Edinburgh Corporation has submitted a SRU application for the operation of a drive-thru facility incorporated into a bank. The Property is currently zoned as Neighborhood Commercial (NC). The development standards for parcels in the NC zoning district allow for a bank. However, a Special Review Use (SRU) permit is required to operate this use with a three -bay drive-thru. All drive through facilities require a SRU permit. Staff Recommendations: There are several planning and circulation issues that we are working through and therefore recommend the Commission table this application until the next regularly scheduled meeting on December 2, 2003. Memo to Planning & Zoning — November 18, 2003 Page 1 of 1 F:\Planning & Zoning Commission\Memos\2003\McGrady Acres SRU table.doc I UVbll UI HVUfI Minor .'ro•ect Staff Report December 16, 2003 Planning & Zoning Commission meeting Report Date Project Type Legal Description Zoning Address Introduction December 9, 2003 Minor Project - Fence Application Lot 28, Block 3, Wildridge Subdivision Duplex — PUD 4491 Wildridge Road West The applicant, Marjorie Marks, is requesting the approval of a four to six foot green mesh fence along the side and rear of her property. The fence is proposed four to six feet to protect deer . from eating flowers, bushes, flowers, etc. Attached you will find a site plan and a picture of the fence. The fence was installed by the applicant and staff requested that a minor project application be submitted and approved by the Commission. A split rail fence was previously approved on the same property by the Commission in 2001 to help delineate the driveway from the road. Design Review Considerations According to the Commission's Procedures, Rules & Regulations, Section 4.10, the Commission shall consider the following items in reviewing the design of this project: 1. The conformance with setbacks, massing, access, land use and other provisions of the Zoning Code. • Allowed use: The fence will not alter the residential use permitted on this lot. • Lot Coverage: The fence does not impact the lot coverage. • Setbacks: The fence begins close to the northeast property corner, which encroaches into the front snow storage and drainage easement. • Building Height: The applicant's request is not consistent with the Division of Wildlife (DOW) recommendations that fences should not exceed 48" in height. The fence exceeds the DOW recommendations with the extensions placed on the top of the fence. • Landscaping: The fence is visible from the road and neighboring properties. 2. The type and quality of materials of which the structure is to be constructed. According to the Residential Design Guidelines Section C, fencing is discouraged "and will only be permitted where it complements the character of the property ... and compliments the landscaping rather than contain the property." The guidelines also state that "fence materials shall be compatible with the site and the materials of the structures on the site," and "should Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 iv, G.vvi 1 iawnn6 m L.Ulllllg 1.u11111U6a1V11 1V1GGL1116 ray,G L V1 L the fencing comply witll requirements of this section, the fenc�`a area must be less than of the perimeter of the property and no more than 4 feet in height It is staff s opinion the proposed fence delineates the property boundaries, and the fence materials are not compatible with the site. Also, the fence area proposed is more than half the perimeter of the property and the fence height is greater than 4 feet. 3. The appearance of proposed improvements as viewed from adjacent and neighboring properties and public ways, with respect to architectural style, massing, height, orientation to street, quality of materials, and colors. The proposed fence may have a negative impact as viewed from adjacent properties. Although difficult to see from the road, the fence does impact neighboring properties. 4. The objective that no improvement be so similar or dissimilar to others in the vicinity that monetary or aesthetic values will be impaired. The fenced perimeter does not appear to be consistent with other fences in the area. As proposed, the fence may impair monetary or aesthetic values. According to the Design Guidelines, "where noted by the DOW, accepted wildlife corridors shall be accommodated to a reasonable degree on all properties when considering the layout of site disturbances." This fence appears to conflict with this wildlife consideration as stated in Section C of the Residential Design Guidelines. 5. The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon. This fence does not appear to conform to the adopted Goals, Policies and Programs of the Town because of its conflict with existing Residential Design Guidelines as stated in this report. Staff Recommendation Staff recommends denial of this fence application for Lot 28, Block 3, Wildridge Subdivision. If you have any questions regarding this project or any planning matter, please do not hesitate to call me at 748.4413 or stop by the Community Development Department. Respectfully submitted, Matt Pielsticker Town of Avon Community Development {970) 748-4030 Fax (970) 949-5749 C Memo To: Planning & Zoning Commission AVON C 0 L 0 R A D 0 From: Matt Pielsticker, Planning Technician Date December 11, 2003 Re: Lot 40, Block 3, Wildridge Subdivision — Minor Project for new Lights The owner and builder of this single-family home, Michael Farr, is requesting the approval of floodlights to be added to his design approval. The purpose of the additional lights is for accent lighting. Seventeen floodlights are being proposed with this application. This type of light fixture is not supported in the Design Review Guidelines. The following paragraph expresses the design philosophy of the residential lighting regulations from the Residential Design Guidelines: "Access to a clear and visible night sky is a strong value to our community. Light pollution is a threat to our clear skies that are part of the heritage of the Rocky Mountain West. Night lighting on a site should generally b,-:� regulated to minimize the undesirable effects that `over -lighting' a site or residence can have on a community, neighbors, and guests. At the same time, lighting is desirable for safety and aesthetic purposes." According to the Town of Avon Residential, Commercial, and Indus rial Desic'n Review Guidelines Section B (Residential), the Commission s, hall consider t!-e following requirements when reviewing residential lights: 1. Lighting should be considered as a design feature as well a-,-, providing illumination for aesthetic and safety purposes only. There shall be no exposed light source on a property, and all fixtures must utilize froste(.I* or seeded glass. In any case, light fixtures shall not cause glare beyond the property. 2. Floodlights are not permitted. Light spillover to adjacent properties must be minimized. No exposed bulbs are permitted. 3. Lights that flash, move, revolve, rotate, flicker, blink, or vary in both intensity and color to emit intermittent pulsation shall be expressly prohibited as fixed light sources. This does not include holiday/seasonal lighting, which is temporary in nature for the holiday/season. These lights should be considered for their aesthetic purposes only. Upon inspection with four of the lights already installed, at least two of the light bulbs are exposed. Additionally, the proposed lights do not utilize frosted or seeded glass in construction. It was determined that little if any glare is produced beyond the property. Memo to Planning & Zoning — December 16, 2003 Page 1 of 2 The submitted lights are considered "floodlights." Light spillover to adjacent properties is minimized due to the location and direction of these lights. However, some of the bulbs may be visible and are exposed to the street and neighbors. The intensity of the lights may be controlled by a dimmer switch. A photo of the lights turned on at night is attached, and a color copy will be available for review at site tour. Staff Recommendations: Staff recommends denial of this Minor Project application for additional floodlights and the removal of the already installed lights on Lot 28, Block 3, Wildridge Subdivision because of their conflict with the existing Residential Design Guidelines as stated above. Memo to Planning & Zoning — December 16, 2003 Page 2 of 2 Proposed Workplan New Lighting Regulations December 9, 2003 Action Key Dates Workplan to P&Z Distribute sample lighting ordinances December 16, 2003 Work Session #1 at P&Z - (Public Hearing) Identify concept and explore options January 6, 2004 Work Session #2 at P&Z - (Public Hearing) Workshop to draft ordinance January 20, 2004 Work Session #3 at P&Z — (Public Hearing) Proposal by Staff February 3, 2004 Work Session #3 at P&Z — (Public Hearing) Revised Proposal February 17, 2004 Resolution to P&Z for approval March 2, 2004 First Reading at Council March 9, 2004 Second Reading - (Public Hearing) Adoption by Council March 23, 2004 b RT u(the VALLEY C O L O R A D 0 Planning & Zoning Commission 2004 Meeting Schedule Meetings are scheduled every 1" and 3rd Tuesday of the month. January 6 January 20 February 3 February 17 March 2 March 16 April 6 April 20 Ma�4���� May 18 June 1 June 15 July 6 July 20 August 3 A,ugust 17 September 7 September 21 October 5 October 19 F_ November 2 November 16 December 7 December 21 • The following items must go before the Planning and Zoning Commission for review: Annexations, Sketch Plan Review, Final Design Review, Planned Unit Developments (PTJD), Special Review Uses, Variances, Sign Permits, and Zone changes. • The Town will accept only complete applications. Once applications are deemed suffici'-nt, they will be scheduled for the next available meeting. • Pre -application meetings are required prior to submittal of every design review application and strongly encouraged for all other submittals. Community Development Department PO Box 975 Avon, CO 81620 970.748.4030 Fax 970.949.5749 Town of Avon Planning & Zoning Commission Site Tour December 16th1 2003 12:00 PM Town of Avon Municipal Building 400 Benchmark Road I. AGENDA A. Lot 6, McGrady Acres 86 Post Boulevard B. Lot 28, Block 3, Wildridge Subdivision 4491 Wildridge Road West C. Lot 40, Block 3, Wildridge Subdivision 4540 Flat Point Please meet at the Community Development Department Conference Room. Posted on December 12 n, 2003 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • City Market, main lobby Town of Avon Planning & Zoning Commission Work Session December 16th5 2003 5:30 PM Council Chambers Town of Avon Municipal Building 400 Benchmark Road I. AGENDA A. Discussion of regular meeting agenda items. Estimated Times for each agenda item are shown for informational purposes only, and subject to change without notice. Posted on December 12`", 2003 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • City Market, main lobbv Town of Avon Planning & Zoning Commission Regular Meeting December 16th, 2003 6:00 PM Council Chambers Town of Avon Municipal Building 400 Benchmark Road AGENDA I. Call to Order (6:00pm) II. Roll Call 111. Additions and Amendments to the Agenda IV. Conflicts of Interest V. Consent Agenda Approval of the November 181h 2003 Planning & Zoning Commission Meeting Minutes [Tab 1 ] PUBLIC HEARING (6:05pm — 6:15pm) VI. Special Review Use Applications A. Drive-thru Bank Lot 6, McGrady Acres Subdivision 86 Post Boulevard Resolution No. 03-19 Applicant: Edinburgh Corporation [Tab 2] Posted on December 12t , 2003 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • City Market, main lobby Edinburgh Corporation is proposing a drive-thru facility on Post Boulevard for a bank. A bank drive-thru facility is the subject of this review and permit application, not the actual bank (which is a use by right in this zone district). Access to the site is from Post Boulevard. Staff has requested that the Application be tabled to a subsequent meeting. B. Planned Unit Development Amendment Lot 61, Block 2. Benchmark at Beaver Creek Subdivision 0075 Benchmark Road Project Type: PUD Request Applicant: Michael Hazard [Tab 3] This is a PUD Amendment to the existing lot 61 PUD to establish new development rights that conform to the recommendations of the Town Center Plan and locate an expanded Town Transit Center on this site. Staff has requested that the Application be tabled to a subsequent meeting. PUBLIC HEARING CLOSED VII. Minor Projects (6:15pm — 7:00pm) A. Lot 40, Block 3, Wildridge Subdivision 4540 Flat Point Accent Lighting Applicant/Owner: Mike Farr [Tab 4] Staff has received this Minor Project application for the addition of accent lights on a newly constructed Flat Point single-family residence. The proposed lighting was not part of the original design approval. The application proposes 17 "accent" lights in total, with lights on every elevation of the home. B. Lot 28, Block 3, Wildridge Subdivision 4491 Wildridge Road West Fencing Applicant/Owner: Marjorie J. Marks [Tab 5] The applicant is proposing a four to six foot high green mesh fence to keep deer off her property. The fence has already been installed, and staff has asked that she fill out this application since all fences require specific approval by the Planning and Zoning Commission. The fence does not appear to comply with the Town guidelines. Posted on December 12', 2003 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • City Market, main lobbv Vill. Sign Applications (7:00pm — 7:15pm) A. Tract B-1, Block 2, Benchmark at Beaver Creek Subdivision 220 Beaver Creek Place Gart Sports Balloons and pennant line Applicant: Mark Johns, Sports Authority — Approved B. Lot 72, Block 2, Benchmark at Beaver Creek Subdivision 110 E. Beaver Creek Boulevard Beaver Liquors Temporary Banner Applicant: David Courtney — Approved C. Tract B-2, Block 2, Benchmark at Beaver Creek Subdivision Building D, 230 Chapel Place The Board Room sandwich board sign Applicant: Matt Bryan — Denied XI. Other Business (7:15pm — 7:45pm) A. Approval of the 2004 Planning & Zoning Commission Meeting Schedule [Tab 6] B. Proposed Lighting Ordinance Timeline [Tab 7] Staff has set this timeline for a potential new lighting ordinance to be adopted by Town Council. This ordinance will be drafted with the assistance of the Commission, staff, residents of Avon, and there will be numerous chances for public input during Public Hearings. X. Adjourn (7:45pm) Posted on December 12"', 2003 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • City Market, main lobbv Memo To: Planning & Zoning Commission From: Matt Pielsticker, Planning Technician Date December 12, 2004 Re: Special Review Use (SRU) for a drive-thru Lot 6, McGrady Acres Subdivision VON C 0 L 0 R A D 0 The Edinburgh Corporation has submitted a SRU application for the operation of a drive-thru facility incorporated into a bank. The Property is currently zoned as Neighborhood Commercial (NC). The development standards for parcels in the NC zoning district allow for a bank. However, a Special Review Use (SRU) permit is required to operate this use with a three -bay drive-thru. All drive through facilities require a SRU permit. Staff Recommendations: There are several planning and circulation issues that we are working through and therefore recommend the Commission table this application until the next regularly scheduled meeting on December 2, 2003. Memo to Planning & Zoning — November 18, 2003 Page 1 of 1 F:\Planning & Zoning Commission\Memos\2003\McGrady Acres SRU table.doc Memo �- -V To: Planning & Zoning Commission AVON C 0 L 0 R A D O From: Matt Pielsticker, Planning Technician Date December 11, 2003 Re: Lot 40, Block 3, Wildridge Subdivision — Minor Project for new Lights The owner and builder of this single-family home, Michael Farr, is requesting the approval of floodlights to be added to his design approval. The purpose of the additional lights is for accent lighting. Seventeen floodlights are being proposed with this application. This type of light fixture is not supported in the Design Review Guidelines. The following paragraph expresses the design phi;osophy of the residential lighting regulations from the Residential Design Guirleline<;: "Access to a clear and visible night sky is a strong value to our c> -mmunity. Light pollution is a threat to our clear skies that are part of the hel itage of the Rocky Mountain West. Night lighting on a site should cener,-,Ily be regulated to minimize the undesirable effects that `over-ligl sting' a site or residence can have on a community, neighbors, and guesds. A! he same time, lighting is desirable for safety and aesthetics purposes." According to the Town of Avon Residential, Commercial, and hrdustrial Design Review Guidelines Section B (Residential), the Commission shall consider the following requirements when reviewing residential lights: 1. Lighting should be considered as a design feature as well as providing illumination for aesthetic and safety purposes only. There shall be no exposed light source on a property, and all fixtures mus-i; utilize frosted or seeded glass. In any case, light fixtures shall not cause glare beyond the property. 2. Floodlights are not permitted. Light spillover to ad;acent properties must be minimized. No exposed bulbs are permitted. 3. Lights that flash, move, revolve, rotate, flicker, blir:k, or vary in both intensity and color to emit intermittent pulsation shall be expressly prohibited as fixed light sources. This does not include holiday/seasonal lighting, which is temporary in nature for the holiday/season. These lights should be considered for their aesthetic purposes only_ Upon inspection with four of the lights already installed, at least two of the light bulbs are exposed. Additionally, the proposed lights do not utilize frosted or seeded glass in construction. It was determined that little if any glare is produced beyond the property. Memo to Planning & Zoning — December 16, 2003 Pagel of 2 The submitted lights are considered "floodlights." Light spillover to adjacent properties is minimized due to the location and direction of these lights. However, some of the bulbs may be visible and are exposed to the street and neighbors. The intensity of the lights may be controlled by a dimmer switch. A photo of the lights turned on at night is attached, and a color copy will be available for review at site tour. Staff Recommendations: Staff recommends denial of this Minor Project application for additional floodlights and the removal of the already installed lights on Lot 28, Block 3, Wildridge Subdivision because of their conflict with the existing Residential Design Guidelines as stated above. Memo to Planning & Zoning — December 16, 2003 Page 2 of 2 C � C Minor Project Staff Report December 16, 2003 Planning & Zoning Commission meeting Report Date December 9, 2003 Project Type Minor Project - Fence Application Legal Description Lot 281 Block 3, Wildridge Subdivision Zoning Duplex — PUD Address 4491 Wildridge Road West Introduction The applicant, Marjorie Marks, is requesting the approval of a four to six foot green mesh fence along the side and rear of her property. The fence is proposed four to six feet to protect deer from eating flowers, bushes, flowers, etc. Attached you will find a site plan and a picture of the fence. The fence was installed by the applicant and staff requested that a minor project application b:; submitted and approved by the Commission. A split rail fence was previously approved on the same property by the Commission in 2001 to help delineate the driveway from the road. Design Review Considerations According to the Commission's Procedures, Rules & Regulations, Section 4.10, the Coin mission shall consider the following items in reviewing the design of this project: 1. The conformance with setbacks, massing, access, land use and other provisions of the Zoning Code. • Allowed use: The fence will not alter the residential use permitted on this lot. • Lot Coverage: The fence does not impact the lot coverage. • Setbacks: The fence begins close to the northeast property corner, which encroaches into the front snow storage and drainage easement. • Building Height: The applicant's request is not consistent with the Division of Wildlife (DOW) recommendations that fences should not exceed 48" in height. The fence exceeds the DOW recommendations with the extensions placed on the top of the fence. • Landscaping: The fence is visible from the road and neighboring properties. 2. The type and quality of materials of which the structure is to be constructed. According to the Residential Design Guidelines Section C, fencing is discouraged "and will only be permitted where it complements the character of the property ... and compliments the landscaping rather than contain the property." The guidelines also state that "fence malerials shall be compatible with the site and the materials of the structures on the site," and "shhould Town of Avon Community Development (970) 748-4030 Fax (970) 1949-5749 av, c.vv-) i aaamimar, M L.v1alaar, I.valmM"LUaa avtcclmar, - - ragc L Vt L the fencing comply wi ie requirements of this section, the fei I area must be less than11/4 of the perimeter of the property and no more than 4 feet in height." It is staff s opinion the proposed fence delineates the property boundaries, and the fence materials are not compatible with the site. Also, the fence area proposed is more than half the perimeter of the property and the fence height is greater than 4 feet. 3. The appearance of proposed improvements as viewed from adjacent and neighboring properties and public ways, with respect to architectural style, massing, height, orientation to street, quality of materials, and colors. The proposed fence may have a negative impact as viewed from adjacent properties. Although difficult to see from the road, the fence does impact neighboring properties. 4. The objective that no improvement be so similar or dissimilar to others in the vicinity that monetary or aesthetic values will be impaired. The fenced perimeter does not appear to be consistent with other fences in the area. As proposed, the fence may impair monetary or aesthetic values. According to the Design Guidelines, "where noted by the DOW, accepted wildlife corridors shall be accommodated to a reasonable degree on all properties when considering the layout of site disturbances." This fence appears to conflict with this wildlife consideration as stated in Section C of the Residential Design Guidelines. 5. The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon. This fence does not appear to conform to the adopted Goals, Policies and Programs of the Town because of its conflict with existing Residential Design Guidelines as stated in this report. Staff Recommendation Staff recommends denial of this fence application for Lot: 28, Block 3, Wildridge Subdivision If you have any questions regarding this project or any planning matter, please do not hesitate to call me at 748.4413 or stop by the Community Developrient Department. Respectfully submitted, Matt Pielsticker Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 I HEART of die VALLEY Staff Report C 0 L 0 R A D 0 December 16, 2003 Planning & Zoning Commission meeting Report date December 10, 2003 Project type Lot 61 PUD Legal description Lot 61, Block 2, Benchmark at Beaver Creek Subdivision Current zoning Planned Unit Development Address 75 Benchmark Road Introduction The purpose of the Lot 61 PUD 2004 (herein referred to as "Lot 61 PUD") is to formalize the new building area, including development standards for Lot 61 and the corresponding road alignments and transit center. The PUD for Lot 61 has been extended twice to allow time to evaluate development opportunities for implementation of the Town Center Plan between the Town and the developer. The current Lot 61 PUD is valid until February 3, 2004. The most significant elements contained in the new development plan benefiting the Town are as follows: • 50'0" right-of-way dedication for the new Benchmark Road alignment to the Town of Avon. • Transit center to accommodate five (5) buses at a time with a 300 sq.ft. administrative/visitor center. • Enhanced pedestrian and vehicular circulation. • Implementation of significant master plan concepts of the Town Center Plan. In exchange, Lot 61 is receiving the following: • Timeshare as a use -by -right. • Increased building height, setbacks, site coverage, and density. The history of the zoning approval for Lot 61, Block 2, BMBC submitted by the developer, IDG3 LLC is as follows: 1978 Lot 61 zoned Town Center. 1991 Town Center zoning modified. 1999 Lot 61 applied for PUD zoning as set forth in Ordinance 99-16 (July 27, 1999) which had a 3-year approval. 2002 Town Center Implementation Plan was adopted on January 8, 2001 (Resolution 02-01). Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 December 16, 2003 Planning & Zoning Commission meeting Page 2 of 8 2002 PUD extension for a 6-month time period was granted to explore planning and development of the Town Center Plan on July 23, 2002 (Ordinance 02-17). 2003 In January, a PUD extension for one year was granted to allow the developer time to pursue implementation of the Town Center Plan on January 28, 2003 (Ordinance 03-01). 2003 In July, Council authorized funds be allocated to begin initial studies for the new property boundaries and road alignment. Over the past few months, staff has met with the developer and its representatives, including the Community Development Committee to arrive at a development plan that includes the implementation of the Town Center Plan in accordance with the existing PUD approval. The development plan includes a new transit center that accommodates up to five (5) buses, preserving pedestrian connections with the Confluence, and a new 50'0" right of way for Benchmark Road. On December 9, 2003 Town Council reviewed the initial fiscal analysis of the Lot 61 development agreement prepared by Stan Bernstein, the Town's financial consultant. Of utmost importance was the implication of timeshare as a use -by -right, including the imposition of a recreational amenity fee to offset the impact of timeshare units. Council endorsed moving forward with the process, including the refinement of the financial model to reflect the contemplated land entitlements. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as the principal criteria in.evaluating a PUD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following design criteria, or demonstrate that one or more of them is not applicable, or that a particular development solution is consistent with the public interest. 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. The proposed PUD now complies with the Town Center Plan and conforms to the following goals and polices of the Town Comprehensive Plan: Policy A1.3 Flexible zoning such as PUD should be encouraged where it results in more effective use of land The planning process with staff and the developer for Lot 61 is a new process for the Town and incorporates flexible zoning to benefit both public and private sectors. Policy A�3.5_ Since undeveloped land in the Town Center is scarce, it will be developed at higher density, included vertically integrated mix of commercial and residential uses, and rely primarily on underground and/or structured parking The underground parking structure for this project extends under the Town right of way to allow for more parking and does not preclude the opportunity for a private/public partnership for parking improvements and includes a higher density mixed —use development. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 December 16, 2003 Planning & Zoning Commission meeting Page 3 of 8 Goal B 1 Enhance the Town's role as a principal, year-round residential community and regional commercial center This development plan will help vitalize Town Center with a more efficient transit hub to encourage year-round use of mass transit and pedestrian circulation for its citizens, which is further reinforced by the following policy B1.2. Policy Bl .2 Commercial areas will be supported 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 Goal B2 Establish the Town Center Area as an inviting, vibrant and safe -pedestrian oriented cultural, retail and entertainment hub The purpose of the Town Center Plan is to further enhance a vibrant hub in Town Center, which has been implemented in the Lot 61 development plan. Policy B2.2 Encourage a range of uses in the Town Center, including retail, offices, hotels, recreation, tourism, and entertainment The Lot 61 development plan will include a range of uses and special review uses. Policy B2.4 Encourage joint development of structured parking, pedestrian and landscape improvements, and promotion of activities and events in the Town Center This is a joint development, which benefits both the developer acid the Town to help synergize Town Center. Policy B3.2 Promote effective transit and access with Beaver Creek and Arrowhead Resorts, including gondola connections, trails, and pedestrian connections The revised property lines and pedestrian connections will promote transit and access to include potential opportunities for accessing the Confluence site and gondola. Policy E1.6 All new development and redevelopment should include or otherwise provide for effective transit, pedestrian and bicycle facilities This new development plan includes plans for effective transit, and enhances pedestrian circulation. Policy E2.1 Joint development of a structured parking facility in Town Center to support private and public uses should be pursued to the extent possible The joint planning for Lot 61 includes structured parking on the Town right-of-way and does not preclude the potential for a shared parking facility. At a minimum, the Town and developer are moving forward in a joint effort to support Town Center development. Goal E3 Promote the development of an enhanced transit system for the Town Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 December 16, 2003 Planning & Zoning Commission meeting 4 of 8 The revised transit plan accommodates more buses and will improve the effectiveness of mass transit in the Town Policy E3.2 Maintain the existing regional and Town -wide bus system, and enhance as necessary to provide services to the community as it grows The new transit hub contained on the Lot 61 development plan accommodates the existing service demands for the ECO bus system as well as the Town -wide system. 2. Conformity and compliance with the overall design theme of the town, the sub -area design recommendations and design guidelines of the Town. The development plan for Lot 61 is limited in scope and defines building setback, density, heights and new property boundaries. The conditions of approval for the PUD include the requirement that a site -specific development plan be submitted in accordance with Section 17.20.110, Avon Municipal Code. In addition, design guidelines must be submitted and approved by the Planning & Zoning Commission for this project to ensure compliance with more restrictive design standards of the Town Center Plan. 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and 6rientation. The new property boundaries for Lot 61 include criteria established in the Town Center PI such as 10'0" minimum sidewalks, new Benchmark Road alignment, requirements for stepping the building as it increases in height, clearances to accommodate a transit center while maintaining effective pedestrian movement in exchange for increased height, new development standards, and effective orientation on the site. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The new development standards for this mixed -use project combined with the new transit center will enhance the vitality and efficiency of Town Center. 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 known natural and/or geologic hazards on Lot 61 at this time. A Subdivision Improvement Agreement will be required to ensure there are no unforeseen natural or geologic hazards, specifically at it related to infrastructure improvements such as water, sewer, and/or drainage associated with this development. 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 proposed development plan for Lot 61 is more responsive to improving the aesthetic quality of Town Center. The building design will be further clarified through specific design review guidelines, the site -specific development plan process, and design review by the Planning & Zoning Commission. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 December 16, 2003 Planning & Zoning Commission meeting Page 5 of 8 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. The Town Center Plan and the Town Transportation Plan have been considered and implemented in this development plan and improves the circulation for pedestrians, mass transit, and vehicular circulation. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Specific provisions for allowing the building to encroach onto Town right-of-way and in other areas to step back from pedestrian ways have been carefully considered and implemented with this development plan to optimize and preserve views and overall function. 9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. There is no phasing plan proposed by this PUD. There will be timing requirements set forth in the development agreement to allow the developer and/or the Town time to exercise their rights for construction. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. IDG3 LLC will be responsible acquisition of additional water rights and their subsequent dedication to the Town if needed to amend the Town's Augmentation Plan. In addition, the developer will be responsible for capital and operating cost of additional transit, police, and fire protection services associated with the impacts from Lot 61. 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 new 50'0" road right-of-way alignment and transit center provisions improve the overall adequacy and carrying capacity of Town Center. 12. Development Standards The Development Standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking are being modified with this proposal and are proposed as follows: a. Uses by -rim ■ Retail stores ■ Specialty shops ■ Restaurants, excluding drive-thru windows ■ Cocktail lounges ■ Personal service shops Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 December 16, 2003 Planning & Zoning Commission meeting Page 6 of 8 Timeshare, interval ownership, and fractional fee ownership above grade with the condition that recreational amenity fees are paid — the terms and conditions of which will be negotiated with the development agreement. Staff recommends a minimum of 125-timeshare, interval ownership, or fractional fees units with a minimum of 900 sq. ft. each to comply with the premise of the financial analysis. ■ A minimum of 17,000 sq.ft of commercial space at grade level ■ Professional offices on grade. Staff does not support professional office at grade level and recommend this be limited to a special review use. Professional offices on the mall level limit the economic vitality of Town Center, invalidate the financial model as contemplated, and should be specifically reviewed by the Planning & Zoning Commission. ■ Hotel on floors above grade ■ Lodges on floors above grade ■ Apartments on floors above grade ■ Condominiums on floors above grade ■. Indoor recreation and/or entertainment facilities ■ Theaters ■ Bed & Breakfast on floors above grade. This use is not appropriate in Town Center and should be deleted. ■ Public transportation facilities including 300 S.F. transit/administrative office at grade, immediately adjacent to transit center ■ Public parking facilities ■ Additional uses determined to be similar to allowed uses in accordance with the intent of the zone district b. Special Review Uses: Conference/convention facilities Above ground public utility installations Residential and accommodation units at grade This use is not appropriate, even as a special review use, and conflicts with the recommendations of the Town Center Implementation Plan. Medical Facilities Financial Institutions c. Development Standards Lot Area 1.07 Acres Projections such as columns, roofs, unenclosed floors and decks may encroach into setbacks and/or right of ways with specific Town of Avon design review approval Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 l December 16, 2003 Planning & Zoning Commission meeting Page 7 of 8 Building Height A height, as defined by The Town of Avon Title 17, Chapter 17.08, Section 160, of 108.5'. This height shall be to the top of roof structures over enclosed, habitable space. Elevator penthouses, chimneys, parapets and similar appurtenances shall be allowed to exceed this datum Maximum site coverage: Ninety Percent 90% Density: Commercial: A minimum of 17,000 square feet Residential: One Hundred Seventy Five (175) Dwelling Units or 200 accommodation units with a maximum of 1-87,500 gross residential square feet. d. Landscape/Hardscape Coverage e. Parking: Maximum coverage shall be 10% Commercial: 4 spaces/1,000 x .85 (mixed use reduction) 1. Residential: 1 space/unit x .85 (mixed use reduction) 2. Guest: Per Town Center standards Staff recommends all parking. comply with the Avon Municipal Code, which would allow for a mixed -use reduction. Based upon the lack of detail and information on the current development plan, staff does not support any additional parking reduction other than the provisions provided for under the existing parking standards. f. Provisions for stepping back the building as it increases in height Staff Comments & Recommendation Staff recommends tabling of the Lot 61 PUD until technical corrections on the development plan are addressed and issues associated with the development rights are resolved. Some of the outstanding conditions are as follows: The issue of vested rights remains unresolved. In order to create vested rights under the state statutes and Avon Municipal Code, vested rights only occur with the approval of a site -specific development plan. The Lot 61 development plan must be limited for vesting purposes only with specific provision for ensuring the complete PUD planning process is completed prior to commencement of any development. The Town has historically addressed this issue within the confines of the development plan and development agreement. This must be addressed prior to recommendation of the Lot 61 PUD Council for approval. 2. The new Benchmark Road alignment (50'0" Benchmark Court Right -of Way) must be conveyed by subdivision plat prior to approval of the Lot 61 PUD. 3. Finalizing the minimum amount of timeshare units, the size of the units, and corresponding recreational amenity fees to conform to the financial analysis. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 December 16, 2003 Planning & Zoning Commission meeting Page 8 of 8 4. A requirement that the developer will be responsible for the acquisition of additional water rights and their subsequent dedication to the Town if necessary to amend the Town's Augmentation Plan. 5. A requirement that the developer will be responsible for capital and operating costs of transit, police, and fire protection services associated with the impacts of development on Lot 61. 6. Professional offices at grade invalidate the financial model as currently contemplated and" should be removed at this time. 7. All parking comply with the Avon Municipal Code. 8. Failure to develop and obtain approval of said site -specific development plan by January 31, 2012 shall automatically terminate these development standards and conditions. Upon termination, the development rights, standards and conditions set forth in the Lot 61 PUD plan shall expire and revert to the development rights, standards and conditions as set forth in the TC (Town Center) Zone District per Title 17 of the Avon Municipal Code. 9. This PUD is contingent upon a valid Development Agreement between IDG3 LLC and the Town of Avon being approved. 10. Specific design review guidelines will be required for Lot 61 to address specific design criteria for Town Center. 11. Timing requirements for addressing the election of improvements by either the Town or "the developer. Recommended Motion "I hereby recommend tabling of the Lot 61 PUD to allow more time to develop a complete development plan for approval." If you have any questions regarding this project or any planning matter, please call me at 748- 4030, or stop by the Community Development Department. Respectfull , uth O. Borne, Director Community Development Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Staff Report PUD December 16, 2003 Planning & Zoning Commission meeting Report date December 10, 2003 Project type Lot 61 PUD Legal description Lot 61, Block 2, Benchmark at Beaver Creels Subdivision Current zoning Planned Unit Development Address 75 Benchmark Road Introduction The purpose of the Lot 61 PUD 2004 (herein referred to as "Lot 61 PUD") is to formalize the new building area, including development standards for Lot 61 and the corresponding road alignments and transit center. The PUD for Lot 61 has been extended twice to allow time to evaluate development opportunities for implementation of the Town Center Plan between the Town and the developer. The current Lot 61 PUD is valid until February 3, 2004. The most significant elements contained in the new development plan benefiting the Town are as follows: • 50'0" right-of-way dedication for the new Benchmark Road alignment to the Town of Avon.. • Transit center to accommodate five (5) buses at a time with a 300 sq.ft. administrative/visitor center. • Enhanced pedestrian and vehicular circulation. • Implementation of significant master plan concepts of the Town Center Plan. In exchange, Lot 61 is receiving the following: • Timeshare as a use -by -right. • Increased building height, setbacks, site coverage, and density. The history of the zoning approval for Lot 61, Block 2, BMBC submitted by the developer, IDG3 LLC is as follows: 1978 Lot 61 zoned Town Center. 1991 Town Center zoning modified. 1999 Lot 61 applied for PUD zoning as set forth in Ordinance 99-16 (July 27, 1999) which had a 3-year approval. 2002 Town Center Implementation Plan was adopted on January 8, 2001 (Resolution 02-01). Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 December 16, 2003 Planning & Zoning Commission meeting Page 2 of 8 2002 PUD extension for a 6-month time period was granted to explore planning and development of the Town Center Plan on July 23, 2002 (Ordinance 02-17). 2003 In January, a PUD extension for one year was granted to allow the developer time to pursue implementation of the Town Center Plan on January 28, 2003 (Ordinance 03-01). 2003 In July, Council authorized funds be allocated to begin initial studies for the new property boundaries and road alignment. Over the past few months, staff has met with the developer and its representatives, including the Community Development Committee to arrive at a development plan that includes the implementation of the Town Center Plan in accordance with the existing PUD approval. The development plan includes a new transit center that accommodates up to five (5) buses, preserving pedestrian connections with the Confluence, and a new 50'0" right of way for Benchmark Road. On December 9, 2003 Town Council reviewed the initial fiscal analysis of the Lot 61 development agreement prepared by Stan Bernstein, the Town's financial consultant. Of utmost importance was the implication of timeshare as a use -by -right, including the imposition of a recreational amenity fee to offset the impact of timeshare units. Council endorsed moving forward with the process, including the refinement of the financial model to reflect the contemplated land entitlements. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following design criteria, or demonstrate that one or more of them is not applicable, or that a particular development solution is consistent with the public interest. 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. The proposed PUD now complies with the Town Center Plan and conforms to the following goals and polices of the Town Comprehensive Plan: Policy A1.3 Flexible zoning such as PUD should be encouraged where it results in more effective use of land The planning process with staff and the developer for Lot 61 is a new process for the Town and incorporates flexible zoning to benefit both public and private sectors. Policy A3.5 Since undeveloped land in the Town Center is scarce, it will be developed at higher density, included vertically integrated mix of commercial and residential uses, and rely primarily on underground and/or structured parking The underground parking structure for this project extends under the Town right of way to allow for more parking and does not preclude the opportunity for a private/public partnership for parking improvements and includes a higher density mixed —use development. Town of Avon Community Development (970) 748-4030 Fax (970) 9491-5749 ( l Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 December 16, 2003 Planning & Zoning Commission meeting Page 3 of 8 Goal B 1 Enhance the Town's role as a principal, year-round residential community and regional commercial center This development plan will help vitalize Town Center with a more efficient transit hub to encourage year-round use of mass transit and pedestrian circulation for its citizens, which is further reinforced by the following policy B1.2. Policy B1.2 Commercial areas will be supported 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 Goal B2 Establish the Town Center Area as an inviting, vibrant and safe -pedestrian oriented cultural, retail and entertainment hub The purpose of the Town Center Plan is to further enhance a vibrant hub in Town Center, which has been implemented in the Lot 61 development plan. Policy B2.2 Encourage a range of uses in the Town Center, including retail, offices, hotels, recreation, tourism, and entertainment The Lot 61 development plan will include a range of uses and special review uses. Policy B2.4 Encourage joint development of structured parking, pedestrian and landscape improvements, and promotion of activities and events in the Town Center This is a joint development, which benefits both the developer and the Town to help synergize Town Center. Policy B3.2 Promote effective transit and access with Beaver Creek and Arrowhead Resorts, including gondola connections, trails, and pedestrian connections The revised property lines and pedestrian connections will promote transit and access to include potential opportunities for accessing the Confluence site and gondola. Policy E1.6 All new development and redevelopment should include or otherwise provide for effective transit, pedestrian and bicycle facilities This new development plan includes plans for effective transit, and enhances pedestrian circulation. Policy E2.1 Joint development of a structured parking facility in Town Center to support private and public uses should be pursued to the extent possible The joint planning for Lot 61 includes structured parking on the Town right-of-way and does not preclude the potential for a shared parking facility. At a minimum, the Town and developer are moving forward in a joint effort to support Town Center development. Goal E3 Promote the development of an enhanced transit system for the Town Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 December 16, 2003 Planning & Zoning Commission meeting Page 4 of 8 The revised transit plan accommodates more buses and will improve the effectiveness of mass transit in the Town Polio Maintain the existing regional and Town -wide bus system, and enhance as necessary to provide services to the community as it grows The new transit hub contained on the Lot 61 development plan accommodates the existing service demands for the ECO bus system as well as the Town -wide system. 2. Conformity and compliance with the overall design theme of the town, the sub -area design recommendations and design guidelines of the Town. The development plan for Lot 61 is limited in scope and defines building setback, density, heights and new property boundaries. The conditions of approval for the PUD include the requirement that a site -specific development plan be submitted in accordance with Section 17.20.110, Avon Municipal Code. In addition, design guidelines must be submitted and approved by the Planning & Zoning Commission for this project to ensure compliance with more restrictive design standards of the Town Center Plan. 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 new property boundaries for Lot 61 include criteria established in the Town Center Plan, such as 10'0" minimum sidewalks, new Benchmark Road alignment, requirements for stepping the building as it increases in height, clearances to accommodate a transit center while maintaining effective pedestrian movement in exchange for increased height, new development standards, and effective orientation on the site. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The new development standards for this mixed -use project combined with the new transit center will enhance the vitality and efficiency of Town Center. 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 known natural and/or geologic hazards on Lot 61 at this time. A Subdivision Improvement Agreement will be required to ensure there are no unforeseen natural or geologic hazards, specifically at it related to infrastructure improvements such as water, sewer, and/or drainage associated with this development. 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 proposed development plan for Lot 61 is more responsive to improving the aesthetic quality of Town Center. The building design will be further clarified through specific design review guidelines, the site -specific development plan process, and design review by the Planning & Zoning Commission. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 December 16, 2003 Planning & Zoning Commission meeting Page 5 of 8 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. The Town Center Plan and the Town Transportation Plan have been considered and implemented in this development plan and improves the circulation for pedestrians, mass transit, and vehicular circulation. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Specific provisions for allowing the building to encroach onto Town right-of-way and in other areas to step back from pedestrian ways have been carefully considered and implemented with this development plan to optimize and preserve views and overall function. 9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. There is no phasing plan proposed by this PUD. There will be timing requirements set forth in the development agreement to allow the developer and/or the Town time to exercise their rights for construction. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. IDG3 LLC will be responsible acquisition of additional water rights and their subsequent dedication to the Town if needed to amend the Town's Augmentation Plan. In addition, the developer will be responsible for capital and operating cost of additional transit, police, and fire protection services associated with the impacts from Lot 61. 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 new 50'0" road right-of-way alignment and transit center provisions improve the overall adequacy and carrying capacity of Town Center. 12. Development Standards The Development Standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking are being modified with this proposal and are proposed as follows: a. Uses by --rim ■ Retail stores ■ Specialty shops ■ Restaurants, excluding drive-thru windows ■ Cocktail lounges ■ Personal service shops Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 December 16, 2003 Planning & Zoning Commission meeting Page 6 of 8 Timeshare, interval ownership, and fractional fee ownership above grade with the condition that recreational amenity fees are paid — the terms and conditions of which will be negotiated with the development agreement. Staff recommends a minimum of 125-timeshare, interval ownership, or fractional fees units with a minimum of 900 sq. ft. each to comply with the premise of the financial analysis. ■ A minimum of 17,000 sq.ft of commercial space at grade level ■ Professional offices on grade. Staff does not support professional office at grade level and recommend this be limited to a special review use. Professional offices on the mall level limit the economic vitality of Town Center, invalidate the financial model as contemplated, and should be specifically reviewed by the Planning & Zoning Commission. ■ Hotel on floors above grade ■ Lodges on floors above grade ■ Apartments on floors above grade ■ Condominiums on floors above grade ■ Indoor recreation and/or entertainment facilities ■ Theaters ■ Bed & Breakfast on floors above grade. This use is not appropriate in Town Center and should be deleted. ■ Public transportation facilities including 300 S.F. transit/administrative office at grade, immediately adjacent to transit center ■ Public parking facilities ■ Additional uses determined to be similar to allowed uses in accordance with the intent of the zone district b. Special Review Uses: Conference/convention facilities Above ground public utility installations Residential and accommodation units at grade This use is not appropriate, even as a special review use, and conflicts with the recommendations of the Town Center Implementation Plan. Medical Facilities Financial Institutions c. Development Standards Lot Area 1.07 Acres Projections such as columns, roofs, unenclosed floors and decks may encroach into setbacks and/or right of ways with specific Town of Avon design review approval Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 ( Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 December 16, 2003 Planning & Zoning Commission meeting Page 7 of 8 Building Height A height, as defined by The Town of Avon Title 17, Chapter 17.08, Section 160, of 108.5'. This height shall be to the top of roof structures over enclosed, habitable space. Elevator penthouses, chimneys, parapets and similar appurtenances shall be allowed to exceed this datum Maximum site coverage: Ninety Percent 90% Density: Commercial: A minimum of 17,000 square feet Residential: One Hundred Seventy Five (175) Dwelling Units or 200 accommodation units with a maximum of 187,500 gross residential square feet. d. Landscape/Hardscape Coverage: Maximum coverage shall be 10% e. Parking: Commercial: 4 spaces/1,000 x .85 (mixed use reduction) 1. Residential: 1 space/unit x .85 (mixed use reduction) 2. Guest: Per Town Center standards Staff recommends all parking comply with the Avon Municipal Code, which would allow for a mixed -use reduction. Based upon the lack of detail and information on the current development plan, staff does not support any additional parking reduction other than the provisions provided for under the existing parking standards. f. Provisions for stepping back the building as it increases in height Staff Comments & Recommendation Staff recommends tabling of the Lot 61 PUD until technical corrections on the development plan are addressed and issues associated with the development rights are resolved. Some of the outstanding conditions are as follows: 1. The issue of vested rights remains unresolved. In order to create vested rights under the state statutes and Avon Municipal Code, vested rights only occur with the approval of a site -specific development plan. The Lot 61 development plan must be limited for vesting purposes only with specific provision for ensuring the complete PUD planning process is completed prior to commencement of any development. The Town has historically addressed this issue within the confines of the development plan and development agreement. This must be addressed prior to recommendation of the Lot 61 PUD Council for approval. 2. The new Benchmark Road alignment (50'0" Benchmark Court Right -of Way) must be conveyed by subdivision plat prior to approval of the Lot 61 PUD. 3. Finalizing the minimum amount of timeshare units, the size of the units, and corresponding recreational amenity fees to conform to the financial analysis. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 December 16, 2003 Planning & Zoning Commission meeting Page 8 of 8 4. A requirement that the developer will be responsible for the acquisition of additional water rights and their subsequent dedication to the Town if necessary to amend the Town's Augmentation Plan. 5. A requirement that the developer will be responsible for capital and operating costs of transit, police, and fire protection services associated with the impacts of development on Lot 61. 6. Professional offices at grade invalidate the financial model as currently contemplated and should be removed at this time. 7. All parking comply with the Avon Municipal Code. 8. Failure to develop and obtain approval of said site -specific development plan by January 31, 2012 shall automatically terminate these development standards and conditions. Upon termination, the development rights, standards and conditions set forth in the Lot 61 PUD plan shall expire and revert to the development rights„ standards and conditions as set forth in the TC (Town Center) Zone District per Title 17 of the Avon Municipal Code. 9. This PUD is contingent upon a valid Development Agreement between IDG3 LLC and the Town of Avon being approved. 10. Specific design review guidelines will be required for Lot 61 to address specific design criteria for Town Center. 11. Timing requirements for addressing the election of improvements by either the Town or the developer. Recommended Motion "I hereby recommend tabling of the Lot 61 PUD to allow more time to develop a complete development plan for approval." If you have any questions regarding this project or any planning matter, please call me at 748- 4030, or stop by the Community Development Department. Respectful] — uth O. Borne, Direclobr Community Development Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 0 0 C �G O CD O m Iu 0 111 o t" W ;(L ad i s C+ L3 • �f�A .j? F /44 •9g• Y � 10, O �� 0`oAL Q. —4 p C _ AN �z o� z z dN � P m r 9 S tie Ar bdb �„Jn?� ® °" �D(nU)U)U) 3 z 3 (0 W y A (D oOLN C+- C1- N �r 0 C) U it L�. 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