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PZC Packet 120523AVON PLANNING & ZONING COMMISSION MEETING AGENDA TUESDAY, DECEMBERS, 2023 MEETING BEGINS AT S:OOPM Avon 100 MIKAELA WAY - COUNCIL CHAMBERS C 0 L 0 R A D 0 MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON) 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS 4. PUBLIC HEARINGS 4.1. FILE #CTA23002 I CODE TEXT AMENDMENTS FOR COMMUNITY HOUSING ZONE DISTRICTS (SENIOR PLANNER JENA SKINNER 4.2. FILE #CPA23002 I COMPREHENSIVE PLAN AMENDMENTS FOR COMMUNITY HOUSING (SENIOR PLANNER JENA SKINNER 5. CONSENT AGENDA 5.1. NOVEMBER 7, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES 5.2. RECORD OF DECISION FOR MJR23004 - APPROVED NOVEMBER 7, 2023 5.3. 2024 PLANNING AND ZONING COMMISSION MEETING SCHEDULE 6. STAFF UPDATES 6.1. SKATE PLAZA 6.2. SUN RD/EAST AVON MASTER PLANNING 6.3. STATE LAND BOARD 6.4. REGIONAL HOUSING ACTION PLAN 6.5. AVONDALE APARTMENTS 7. FUTURE MEETINGS 7.1. DECEMBER 19, 2023 7.2. JANUARY 3, 2024 (WEDNESDAY) 8. ADJOURN MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS. T0: Planning &Zoning Commission �� FROM: Jena Skinner, AICP, Senior Planner on RE: PUBLIC HEARING: c o L a H A D o CTA-23002 Code Text Amendment - Community Housing Zone Districts CPA23001 Comprehensive Plan Amendment DATE: December 1, 2023 STAFF REPORT OVERVIEW: This staff report contains two applications for consideration by the Planning and Zoning Commission ("PZC"), a Code Text Amendment and a Comprehensive Plan Amendment. Amendments. Both of these documents will be presented for review and recommendation to Council, ratified via Ordinance, should they be approved. The draft Ordinances are attached to this report. SUMMARY OF REQUEST: The Avon Comprehensive Plan ("Comp Plan") is now over five years old. In 2020, the more specific Avon Housing Plan was implemented, with an update occurring to this plan in 2021. Recent amendments pertained to housing supply and redirecting Town efforts based upon several policy shifts occurring at that time. In 2023, housing remains an essential issue in Avon. Recently, Council identified that having specific zone districts centering on Community Housing ("CH") will be crucial in promoting and supporting future projects with design direction and clarity. Effectively, in utilizing Avon's existing zone districts for housing neither encourages nor helps support these nuanced projects efficiently - especially if CH projects have specific design needs beyond what can be achieved with zoning aimed at market development. GOALS: The main goal of the proposed joint Code Text Amendment and Comp Plan Amendment is to have both the Avon Municipal Code ("AMC") and Comp Plan support each other as CH projects are presented. Staff was given direction to create zone districts that would be directly related to possible Community Housing projects as standard zoning was too general, and in applying those types of zoning, left too much uncertainty surrounding zone changes with or without development applications, as there is no guarantee developments would be built in a timing fashion due to the complex nature of CH funding, the need for partnerships, etc. As a second motivation, given the enormous cost to build CH, the emphasis on using Town -owned lands is at the forefront in looking at housing to offset costs. Rezoning properties to CH zone districts is more favorable as an intention, eliminating the uncertainty of rezoning to standard zoning and the litany of uses that would come with that action. More succinctly: Existing Land Use Designations. Currently, Public Facility or PF zoning exists on certain Town parcels slated for Community Development. It is reasonable that these lands were rezoned to preserve these parcels for Town use, however; it limits housing to Town employee housing and does not necessarily support general workforce housing, nor does it support a mixture of deed - restricted and free-market housing units; or commercial uses that support housing projects as an offset to costs. The new Community Housing zones prepare parcels for CH without using a Planned Unit Development ("PUD"). • For the Comp Plan, properties currently owned by the Town will have a future land use designation for Community Housing in place of the Public Facility designation that is recommended now on the Future Land Use Map ("FLUM") to strengthen Avon's goals of creating new dedicated housing opportunities for our workforce. 970-748-4023 jskinner@avon.org Page 1 of 8 The Zone Districts themselves. The new CH zone districts follow the same pattern as the other standard zone districts with respect to uses, dimensional limitations and intentions. This is similar to how Vail addresses Community Housing. Other amendments to the Comp Plan include: • General language supporting CH projects, • The targeted use of Town -owned land for CH projects, • Clarifying language guiding development in District 6 (e.g., gateway provisions), 8, and the introduction of District 12 East Avon Preserve, and • Additional language reflecting current housing policy goals where necessary. • Adding design recommendations to newly identified gateway area. PROCESS: Code Text Amendments and Comprehensive Plan Amendments can only be initiated by property owners and the Town Council. Town Council directed Staff to engage with the PZC with this amendment on October 10, 2023, allowing Staff to create both applications, and in creating the necessary public notification needed for meetings with both the PZC and Council. After meeting with the PZC, the PZC will provide a recommendation to Town Council. Town Council shall then engage in two readings of an Ordinance capturing the Code Text Amendments and Comp Plan Amendment before final action and implementation of these changes. TOWN COUNCIL STAFF PZC TOWN COUNCIL INITIATION ANALYSIS & PUBLIC HEARINGORDINANCE & > >> October 24/23 REPORT RECOMMENDATION PUBLIC HEARING December 5/23 TBD PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on November 24, 2023. No public comments have been received. OPTIONS: PZC has the following options with the Application: • Recommend Approval as drafted • Recommend Approval, with changes • Continue Public Hearing to a Specific Date • Recommend Denial, with findings DISCUSSION: The Town of Avon is acutely aware of the difficiulties the workforce is experiencing in regards to housing. Whether it's the need for housing (new units), or that our existing code does not recognize what design elements are needed or not necessary with certain types of housing (e.g., decreased parking or an increase in buidling heights), by having unique zone districts that aim to accommodate and or set the tone for housing Avon gains an additional tool to have in the toolbox. Using these zone districts also provide more certainty for parcels with CH zoning, without compromising creative design potenital or limiting flexiblilty in new projects. By updating the Comp Plan to bring updated language into this document also increases consistency bewteen all of the main three documents (AMC, Comp Plan and Housing Plan) used in the evaluation of CTA23002 Community Housing Zone Districts; CPA23001 — Comp Plan Amendment Community Housing Dec. 5, 2023 Page 2 of 8 planning applications. The new Comp Plan amendments also update the relitiveity of this 2017 document. PLANNING ANALYSIS: The following section includes the applicable commentary and analysis for both the CTA23002 (Code Text Amendment) and CPA23001 (Comprehensive Plan Amendment). CODE TEXT AMENDMENT: REVIEW CRITERIA: PZC and the Town Council must consider a set of review criteria when reviewing code changes. The review criteria for Code Text Amendments are governed by Avon Municipal Code ("AMC") §7.16.040, Code Text Amendments. Staff responses to each review criteria are provided below. (1) The text amendment promotes the health, safety and general welfare of the Avon community; Staff Response: This update will create zone districts that support a variety of Community Housing projects. As workforce housing is a recognized need for Avon, this amendment will support the Town's goals for overall sustainability for the Town and the health, safety, and general welfare of the Avon Community. (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; Staff Response: These amendments attempt to bring support to both the Town and to private developers beyond what the "typical" development and design environment offers by using the established zone districts found in the AMC. Staff finds that general zoning assumes that development will benefit the free-market without concern of the difficulties that may be associated with constructing restricted housing. Having zone districts that support Community Housing provide a more transparent framework for this specific kind of development. The Housing Plan seeks to achieve the Town's goals with "...both incentives and regulations to create a policy environment that is favorable for local housing. " Offering potential community housing projects a greater level of design direction while maintaining the Development Code's underlying goals is an intention supported by the Comprehensive Plan. Further, in updating Avon's land use code with new development tools is supported by the Avon Comprehensive Plan Policy C.1.1, which recommends to: Regularly update and enhance the Avon land use regulations and District Master Plans for innovative design approaches and positive development outcomes. This code amendment could go much further in its design; however, this amendment is an excellent start to recognizing that Community Housing projects are a valuable and preferred kind of development and in keeping the 2017 Avon Comprehensive Plan more current. (3) The text amendment promotes or implements the purposes stated in this Development Code; or Staff Response: Section 7.04.030 Purposes of the Development Code lists several pertinent goals and purposes for the Avon community that support Staff's efforts to enhance the Avon Municipal Code. The most relevant goals that may be applied include the following: CTA23002 Community Housing Zone Districts; CPA23001 — Comp Plan Amendment Community Housing Dec. 5, 2023 Page 3 of 8 • Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town — including the Avon Housing Plan, which supports and urges the construction of Community Housing. • Avoid [or alleviate] undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities. This is relevant when considering use of Town -owned properties for Community Housing projects. Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality. In having Community Housing as an allowed use in existing zone districts, and also having new Community Housing zone districts available if a rezoning is necessary (e.g., for annexations), provides a more "predictable" end result for these projects. Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities. In using the FLUM to recommend Community Housing and zoning on walkable parcels owned by the Town, his goal is supported. • Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non- renewable natural resources and attain sustainability. Much like the previous goal, having some deign flexibility infused with the proposed zoning will help with the Town's sustainability goals. Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy. By recognizing that Community Housing is desirable (as zone districts), and in "designing" different levels of Community Housing zoning, this goal is supported by this amendment. (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. Staff Response: The text amendments directly respond to the concern regarding workforce housing. Avon must be adaptive with considerations to this major community concern. Implementing new zone districts has no negative implications to the Town orAMC; simply, it prepares Avon with additional tools to respond to future land use needs. It also provides a greater level of predictability for both the public and approval authorities as it is a tailored zone district, eliminating the need for the use of PUD zoning. CTA23002 Community Housing Zone Districts; CPA23001 — Comp Plan Amendment Community Housing Dec. 5, 2023 Page 4 of 8 COMPREHENSIVE PLAN AMENDMENT: REVIEW CRITERIA. The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the Avon Comprehensive Development Plan: (1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; Staff Response: This amendment does not affect areas of the Town that are not suitable for development, rather; the amendment more actively promotes a more effective use of Town lands for Community Housing, an essential public benefit to the community. (2) Transportation services and infrastructure have adequate current capacity or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; Staff Response: This plan amendment does not affect infrastructure. All land use applications will still necessitate review by Staff prior to proceeding into construction, and all impacts will be examined at that time. This amendment simply updates Avon's direction towards increasing Community Housing. (3) Public services and facilities have adequate current capacity or planned capacity to serve the land use proposed in the plan amendment; Staff Response: This amendment does not alter the boundaries of the Town for properties that have not been annexed. This amendment only affects parcels within the existing town limits. (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; Staff Response: Having Community Housing as a targeted land use supports this finding and ratifies that Community housing is an appropriate form of development. (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; Staff Response: This amendment supports this finding as it reflects a recent endeavor to change the zoning of a Town -owned property to a general zone district without an accompanying development application for a specific Community Housing project (which was the intention of the Town when initiating the zone change). Council recognized that there should be zoning for Community Housing on the subject parcel for this endeavor; otherwise, it may result in unintentional consequences if the Community Housing project did not come to fruition, but the property zoning offered the potential for general development beyond the intended CH use. Having Community Housing zone districts and parcels identified as Community Housing on the Future Land Use map in the Comp Plan is a sounder approach to creating a parcel -ready Community Housing development solution. (6) The proposed plan amendment will promote the purposes stated in this Development Code; and CTA23002 Community Housing Zone Districts; CPA23001 — Comp Plan Amendment Community Housing Dec. 5, 2023 Page 5 of 8 Staff Response: Amending the Comp Plan along with the proposed Code Text Amendment is a compatible action that supports and or allows both documents to correspond with each, strengthening planning process and review of pending CH projects. (7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. Staff Response: This amendment updates and clarifies current goals and policies of the Town of Avon. Updating both the Comp Plan and AMC keeps both documents relative and promotes the health, safety, and welfare of the Avon community. GENERAL REVIEW CRITERIA (applicable to both applications): Conformance with General Review Criteria in AMC §7.16.010(f)(1), General Criteria, which provides criteria that are applicable to all development applications: (1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or Town Council for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code, as well as the following general criteria which shall apply to all development applications: (i) The development application is complete; (ii) The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; (iii) The development application complies with the goals and policies of the Avon Comprehensive Plan; and (iv) The demand for public services or infrastructure exceeding current capacity is mitigated by the development application. Staff Response: This code text amendment application is complete. Staff believes sufficient information exists to allow Council to review both applications with the applicable review criteria per application. Neither this Code Text Amendment or Comp Plan Amendment application will not impact demands for public services or infrastructure because it is not a development application; instead, it simply offers provisions that support the existing development code while enhancing the Town's tools in helping to focus on, and improve Avon's housing situation. CTA23002 Community Housing Zone Districts; CPA23001 — Comp Plan Amendment Community Housing Dec. 5, 2023 Page 6 of 8 RECOMMENDED FINDINGS: CTA23002: 1. The text amendment promotes the health, safety and general welfare of the Avon community by focusing on Community Housing by providing distinct zone districts to accommodate this use; 2. This text amendment promotes and strengthens the implementation of the updated goals and policies of the Avon Comprehensive Plan and supporting plans, and increases the synchronicity between these documents; 3. The text amendment consistently promotes or implements the purposes stated in this Development Code with the new language proposed for Community Housing Zone Districts; and 4. The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions, as Community Housing is recognized as being a priority for Avon. CPA23001: 1. The proposed amendments to the Comp Plan are compatible with the goals and policies of the entirety of the Avon Comprehensive Plan, as recognizing certain properties may be suitable for receiving Community Housing projects on Town owned lands does not alter this Plan's general development intentions for Avon; 2. This amendment complies with the Review Criteria outlined in Section §7.16.030(c) of the Development Code, and offers increased support for Community Housing efforts and protections for Avon's gateway area; 3. The proposed amendment bolsters the purpose statements of the Development Code in increasing its support for Community Housing; and 4. The proposed amendment promotes the health, safety, and welfare of the Avon Community by supporting working families and building a stable community with opportunities for families and young professionals. General Criteria Findings: 1. The development applications are complete; 2. The development application provides sufficient information to allow the reviewing authority to determine that the development applications comply with the relevant review criteria; 3. The development applications comply with the goals and policies of the Avon Comprehensive Plan; and 4. The demand for public services or infrastructure exceeding current capacity does not require mitigation as there is no development application accompanying the Code Text Amendment or Comp Plan Amendment. RECOMMENDED MOTION: "I move to recommend Town Council approve the proposed Code Text Amendments and the proposed Comprehensive Plan Amendment, based on the findings in Sections §7.16.040, Code Text Amendments, §7.16.030, Comprehensive Plan Amendments and §7.16.010(f)(1) General Criteria (for an application), as presented and outlined by Staff in the staff report." Thank you, Jena CTA23002 Community Housing Zone Districts; CPA23001 — Comp Plan Amendment Community Housing Dec. 5, 2023 Page 7 of 8 ATTACHMENT A: ATTACHMENT B: ATTACHMENT C: ATTACHMENT D Title 7 Amendments Draft Ordinance: CTA23002 Proposed Comp Plan Amendment Draft Ordinance: CPA23001 CTA23002 Community Housing Zone Districts; CPA23001 — Comp Plan Amendment Community Housing Dec. 5, 2023 Page 8 of 8 ATTACHMENT A Exhibit A to Ordinance 24 -XX CODE TEXT AMENDMENT n Avon C O L O R A D O This document contains the draft language proposed for Ordinance 24 -XX Community Housing Zone Districts This document introduces new zone districts specific to Community Housing within the pertinent sections of the Avon Municipal Code, with this Ordinance. This Ordinance Affects Title 7 ATTACHMENT A Exhibit A to Ordinance 24 -XX CODE TEXT AMENDMENT 7.20.075 Community Housing Districts. Purpose statement: (a) General Purpose. The Community Housing Districts allow higher residential density with 100% of the residential units subject to deed restrictions that meet the definition of CommunitV Housing in 3.14.020. A Communitv Housina zone district intends to Drovide adeauate sites for workforce housing, which, because of the nature and characteristics of Community Housing design and need, cannot be adeguatelV regulated bV the development standards prescribed bV other standard residential zone districts except that adequate light, air, open spaces, and other amenities are considered appropriate for this use. (b) Intent. The Community Housing Districts zoning districts are intended to: (1) Provide opportunities to development Community Housing which is with Avon Comprehensive Plan, with the Avon Communitv Housing Plan and with public health safety and general welfare; (2) Provide appropriately located areas for Community Housing development which are close neighborhood commercial, parks, open space, schools or public facilities; (3) Ensure adequate light, air and privacy for all dwelling units; (4) Are compatible with scale and character of existing residential neighborhoods and the community; and (5) Promote non -auto dependent lifestyles through convenient access to transit, pedestrian and bike trails and routes, and vehicle share. (c) Development Bonus. Development projects within Community Housing Districts may apply for a Development Bonus, which projects shall be reviewed on a case bV case basis in accordance with the procedures and review criteria in 7.16.170. (d) Community Housing Medium Density. The CHMD district is established to accommodate small single-familV, duplex and townhome development as either single neighborhoods of similar units or in a neighborhood with a mix of unit types. The CHMD district should be located along a local road. Table 7.20-6 Community Housing Medium Density Dwellin Type Max. Density units/ acre Max. Units Per Min. Landscape Max. Lot Coverage Min. Front Min. Side Setback tLeg Min. Rear Setback feet Max. Building Height feet Setback fLeg Building Area. f %) Du / Multi- 10 du/ acre N/a 10% 80 10 7.5 10 35 family / TH (e) Community Housing High Density. The CHHD district is established to accommodate multi -family development in cost effective configuration, construction type and densitV that permits a high number of residential units with a maximum of four (44) stories of residential or three (3) stories of residential above one (1) level of at grade parking_ ATTACHMENT A Exhibit A to Ordinance 24 -XX CODE TEXT AMENDMENT Table 7.20-7 Community Housing High Density -1 Dwelling Type Max. Density units/ acre Max. Units Per Min. Landscape Max. Lot Coverage Min. Front Min. Side Setback feet Min. Rear Max. Buildin Height feet Setback feet Setback 12glI Building Area. P/-) Multi- family / TH 25 du/ acre N/a 10% 80 10 7.5 10 48 (f) Community Housing High Density— Tall. The CHHD-T district is established to accommodate multi -family development in cost effective configuration, construction type and density that permits a hiah number of residential units with a maximum of five (5) stories of residential or four (4) stories of residential above one (1) level of at grade parking. Table 7.20-8 Community Housing High Density - 2 Dwelling Type Max. Densitv units/ acre Max. Units Per Min. Landscape Max. Lot Coverage Min. Front Min. Side Setback feet Min. Rear Max. Building Height feet Setback feet Setback feet Buildin Area1 f%! Multi- family / TH 30 du/ acre N/a 10% 80 10 7.5 10 60 (g) Community Housing Mixed Use. The CHMU district is established to accommodate ground level commercial with multi -family development above in cost effective configuration, construction type and density that permits a high number of residential units with a maximum of four (44) stories. Table 7.20--9 Communitv Housina Mixed Use -1 Dwelling Type Max. Densitv units/ acre Max. Units Per Min. Landscape Max. Lot Coverage Min. Front Min. Side Setback feet Min. Rear Max. Buildinp ffe ght feet Setback feet Setback feet Buildin Area. f_%! Multi- family 25 du/ acre N/a 10% 80 10 7.5 10 48 [11 Commercial Uses limited to round floor, Office uses or similar may be permitted on the second floor. (h) CommunityHousing Mixed Use. The CHMU district is established to accommodate ground level commercial with multi -family development above in cost effective configuration, construction type and density that permits a high number of residential units with a maximum of four (4) stories. ATTACHMENT A Exhibit A to Ordinance 24 -XX CODE TEXT AMENDMENT Table 7.20-10 Community Housing Mixed Use - 2 Dwelling Type Max. Density units/ acre Max. Units Per Min. Landscape Max. Lot Coverage Min. Front Min. Side Setback feet Min. Rear Max. Buildinp Height feet Setback feet Setback fLeg Buildinp Area. f0/0 Multi- Tamil 25 du/ acre N/a 10% 80 10 7.5 10 60 [11 Commercial Uses limited to ground floor. Office uses may be permitted on the second floor. Other Amendments (This Title). Other amendments will include the insignificant re -numbering of subsequent Tables following this new AMC Code section. 7.16.015 Community Housing — Development Applications. Regardless of the type of development review, all projects affecting or creating Community Housing units as defined in Section 3.14.020 — Definitions, are granted priority scheduling in accordance with the applicable Review Authority. See Also Table 7.24.040 Table of Allowed Uses (Next Page) 7.24.040 Table of allowed uses. Table 7.24-1 Allowed Uses Use Category Use Type P - Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. Use -Specific Regulations Residential Nonresidential RD RL RM RHCH M H RH-C NC MC CH MU 1/2 TC P PF IC OLD Residential Uses Household Living Dwelling, Single -Family Detached P P P S Dwelling, Two -Family/ Duplex P P P P S Dwelling, Townhouse P P P P P P P P S Dwelling, Multi -Family P [1] P P P P P P P S [1] Limited to 8 units per building in RM Community Housing P P P P P P P P P P P P P P P Dwelling, live/ work S S S P S S S P P S Accessory DU S S S S S S SF/DU Units Only Dwelling, timeshare, interval ownership or fractional fee ownership/ vacation club S P P 7.24.050(d) 7.24.060(a) Group Living Group homes S S S S S S 7.24.060(b) Retirement home, nursing home or assisted living facility S S S S S S Accommodation Bed and breakfast S S S S S P P P Hotel, motel and lodge P P P Public and Institutional Uses Community Art gallery or museum P P P P P Services Community centers S S S P S P P S P P P Library P P 7.24.050(a) Government services, offices and facilities S P P P P P 7.24.050(a) Post office branches S P P P Religious assembly S S S S S S S S S S S Day Care Preschool, nursery school S S S S P S S P S S S 7.24.060(c) Childcare, in home S S S S S S S S S S 7.24.060(c) Childcare center S S P S S P S 7.24.060(c) Educational Facilities College or university (nonexempt) S P S S P P 7.24.050(a) School, K-12 (public and private) P P P P S P P S P 7.24.050(a) School, vocational- technical and trade P P P 7.24.050(a) Use Category Use Type P - Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. Use -Specific Regulations Residential I Nonresidential RD I RL RM RH CH M H I NC I MC I CH MU 1/2 TC P PF IC OLD Parks and Open Space Arboretum or botanical garden S P P P 7.24.050(b) Community garden P P P P P P P P P Community playfields and parks P P P Golf course P P P P P P P Parks and forest preserves (private, not- for-profit P P P P Transportation Bus terminal S P 7.24.060(d) Rail terminal (passenger) S P P Commercial parking facilities (surface & structure) S S P Utility Major energy facilities S Public utility substations where no public office, repair or storage facilities are maintained S S S S S S S S S S Ground mounted solar devices P P S Small wind energy system S S S S P S S P S S S S S Wireless communication tower and/or antenna S S S S S S S S S S S S S S Commercial Uses Animal sales and Kennel S 7.24.060(e)(3) services Pet shops P P P P P P Veterinary clinic, small (indoor only) P P P P Veterinary clinic, large (with outdoor runs) S Auction House P P P P Assembly Auction yard P Membership clubs P P P P Financial Service Financial institution, with drive- thru S S S S 7.24.060(f) Financial institution, without drive-thru P P P P P Food and Bakeries P P P P P Beverage Bars or taverns P P P S P P 7.24.060(h)(2) Services Coffee shops P P P P P P Created: 2023-01-31 10:59:54 [EST] (Supp. No. 29) Page 2 of 5 Use Category Use Type P - Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. Use -Specific Regulations Residential I Nonresidential S RD I RL RM RH CH M H I NC I MC I CH MU 1/2 TC P PF IC OLD Created: 2023-01-31 10:59:54 [EST] (Supp. No. 29) Page 3 of 5 Restaurant, with drive-in or drive-thru S S S S S 7.24.060(g) Restaurant without drive- in or drive-thru P P P 5 P P Health Care Medical center/ hospital S P P P Facilities Urgent care facility P P P P Medical and dental clinics and offices P P P P P S Office Administrative and professional offices P P P P P Office with showroom and/or warehouse facilities P S Recreation and Entertainment, Outdoor commercial recreation P P P Outdoor Riding academies S P Recreation and Entertainment, Indoor Indoor commercial recreation/ entertainment P P 5 P P P Sexually- oriented business S Theater/ performance hall S P P P Personal Services Barber shops, beauty salons, day spas P P P P P P Dry cleaning and laundry service P P P S P P General personal services P P P P P P Tattoo parlors, body piercing S S S S Retail (Sales) Antique shops P P P P P P Appliance stores P P P P P P Art shops P P P P P P Book and stationery stores P P P P P P Clothing stores P P P P P P Convenience store, with fuel S S S P P Drug stores P P P P P P Electrical supply stores P P P P Florists P P P P P P Furniture shops P P P P P Created: 2023-01-31 10:59:54 [EST] (Supp. No. 29) Page 3 of 5 Use Category Use Type P -Permitted Use S = Special Review Use Districts in GREY ore retired and not available for rezoning. Use -Specific Regulations Residential I Nonresidential P RD I RL I RM I RH I CH M H I I NC I MC I CH MU 1/2 I TC I P I PF I IC I OLD I Created: 2623-61-31 16:59:54 [EST] (Supp. No. 29) Page 4 of 5 Gift shops P P P P P P Grocery stores P P P P P P Home improvement store, under 25,000 sq. ft. P S P P P P Home improvement store, over 25,000 sq. ft. P P Jewelry, craft and hobby shops P P P P P P Medical marijuana, marijuana establishment and marijuana club Music, radio and television stores P P P P P P Nursery, landscaping supply P S P P Office supply store P P P P P Liquor stores P P P P P P Paint stores P P P P S P Photographic studios P P P P P P Retail sign shops P S P Retail sales with drive- thru S S S S S Shoe stores P P P P P P Sporting and athletic goods stores P P P P P P Toy stores P P P P P P Wholesale Business Wholesale business P Vehicles and equipment Automobile repair shop, minor S S P 7.24.060(h) Automobile repair shop, major S P Automobile sales and rental S S Car wash S S S 7.24.060(h) Parking lot (commercial) S S S S S Industrial Service Industrial Service Research facilities P (commercial) Builders supply yards P Construction industry P related businesses Created: 2623-61-31 16:59:54 [EST] (Supp. No. 29) Page 4 of 5 Use Category Use Type P - Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. Use -Specific Regulations Residential I Nonresidential RD I RL RM RH CH M H I NC I MC I CH MU 1/2 TC P PF IC OLD ( Ord. 16-14 §2; Ord. 14-06 §4; Ord. 14-01 §2; Ord. 13-02 §3; Ord. 12-02 §2; Ord. 11-04 §2; Ord. 10-14 §3; Ord. 19-06 §5) Created: 2023-01-31 10:59:54 [EST] (Supp. No. 29) Page 5 of 5 Heavy industrial uses S Junkyards S Light industrial uses P Lumberyards except when indoors as part of a hardware store S Mining and mineral extraction S S S S S S S S S S S S S Manufacturing and Production Machine and welding shops P Manufacturing, heavy S Manufacturing, light P Warehouse and Mini -storage P Freight Movement Storage warehouses P Waste and Recycling center (indoor) S Salvage Recycling facilities, drop- off P P P P P P P P P P ( Ord. 16-14 §2; Ord. 14-06 §4; Ord. 14-01 §2; Ord. 13-02 §3; Ord. 12-02 §2; Ord. 11-04 §2; Ord. 10-14 §3; Ord. 19-06 §5) Created: 2023-01-31 10:59:54 [EST] (Supp. No. 29) Page 5 of 5 ATTACHMENT B �r Avon COLORADO ORDINANCE 24 -XX AMENDING TITLE 7 OF THE AVON MUNICIPAL CODE TO INTRODUCE COMMUNITY HOUSING ZONE DISTRICTS WHEREAS, the Town of Avon ("Town") is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority, and privileges to which it is entitled under Colorado law; and WHEREAS, The Town Council of the Town of Avon ("Applicant" or "Council") has submitted a Code Text Amendment ("CTA") application to modify Title 7 to include zone districts specific to new Community Housing development; and WHEREAS, the Town of Avon Planning & Zoning Commission ("PZC"), after publishing and posting notice as required by law, held a public hearing on December 5th, 2023, prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence, and Town Staff reports, and then took action to adopt Findings of Fact and made a recommendation to the Town Council to approve the Application; and WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority granted by the Town Charter, its ordinances, and State of Colorado law, has review and decision- making authority to approve, approve with conditions or deny the Application; and WHEREAS, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, Council held a public hearing on January XX, 2024, and prior to taking final action considering all comments, testimony, evidence, and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, pursuant to AMC §7.16.040, Code Text Amendments, the Town Council has considered the applicable review criteria for a Code Text Amendment application; and WHEREAS, the Application complies with AMC §7.16.010, General Criteria, and is consistent with the Comprehensive Plan community goals in supporting Avon's housing goals; and WHEREAS, the text amendments also promote the health, safety, and general welfare of the Avon community by providing the framework in creating new community housing projects; and WHEREAS, the health, safety, and welfare of the citizens of the Avon community would be enhanced and promoted by the adoption of this Ordinance; and Ord 24 -XX Code Text Amendment: Community Housing Page 1 of 4 ATTACHMENT B WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing to provide the public an opportunity to present testimony and evidence regarding the Application, and, that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance prior to any final action prior to concluding the public hearing on second reading. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Code Text Amendments. AMC §7.16.015 and AMC §7.20.075, are hereby amended as depicted in "Exhibit A — Community Housing Code Text Amendments" depicting the language to be added. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall Ord 24 -XX Code Text Amendment: Community Housing Page 2 of 4 ATTACHMENT B be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on HEARING by the Avon Town Council on [ ], 2024 and setting such public hearing for [ ], 2024 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on f 1, 2024. BY: ATTEST: Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: Karl Hanlon, Town Attorney Ord 24 -XX Code Text Amendment: Community Housing Page 3 of 4 ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS Future Land Use Plan The Future Land Use Plan establishes preferred development patterns by designating land use categories for specific geographical locations. Land use designations depicted on the land use map do not supersede the Town's zoning districts and regulations and display general land use categories as a visual guide for the community based on the goals, objectives, and policies presented within this document. The Future Land Use Plan and its land use designations are illustrative only and do not represent zoning designations. With the update in 2024, Community Housing as a Future Land Use was added to the FLUM. While the previous Comp Plan offers recommendations regarding density, the corresponding zone districts Community Housing Medium Density, Community Housing High Density 1 and 2, and Community Housing Mixed Use 1 and 2, have not been applied to the FLUM purposefully to allow the Town of Avon the flexibilityproject design depending on the composition of the housing program being proposed with each project. Through the planning process, evaluating which style of housing, which type of deed restriction will be applied, how many units are suitable, the economics of the project, and how these projects correspond to the underlying parcels regarding water, access, utilities, etc. will be analyzed on a case by case basis as these projects are significantly more complex than standard, free- market developments. ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS EXISTING FLUM wr r�. ! % N Qe- PROPOSED FLUM Future Land Use Map Avon oe,l, an a=en—s Mixed Use CG—,Rublic Regional Commercial Q NeighOorhood Commercial D Light Industrial Commercial =Open Space � Park 0 Residential - Hlgh Density D Residential - Medium Density D Residential - Law Density �Residenlial -Community Housing LJ AvonT n6ourr]arV e k les Rivsrs anO Lakgs — — -- ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS A number of overarching goals and policies provide direction in the following community -wide topic areas: A. Built Form B. Land Uses C. Community Character D. Economic Development E. Housing F. Multi -modal Transportation & Parking G. Environment H. Parks, Recreation, Trails, and Open Space L Public Services, Facilities, Utilities, and Government J. Regional Coordination Each topic area contains one or more goals and several specific policy objectives. Certain goals and policies are more specific and timely than others; however, all goals and policies contribute to the vision of the plan and its implementation. Finally, certain policies interrelate to several topic areas (such as policies that are relevant to both Land Use and Economic Development). E. Housing The Town of Avon seeks to build upon its lonL- history as a hiL-h-amenity vear-round resort communit by adopting the 2021 Avon Community Housing Plan. The Avon Community Housing Plan offers more in- depth goals and policies for greater implementation within the Town. Goal E.1: Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population. Policy E.1.1: Establish policies and programs, which address housing needs that are attainable to different Area Median Income (AMI) ranges. Evaluate the mitigation rate required of development. Policy E.1.2: Encourage private development and partnerships that provide a diversity of housing for local working families. Policy E.1.3: Provide Community Housing through alternative means, including but not limited to: payment -in -lieu, land dedication, regulatory requirements, deed restrictions, use of grant funding, waiver of development and building fees, and public-private partnerships that reduce the price of units. Policy E.1.4: Integrate Community Housing within large developments and throughout Town. ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS Policy E.1.5: Encourage "no net loss" of Community Housing units in redevelopment. PolicyE.1.6.: Actively plan for Community Housing developments on Town -owned lands. Goal E.2: Coordinate with neighboring communities to provide an attainable housing program that incorporates both rental and ownership opportunities, affordable for local working families. Policy E.2.1: Place perpetual deed restrictions on all Town supported housing projects and enforce compliance. Policy E.2.2: Participate in a countywide down -payment assistance program. Policy E.2.3: Collaborate on joint housing studies and strategies. Policy E.2.4: Site Community Housing with multi -modal transportation options and facilities, including bike and pedestrian paths. Policy E.2.5 Continue to provide Town revenues in desirable housing projects. Policy E.2.6 Explore opportunities for conversion of free market housing to increase stock of Community Housing units. Policy E.2.7 Work with owners and associations of deed restricted properties to encourage maintenance and capital improvements of units and properties, including but not limited to evaluating deed restriction modifications, special improvement districts, and capital reserve studies. Policy E.2.8 Ensure that new deed restricted projects require capital improvement and ongoing maintenance reserves. Policy E.2.9 Expand Community Housing programs like Mi Casa Avon to capture affordable rental opportunities. ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS While the Goals and Policies of this plan generally apply to all areas of the Town, the District Planning Principles apply specific planning and urban design recommendations to areas within the Town, stemming from community and landowners input, and existing development rights. Below is a map identifying the Districts. EXISTING DISTRICT MAP ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS PROPOSED DISTRICT MAP DISTRICT NAMES: 1: Town Core District 2: River District 3: Nottingham Park District 4: U. S. 613,1,—, District 5: Village at Avon Umtwt 6: Gulch Are. District 7: Railroad District 8: Open Space District 9:Valley Residential Distrid 10, I-70 Gateway District 11: Northern Residential District ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS District 6: Gulch Area District EXISTING DISTRICT 6 a a(ER,o�FLooP District 6 Screening Trailhead Enhanced Intersection PpmTBgNse m as o� WBEAVEp CREEH BLVD �NqM 'x 'M ycS��gS9 __-___-zf .yy1(FSLN t F)9c�1 5 PE MT N--- SUµp� x RS 9F a esR O F eFq fp 0 750 1,500 Feet Ro - ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS PROPOSED DISTRICT 6 The Gulch Area District is located in runoff areas perpendicular to the Eagle River valley. It includes the Town's only industrial (heavy commercial) center, dense residential development, the Public Works and Transportation Department facilities, a medical facility, and the Joint Public Safety building. These uses provide an important component to Avon's overall economic health. The area's high visibility from 1-70 makes it important to the Town's image. Existing uses on Nottingham and Metcalf Roads are intensely developed with large buildings and need improved investments in architecture and design, landscaping, access, and screening. The Town should work towards improved traffic safety and aesthetics, and support water -conscious landscape conversions. Live/ work development opportunities in the Light Industrial and Commercial zone district that do not possess significant conflicts with surrounding land uses should be encouraged. In District 6 Screening �N Trailhead Enhanced Intersection Gateway TT ` W 86AVER tRE(* eL ✓L� 'U, District 6: Gateway Parcel Or 4 \cam i 0 750 1,500 Feet The Gulch Area District is located in runoff areas perpendicular to the Eagle River valley. It includes the Town's only industrial (heavy commercial) center, dense residential development, the Public Works and Transportation Department facilities, a medical facility, and the Joint Public Safety building. These uses provide an important component to Avon's overall economic health. The area's high visibility from 1-70 makes it important to the Town's image. Existing uses on Nottingham and Metcalf Roads are intensely developed with large buildings and need improved investments in architecture and design, landscaping, access, and screening. The Town should work towards improved traffic safety and aesthetics, and support water -conscious landscape conversions. Live/ work development opportunities in the Light Industrial and Commercial zone district that do not possess significant conflicts with surrounding land uses should be encouraged. In ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS response to the area's high visibility from 1-70, efforts have been made to screen the existing buildings and facilities and ensure that they blend into the surrounding environment. Planning Principles: • Development and redevelopment that occurs here should reflect the standards in Town Center, but should not compete with Town Center in terms of size of buildings or intensity of development. • Enhance the gateway areas of Avon centered around the 1-70 Interchange and round -abouts. • Purposefully site less -desirable elements of design (dumpsters, utility boxes) in less visible locations near gateway areas and development entrances. • Development proposed in these areas should trend towards balancing commercial and residential integration — especially on parcels with "walkable neighborhood" potential. • Screen equipment, storage, and accessory uses with landforms and water -conscious landscaping or no -water alternatives. • Consider building heights and setbacks with respect to existing, surrounding development. • Encourage sidewalks and pedestrian connections for publicly accessible developments. • Limit auto access points to simplify traffic movements. • Minimize significant re -grading and provide minimum on-site parking and access. • Support a reduction of parking for walkable developments. • Preserve trees and landscaping on properties where practicable. • Accommodate residential development that supports primary industrial, commercial, or employment -generating land uses. • Improve the intersection of Metcalf and Nottingham Roads to enhance the entry to Wildridge and provide more direct access from Town Center to Wildridge. • Continue to improve pedestrian connections linking West Beaver Creek Boulevard to Nottingham Road and in gateway areas. • Coordinate with CDOT to introduce trees or creative alternatives on uphill slopes on the 1-70 right-of-way and along Metcalf Road to partially screen buildings and other accessory uses. • Enhance the West Avon Preserve trailhead. • Reduce development intensity when traveling north on Buck Creek Road. ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS Gateway Pa:-.... The aoal of a Gatewav Parcel is to offer a desian element that introduces oeoole enterina Avon by car a sequence of views from the road that will be a welcome feature at Avon's main entrance. This corridor, through a mixture of landscaping that may include a continuous row of low-water shade trees and native plant materials or art with informational signage that provides onlookers a particular sense of place. Placing of utility lines underground, use of ornamental lighting, sign controls, and pedestrian paths may also contribute to the overall imaae of this hiahwav corridor as a sianificant ateway into Avon. Gateway Design Principles: • Materials used in aatewav areas should utilize stone, brick, precast concrete or cast stone, with colors using a Light Reflective Value of sixty (60) or less. • Use of reflective glass or materials are not appropriate for gateway, areas. • Roofs should be pitched using materials that are highly fire resistant, with overhangs and gutters to protect both structures and pedestrians below from snow and water. • Aesthetically unsavory mechanical equipment and items like dumpsters, etc., need to be screened from view from passersby in these visually sensitive areas. -9� District 6: Gateway Parcel Avon Main Entrance F� 0 9cc' iyTF iyTF S' S ��� � T'9TF T'qT N RO TF'Qs � TgTF Ao p�9CCFs`sR '�. 4 Fe FAL The aoal of a Gatewav Parcel is to offer a desian element that introduces oeoole enterina Avon by car a sequence of views from the road that will be a welcome feature at Avon's main entrance. This corridor, through a mixture of landscaping that may include a continuous row of low-water shade trees and native plant materials or art with informational signage that provides onlookers a particular sense of place. Placing of utility lines underground, use of ornamental lighting, sign controls, and pedestrian paths may also contribute to the overall imaae of this hiahwav corridor as a sianificant ateway into Avon. Gateway Design Principles: • Materials used in aatewav areas should utilize stone, brick, precast concrete or cast stone, with colors using a Light Reflective Value of sixty (60) or less. • Use of reflective glass or materials are not appropriate for gateway, areas. • Roofs should be pitched using materials that are highly fire resistant, with overhangs and gutters to protect both structures and pedestrians below from snow and water. • Aesthetically unsavory mechanical equipment and items like dumpsters, etc., need to be screened from view from passersby in these visually sensitive areas. ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS • Solid walls should be limited in length and height to the greatest extent practicable. Landscaped terracing is recommended where possible to provide more of a natural landscape and softer visual appeal for these areas. ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS District 8: Open Space District EXISTING DISTRICT 8 District 8 L �-r C O R O ENUR µrfR.:. a1N FB Ei Fq C R 74l.L I!M&EA m TM bk.Ye Y�R4✓E !/SNWYq DEEA&LVO V FN,�, .3�WV [].VW F S,pkSaGq�A, EACIERD Feet 1' o ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS PROPOSED DISTRICT 8 Avon's key open space is comprised of the steep slopes of the valley wall north of 1-70. The West Avon Preserve includes 11 miles of trails added in 2015, and the East Avon Preserve is planned to include trails. Open space adjacent to town is owned by the U.S. Forest Service. These parcels are important to maintaining the desired character of Avon and for development consistent with the overall land use plan. Loss of these parcels to private ownership and development would eliminate valuable visual and physical buffers between and among developed areas of Town and would deprive citizens of open space and natural habitats. Planning Principles: • Pursue Town acquisition of parcels to be dedicated as open space by working with the local and national land conservation organizations. • Encourage maintained ownership of U.S. Forest Service by collaborating with the agency to improve, utilize, and maintain them as low -impact publicly accessible regions. • Communicate Avon's values and desires with the U.S. Forest Service so that land swaps are unlikely to occur without approval from the Town. • Oppose any possible disposition or degradation of the parcels. • Participate in U.S. Forest Service planning efforts to ensure adequate development and long- District 8 ° w000RusH - so v� z e° 0 0 v� 3 Fox LR U is i ES, VPS RRrERR° 2 N�RSTgT FHLB,°LN F° �✓FR° p Ric D�strlct 12 TALL TIMBER N b h USHWY6 0K.; 3,000 6,000 DEEP DLV° (gR/CSp4RLR EAGLE,?, 'Immmw Feet 6 1�4 Avon's key open space is comprised of the steep slopes of the valley wall north of 1-70. The West Avon Preserve includes 11 miles of trails added in 2015, and the East Avon Preserve is planned to include trails. Open space adjacent to town is owned by the U.S. Forest Service. These parcels are important to maintaining the desired character of Avon and for development consistent with the overall land use plan. Loss of these parcels to private ownership and development would eliminate valuable visual and physical buffers between and among developed areas of Town and would deprive citizens of open space and natural habitats. Planning Principles: • Pursue Town acquisition of parcels to be dedicated as open space by working with the local and national land conservation organizations. • Encourage maintained ownership of U.S. Forest Service by collaborating with the agency to improve, utilize, and maintain them as low -impact publicly accessible regions. • Communicate Avon's values and desires with the U.S. Forest Service so that land swaps are unlikely to occur without approval from the Town. • Oppose any possible disposition or degradation of the parcels. • Participate in U.S. Forest Service planning efforts to ensure adequate development and long- ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS term maintenance of trails and trailheads. Support and cooperate in efforts to bury power lines. ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS District 12: East Avon District G-, &Z RO.9 F10D YODER4 VE U S ywY 6 DEER BLVD N 10�1 0 300 600 900 9200 Feet District 92 LgRvSPURLN EAGLE The East Avon District will be a Communitv Housina neiahborhood connected to Waaon Trail Road and a multi -use path. The district enjoys big views and ample south facing orientation for passive - solar designed buildings. The East Avon District will be connected to and integrated with a trail system on the adiacent District 8 trail system. Development may include a varietv of Communitv Housing types for local workers. Planning Principles: • Orient buildings to capitalize on the southern exposure and views. • Limit building height to a scale that is compatible to the hillside. • Examine the potential to develop pedestrian and bicycle connections to adjacent trail systems, including connections to the United States Forest Service trails. 0 Landscaping will be drought tolerant, with minimal ongoing irrigation requirements. ATTACHMENT D �r Avon COLORADO ORDINANCE 24 -XX AMENDMENT OF THE AVON COMPREHENSIVE PLAN PLANNING AREA DISTRICT 6, THE FUTURE LAND USE MAP, AND LANGUAGE PERTAINING TO COMMUNITY HOUSING WHEREAS, the Town of Avon ("Town") is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority, and privileges to which it is entitled under Colorado law; and WHEREAS, the Avon Town Council ("Council") has the authority to adopt planning documents as described in Section 7.04.010 of the Avon Development Code; and WHEREAS, updates, revisions and amendments to the 2017 Avon Comprehensive Plan were presented to the Avon Planning and Zoning Commission in accordance with the procedures set forth in Section 7.16.030 — Comprehensive Plan Amendment; and WHEREAS, the Town of Avon Planning & Zoning Commission ("PZC"), after publishing and posting notice as required by law, held a public hearing on December 5th, 2023, prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence, and Town Staff reports, and then took action to adopt Findings of Fact and made a recommendation to the Town Council to approve the Application; and WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority granted by the Town Charter, its ordinances, and State of Colorado law, has review and decision- making authority to approve, approve with conditions or deny the Application; and WHEREAS, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, Council held a public hearing on January XX, 2024, and prior to taking final action considering all comments, testimony, evidence, and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, the purpose of this Amendment is to update and modify the Avon Comprehensive Plan specific to planning area District 6, the Future Land Use Map, and certain language pertaining to Community Housing within this particular plan; and WHEREAS, the Application complies with AMC §7.16.010, General Criteria, and is consistent with the Comprehensive Plan community goals in supporting Avon's housing goals; and WHEREAS, the text amendments also promote the health, safety, and general welfare of the Avon community by providing the framework in creating new community housing projects; and Ord 24 -XX Comp Plan Amendment: Community Housing Page 1 of 4 ATTACHMENT D WHEREAS, the health, safety, and welfare of the citizens of the Avon community would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing to provide the public an opportunity to present testimony and evidence regarding the Application, and, that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance prior to any final action prior to concluding the public hearing on second reading. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Comprehensive Plan Amendments. The Avon Comprehensive Plan is hereby amended as depicted in "Exhibit A — Comprehensive Plan Amendments" depicting the language and graphics to be added. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right Ord 24 -XX Comp Plan Amendment: Community Housing Page 2 of 4 ATTACHMENT D or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on HEARING by the Avon Town Council on [ ], 2024 and setting such public hearing for [ ], 2024 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on f 1, 2024. BY: ATTEST: Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: Karl Hanlon, Town Attorney Ord 24 -XX Comp Plan Amendment: Community Housing Page 3 of 4 AVON PLANNING & ZONING COMMISSION Avon MEETING MINUTES FOR TUESDAY, NOVEMBER 7, 2023 1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON) A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS BRAD CHRISTIANSON, KEVIN HYATT, BILL GLANER, ANTHONY SEKINGER, TOM SCHAEFER, AND OLIVIA COOK WERE PRESENT. ALSO PRESENT WERE SENIOR PLANNER JENA SKINNER, AICP, PLANNER 1+ MAX MORGAN, AND PLANNING DIRECTOR MATT PIELSTICKER (REMOTELY. COMMISSIONER COOK LEFT THE MEETING AT 5:55PM. 2. APPROVAL OF AGENDA THE AGENDA WAS APPROVED AS PUBLISHED. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS THERE WERE NO CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION. 4. WORK SESSION WITH CULTURE, ARTS, AND SPECIAL EVENTS COMMITTEE - MULTI -USE SKATE PLAZA CONCEPT REVIEW CASE MEMBERS PRESENT WERE CHAIRPERSON DOUG JIMENEZ, THOMAS WALSH, JUSTIN CHESNEY, THOMAS WALSH, DANIELLE MCNAIR, AND PEDRO CAMPOS. 5. PUBLIC BEARING - MJR23004 PUBLIC WORKS GARAGE PUBLIC COMMENTS: NONE COMMISSIONER SCHAEFER LEFT THE MEETING DURING THIS PUBLIC HEARING, PRIOR TO ACTION, AT 7:30PM. ACTION: COMMISSIONER HYATT MADE A MOTION TO APPROVE THE APPLICATION WITH THE FOLLOWING FINDINGS AND CONDITIONS: 1. THE PROPOSED APPLICATION WAS REVIEWED PURSUANT TO §7.16.080, DEVELOPMENT PLAN, AND THE DESIGN MEETS THE DEVELOPMENT STANDARDS ESTABLISHED IN THE AVON DEVELOPMENT CODE; 2. WITH CONDITIONS, THE APPLICATION IS COMPLETE; 3. THE APPLICATION PROVIDES SUFFICIENT INFORMATION TO ALLOW THE PZC TO DETERMINE THAT THE APPLICATION COMPLIES WITH THE RELEVANT REVIEW CRITERIA; 4. THE APPLICATION COMPLIES WITH THE GOALS AND POLICIES OF THE AVON COMPREHENSIVE PLAN; 5. THE DEMAND FOR PUBLIC SERVICES OR INFRASTRUCTURE EXCEEDING CURRENT CAPACITY IS MITIGATED BY THE APPLICATION; AND 6. THE DESIGN RELATES THE DEVELOPMENT TO THE CHARACTER OF THE SURROUNDING COMMUNITY. CONDITIONS: 1. PROPERTY LINE AND EASEMENT ARE VACATED THROUGH A PLAT AMENDMENT PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 2. LIGHTING PLAN REQUIRED PRIOR TO ISSUANCE OF A BUILDING PERMIT. COMMISSIONER GLANER SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY WITH A 4-0 VOTE. 6. CONSENT AGENDA 6.1. SEPTEMBER 19, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES 6.2. RECORD OF DECISION FOR REZ23001 APPROVED SEPTEMBER 19, 2023 ACTION: COMMISSIONER HYATT MOVED TO APPROVE CONSENT AGENDA. COMMISSIONER CHRISTIANSON SECONDED AND THE MOTION PASSED UNANIMOUSLY WITH A 4-0 VOTE. 7. STAFF UPDATES 7.1. AVON COMMUNITY HOUSING POLICIES 7.2. SLOPESIDE PARCEL ZONE CHANGE 7.3. JUNE CREEK TRAIL EASEMENT 8. FUTURE MEETINGS 8.1. NOVEMBER 21, 2023 8.2. DECEMBER 5, 2023 8.3. DECEMBER 19, 2023 9. ADJOURN THE MEETING WAS ADJOURNED AT 7:44 PM. THESE MEETING MINUTES ARE ONLY A SUMMARY OF THE PROCEEDINGS OF THE MEETING. THEY ARE NOT INTENDED TO BE COMPREHENSIVE OR TO INCLUDE EACH STATEMENT, PERSON SPEAKING OR TO PORTRAY WITH COMPLETE ACCURACY. THE MOST ACCURATE RECORDS OF THE MEETING ARE THE AUDIO RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN CLERK'S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST. APPROVED: CHAIRPERSON PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION A ,von G0L0RA°O DATE OF PUBLIC HEARING: November 7, 2023 TYPE OF APPLICATIONS: Major Development Plan Review (MJR) PROPERTY LOCATION: Lot 1 A — Swift Gulch Subdivision / Tract AA — Mountainstar Subdivision ADDRESS: 500 Swift Gulch Rd FILE NUMBER: MJR23004 APPLICANT: Town of Avon — Engineering Department This Record of Decision is made in accordance with the Avon Development Code §7.16.080(c): DECISION ON MJR23004: Approved w/Conditions FINDINGS: 1. The proposed application was reviewed pursuant to §7.16.080, Development Plan, and the design meets the development standards established in the Avon Development Code; 2. With conditions, the application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. The demand for public services or infrastructure exceeding current capacity is mitigated by the application; and 6. The design relates the development to the character of the surrounding community. CONDITIONS: 1. Property line and easement are vacated through a plat amendment prior to the issuance of a building permit 2. Lighting plan required prior to issuance of a building permit THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY: PZC Chairperson DATE: PZC Record of Decision: MJR23004 Page 1 of 1 Planning and Zoning Commission 2024 Schedule MONTH DATE DAY January 3 -Jan W 17 -Jan W February 6 -Feb Tu 21 -Feb W Marc[ 5 -Mar Tu 19 -Mar Tu Apri' 2 -Apr Tu 16 -Apr Tu May 7 -May Tu 21 -May Tu June 4 -Jun Tu 18 -Jun Tu July 2 -Jul W 16 -Jul Tu August 6 -Aug Tu 20 -Aug Tu September 4 -Sep W 17 -Sep Tu October 1 -Oct Tu 15 -Oct Tu November 6 -Nov W 19 -Nov Tu December 3 -Dec Tu 17 -Dec Tu