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PZC Packet 121923AVON PLANNING & ZONING COMMISSION MEETING AGENDA A TUESDAY, DECEMBER 19, 2023 MEETING BEGINS AT 5:30PM Avon 100 MIKAELA WAY - COUNCIL CHAMBERS C 0 L 0 R A D 0 MEETING BEGINS AT 5:30 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 #DEB23001 I DEVELOPMENT BONUS: BURTON HOUSE - TO BE CONTINUED TO JANUARY 3, 2024 SENIOR PLANNER JENA SKINNER 4.2. FILE #SRU23001 I SPECIAL REVIEW USE 630A W BEAVER CREEK BLVD ADU SENIOR PLANNER JENA SKINNER 4.3. FILE #CTA23002 I CODE TEXT AMENDMENTS FOR COMMUNITY HOUSING ZONE DISTRICTS SENIOR PLANNER JENA SKINNER 4.4. FILE #CPA23002 I COMPREHENSIVE PLAN AMENDMENTS FOR COMMUNITY HOUSING SENIOR PLANNER JENA SKINNER 5. CONSENT AGENDA 5.1. DECEMBER 5, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES 6. STAFF UPDATES 6.1. HOLIDAY PARTY 7. FUTURE MEETINGS 7.1. JANUARY 3, 2024 (WEDNESDAY) 7.2. JANUARY 17, 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. TO: Planning & Zoning Commission FROM: Jena Skinner, AICP, Senior Planner RE: PUBLIC HEARING: available for rezoning. SRU23001 Special Review Use DATE: December 12, 2023 A . von STAFF REPORT OVERVIEW: This staff report contains the review for a Special Review Use ("SRU") application, necessary for creating an Accessory Dwelling Unit ("ADU") at 630A W Beaver Creek Blvd. SRUs require consideration by the Planning and Zoning Commission ("PZC"). SUMMARY OF REQUEST: The purpose of this application is to create a 650 sq. ft ADU within the lower level of the eastern side of a duplex located on West Beaver Creek Blvd. Zoned Residential Duplex, an Accessory Dwelling Unit is permitted via Special Review Use, as found in Avon Municipal Code ("AMC") §7.24.010 — Table of allowable uses description. There are no specific use limitations, outside of what is required within §7.24.070, Accessory Uses and Structures. The applicable Review Criteria required for this application are detailed within this report, with findings provided for PZC evaluation. The intention of the applicant is to construct a 650 sq. ft. ADU in the basement of the owner's home consisting of two (2) bedrooms, complete with one (1) shower / bath, kitchen, common living area, with a washer and dryer and with a dedicated parking space. The unit utilizes the same footprint as the original structure, accessed at the rear of the dwelling. Parking shall be located in the existing parking area for the residence. A 3' walkway along the east side of the duplex will be provided, connecting the ADU with the existing parking area. Outside of the interior remodel of the unit creating the new residential space, a deck is contemplated, and a Minor Development Permit will be sought in conjunction with the building permit needed to create the ADU, should this SRU be approved. ZONING: The Application is eligible for approval through the SRU permit process, as previously mentioned within the summary. Zoned Residential Duplex ("RD"), according to the AMC: The RD district is established to accommodate single-family and duplex residential development either as single neighborhoods of similar units or in a development with a mix of unit types. This district implements both the residential low density and residential medium density classifications of the Avon Future Land Use Plan and should be located along a local road. 970-748-4023 jskinner@avon.org Page 1 of 8 P - Permitted Use S = Special Review Use Districts in GREY are retired and not Use. Use available for rezoning. Specific Category Use Type Residential INonresidential Regulations RD I RL I RM I RH RH-C NC MC TC I P I PF I IC OLD Residential Uses Household Accessory S S S S S Living DU The intention of the applicant is to construct a 650 sq. ft. ADU in the basement of the owner's home consisting of two (2) bedrooms, complete with one (1) shower / bath, kitchen, common living area, with a washer and dryer and with a dedicated parking space. The unit utilizes the same footprint as the original structure, accessed at the rear of the dwelling. Parking shall be located in the existing parking area for the residence. A 3' walkway along the east side of the duplex will be provided, connecting the ADU with the existing parking area. Outside of the interior remodel of the unit creating the new residential space, a deck is contemplated, and a Minor Development Permit will be sought in conjunction with the building permit needed to create the ADU, should this SRU be approved. ZONING: The Application is eligible for approval through the SRU permit process, as previously mentioned within the summary. Zoned Residential Duplex ("RD"), according to the AMC: The RD district is established to accommodate single-family and duplex residential development either as single neighborhoods of similar units or in a development with a mix of unit types. This district implements both the residential low density and residential medium density classifications of the Avon Future Land Use Plan and should be located along a local road. 970-748-4023 jskinner@avon.org Page 1 of 8 Table 7.20-2 Dimensions for the Residential Duplex District Max. Min. Lot Min. Lot Max. Lot Min. Min. Front Min. Side Min. Rear Max. Max. Density Size (acres Width Coverage Landscape Setback Setback Setback Building Units/ (u/a) or sq. ft.) (feet) (%) Area (%) (feet) (feet) (feet) Height (feet) Building 7.5 11,616 sq. ft. 40 50 25 25 7.5 10 35 2 (5,808 per unit)rip ncipal Ill Accessory dwelling units may be a separate structure from the principal structure or be attached to and integrated as part of the principal structure. All principal uses allowed in a zoning district shall be deemed to include those accessory uses, structures and activities typically associated with the use, unless specifically prohibited in this Development Code. No accessory use may be established prior to establishment of the principal use with which such an accessory use is associated. In this case, the duplex is the principal use, with each'/2 duplex unit or each "single-family" unit, as potentially permitting an ADU through the SRU process. Permitting an ADU is consistent with the residential intentions of this zone district, which supports a mix of lower density unit types. The AMC is silent regarding occupancy of an ADU and does not differentiate an ADU from a primary unit, as it pertains to Short Term Rentals. PROCESS: SRUs are approved by PZC and do not proceed further to Town Council. Town Council acts as an appeal body only with SRU applications. STAFF PZC PZC ANALYSIS & PUBLIC HEARING Record of Decision REPORT DEC. 19 PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on December 6, 2023, and notices were mailed to all adjacent ptoperty owners within 300'. No public comments have been received. OPTIONS: PZC has the following options with the Application: • Approval as drafted • Approval, with changes • Continue Public Hearing to a Specific Date • Denial, with findings DISCUSSION: ADUs as community housing units is being discussed in and around Colorado as a tool to help offset the hosuing crisis. It is Satff's contention that ADUs, intended as a secondary use to a primary residential use is a very useful tool especially in considering this unit for long-term housing and rental income for families, or for housing older adults in lieu of senior independent living housing. The discussion regarding use of the ADU as a dedicated workforce housing unit has not been a formalized conversation in Avon as of yet, however; the Town is aware that there may be many unofficial units out there currently. Also, the Town's Short Term Rental unit licensing provisions are unclear regarding secondary units being available for licensing in duplex structures as it was not necessarily a consideration when the Town revamped this program in 2022. Eagle County currently offers ADU loans (Aid forADUs) as a means for persons to create more of this unit type in unincorporated areas. Staff feels more discussion about the SRU23001 - 630A W Beaver Creek Blvd ADU Dec. 14, 2023 Page 2 of 8 future use of ADUs is pending in 2024 whether it be from a State mandate attempt, or in considering other means to increase our rental units. PLANNING ANALYSIS: The following section includes the applicable commentary and analysis for 7.24.070 Accessory Uses and Structures: ACCESSORY USES AND STRUCTURES, REVIEW CRITERIA: PZC must consider a set of review criteria for land use applications. Specifically, the review criteria for Accessory Uses are governed by Avon Municipal Code ("AMC") §7.24.070, Accessory Uses and Structures and Special Review Uses §7.16.100, Special Review Uses. Staff responses to each review criterion are provided below. (d) General Standards. All accessory uses and structures shall comply with the following general standards: (1) Compliance with this Code: (i) All accessory uses and structures shall be subject to the dimensional requirements of Chapter 7.28, Development Standards. In the case of any conflict between the accessory use/structure standards of this Section and any other requirement of this Development Code, the more restrictive standards shall control. (ii) Accessory uses shall comply with all standards of this Development Code applicable to the principal use with which they are associated. Parking requirements shall be met for both the principal use and any accessory use. Staff Response: The proposed ADU exceeds the maximum 600 sq. ft limitation. The AMC permits an expansion of this limitation via SRU. With approval from the PZC, it is acceptable for this increase in square footage. Staff finds that as this ADU is within an existing structure, it is acceptable to support the additional 50 sq. ft for the unit as there are no visual impacts. The site offers ample parking. An ADU is required to have at least one (1) space, which is being accommodated. This site is situated along a bus route and is within a walkable location. Any parking impacts that may occur affect the primary owner, who will be generally present within the primary unit on an ongoing basis. (2) Location. The accessory use or structure shall be conducted or located on the same lot as the principal use and to the rear of the front setback line, unless otherwise approved by the Director. No accessory structure shall be located within ten (10) feet of the site's principal structure unless otherwise specified in this Section. When located to the rear of the primary structure, accessory buildings need not comply with the side or rear setback lines applicable to the primary structure, provided that the accessory building is not located closer than ten (10) feet from any alley and not closer than five (5) feet from any property line. Staff Response: The application provides the existing dimensional distances for setbacks, and the structure is largely in compliance with all standards, with the exception of the minimum lot width (it appears to be a foot shy of the required 40'). As this ADU is within the existing structure, it does not affect the minimum setback dimensions. The deck application will be evaluated separately. SRU23001 - 630A W Beaver Creek Blvd ADU Dec. 14, 2023 Page 3 of 8 (3) Size. The maximum total size of accessory buildings shall be six hundred (600) square feet unless approved by conditional use permit. No accessory building shall exceed the height of the site's principal structure. Staff Response: Once again, as the ADU is within the existing structure, it is acceptable to support the additional, requested 50 sq. ft for this unit for a 650 sq. ft total. (4) Same Ownership Required. The principal use and the accessory use shall be under the same ownership. Staff Response: This ADU is within the primary structure and cannot be separated. (5) Same Utility Meter Required. The principal use and the accessory use shall utilize the same utility meter, with the exception of an approved accessory dwelling unit. Staff Response: As the unit is within the existing structure, it will not be necessary to get a separate water tap. A letter from the ERWSD has been included confirming this agreement. Since this is an ADU, if separate meters were necessary, it would not affect this approval. (e) Standards for Specific Accessory Uses and Structures. (1) Accessory Dwelling Units. An accessory dwelling unit shall be permitted as a Special Review Use subject to the following standards: (i) Districts Allowed. Accessory dwelling units shall be allowed as accessory uses to principal residential uses in the following districts: RL, RD and RM. (ii) Where Permitted on Lot. A permitted accessory dwelling unit shall comply with all applicable site and building design, access and other standards for principal dwelling units in the zoning district in which the accessory dwelling unit will be located. Accessory dwelling units may be a separate structure from the principal structure or be attached to and part of the principal structure. Recreational vehicles, travel trailers and any other wheeled or transportable structure shall not be used as accessory dwelling units. (iii) Size of Accessory Dwelling Unit. No accessory dwelling unit shall exceed thirty-three percent (33%) of the size of the habitable floor area of the principal unit or six hundred (600) square feet, whichever is less. An accessory dwelling unit shall contain private sanitary facilities with hot and cold running water and cooking and food storage facilities. (iv) Limit on Number. There shall be no more than one (1) accessory dwelling unit on a lot in addition to the principal single-family dwelling. (v) Off -Street Parking. At least one (1) off-street parking space shall be provided for each accessory dwelling unit. Staff Response: The proposed ADU design is appropriate for the site especially since it is within an existing residence and there is no visual impact to neighboring properties. This type of "infill" housing at this location (on a bus route, walkable, near the park) is a good area for persons with only one car as well, as only the minimum, one space is being provided. Having the unit as part of the main structure also lessens any additional building coverage (impervious space) and does not significantly alter any landscaping. SRU23001 - 630A W Beaver Creek Blvd ADU Dec. 14, 2023 Page 4 of 8 SPECIAL REVIEW USE, REVIEW CRITERIA. PZC must consider a set of review criteria when reviewing code changes. The review criteria for Accessory Uses are governed by Avon Municipal Code ("AMC") §7.16.100, Special Review Uses. Staff responses to each review criterion are provided below. (e) Review Criteria. The PZC shall use the following review criteria as the basis for a decision on an application for a special review use: (1) The proposed use is consistent with the Comprehensive Plan and all applicable provisions of this Development Code and applicable state and federal regulations. Staff Response: This application is consistent with the Comprehensive Plan, which supports this type of infill density and use. While this unit is not specifically being reserved for Community Housing, there may be an opportunity for a long-term rental unit, should the owner decide to rent it full time- a welcomed use of the unit. It also allows the owner to remain living in this home fulltime and utilize their existing Short Term Rental ("STR') full license while remaining onsite- also a positive outcome of this approval. To that point, as duplexes are limited to 1 -full license per side of duplex, in order to STR both units a second license must be obtained. The second license would be a STR Limited license, which reduces the amount of days the unit may be rented (see conditions). According to the Avon Housing Community Plan: "Initiatives to update and strengthen housing policies will include the regular review of existing code provisions for opportunities to increase the year-round occupancy of the existing housing stock, including consideration of short term rentals, accessory dwelling units, and lock -off incentives and regulations. Exploring the regulation of accessory dwelling units in the Wildridge Subdivision may result in additional housing options." While this applicant is not responsible for action by the Town to look at these efforts, Staff recognizes that 2024 is an appropriate time to re-examine the AMC to ensure use of an ADU is clearly available for existing homeowners. Further, looking at whether ADUs are welcome in all zone districts may be warranted (as they are limited to only a few), and how ADUs figure into the Community Housing policies and language would also be important to discuss with the PZC and with Council moving forward. (2) The proposed use is consistent with the purpose and intent of the zoning district in which it is located and any applicable use -specific standards in the Development Code; Staff Response: This use is appropriate for the RD zoning in place, as a use available by SRU. Using this process ensures the target site can effectively absorb any impacts and activity the additional space may generate, and conditions for its control can be added as well. If ADUs were permitted as use by right, it is harder to track and to mitigate any impacts that may come up as a result of adding additional persons to an existing property. (3) The proposed use is compatible with adjacent uses in terms of scale, site design and operating characteristics; Staff Response: As mentioned, integrating the ADU into the existing residence maintains the scale of the primary use as it relates to building height and coverage, with no impacts to setbacks, etc. as well. SRU23001 - 630A W Beaver Creek Blvd ADU Dec. 14, 2023 Page 5 of 8 (4) Any significant adverse impacts (including but not limited to hours of operation, traffic generation, lighting, noise, odor, dust and other external impacts) anticipated to result from the use will be mitigated or offset to the maximum extent practicable; Staff Response: With the addition of a secondary residence at this location, there will be additional traffic generated by its implementation, however, the location of this unit is a great area for walking or taking the bus, as it is on both pedestrian and mobility routes. Limiting the number of vehicles that the renter may have, is also beneficial for satisfying this finding. Having the property owner living upstairs ensures no extra cars will be added to the site as well. (5) Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development; and Staff Response: As mentioned previously, all services are available for this ADU with little impact to existing systems. Having an onsite property owner is also beneficial to monitor this use and for safety purposes. (6) Adequate assurances of continuing maintenance have been provided. Staff Response: This use is an important cost to the owner and the property value This effectively ensures that proper maintenance is continued. GENERAL REVIEW CRITERIA. 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 SRU application is complete. Staff believes sufficient information exists to allow the PZC to review the application and the applicable review criteria for this use. This use will not substitutionally affect any existing services, being limited to only 650 sq. ft of living space and as conditioned. SRU23001 - 630A W Beaver Creek Blvd ADU Dec. 14, 2023 Page 6 of 8 RECOMMENDED FINDINGS: SRU23001: 1. The application for an Accessory Dwelling Unit qualifies as a viable use to be reviewed per to §7.16.100 Special Review Use of the Avon Development Code. 2. The proposed ADU application complies with the provisions of §7.24.070, Accessory Uses and Structures. 3. The proposed use is consistent with the Comprehensive Plan and all applicable provisions of this Development Code and applicable state and federal regulations as conditioned. 4. The proposed Accessory Dwelling is consistent with the purpose and intent of the zoning district in which it is located and any applicable use -specific standards in the Development Code in that Accessory Dwelling Units are a permittable use within the lower density zoned areas of the Town of Avon, which includes Resident Duplex zoning. 5. The proposed use is compatible with adjacent uses in terms of scale, site design and operating characteristics, as the ADU is contained within an existing conforming structure. 6. There are no significant impacts to adjacent or on-site uses as conditioned. 7. Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection and roads and transportation, as applicable) are available to serve the subject property and will not necessitate upgrades or cause additional demand beyond existing levels of service for this development; and 8. Adequate assurances of continuing maintenance is satisfactory. General Criteria Findings: 1. The development applications is 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 application complies 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 CONDITIONS: 1. This property is limited to only one (1) Short Term Rental (Full) License for the property owner of 630A W Beaver Creek Blvd., which can only be used for a single unit. If the owner desires to short term rent both units simultaneously, a second Short Term Rental (Limited) License must be obtained by the owner before the onset of STR use for both the primary and secondary units. 2. Parking shall be limited to one (1) vehicle for this use. This parking space shall be made available by the property owner for people renting this unit, at all times. 3. This SRU approval for an Accessory Dwelling Unit shall run with the property, regardless of ownership. SRU23001 - 630A W Beaver Creek Blvd ADU Dec. 14, 2023 Page 7 of 8 RECOMMENDED MOTION: "I move to approve the proposed Accessory Dwelling Unit for 630A W Beaver Creek Blvd. based on the findings in Sections §7.16.070, Accessory Uses and Structures, §7.16.100, Special Review Use and §7.16.0100(1) General Criteria (for an application) incorporating the proposed conditions as recommended by Staff as outlined in the staff report. Thank you, Jena ATTACHMENT A: SRU ADU Application SRU23001 - 630A W Beaver Creek Blvd ADU Dec. 14, 2023 Page 8 of 8 SPECIAL REVIEW USE APPLICATION Permit for Accessory Dwelling Unit Town of Avon, Colorado Application Date: October 26, 2023 Nicole Murad 630A West Beaver Creek Boulevard Avon, Colorado IMAM ARCHITECTURE i DESIGN i STRATEGY TOWN OF AVON - SPECIAL REVIEW USE APPLICATION Accessory Dwelling Unit Nicole Murad 630A West Beaver Creek Boulevard Avon, Colorado 2 TABLE OF CONTENTS 3 INTRODUCTION 1 PROJECT NARRATIVE 4 EXISTING SITE 1 BUILDING DATA 5 PROJECT COMPATIBILITY — RD ZONE 9 COMPLIANCE WITH SPECIAL REVIEW USE 11 EXHIBIT A: ERWSD Email — Ability to serve Project EXHIBIT B: Site Survey (Peak Land Survey dated 07103123) EXHIBIT C: Site Diagram — Ago Studios C 1.0 dated 10126123 EXHIBIT D: Development Plans — ADU — Ago Studio SK -7 dated 10126123 SITE LOCATION — WEST BEAVER CREEK BOULEVARD �] PGI2 AJ■STUDIOS, INC. TOWN OF AVON - SPECIAL REVIEW USE APPLICATION Accessory Dwelling Unit Nicole Murad 630A West Beaver Creek Boulevard Avon, Colorado INTRODUCTION 1 PROJECT NARRATIVE This is an application for an Accessory Dwelling Unit (ADU) in the lower level of the Eastern unit of the existing duplex located at Unit A - 630A West Beaver Creek Boulevard in Avon, Colorado. The proposed ADU is designed to be completely within the existing footprint at the basement level of the existing Unit A of this duplex structure., It is accessed from the existing driveway and parking area adjacent to the front entry and West Beaver Creek Boulevard via a new walkway along the East side of the duplex. The walkway will be constructed with pavers and some concrete steps to provide a minimum three ft (3') wide walkway. Application Request for Increase in ADU Size: This application requests an increase in the size of the ADU from the 600 SF required in 7.24.070.e.1.iii of the Town of Avon Development Code. This application is requesting a modest size increase to 650 SF. Rationale: • Constraints of existing building and existing interior space configuration. o The constraints of the existing exterior wall configuration, existing plumbing and structural elements suggest adding a small amount of additional space to the approved use will make the finished space more comfortable and easier to use within the existing structure. o A small increase in square footage will not increase the number of occupants or significantly alter any responses to life - safety and building code related responses. The ADU being applied for consists of two (2) bedrooms, one (1) shower I water closet configuration, kitchen and wld with a common living area. The parking space required for the ADU is shown on the site plan. The site plan shows areas designated for the four parking spaces required for this site in order to be compliant with the development standards. Three (3) parking spaces for the existing duplex and one (1) parking space for the proposed ADU. Two (2) parking spaces are designated within the existing garage and two (2) parking spaces are available at the exterior paved area on site adjacent to the entry. No site modification will be required to comply with the parking requirement for the proposed ADU. Snow storage areas exceeding the two hundred fifty (250) square foot requirement are shown on the Site Plan C1-0. Within this application is a view of the work being proposed for the exterior deck at the main level above the lower level ADU work. A minor addition to the existing deck is being proposed and is being illustrated to provide a comprehensive view of work being proposed. If approved, the deck will likely be applied for in conjunction with the permit for the work required to develop the approved ADU. The existing landscaping is considered to be mature. There is a minimal need for additional landscaping as a result of this application. Site lighting will be dark sky compliant and will be limited to the entry door to the ADU and lighting along the new walkway. The work required to modify the existing basement will be done in accordance with applicable codes and an approved building permit. We believe this application meets the spirit and intent of the regulations for an ADU for the Town of Avon. It is minimally intrusive on the existing building and site. The ADU will fit within the existing building footprint, Parking and access to the ADU will require minimal site intervention. The increase in density is compatible with RD zoning and this area within the Town of Avon. Q PG 1 3 Ago J■STUDIOS, INC. TOWN OF AVON - SPECIAL REVIEW USE APPLICATION Accessory Dwelling Unit Nicole Murad 630A West Beaver Creek Boulevard Avon, Colorado EXISTING SITE I BUILDING DATA Current Zoning Designation: RD (Residential Duplex) - Currently within Short Term Rental Overlay District Existing Unit A: • Site square footage: .1274 AC (5,549.44 SF) – Source: Recorded Plat – Eagle County / Peak Land Consultants. • Total unit square footage = 3,479.00 SF (Source: Eagle County GIS) • Site Footprint – Unit A: 1600.72 SF • Site Coverage: 28.8% Existing Unit B: • Site square footage: .1226 AC (5,488.5 SF) – Source: Recorded Plat – Eagle County / Peak Land Consultants. • Total unit square footage: 3,479.00 SF (Source: Eagle County GIS) • Site Footprint – Unit B: 1710.5 SF • Site Coverage: 31.1% Total Site square footage: .25 ac (11,037.94 SF) Total Site Coverage Units A & B: 25.3% �— Y. N•sm'w° #C A gig'g II'I gg �m 1o.e6 'jig �10T1------------------- i i .171r0- $178 SITE SURVEY AN)STUDIOS, INC. PG 1 4 TOWN OF AVON - SPECIAL REVIEW USE APPLICATION Accessory Dwelling Unit Nicole Murad 630A West Beaver Creek Boulevard Avon, Colorado PROJECT COMPATIBILITY RESIDENTIAL DUPLEX ZONE 7.20.060 - Residential districts purpose statements. Residential Duplex (RD). The RD district is established to accommodate single-family and duplex residential development either as single neighborhoods of similar units or in a development with a mix of unit types. This district implements both the residential low density and residential medium density classifications of the Avon Future Land Use Plan and should be located along a local road. Town of Avon Requirement Applicant Site MIN LOT SIZE: 5,808 SF / Unit ................. Existing Lot = 5,549.44 MIN LOT WIDTH: 40 Ft .............................. Existing Lot (Min Width) = 38.58 Ft. MAX LOT COVERAGE: 50% ....................... Existing Lot 25.3% coverage MIN LANDSCAPE AREA: 50% .................... Existing Lot - +50% MIN FRONT SETBACK: 25 Ft ..................... Unit B: 27.74 ft I Unit A: 37.80 ft MIN SIDE SETBACK: 7.5 Ft ........................ Unit A: 10'-6" at closest point to property line. MIN REAR SETBACK: 10 Ft ........................ Unit A: 22.88' at closet point to property line. MAX BLDG HT: 35 Ft .................................. Unit A: Bldg Ht unknown. Assume compliance at time of construction. MAX UNITS / BLDG: 2 ................................. Two Units existing Accessory dwelling units are permitted on lots with a single-family structure as a special review use pursuant to Section 7.16.100, Special Review Use. PG 1 5 %-1JESTUDIOS, INC TOWN OF AVON - SPECIAL REVIEW USE APPLICATION Accessory Dwelling Unit Nicole Murad 630A West Beaver Creek Boulevard Avon, Colorado The definition of accessory use in Chapter 7.08, General Definitions, and the general accessory use standards and limitations established in this Section: • Accessory Uses are defined in Chapter 7.08 as follows: Accessory uses are uses of land that are found on the same parcel as the principal use but are subordinate and incidental. • A Dwelling Unit is defined as follows in 13.02.010 Definitions: Dwelling Unit means one (1) or more habitable rooms arranged, occupied or intended or designed to be occupied by not more than one (1) family with facilities for living, cooking, sleeping and eating. The configuration of the proposed unit includes room for one (1) family with facilities for living, cooking, sleeping and eating.as noted in the definition. This proposal meets the definition of accessory and dwelling unit. This application is in compliance with Town of Avon statures. • The purpose and intent of the district in which the accessory use is located: 7.20.060 - Residential districts purpose statements. (a) Residential Duplex (RD). The RD district is established to accommodate single-family and duplex residential development either as single neighborhoods of similar units or in a development with a mix of unit types. This district implements both the residential low density and residential medium density classifications of the Avon Future Land Use Plan and should be located along a local road. Applicant K@sponse The proposed ADU is a modest increase in density meeting the intent of the residential medium density classification of this area location of the ADU is located along Beaver Creek Boulevard West — a local road. • Potential adverse impacts the accessory use or structure may have on other lots, compared with other accessory uses permitted in the district; Applicant Response Due to the fact this application requires minimal site intervention and can be constructed within the walls of the existing unit and the fact this is within a residential medium density area, there should be no adverse impacts from an approved ADU on this site. • The compatibility of the accessory use with other principal and accessory uses permitted in the district. Applicant Response An ADU is permitted within this district and the existing duplex unit meets the development requirements of this zone. This a compatible use within the zone. The Q PG 1 6 Ago J■STUDIOS, INC. TOWN OF AVON - SPECIAL REVIEW USE APPLICATION Accessory Dwelling Unit Nicole Murad 630A West Beaver Creek Boulevard Avon, Colorado General Standards. All accessory uses and structures shall comply with the following general standards: Compliance with this Code: (i) All accessory uses and structures shall be subject to the dimensional requirements of Chapter 7.28, Development Standards. In the case of any conflict between the accessory use/structure standards of this Section and any other requirement of this Development Code, the more restrictive standards shall control. (ii) Accessory uses shall comply with all standards of this Development Code applicable to the principal use with which they are associated. Parking requirements shall be met for both the principal use and any accessory use. Location. The accessory use or structure shall be conducted or located on the same lot as the principal use and to the rear of the front setback line, unless otherwise approved by the Director. No accessory structure shall be located within ten (10) feet of the site's principal structure unless otherwise specified in this Section. When located to the rear of the primary structure, accessory buildings need not comply with the side or rear setback lines applicable to the primary structure, provided that the accessory building is not located closer than ten (10) feet from any alley and not closer than five (5) feet from any property line. Applicant Response The proposed ADU meets the dimensional requirements of Chapter 7.28. This application is requesting an additional fifty (50) square feet of space for the ADU as previously noted. The accessory use is located at the rear of the building and on the same lot and within the existing footprint of the existing building on site. As such we believe this is compatible with the existing zoning and development standards for the site. Size. The maximum total size of accessory buildings shall be six hundred (600) square feet unless approved by conditional use permit. No accessory building shall exceed the height of the site's principal structure. Applicant Response This application is requesting an additional fifty (50) square feet of space for the ADU as previously noted. Should the additional fifty (50) square feet of space not be approved the ADU can be designed to the six hundred (600) square feet requirement. This application has no impact on building height. • Same Ownership Required. The principal use and the accessory use shall be under the same ownership. Applicant Response The applicant will own the building in which the proposed ADU will be constructed, thus being in compliance with this requirement. Same Utility Meter Required. The principal use and the accessory use shall utilize the same utility meter, with the exception of an approved accessory dwelling unit. Applicant Response It is intended the proposed ADU will be on the same utility meter as the Duplex unit in which it will be situated. e) Additional Standards for Specific Accessory Uses and Structures. Accessory dwelling units are permitted on lots with a single-family structure as a special review use pursuant to Section 7.16.100, Applicant Response The proposed unit is on a duplex lot. /�Q PG 1 7 %-1J■STUDIOS, INC. TOWN OF AVON - SPECIAL REVIEW USE APPLICATION Accessory Dwelling Unit Nicole Murad 630A West Beaver Creek Boulevard Avon, Colorado • Special Review Use. • Districts Allowed. Accessory dwelling units shall be allowed as accessory uses to principal residential uses in the following districts: RL, RD and RM. Applicant Response This application is for an existing RD zoned duplex lot. Where Permitted on Lot. A permitted accessory dwelling unit shall comply with all applicable site and building design, access and other standards for principal dwelling units in the zoning district in which the accessory dwelling unit will be located. Accessory dwelling units may be a separate structure from the principal structure or be attached to and part of the principal structure. Recreational vehicles, travel trailers and any other wheeled or transportable structure shall not be used as accessory dwelling units. Applicant Response This application is in compliance with building design, access and other standards for the RD zone district in which it is sited and is in a permanent structure. • Size of Accessory Dwelling Unit. No accessory dwelling unit shall exceed thirty-three percent (33%) of the size of the habitable floor area of the principal unit or six hundred (600) square feet, whichever is less. An accessory dwelling unit shall contain private sanitary facilities with hot and cold running water and cooking and food storage facilities. Applicant Response This application is requesting an additional fifty (50) square feet of space for the ADU as previously noted which is significantly less than 33% of the habitable floor area. The proposed ADU contains private sanitary facilities with hot and cold running water and cooking and food storage facilities. • Limit on Number. There shall be no more than one (1) accessory dwelling unit on a lot in addition to the principal single- family dwelling. Applicant Response Only one (1) ADU is being proposed with this application. • Off -Street Parking. At least one (1) off-street parking space shall be provided for each accessory dwelling unit. One (1) additional off-street parking space is being proposed with this application. Q PG 1 8 Ago J■STUDIOS, INC TOWN OF AVON - SPECIAL REVIEW USE APPLICATION Accessory Dwelling Unit Nicole Murad 630A West Beaver Creek Boulevard Avon, Colorado COMPLIANCE WITH SPECIAL REVIEW USE Purpose. This Section provides a discretionary approval process for special review uses that have unique or widely varying operating characteristics or unusual site development features. The procedure encourages public review and evaluation of a use's operating characteristics and site development features and is intended to ensure that proposed use will not have a significant adverse impact on surrounding uses or on the community at large. Special review uses that may be allowed in each zone district are listed in Table 7.24-1, Allowed Uses. Applicability. A Special Review Use (SRU) permit is required for any use allowed by special review as outlined in Table 7.24-1, Allowed Uses. REVIEW CRITERIA Review Criteria. The PZC shall use the following review criteria as the basis for a decision on an application for a special review use: • The proposed use is consistent with the Comprehensive Plan and all applicable provisions of this Development Code and applicable state and federal regulations; Applicant Response This application is consistent with the Comprehensive Plan and Town of Avon Development Code. • The proposed use is consistent with the purpose and intent of the zoning district in which it is located and any applicable use -specific standards in the Development Code; Applicant Response This application is consistent with the intent of the RD Zone as well as the specific development requirements regulating accessory dwelling units within the Town of Avon Development Code. • This application is consistent with the Comprehensive Plan and Town of Avon Development Code. Applicant Response This application is consistent with the Comprehensive Plan and Town of Avon Development Code. • The proposed use is compatible with adjacent uses in terms of scale, site design and operating characteristics; Applicant Response This ADU application proposes no physical modifications to the existing structure and is therefore compatible with adjacent uses in terms of scale, site design and operating characteristics and is therefore compatible with adjacent uses. • Any significant adverse impacts (including but not limited to hours of operation, traffic generation, lighting, noise, odor, dust and other external impacts) anticipated to result from the use will be mitigated or offset to the maximum extent practicable; Applicant Response This ADU application proposes no physical modifications to the existing structure and creates no adverse impact on hours of operation, traffic generation, lighting, noise, odor, dust or other external impacts and is therefore compatible with this zone and site. Q PG 1 9 Ago J■STUDIOS, INC. TOWN OF AVON - SPECIAL REVIEW USE APPLICATION Accessory Dwelling Unit Nicole Murad 630A West Beaver Creek Boulevard Avon, Colorado • Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development Applicant Response Existing services are able to serve the proposed ADU. See email from Eagle River Water and Sanitation (Exhibit A — this document) regarding their ability to serve this project. • Adequate assurances of continuing maintenance have been provided. Applicant Response Owner resides is duplex unit and will continue to maintain the project. • Snow storage: Snow Removal and Storage. All sites must adequately manage snow on site according to the following minimum requirements: An area equal to twenty percent (20%) of the total impermeable surfaced area of the site, upon which above -ground construction does not occur, shall be designated and developed as a snow storage area. Applicant Response Two (2) snow storage areas exceeding 20% of the impermeable area are designated on the proposed Site Diagram as part of this application. Those storage areas are separated from and do not overlap or encroach upon pedestrian walkways or sidewalks. SUMMARY STATEMENT: Based on our review of the statutes associated with the proposed ADU for the Town of Avon we believe this application; • Is compatible with the Town of Avon Comprehensive Plan and Avon Development Code; • Meets the intent of the RD Zone; • Meets the intent for a Special Review Use approval; • Is in compliance with site development standards for parking, adu size, and location within the RD Zone; • Meets the intent for parking and snow storage; and, • Is compatible with adjacent uses. We believe this application meets the intent and statutory regulations for the Town of Avon for an Accessory Dwelling Unit. /�Q PG 1 10 AiSTUDIOS, INC. TOWN OF AVON - SPECIAL REVIEW USE APPLICATION Accessory Dwelling Unit Nicole Murad 630A West Beaver Creek Boulevard Avon, Colorado EXHIBIT A Eagle River Water and Sanitation Email — Ability to Serve Project Fane ~ ftho tbp. P E. e ff"4h0$t4qMqr+'�A 9+'4 } f3aib; %wow Aay± ockA r 4.2m st 3 42PM TO: rM. CC; Trd FiWy. 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I udpcy6Rrd pprr *w CQ dc*" W%reip wsgmq at no UTm and Trn cv-tnrt.]t:+e Li—" u4 the AKNd vxiar4o aWcc k" PNOM kJ me lmuw rf )lqu tie ;kM QX$LKM Or wn COUM h"C Desi Rogpuc Alda k6wftRL v4w4iN 3taf}gtirpf} A*W4 MON" Ir E "r w9wr a unmi" i"Wd Cna 97.544L.2Sl7 946farwAna vrt CBAi"? ftep w— w -,A vy Clean N'�ar_ Ourlrk L il�" 7 Wwttmt u fa VNivH:r "*ffmw Crawk iPYLU 754MP iww" Ww W04d 2 r$ BLOW I»rrm u"k hM wowop RKA kfia.pdf a[ PGM A9:STUDIOS, INC. From: Chris Green To: Jena Skinner Cc: Nicole Murad Subject: Re: Short Term Rental - ADU Date: Tuesday, December 12, 2023 11:06:00 AM Hi Jena, Our response to your inquiry is below: The owner of the duplex unit (Nicole Murad - applicant) is intending to use the upper levels of the duplex unit as her home - single family residence. Ms. Murad currently has an active Short Term Rental License issued by the Town of Avon. It is issued under Account #009374 for Redstone LTD She would like to maintain the Short Term Rental License and that license would be attached to the lower level ADU rental space being applied for. If Ms. Murad can identify a long-term rental situation that works for her she will entertain that as well as we realize how important this is for the town. Christopher J. Green, FAIA, LEED AP Ago Studios, Inc. Architecture i Design 1 Strategy Studio: (970) 331-6155 www.agostudios.com "Never follow a leader who is more in love with power than people." Native American Proverb Crim, On Mon, Dec 11, 2023 at 2:07 PM Jena Skinner <i skinner e,avon.org> wrote: Chris: I know we discussed Short Term Rentals when we met with Nicole. Can you clarify the intentions of the remining main unit and ADU when it comes to Short Term Rentals? I can't seem to find it in your application. Thanks Jena Skinner, AICP Senior Planner 970-748-4023 0skinner&avon.orq Avon C 0 L 0 RA 00 a a `o d FOUND #5 REBAR & 1.5' ALUM. CAP LS 30091 LOT 8 FOUND #5 REBAR & ORANGE PLASTIC CAPP LS 2183 0 PEAK LAND CONSULTANTS, INC. PEAK LAND SURVEYING, INC. 970-476-8644 FAX 970-476-8616 1000 LION'S RIDGE LOOP VAIL, CO 81657 BEAVER CREEK BOULEVARD _ -1 irTv UGTV 0=1 `09'17" R=4328.70' L=87.24' CH=S89°59157"W 87.24' W �W�W��- N87°17'07"W (80' R.O.W.) UGTV ucry UTILITIES AND EASEMENTS GTV� FOUND #5 REBAR & ORANGE PLASTIC CAP REMNANT LOT 10-A FOUND #5 REBAR & 1.5" ALUM. CAP LS 30091 T ------ T � T UGTV UGE ----UGE- 1 7470.2 I x 7471.2 7469.3 I BEAVER CREEK BOULEVARD (80' R.O.W.) I � � I --Ix 7469.7 \ 1 0 1 / R=4328.70' L=87.24' � 4709 BCH=S89°59'57"W 87.24' 7469.5 \ loll J/7468.9 � j 4 - A=38.32' A=4 .� - - �� x 7468.7 x 7468.9 _ I N00°04'16"W 27.74'7468.9 - J I ACCESS & PARKING EASEMENT 17468.7 I (R.N. 593367) LOT 9A ILO 0.1274 Ac. x7468.4 0630A W. BEAVER CREEK BLVD. i II jj\ I � N 82.26' x 7468.4 06„ E x 7468.3 x 7468.4 i\ 38.41- Cn I �/ \7468.2 7468.0 N82°26'06„E - - LOT 10-A Ln _---- 47.88' -- - - - - - 7467.6 I x 7468.1 - 7468.0 x 7468.2 � I � 7466.5 I I I 7468.3 i 7466.9x I � /15"� i 1 I 7.5' 7468.3 7467.0 CD � 1 I I 9.0 (, I CA w R, I J DECK I zLO x7466.8 I `� 00 a J v I I 9.0 N 7467.6 D Q O LOT 8 `� FF I I I I �� D I I DUPLEX OUTLINE o U, 7470.2' i Z N (PLAT) o co Q .� � m I I � � I � � � 7467.6 z r� >_ LO h I II PROPERTY LINEI \ z C FOLLOWS CENTER 4 0 x7464.3 6S I I OF PARTY WALL x7466.6- FF I \ II 7479.3 +.1Nyti6 7464.6 FF BASEMENT Ix7462.4�� I��\ I 7459.2' T4s I\ L I UPPER DECK I I 15.5' I 7.5 - C I I 7479.1' 1 I LOT 9B 2ND FLOOR � 0.1226 Ac. DECK_- 15_5'cn 0630B W. BEAVER CREEK BLVD. 11.3' __ '(0 7460.4 I 1 7468.9' 7459.2 \ I 7460.9 I i1 11.7, 7459.0 I I c I i 1 1 �� 1 11 X04 Lu J_ -1 74 \ �\ x7458.3 \ \ - x7461.0 - x7461.4^� �0.11 - 18 N o0 �° 3.9' / I 00 I o \ \ --:4 C,4 i -- 7460.2 � UTILITY & DRAINAGE EASEMENT/ J (R.N. 593367) T- COLUMN \ \ o (TYPICAL) \ \ \ \ x 7460.1 x 7460.3 � � x 7458.4 � 12» x 7457.3 46.20%)(7458.4 6.20 1\� \ % / 12 x 7459.6 � -7460 - 38.58' \ - - - N87°17'07"W 84.78'- x 7456.5 4.78'-x7456.5 -- --- - _�� x 7457.3 x 7457.3 7455 TRACT G - _ ----_ STRUCTURES AND TOPOGRAPHY\ - GRAPHIC SCALE 10 0 5 10 20 ( IN FEET ) 1 inch = 10 ft. GENERAL NOTES 1. DATE OF TOPOGRAPHY: JUNE 05, 2023 2. PROJECT BENCHMARK: SECTION CORNER COMMON TO SECTIONS 1,2,11, AND 12, TOWNSHIP 5 SOUTH, RANGE 52 WEST OF THE 6TH P.M.. ELEVATION=7429.00. ELEVATION PROVIDED BY THE TOWN OF AVON ENGINEERING DEPARTMENT. 3. LINEAL UNITS OF MEASUREMENT SHOWN ARE GIVEN IN US SURVEY FOOT. 4. THIS TOPOGRAPHIC MAP IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT. IT IS NOT INTENDED TO RESOLVE ANY BOUNDARY ISSUES THAT MAY EXIST ON THIS LOT OR TO REESTABLISH ANY MISSING LOT MONUMENTS. 5. THE EXISTING UTILITIES SHOWN HEREON ARE FROM MARKINGS FOUND ON THE GROUND. PEAK LAND CONSULTANTS, INC. AND/OR OWNER ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF UTILITIES SHOWN ON THIS MAP. 6. PEAK LAND SURVEYING, INC. DID NOT PERFORM A TITLE SEARCH OF THE SUBJECT PROPERTY TO ESTABLISH OWNERSHIP, EASEMENTS OR RIGHTS-OF-WAY OF RECORD. NO TITLE POLICY OR COMMITMENT WAS PROVIDED TO ESTABLISH THE EXISTENCE THEREOF. BOUNDARIES AND EASEMENTS SHOWN HEREON ARE PER RECORD PLAT. 7. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. LEGEND 1R4 DECIDUOUS TREE WITH APPROX TRUNK DIAMETER � 1K- CONIFEROUS CONIFEROUS TREE WITH APPROX TRUNK DIAMETER p CLEAN OUT FEI TRANSFORMER ® GAS METER ® ELECTRIC METER M WATER VALVE -0- IRRIGATION CONTROL VALVE/BOX FIRE HYDRANT CONCRETE © CATV PEDESTAL TELEPHONE PEDESTAL ROCK WALL ® FLAGSTONE EDGE ASPHALT WOOD FENCE EDGE LANDSCAPE - - - MARKED CATV LINE LINE UGTV MARKED ELECTRIC LINE UGE UGE MARKED GAS LINE -GAS-GAS- MARKED AS GASMARKED WATER LINE W W W SURVEYOR'S CERTIFICATE I, BRENT BIGGS, A PROFESSIONAL LAND SURVEYOR REGISTERED UNDER THE LAWS OF THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS TOPOGRAPHIC MAP WAS MADE BY ME AND UNDER MY SUPERVISION, AND THAT THE MAP IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE. � ♦ #0`� o REc/S�1-, ♦ �,�1 eic . FI DATE: 275980 �•06/22/2023•:�N_; zoNqL• L ANS/%�1 �'0 i// BRENT BIGGS COLORADO P.L.S. No. 27598 FOR & ON BEHALF OF PEAK LAND CONSULTANTS, INC. TOPOGRAPHIC MAP LOT 9A, A RESUBDIVISION OF LOT 9, BLOCK 2 BENCHMARK AT BEAVER CREEK SUBDIVISION, A RESUBDIVISION OF LOT 9, REPLAT OF LOTS 4, 5, 9, 10-A, AND TRACT G OF THE OFFICIAL PLAT -TOWN OF AVON, EAGLE COUNTY, COLORADO AND FINAL SUBDIVISION PLAT -AMENDMENT NO. 4, EAGLE COUNTY, COLORADO DRAWN: KPJ REVIEWED: BB SHEET 1 OF 1 DATE: 06/22/23 PLC JOB#: 162.1 1 f I Y � n AW lot 0 Oft 39.640 -106.531 Degrees 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 14, 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. 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, and in conjunction to introducing new Community Housing zone districts, limited updated to the Avon Comprehensive Plan would be necessary for the Town to move forward with their own project goals. 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, and the previous FLUM designations on Town projects are not fluid enough to support projects beyond typical housing projects. 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 moving forward. More specifically, Town -centered projects. Staff was given direction by Council 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 rezoning Town properties 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 or when there is a 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, and as the more recent Avon Community Housing Plan recommends using Town lands as apriority, this intention needed to be added to the Comp Plan. Effectively, in rezoning properties to CH zone districts eliminates the uncertainty of rezoning to standard zoning and the litany of uses that would come with that action. In emphasizing the desire to use Town - owned lands, additional language to support this action via the Comp Plan is a useful tool. More succinctly: Council directed Staff to amend the Comp Plan to create a gateway into Avon on what has been coined the Slopeside parcel. This predominantly affects District 6, which is the development district for this parcel. • Existing Land Use Designations. When Staff sought to rezone the Slopeside parcel, Council was concerned about using a generalized zone district for a future intention of Community Housing. With the existing FLUM recognizing that PF was tied to Town -owned properties currently, therein 970-748-4023 jskinner@avon.org Page 1 of 10 was a conflict in the FLUM recommendation on these parcels; it was a generic PF future use and if the underlying zoning went to Residential High Density or RH (as was proposed), the Comp Plan would most likely be updated to reflect this generic zoning. Neither PF nor RH are tailored for Community Housing, although both permit Community Housing as a permitted use. Effectively, Public Facility or PF zoning exists on certain Town parcels staff has identified for Community Housing, as does the existing FLUM. It is reasonable that these lands were rezoned to preserve these parcels for general Town use, however; it is not directly suited for residential so much as it is for municipal projects or design, nor does it support a mixture of deed -restricted and free-market (non -Town) housing units; nor the implementation of commercial uses that may be needed to support housing projects as an offset to costs. The new Community Housing zones prepare parcels for CH without using a Planned Unit Development ("PUD") — a customized zone district. (The intention and dimensional limitations for of Public Facilities and other mixed-use zoning can be found HERE.) • 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 without the uncertainty of using a standard zone district offering more than just the potential for Community Housing. 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 (see example HERE). Having specific CH zoning is similar to how other similar jurisdictions manage Community Housing; Vail is a neighboring jurisdiction that also has a similar zoning intention. Other amendments to the Comp Plan that needed updates in order 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. PLANNING & ZONING COMMMISSION REVIEW COMMENTS (December 5): The proposed Code Text Amendment and Comp Plan Amendment application was examined by PZC on Dec. 5, 2023. The PZC had some general concerns when looking down the road at potential projects, and the code in general. The following is a capture of this initial discussion: Comments from 12/5 Future Land Use Map — The FLUM shows three new properties with Community Housing designation: Hidden Valley, East Avon, and Slopeside. Consider adding an overlay or some type of visual representation (e.g. cross -hatched) instilling additional Community Housing in the valley floor in areas that are shown as Mixed Use. Parking Concerns — While not directly related to the Code Text Amendment or Comp Plan Amendment, reductions in parking for Community Housing projects should be reviewed with caution. Table of Allowed Uses — There was a general discussion about the table, how it was developed, and if the absence of a `S' or `P' meant that a use was prohibited. PZC was invited to review the new Community CTA23002 Community Housing Zone Districts; CPA23001 — Comp Plan Amendment Community Housing Dec. 14, 2023 Page 2 of 10 Housing columns in more detail before the next hearing, and that further changes to the table that were not related to this CTA would be handled with forthcoming code amendment process. Rail Corridor - The Comprehensive Plan should acknowledge the possibility of using the rail line for local transportation. Demand on Public Services and Infrastructure — the Comp Plan review criteria that deal with potential increased impacts on services should be expanded. Perhaps explain the difference between the impact of these land use applications and future Community Housing projects. Community Housing projects will be reviewed on a case by case basis with analysis of impacts on public services. Changes to the code and/or Comp Plan by themselves is not impacting public services or infrastructure by themselves. While very helpful to consider the information found in the following summary, it is important to note that this scope of these applications is specific to process and not to development review itself. Staff has updated this report to clarify some of these concerns, however; focus remains on the Community Housing zone districts and comp plan amendments as directed by Town Council. 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 December 19/23 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. CTA23002 Community Housing Zone Districts; CPA23001 — Comp Plan Amendment Community Housing Dec. 14, 2023 Page 3 of 10 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 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 CTA23002 Community Housing Zone Districts; CPA23001 — Comp Plan Amendment Community Housing Dec. 14, 2023 Page 4 of 10 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: • 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 CTA23002 Community Housing Zone Districts; CPA23001 — Comp Plan Amendment Community Housing Dec. 14, 2023 Page 5 of 10 and approval authorities as it is a tailored zone district, eliminating the need for the use of PUD zoning. Each zone district includes unique setbacks, coverages, heights, etc. that reflect the intention of providing a baseline of a max scale and/or massing impacts as they relate to design, and as well for the uses of the possible development, for specific areas of the Town. Public Facilities, while allowing Avon employee and workforce housing as a use, is a generalized zone district more tailored to municipal function rather than for residential development. This is demonstrated in looking at the larger more commercial setbacks. It is staff's contention that it is appropriate to rethink the use of PF for Town purposes. Mainly, the extreme cost to construct housing- especially when considering targets based on income in that it requires a maximization of the site, and that specific zoning tailored for Community Housing is a common planning concept in zoning codes, as a tool which more effectively supports housing efforts. Excerpt from 7.20.080 Mixed-use and commercial districts purpose statements, as it compares to the (e) Public Facilities (PF). The PF district is intended to provide sites for public uses such as community centers, police and fire stations, governmental facilities, government employee housing, and Community Housing. The uses permitted in this district are identified by location in the Avon Comprehensive Plan. Unless otherwise set forth in the Avon Comprehensive Plan, the following dimensional requirements shall apply for the Public Facility (PF) zone district: Table 7.20-11 Dimensions for the Public Facilities District Max. Min. Lot Min. Lot Max. Lot Min. Front Min. side Min. Rear Max. Max. Density Size (acres Width Coverage Setback Setback Setback Building Units/ units/acre ors . ft. feet NO (feet) feet feet Height feet Lot nla nla 40 60 20 20 20 40 nla Proposed District: • Community Housing Medium Density. The CHMD district is established to accommodate small single-family, 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. Tahle 720-6 Community Housing Medium Density Dwelling Type Max. Densit Max. Units Min. Landscape Max. Lot Coverage Min. Front Min. Side Setback feet Min. Rear Setback feet Max. Building Height (feet) units/acre Per Buildin Setback feet ALgLaj NO Du I Multi- 10 du/ acre Nla 10% 80 10 7.5 10 35 family / TH In summary, having zone districts for use in Community Housing does not take away or modify Avon's other zoning intentions, rather; if offers the opportunity to "simplify" a Community Housing development when using this type of zoning because the "one size" of standard zoning does not fit all situations- especially CTA23002 Community Housing Zone Districts; CPA23001 — Comp Plan Amendment Community Housing Dec. 14, 2023 Page 6 of 10 when PUD zoning is no longer a preferred method to "sidestep" the requirements of standard zone districts. 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. CTA23002 Community Housing Zone Districts; CPA23001 — Comp Plan Amendment Community Housing Dec. 14, 2023 Page 7 of 10 (6) The proposed plan amendment will promote the purposes stated in this Development Code; and 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 and Comp Plan Amendment is complete. Staff believes sufficient information exists to allow Council to review both applications with the applicable review criteria per application. Neither the Code Text Amendment or Comp Plan Amendment application will impact demands for public services or infrastructure because neither of these applications are a development application. These applications will add tools and more of an intention on Town properties, and in supporting the existing development code while enhancing the Town's tools in helping to focus on and improve Avon's housing situation. Specific to (iv), the General Review Criteria provisions are geared towards development applications, to ensure that a new development plan will not injure or cause major disruptions for existing CTA23002 Community Housing Zone Districts; CPA23001 — Comp Plan Amendment Community Housing Dec. 14, 2023 Page 8 of 10 development. Amending the Future Land Use Map or adding zoning choices will to not undermine or eliminate the need for zoning and actual development review. And of major importance, Avon's infrastructure has been constructed under the assumption that all properties are maximized, which they are not, but, each "true" development application that results in construction will be reviewed on a micro -scale when they present themselves, to further analyze and ensure that modifications to public services or infrastructure are warrented. A good example of when this happens is when a traffic analysis demands that add another lane is to added to a roadway if traffic is increased, etc. Neither this Code Text Amendment nor the Comp Plan Amendment results in construction and as such, does not affect impacts to services or infrastructure. When an actual Community Hosuing project is applied for, Staff will once again, evaluate that project against these findings. 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; CTA23002 Community Housing Zone Districts; CPA23001 — Comp Plan Amendment Community Housing Dec. 14, 2023 Page 9 of 10 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 that results in a physical project that utilizes public services or infrastructure. 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 ATTACHMENT A: Title 7 Amendments ATTACHMENT B: Draft Ordinance: CTA23002 ATTACHMENT C: Proposed Comp Plan Amendment ATTACHMENT D Draft Ordinance: CPA23001 CTA23002 Community Housing Zone Districts; CPA23001 — Comp Plan Amendment Community Housing Dec. 14, 2023 Page 10 of 10 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 CommunitV 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 CommunitV 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 Dwelling 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 ffeet Building Area. f %) Du / Multi- 10 du/ acre N/a 10% 80 7.5 - 35 familV / TH (e) Community Housing High Density —1. The CHHD district is established to accommodate multi- familV 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 arade Darkina. 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 — 2. The CHHD-T district is established to accommodate multi- family development in cost effective configuration, construction type and density that permits a high 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 —1. 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. 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 He 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 — 2. 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 U 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 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 ENACT 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, and December 10, 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. Community Housing was added to the FLUM as a Future Land Use in 2024. The Community Housing use has been generally designated for different areas; however, the specific Community Housing Zone Districts (i.e. CHMD, CHHD 1 and 2, CHMU 1 and 2) have not been designated in the FLUM with the intention that the specific Community Housing Zone District would be determined at the time of zoning approval. The appropriate Community Housing Zone District would be determined in the future by considering desired adopted housing plans and strategies, desired density and housing type, economic conditions and financial resources, and availability of infrastructure and transit. ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS EXISTING FLUM d iyQad ..' I N PROPOSED FLUM Future Land Use Map = z Avon INA—d...oesnrcauonsATzetl Vsep "'-� r"y" �� + r - li 1 J �Regignal Commercial Neighbd in.d Commercial Light lnduetnal Commer-i + L'� Open space lid QPaReS dentia) -High Density Residential - Medium Density - ,u 0 Residential - Low Density = Residential-Communly Housing OAvonT n9ouNary e ,es 0 Ruaa � i t � 1 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 long history as a high -amenity year-round resort communitti by adopting the 2021 Avon Community Housing Plan. The Avon Community Housing Plan sets forth specific Roals and policies for the development of additional Communitv Housine. 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 attainable Community hHousing 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 attainable Community-hHousing 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" ofa attainable Community hHousing units in redevelopment. Policy E.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 attainable Community-hHousing with multi -modal transportation options and facilities, including bike and pedestrian paths. Policy E.2.5 Continue utilizing existing revenues dedicated for Community Housing and explore opportunities for additional revenues. Policy E.2.6 Explore opportunities for conversion of free market housing to increase stock of Community attainable 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 iMi CasoAvon! 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 DISTRICTNAMES: 1: Town Care Distnct 2: River District 3' Nc rgham Park District 4: U.S. 6 Gateway District 5: Village atA— DlstnCt 6: G. grea Dlstrid 7: Railroad District 8:Open Space Distract ,J: Valley RestdertiI District 10: 1-70 Gatevray District 11: Northern Residential Distinct ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS PROPOSED DISTRICT MAP DISTRICT NAMES: 1: Town Core District 2: River District 3: Nottinghs m Park District 4' U.S. 6 Gateway District 5: Village at Aeon Distract 6' Gulch Area District 7: Rallm d District 8: Open Space District 9: Valley Residential District 10: 1-70 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 SADO 11GELOOP District 6 `�. Screening Trailhead 3 Enhanced Intersection pAnTeRGsd J� �O o� WBEq vER CREEI(BLVD �Kq� 'x t L SJN aq x fgsfq�' f� 9yfa� o 5 �,s00 �^�R DS as e Feet ' R 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 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. District 6 Screening IN Trailhead Enhanced Intersection Gateway `a TT weEA � �H .Excaecx eLw �4,, District 6: e� Gateway Parcel \ �T 'wG lcS/y ye 4F'l Fo 5i W N so 4D pp �9s F % IlkvI 3� 0 7561,500 osaWYe'eR4�H Feet NR, 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 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. ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS 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. • Puroe5efully site less desirable elements of de5fficin (dwmo5ter5, utffil*tv boxes) in less visible 'OEat*en5 near gateway areas and develepment entranEe5. Locate or shield unsightly accessory structures, infrastructure, and equipment so they are not visible from gateway, areas (e.g. dumpsters, utility boxes). • 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. • Limit Consider building heights and setbacksto be with respect to the 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 prevfde4ef rp ovide preper 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. • DeveFep--aContinue 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 o+n 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 Parcel The west bound exist of 1-70 at Avon Road is the vehicle primary entrance to Avon for visitors. Special attention should be given to all design elements in order to create an attractive first impression of the Town of Avon. An entry monument sign with upscale design that incorporates contemporary mountain architecture, natural elements and other design elements which reflect Avon's culture is appropriate. The entry monument sign should establish a sense of arrival to the Town of Avon. The architectural design of Community Housing on this site should be elevated to establish a strong example of Avon's residential design standards and goals. a-s-e�e ef vffiew5 ffeFn the read that will be a we'EeFne feature at Aven's n9affin entrang �.' Eerr*der, through a mixture ef 1andSEap*ng that may *nElude a Eent*nueus rew of low water shade trees and _ ri-a e-f3ra-rrr-n rcrrmms-or art =vvFucrorrar�nuoe that -provides onlookers -a-paTRc� •9iyj District 6: Gateway Parcel Avon Main Entrance F� 0 ?o iNT R4 F RS�gTF'o � p ACCFss4 O Fe The west bound exist of 1-70 at Avon Road is the vehicle primary entrance to Avon for visitors. Special attention should be given to all design elements in order to create an attractive first impression of the Town of Avon. An entry monument sign with upscale design that incorporates contemporary mountain architecture, natural elements and other design elements which reflect Avon's culture is appropriate. The entry monument sign should establish a sense of arrival to the Town of Avon. The architectural design of Community Housing on this site should be elevated to establish a strong example of Avon's residential design standards and goals. a-s-e�e ef vffiew5 ffeFn the read that will be a we'EeFne feature at Aven's n9affin entrang �.' Eerr*der, through a mixture ef 1andSEap*ng that may *nElude a Eent*nueus rew of low water shade trees and _ ri-a e-f3ra-rrr-n rcrrmms-or art =vvFucrorrar�nuoe that -provides onlookers -a-paTRc� ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS Gateway Design Principles: • ""* Exterior siding used -in gateway areas should utilize stone,IF precast concrete or cast stone, with colors using a Light Reflective Value of sixty (60) or less for the foundation and for a majority of the first floor of a structure. • Use of reflective glass or materials are not appropriate for clateway areas. • Roofs should be pitched using materials that are highly fire resistant, with overhangs that offer visual relief and with gutters to protect both structures and pedestrians below from snow and water. •AesthetoEally unsavery Unsightly mechanical equipment and items like dumpsters, etc., feed teshould be screened from view from passersby in these visually sensitive areas. • . Walls should incorporate horizontal and vertical articulation and architectural elements to break up massing and avoid design monotony. 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 WooDRU5N 4� ell Op 2 jt O� 3 a. q ERga o Q EyVRp�N � F4Srq Fe F9�F4 C 7AlL TM1IIfiFR m N 9 y�6 Y�4Egq� usyHye (Q� 00/y�0 /� � 6:0 /�W DEER &!VO �4Rk'Si'Gq�y £Ar+CE Ra =3, Feet F`y ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS PROPOSED DISTRICT 8 District 8 W000Rusu U� Q Ilk RAtF p RqA ¢ EyLR�fN Fg�4L N�R.STAT a F�''CgF Disfricf 12 TALL TirnBER m syr N c ypaeRAyE n �SHWyb DEER a vD FAGLERp C Feet J 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- 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 �NT�'QST cy'Qo w YppER q VE USHWY6 DEER BLVD N Ff 0 300 600 900 1200 �<41 Feet District 12 LARKSPUR4N EAGLE The East Avon District will be a Community Housing neighborhood connected to Wagon Trail Road and a multi -use path. The district enjoysbig views and ample south facing orientation for passive - solar designed buildings. The district is also highly visible from 1-70 and from across the Ealge River Valley. The architectural design of Community Housing on this site should be elevated to demonstrate a strong eq xample of Avon's residential design standards and goals. The East Avon District will be connected to and integrated with a trail system on the adjacent District 8 trail system. Development may include a variety of Community 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. • Exterior siding in gateway areas should utilize stone, precast concrete or cast stone, with colors using a Light Reflective Value of sixty (60) or less for the foundation and for a majority of the first floor of a structure. • Use of reflective glass or materials are not appropriate for _aq teway areas. • Roofs should be pitched using materials that are highly fire resistant, with overhangs that offer visual relief and with gutters to protect both structures and pedestrians below from snow and water. ATTACHMENT C Exhibit A to Ordinance 24 -XX COMPRHENSIVE PLAN AMENDMENTS • Unsightly mechanical equipment and items like dumpsters, etc., should be screened from view from passersby in these visually sensitive areas. • Walls should incorporate horizontal and vertical articulation and architectural elements to break up massing and avoid design monotony. Landscaped terracing is recommended where possible to provide more of a natural landscape and softer visual appeal for these areas. • Development should include pedestrian and bicycle connections to adjacent trail systems, including connections to the United States Forest Service trails. 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, and December 10, 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, DECEMBER 5, 2023 1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON) A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS BRAD CHRISTIANSON, KEVIN HYATT, BILL GLANER, ANTHONY SEKINGER, AND OLIVIA COOK WERE PRESENT. ALSO PRESENT WERE PLANNING DIRECTOR MATT PIELSTICKER AND PLANNER 1+ MAX MORGAN. COMMISSIONER TOM SCHAEFER WAS NOT IN ATTENDANCE. 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. 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 ACTION: COMMISSIONER COOK MADE A MOTION TO CONTINUE THE APPLICATION TO THE DECEMBER 19, 2023 PZC MEETING. COMMISSIONER CHRISTIANSON SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0. 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 ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER HYATT SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0. 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. THE MEETING WAS ADJOURNED AT 6:23 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: X CHAIRPERSON