TC Ord. No. 24-02 Amending the Avon Comprehensive Plan Planning Area District 6, The Future Land Use Map, And Language Pertaining To Community HousingA
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ORDINANCE 24-02
AMENDMENT OF THE AVON COMPREHENSIVE PLAN PLANNING AREA
DISTRICT 6, 8, AND 12, 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 P 2023, and December
19t", 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 9, 2024, and
January 23, 2024, prior to taking final action considering all comments, testimony, evidence, and
Town Staff reports; and then took action by approving this Ordinance 24-02 on February 13,
2024; 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 24-02 Comp Plan Amendment: Community Housing
Page I
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.
Ord 24-02 Comp Plan Amendment: Community Housing
Page 2
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
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
January 23, 2024 and setting such public hearing for February 13, 2024 at the Council
Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon,
Colorado.
ATTEST:
Miguel Jauregui ctslueva, Towr
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council
February 13, 2024.
ATTEST:
Miguel JaureguCa anueva, Town
APPROVED AS TO FORM:
Nina P. Williams, Town Attorney
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Ord 24-02 Comp Plan Amendment: Community Housing
Page 3
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 At that time the
application of Community Housing' as a use was applied to Town -owned lands only•
however, in all zone districts except for PUDs Community Housing is a permitted use and is
strongly encouraged for any residential or mixed -use developments The specific Community
Housing Zone Districts (i.e., CHMD, CHHD 1 and 2, CHMU 1 and 2) are purposefully not
designated in the FLUM with the intention that the appropriate and specific Community
Housing Zone District necessary for implementation will occur at the time of zoning approval
The future determination of the appropriateness for which the Community Housing Zone
District is to be applied will consider the desired adopted housing plans and strategies the
desired density and housing type, the economic conditions and financial resources and the
availability of infrastructure and transit.
' Community Housing is defined in Avon Municipal Code §3.14.020 Definitions.
ATTACHMENT A
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
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ATTACHMENT A
Exhibit A to Ordinance 24-02
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
1. 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 community
by adopting the 2021 Avon Community Housing Plan. The Avon Community Housing Plan sets forth
specific goals and policies for developing additional Community Housing,
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 H-housing through alternative means, including but not
limited to: payment -in -lieu, land dedication, regulatory requirements, deed
restrictions, use of grant funding, waiver of development and building fees, and
public -private partnerships that reduce the price of units.
Policy E.1.4: Integrate attainable Community H-housing within large developments and throughout
ATTACHMENT A
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
Town.
Policy E.1.5: Encourage "no net loss" of attainable Community Hbousing units in redevelopment.
Policy E.1.6: Actively plan for Community Housing developments on Town -owned lands.
Policy E.1.7: Encourage Community Housing development on non -Town -owned lands as primary
developments, or as a significant component within developmets, whenever practicable.
Goal E.2: Coordinate with neighboring communities to provide are atta+nable Community
Hhousing program that incorporates both rental and ownership opportunities,
affordable for local working families.
Policy E.2.1: Place perpetual deed restrictions on all Town supported housing projects and enforce
compliance.
Policy E.2.2: Participate in a countywide down -payment assistance program.
Policy E.2.3: Collaborate on joint housing studies and strategies.
Policy E.2.4: Site Community attainab4r1-14ousing 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
atta*naCommunity Hhousing 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 Casa Avon! to capture affordable rental
opportunities.
ATTACHMENT A
Exhibit A to Ordinance 24-02
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
DISTRICT NAMES
I Town Core Distncl
2: River Distncl
3. Nnngham Park Distnct
4. U S. 6 Gato—y Dtslnct
5: Village at on Distnct
6' Gulch Area Dnnnd
7- Railroad Dtstnct
8- Open Sp —District
9: Vatley Residential Dtslnct
10 I.70 Gat—y Distncl
11. Nonhem Residental Dtslnct
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ATTACHMENT A
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
PROPOSED DISTRICT MAP
ATTACHMENT A
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
District 6: Gulch Area District
EXISTING DISTRICT 6
District 6
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ATTACHMENT A
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
PROPOSED DISTRICT 6
District 6
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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 I-70 makes it important to the Town's image, particularly, the north side of 1-70 exit 167 as the
Town's westbound 1-70 Gateway.
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 or Community Housing 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.
Future development should follow suit and incorporate these efforts similarly.
ATTACHMENT A
Exhibit A to Ordinance 24-02
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
• 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 as permitted in the Avon Municipal Code Landscaping
provisions.
• �_- Consider building heights and setbacks with respect to with
existing existing surrounding development.
ale that Fn'R*Hg*zesvisibility fFeffl 1 70
• Encourage sidewalks and pedestrian connections for publicly accessible developments.
• Limit auto access points to simplify traffic movements.
• Minimize significant re -grading and provide €eeper_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 -venerating 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.
• Oevetep-Continue to improve pedestrian connections linking West Beaver Creek Boulevard to
Nottingham Road and in gateway, ads.
• Coordinate with CDOT to introduce trees or creative alternatives on uphill slopes ein 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 A
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
District 6's Gateway Parcel
District 6's Gateway Parcel
at the Avon Main Entrance
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The west bound exist of 1-70 at Avon Road is the vehicular primary entrance to Avon for residents and
visitors. Special attention should be given to all design elements 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 strongexample xample of Avon's residential design standards and goals.
Gateway Area Design Principles:
• Exterior sidina used in aatewav 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 gateway 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.
• Unsightly mechanical equipment and items like dumpsters, parking, 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. Landscape terracing is recommended where possible to
provide more of a natural landform and softer visual appeal for these areas.
• Projects should consider the massing and scale of existing neighborhood development and or
maximum redevelopment potential, if underdeveloped, to ensure compatibility of design.
ATTACHMENT A
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
District 8: Open Space District
EXISTING DISTRICT 8
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ATTACHMENT A
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
PROPOSED DISTRICT 8
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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.
0 Support and cooperate in efforts to bury power lines.
ATTACHMENT A
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
District 12: East Avon District
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The East Avon District will be a Community Housing neighborhood connected to Waaon Trail Road
and a multi -use path. The district enjoys extensive views and ample south -facing orientation for
passive -solar -designed buildings. The district is also highly visible from 1-70 and across the Eagle River
Valley. The architectural design of Community Housing on this site should be elevated to demonstrate
a strong example 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 with 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 minority of the
first floor of a structure.
• Use of reflective glass or materials is not appropriate for gateway areas.
• Roofs should be pitched using highly fire-resistant materials, with overhangs that offer visual
relief and with gutters to protect both structures and pedestrians below from snow and water.
ATTACHMENT A
Exhibit A to Ordinance 24-02
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. Where possible, landscape terracing is
recommended 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,
and the United States Forest Service trails.
• Encourage strategic and or creative placement and design of grading and landscaping to
soften the visual impact of structures from 1-70, and to reduce noise for residents.