PZC Packet 040610 Work SessionHEIL LAW
& PLANNING, LLC
MEMORANDUM
TO: Planning and Zoning Commission, Honorable Mayor Wolfe and Town
Council members
CC: Larry Brooks, Town Manager; Sally Vecchio, Community
Development Director
FROM: Eric Heil, Town Attorney
DATE: March 25, 2010
SUBJECT: Development Code Work Sessions
Summary: A schedule of work sessions has been proposed for review of the draft
Avon Development Code. This memorandum addresses opportunities for public
comments and the Town's existing code amendment procedures.
Public Comment: The March 23, 2010 Public Review Draft of the Avon Development
Code has been posted on the Town's website. Town Staff proposes that the Town not
formally solicit public comments during the work session process. Any public comments
received by the Town Staff prior to the formal public hearing process would be
presented to the Planning Commission and Town Council during the formal public
hearing and adoption process. Town Council previously approved a Zoning Advisory
Committee to provide an open forum for public comments prior to the Planning
Commission and Town Council work session process.
Formal Adoption Process: Avon Municipal Code ("AMC") Chapter 17.28 sets forth
the procedures for amending the Zoning Code. AMC Section 16.04.090 states that the
subdivision regulations may be amended. The notice and hearing procedures in AMC
Chapter 17.28 shall apply to the process to adopt the Avon Development Code and
replace Titles 16 and 17, the Sign Code and Outdoor Lighting regulations in Title 15,
and the Planning Commission provisions in Title 2.
Town Council is required to hold a public hearing on zoning code amendments "no later
than thirty (30) days following the Planning and Zoning Commission action." AMC
17.28.050. Notice of the public hearing must be posted or published at least 12 days
prior the Planning Commission hearing date (AMC 17.12.100(b)) and at least 6 days
prior to the Town Council hearing date (AMC 17.12.100(c)). Any change to the zone
district map must be available for public inspection at least 15 days prior to the public
hearings on such amendment (AMC 17.28.030). Mailed notice to property owners
within 300 feet is not required for general revisions of the zoning code (AMC 17.28.030).
Repeal of the existing code sections and adoption of the Avon Development Code by
the Town Council is performed by ordinance. A final, revised and fully formatted
Development Code will be available for public inspection and comment during the
formal public hearing and adoption process.
Requested Planning Commission or Town Council Action: None.
Heil Law & Planning, <<C Eric Heil, Esq., A.I.C.P.
1499 Blake Street, Unit 1-G Tel: 303.975.6120
Denver, CO 80202 eheil@avon.org
HEIL LAW
& PLANNING, LLC
MEMORANDUM
TO: Avon Planning and Zoning Commission members and Honorable
Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: March 31, 2010
SUBJECT: Avon Development Code General Administration and Review
Procedures
Summary: This memorandum provides an overview of the general administrative and
development application review procedures in Chapters 7.04, 7.08, 7.12, and 7.16 of
the draft Avon Development Code. Major changes from the existing Avon Municipal
Code are highlighted. This memorandum also highlights areas where Town Staff
anticipates refining the draft Avon Development Code language. Revisions include a
mixture of suggestions from Clarion Associates, proposed language from Town Staff
and the Town Attorney, language from the Colorado Model Land Use Code prepared by
the Department of Local Affairs, and sample language from other municipalities.
PZC/Town Council Review: A specific work session has not been scheduled to review
the general administration or review procedures provisions of the Avon Development
Code. If review of any provisions contained in the first four chapters is desired,
Planning and Zoning Commission ("PZC') and Town Council members should raise this
desire with Town Staff at the scheduled work sessions.
Future Amendments: The Avon Development Code may be amended or updated any
time in accordance with the code text amendment process. This process requires a
public hearing by the Planning and Zoning Commission ("PZC'), a public hearing by the
Town Council, and adoption by ordinance. The existing Zoning and Subdivisions
regulations were amended numerous times since the original adoption in 1979 as
indicated by the ordinance number references in various sections. The restructured
format of the Avon Development Code is intended to facilitate future updates and
refinements. Land use regulations generally should be amended to implement the
goals and policies in comprehensive plans, particularly when the comprehensive plan
has been updated or revised.
Chapter 7.04 - General Provisions: Chapter 7.04 General Provisions consolidates the
introductory and general provisions of the Chapter 17 Zoning and Chapter 16
Subdivision. Specific changes are noted as follows:
• §7.04.020 Authority Language expands references to land use regulatory authority
to include all relevant statutory citations.
Heil Law & Planning, <<C Eric Heil, Esq., A.I.C.P.
1499 Blake Street, Unit 1-G Tel: 303.975.6120
Denver, CO 80202 eheil@avon.org
TO: PZC and Town Council
RE: Avon Development Code: General Administration and Review Procedures
DATE: March 31, 2010
Page 2 of 5
• §7.04.030 Purposes Language was revised to clarify and modernize the purposes
of the Avon Development Code. §17.04.020 Purposes and §17.04.030 Intent were
consolidated. NOTE that courts support considering "purpose language" when
interpreting and applying code provisions.
• §7.04.040 Interpretation Language was revised to incorporate additional rules for
interpretation, including language from Colorado Model Land Use Code. NOTE that
§7.04.040(m) provides that the interpretation of the Director may be appealed to
Town Council.
• §7.04.100 Fees This section provides a significant change to the existing Code
because it proposes a "pass through" fee account system whereby the Applicant
must maintain a positive account balance and pay all costs associated with
reviewing and processing a development application. The intent and effect of this
change is that reviewing development applications would be "revenue neutral" for
the Community Development Department. Identification of unusual costs or required
studies would occur at the pre -application conference. The adoption of defined
standards and procedural requirement enables applicants to submit complete
applications which meet the criteria for approval and which should minimize town
review costs.
• §7.04.120 Non -Conforming Uses and Structures This section was duplicated in
Chapter 7.24 Zoning Use Regulations, §7.24.090. Non -Conforming Uses and
Structures will be consolidated in §7.24.090.
• §7.04.190 Enforcement Authority and Procedures This provision was expanded
to define enforcement procedures for non -emergency and emergency violations,
§7.04.190(c).
• §7.04.200 Enforcement Actions and Remedies Language was added to define
the ability of the Director or Town Attorney to enter into "compliance agreements" to
resolve code violations. The ability to approve "compliance agreements" already
exists in the context of settling municipal court violation action. The ability to enter
into compliance agreements administratively provides an option that reduces costs
and expedites resolution of code violations.
Chapter 7.08 Definitions The definitions from the zoning and subdivision chapters
have been consolidated. Although some definitions have been added and others
updated, additional review and revisions are necessary to ensure all terms used in the
Development Code are properly defined.
Chapter 7.12 Development Application Review Authority Chapter 7.12 moves the
administrative code provisions for PZC from Chapter 2 and defines the roles and
authority of Town Council, PZC, the Director and other Town Departments. The
following changes are highlighted:
TO: PZC and Town Council
RE: Avon Development Code: General Administration and Review Procedures
DATE: March 31, 2010
Page 3 of 5
• §7.12.030(d) clarifies that Town Council is the ultimate and final authority on any
land use decision of the Town. This language was included to ensure that the Town
of Avon could only be sued for a decision of the Town Council.
• §7.12.040(b) revises the duties of the PZC to tract the review procedures in the
Avon Development Code.
• §7.12.040(m) This language will need to be refined to coordinate with the
application submittal requirements of the Community Development Department.
• §7.12.040 1 would like to suggest a paragraph defining the grounds and procedures
for removal of PZC members. Although such action is rarely, if ever, taken by
municipalities, I have found it is beneficial to at least have the grounds and
procedures (notice and opportunity for hearing) defined more specifically than by the
state statutes.
Chapter 7.16 Review Procedures Chapter 7.16 sets forth the review procedures for
various development applications. A new table has been created which will replace the
table in Chapter 7.12 and the table in Chapter 7.16.
Table 7.16 —1 Development Application Review Procedures and Authority
Key:
Post Only — notices are only required to be posted and not mailed
Post & Mail — notices must be posted and mailed
DBA — Review authority is determined by the underlying development application
N/A — Not applicable, public hearing and notice are not required
PUD — refers to Planned Unit Development
Prelim — means preliminary
R — review and recommendation
PH -R — conduct a public hearing and provide a recommendation
PH -D — conduct a public hearing and render a decision
D — render a decision
A — review of appeal
Procedure Public Hearing Notice
Requirement
Director
PZC
Town
Council
Comprehensive Plan Amendment Post Only
R
PH -R
PH -D
Code Text Amendment Post Only
R
PH -R
PH -D
Zoning Amendment Post & Mail
R
PH -R
PH -D
PUD
Preliminary Post & Mail
R
PH -R
PH -D
Final Post
R
PH -R
PH -D
Subdivision
Major
Preliminary Post & Mail
R
PH -R
PH -D
Final Post Only R -
PH -D
Minor Post & Mail
R
-
PH -D
Admin N/A
D
-
A
Design
Outside Town Core N/A
-
D
A
Review
In Town Core N/A
-
R
D
Development Plan N/A
D
A
A
Special Review Use Post & Mail
R
PH -D
A
Variance Post & Mail
R
PH -D
A
Alternative Equivalent Compliance DBA
DBA
DBA
DBA
Right -of -Way Vacation Post & Mail
R
-
PH -D
Vested Property Right DBA
R
DBA
PH -D
Appeal N/A
-
*
D
* PZC reviews appeals of the Director's Development Plan decisions.
TO: PZC and Town Council
RE: Avon Development Code: General Administration and Review Procedures
DATE: March 31, 2010
Page 4 of 5
Significant changes to the review procedures are highlighted as follows:
• All development application review procedures include "Review Criteria" which sets
forth the reasons upon which the reviewing authority can approve, approve with
conditions or deny an application.
• PUD and Subdivisions have been both simplified to a two step process, Preliminary
and Final. A two step process should be sufficient with proscriptive standards and
underlying zoning. The simplified process also responds to comments that the
sketch plan process was not meaningful because too little information was typically
submitted to render an informed decision.
• PUDs may be applied to any property in the Town Core regardless of size and to
properties of 10 acres or more outside the Town Core. The Red House Annexation
is the only recent PUD approval which would not be eligible for PUD consideration
under the proposed Development Code. Town Staff will propose additional
language to address PUD amendments and to clarify that an underlying zoning
district must be adopted for PUD amendments in the Town Core.
• Subdivisions have added an Administrative approval category which allows
administrative approval of very minor amendments, correction of errors, and the
division of parcels for duplexes. Town Staff would also like to add the division of
parcels to create town homes up to a maximum of four units to the Administrative
category.
• §7.16.070(g) Public Improvement Guarantee will be consolidated in the general
development standard section.
• §7.16.080 Design Review is included virtually verbatim from the language proposed
by Clarion to ZAC last summer with the exception that projects in the Town Core
would be reviewed by PZC and Town Council would render the final decision. Town
Council review and decision is proposed because it is expected that Town Council
will ultimately review all projects in the Town Core area due to development
bonuses, financial incentives, and use of the Avon Urban Renewal Authority. As
such, it does not seem practical to establish a process whereby Town Council
reviews only portions of such projects.
• §7.16.090 Development Plan is included verbatim from the language proposed by
Clarion to ZAC last summer. The Development Plan process establishes
administrative review for the non -architectural, site design standards.
• §7.16.120 Alternative Equivalent Compliance is a procedure proposed by Clarion
which would allow "variances" from development and design standards without the
requirement to show a hardship but with the requirement that such variance
promotes good design and otherwise meets the purpose of the Code. The process
TO: PZC and Town Council
RE: Avon Development Code: General Administration and Review Procedures
DATE: March 31, 2010
Page 5 of 5
for Alternative Equivalent Compliance would follow the underlying development
application process.
• §7.16.130 Roadway Vacation is a new process which is commonly found in land
use codes. This process tracks and implements the statutory process for vacation of
roadways.
• §7.16.140 Vested Property Right is only re -codified into this Code. No changes
have been made or proposed to this language (NOTE: The currently language is
the subject of the lawsuit by Traer Creek, LLC against the Town of Avon).
• §7.16.150 Appeals is a procedure which allows decisions of the Director or the PZC
to be appealed to the Town Council. NOTE that this procedure is an important piece
of checks and balances in the Town government. Although there is a shift of some
decision making authority to the Director (i.e. Community Development), all
decisions of the Director can be appealed.
Requested Action: No specific action is requested. This memorandum is intended to
provide an overview of the general administration and development application review
procedures in order to accompany and support the topics in the upcoming work
sessions. Town Staff anticipates that discussion of review authority, standards and
procedure will arise during the upcoming work sessions. If PZC or Town Council
identifies specific areas of the general administration or review procedures which
warrant further discussion and consideration, then a specific work session can be
scheduled to address that topic.
Avon Development Code
Commercial Zone Districts
Summary of Changes
April , 2010
The Avon Development Code includes three primary commercial districts for future commercial
development in Avon: Town Center (TC), Mixed -Use Commercial (MC), and Neighborhood
Commercial (NC). Each of these commercial zone districts has been revised to allow a greater mix of
uses and site coverage, particularly in and around Town Center. Development bonuses are also
permitted in these districts. In conjunction with the retirement of the Shopping Center District (SC) and
the Residential -High Density Commercial District (RH-C), these three commercial zone districts are the
primary zone districts intended to create the pedestrian core for Avon. Table 1 provides a list of the
proposed and retired commercial zone districts and Table 2 provides a summary of the specific
revisions to the districts.
The development standards for commercial development (Chapter 17.28) encourage a compact urban
form and pedestrian environment and include requirements for sidewalks, parking, landscaping, open
space, building orientation and massing.
The Industrial District has been retained to allow locations for warehouse and light industrial uses.
Development standards are intended to mitigate external impacts related to outdoor storage, lighting
and adjacent uses.
Table 1 - Commercial Zone Districts
COMMERCIAL ZONE DISTRICTS
District Type
Abbreviation
District Name
Commercial and
Mixed Use
NC
Neighborhood Commercial
MC
Mixed Use Commercial
TC
Town Center
Industrial
IC
Industrial Commercial
Retired
RH-C
Residential Hi Density Commercial
SC
Shopping Center
The Planned Unit Development (PUD) District has been limited to larger parcels (10 acres or more)
and property in the Town Center. Development standards such as density, permitted uses, and building
height are established by the underlying zone district. The PUD would only be used to allow flexibility
in the design of the subdivision so that development could be clustered and common open space
preserved. Figures 1 and 2 illustrate how a PUD would be used to redesign a residential subdivision.
A,xzu
road
■■■■■i
Elsonr
Figure 1 PUD Residential Subdivision Figure 2 Typical Residential Subdivision
Development Bonus
The Development Bonus regulations establish standards for permitting development bonuses in certain
zone districts based on the provision of "public benefits" that meet the Town's community goals (such
as attainable housing). Development bonuses are permitted in the TC, MC and NC zone districts. The
approval of a development bonus would be at the discretion of the Town Council and each project
would be reviewed on a site specific bases. The bonus density standards and formulas are intended to
help avoid challenges based on vague standards or arbitrary decisions.
The public benefits and formulas presented in the Code are based on the Avon Comprehensive Plan
policies (see Exhibit A). Because the Town has discretion in approving the development bonus,
developers may also offer an alternative compliance formula.
Floor Area Ratio
Pursuant to the Avon Comprehensive Plan recommendations, all of the commercial zone districts
include a measurement for floor area ratio (FAR). FAR is a measurement of the bulk of a structure on
the site. It is calculated by adding the area of each floor of the development and dividing that number
by the total area of the lot.
While FAR sets the basic parameters for the building, it also allows the developer to make choices
about the distribution of the building mass on the site. The Comprehensive Plan recommends FAR as a
way to minimize the standardization of building heights and break up building bulk. The diagrams
below illustrate three ways the same 1:1 FAR can be achieved with difference massing on the site:
• Figure 1 shows 1 story covering the entire lot;
• Figure 2 shows 2 stories covering half of the lot; and
• Figure 3 shows 4 stories covering one quarter of the lot
Figure 2
Figure 1
Figure 3
T
a STOMICS
Table 1: Summary of Revisions to Commercial Zone Districts
NEIGHBORHOOD COMMERCIAL (NC)
Purpose: To provide sites for commercial uses and services for the principal benefit of the residents of the community.
Permitted Uses: Commercial Uses and Accessory Apartments.
DISTRICT STANDARDS
CURRENT CODE
NEW CODE
Minimum Lot Size
7,500 sf
3,000 sf
Building Height
35 ft
35 ft: duplex
38 ft: TH, MF, commercial
Front: 25ft
Front: 1 Oft residential/0 ft commercial
Building Setbacks
Side: 7.5 ft
Side: 7.5 ft/ 25ft corner lots
Rear: 10 ft
Rear: 10 ft
Max Site Coverage
50%
60%
Max Density
7.5 du/acre
7.5 du/acre
1:1 FAR
MIXED USE COMMERCIAL (MU)
Purpose: To group and connect places used for work, shopping, education, recreation with residential uses.
Permitted Uses: Commercial, Office, Townhomes, Condominiums, Apartments
DISTRICT STANDARDS
CURRENT CODE
NEW CODE
Minimum Lot Size
43,560 sf
3.000 sf
Building Height
60 ft
35 ft: SF and duplex
60 ft: TH, MF, commercial
Front: 25ft
Front: 10 ft
Building Setbacks
Side: 7.5 ft
Side: 7.5 SF, duplex/0 ft TH, MF, commercial
Rear: 10 ft
Rear: 10 ft residential/5 ft commercial
Max Site Coverage
50%
80%: SF and duplex
70%: TH, MF, commercial
Max Density
20 du/acre
20 du/acre
60 lodge units/acre
1.5:1 FAR
TOWN CENTER (TC)
Purpose: To provide sites for a variety of uses including lodging, commercial and office in a predominately pedestrian environment.
Design standards distinguish is area from others in town.
Permitted Uses: Lodging, Commercial, Office, Townhomes, Condominiums, Apartments
DISTRICT STANDARDS
CURRENT CODE
NEW CODE
Minimum Lot Size
30,000 sf
3,000 sf: residential
Building Height
80 ft
80 ft
Front: 25 ft
Front: 10ft residential/0 ft commercial
Building Setback
Side: 7.5 ft
Side: 7.5 ft/25 ft corner lots
Rear: 10 ft
Rear: 10 ft
Max Coverage
50%
80%
Max Density
30 du/acre
30 du/acre
90 lodge units/acre
2:1 to 3:1 FAR** to be determined
LIGHT INDUSTRIAL & COMMERCIAL EMPLOYMENT (IC)
Purpose: To provides sites for light industrial and mfg uses, wholesale outlets, warehousing and sales offices
Permitted Uses: Light industrial, Commercial, Warehousing, Accessory Apts.
DISTRICT STANDARDS
CURRENT CODE
NEW CODE
Minimum Lot Size
21,780 sf
21,780 sf
Building Height
48 ft
48 ft
Front: 25 ft
Front: 25 ft
Building Setbacks
Side: 7.5 ft
Side: 7.5 ft/ 25 ft corner lots
Rear: 1 Oft
Rear: 10 ft
Max Site Coverage
50%
50%
Max Density
4 accessory unit/property by special review use
4 accessory units/property by special review use
To Planning and Zoning Commission and Town Council members
Fr Sally Vecchio, Community Development Dir.
Eric Heil, Town Attorney
Date April 1, 2010
Re Zonina Oations to Reduce Reliance on PUDs
Town staff received multiple comments from ZAC members encouraging the adoption of "Straight
Zoning" for the Town Core commercial areas whereby the Town would simply adopt zoning that allows
and requires the type of development the Town desires without any uncertainty associated with
negotiations, PUDs or development bonuses. Straight zoning is a traditional option that Avon can use
to reduce its reliance on PUDs. Straight zoning would create a wider range of zone districts with
specific development and design standards and would establish by -right development density that
allows the desired density described in the Town's planning policies. Development impacts related to
affordable housing, transportation, and recreation for example, would be off -set by collecting related
impacts fees (or accepting improvements equal to the cost of the impact fees) from the developer.
Under this zoning scenario, PZC and Council review would be limited to design and architecture.
Impact fees would be collected and spent by the Town to fund required improvements related to the
development. The following standards and impact fees present a basic framework for consideration for
the Straight zoning option in the Town Center zone district.
Basic zoning and development standards would include:
• Minimum Development Density: Town plans support a minimum threshold density — nothing
less than 2:1 FAR should be allowed in the Town Center zone district.
• Affordable Housing: Plans support 20% affordable housing, which should be for -sale, price
controlled, deed restricted (rent controls are illegal in Colorado). Cash -in -lieu should not be
permitted because full-time resident critical mass is desired in Town Core.
• Parking: Existing regulations are sufficient.
• Public Space: A 10% minimum land area for on-site public plaza and/or pedestrian
connections should be required (to be owned, constructed and maintained by property owner
with proscriptive material and design requirements).
• Maximum Building Height: 80ft in the Town Center district, no exceptions would be allowed.
• Building Orientation: Minimum 2 story/maximum 4 story buildings, built up to all sidewalks and
streets.
• Massing: Building height limited to 2 stories at sidewalk. Additional stories must be stepped
back at least 15 ft.
• View Corridor Preservation: Buildings cannot impact view corridors from public streets (views of
Beaver Creek, Game Creek Bowl, and general views of mountain ridges — NOTE: Definition of
protected view corridors must be further defined).
• Parking Structures: Parking Structures above grade must have a building "wrap" design along
streets and pedestrian routes.
• Vertical Mixed -Uses: Vertical mixed -uses must be proscribed (ground floor retail, second floor
office, third floor residential/condos/timeshare) or hotel.
Impact fees would be structured as follows (NOTE: these are rough examples. A formal impact fee
analysis would be required to support the adoption of any new or amended impact fees):
• Parks and Open Space: Fees must be updated (500 sq.ft./residence, $1.5 million per acre (very
low) equals $34/sq.ft., which equals $17,045 per residence). NOTE: this amount only covers
the cost of acquiring park land and does not include capital improvements to parks.
School Site Dedication: Dedication formula should be revised to apply at building permit level for
all residential. Formula assumes that only a fraction of multi -family will be used by families,
which may not accurately reflect the use of residences in Avon. Current formula yields 638
sq.ft./residence (single family and duplex, but it should apply to all residences). At $1.5 million
an acre, this equals $21,658 per residence. Based on current formula, multi -family residential
units would require 117/ sq.ft/unit or $4,000 per residence.
• Fire District: Fees are already in place and collected with building permit issuance.
• Parking: Existing and proposed code language permits satisfying parking requirements through
cash -in -lieu at the rate of $30,000/parking space.
• Transportation Improvements: Transportation Impact Fee would need to be included to provide
funding for buses, bus maintenance facilities, bus stops, and other transit related capital
improvements.
Benefits:
• All projects are treated the same way.
• Predicable process and procedures.
• Eliminates negotiated reviews.
• Development "pays its own way."
Issues:
• All projects are treated the same way.
• Prohibits the ability of the Town to approve additional density on a specific lot or parcel without
amending the Comprehensive Plan and re -zoning the lot or parcel.
• Works best in communities with high growth rates or development activity where enough funds
can be raised to initiate public improvements.
• Design standards may be too prescriptive.
LIMITED BY -RIGHT ZONING WITH A BONUS DENSITY OPTION
The option presented in the Avon Development Code, is to limit by -right zoning density to what is
entitled under the current regulations and offer additional density (pursuant to town goals) in exchange
for specific public benefits such as affordable housing, public spaces and public parking.
If a developer chooses to build within the development limits of the zone district and does not seek
additional density, the project would be administratively reviewed for compliance with the district
requirements with design review by PZC. Town Council would have final design review of projects in
the Town Core.
A developer may elect to apply for bonus density, which could increase density by up to 35% above the
by -right density, which is consist with town's planning policies for commercial development.
2
To achieve the benefits of this zoning scenario, the Code has been revised as follows:
• Basic zoning and development standards have been updated to allow the type of development
density and massing desired by the town, with the same density permitted under current zoning
• Minimum lot coverage and building setbacks have been reduced to allow more flexible
development options at street level.
• Density calculations are based on Floor Area Ratio (FAR), which permits more flexible design
options. (see attached memo for further discussion on FAR)
• Development and design standards can be adjusted administratively for alternative compliance
options.
• New public benefit requirements create a predictable consistent method for achieving
community benefits in exchange for additional development density in areas contemplated for
higher density.
• The Town Council has discretion to approve bonus density and public benefits.
Benefits:
• Council has the discretion to determine whether additional density on a specific lot or parcel is
consistent with achieving Town goals.
• Projects seeking bonus density may seek alternative compliance with formulas to be approved
by Council.
Issues:
• Some developers may consider the Council's discretion to approve bonus density too
unpredictable.
• Developers are not required to comply with a minimum development density.
3
To Planning and Zoning Commission and Town Council members
Fr Sally Vecchio
Date April 1, 2010
RE Commercial Development - Design Tests
In order to determine the effects of the proposed FAR measurements and other
development standards on commercial development, Town staff has conducted "design
tests" on several existing commercial developments in Town Center. The tests compare the
existing zone standards (all PUDs) with the new district standards.
I have attached the test results from the Avon Town Center property and Sheraton Mountain
Vista (at build out), for your review.
The Sheraton build -out FAR (2.7:1) is on the upper end of the base level density that would
be acceptable in the Town Center Zone District.
• The new Town Center Zone District would permit 97 dwelling units by right and up to
131 units with public benefits. Pursuant to a PUD approval the Sheraton was
approved with 239 dwelling units.
• The 100 ft building height could be approved as part of development bonus.
• Most of the required parking for the Sheraton was either waived or accommodated
off-site.
• Public benefits from the Sheraton include 20 affordable housing units and public art
(bronze skier statue).
The Avon Center development was built at a 2:1 FAR with 54% site coverage.
• Under the new Town Center Zone District the project would exceed the allowable
building height and dwelling units.
• The development bonus guidelines would allow the additional building height and
dwelling units with appropriate public benefits.
• Much of the required parking for the Avon Center was either waived or
accommodated off-site.
• The property is currently zoned Town Center, and did not provide public benefits for
the additional building height and dwelling units.
Avon Center
Town Center Zone District
Design Test
Lmi§aing coomoww-k;5
Nelvrc Zoning w/B031 (I'S
Site Coverage
54%
Site Coverage
8 U'YQ
FAR 2:1/
15,5..000 5f
R 2,
193,0Sf
FAR3;ir)
,j
r-1 0
31,5000 Sf
FAR 4.05--1,
312,500 Sf
Dwelling Units
Dwelling Units,
53
%m/max bonw;
Max Bldg I It
97ft
Max Bldg Flt
80 ft
%r/ max bomis
108 ft
Parking Provided
119*
Parking Required
214
Parking Required
214
*phoned for off-site purlqing
E,, istipg/B-uddqM,
Gia rrCtlt Site Coverage 26
4 Buildout 55%
Current FAR 1.4.1 ! 201,422 Sf
Buildout FAR 2.7.1/ 382,211 sf
Site Coverage 8o%
FAR 2,5.1 353„000 sf
FAR 3:1 423,410 sf
FAR 4.05.1 (max 6amws) 571,590 sf
Dwelling Units 239
Dwelling Units
97
cc Buildout
w/max bont1s
131
Max Bldg I -It loo ft
Mitac Bldg Flt
80 ft
,Lv/ max bonus
108 ft
Parking Required 374
a Buildout per PUD
Parking Required
431