PZC Packet 061510Memorandum
To: The Planning and Zoning Commission
From: Sally Vecchio, Director of Community Development
Date: June 10, 2010
Re: PUBLIC HEARING to consider the Avon Development Code
SUMMARY
This is a public hearing held by the Avon Planning and Zoning Commission (PZC) to consider
the first comprehensive amendment to the Town's zoning code and subdivision regulations.
This comprehensive amendment re -codifies Title 16 (Subdivision), Title 17 (Zoning) as well as
related sections of Title 2 (Administration & Personnel), Title 5 (Building and Construction) and
Title 8 (Health and Safety) of the Avon Municipal Code and creates a new Avon Development
Code.
The PZC will consider the public testimony given at the hearing tonight before making a
recommendation to the Town Council on the adoption of the Code. The PZC may also opt to
keep the public hearing open while they continue their review of the Code.
BACKGROUND
The purpose behind the new Code as set for the by the Council and Management is threefold:
To raise the standards for development as directed in the Avon Comprehensive Plan (2006).
The Avon Comprehensive Plan has established a clear long-term vision and policies to
guide future growth and create community quality in the town. The Plan also includes a
range of regulatory changes that are needed to realize Avon's vision. Notable among these
are the inclusion of a floor area ratio (FAR) measurement to break up building bulk in the
Town Center, and a wider range and mix of uses throughout the town. In addition, the Plan
identifies a range of topics and issues that are not currently addressed in the regulations
including sustainability -related concerns such as erosion control, water quality and energy
efficiency.
• To introduce more efficiency, predictability, and transparency into the development review
process.
A prevalent concern with the current code is the inadequate requirements of the application
process. The current provisions do not provide adequate guidance on the timing and content
of required submittals, nor direction for how such materials will be evaluated. In the past,
developers have been reluctant to pay for additional studies and reports early in the process
before the Council has given its indication of support. On the other hand, town staff has
been frustrated with its inability to require information in a consistent format that can be
easily evaluated for recommendations to PZC and Council. The consequences of this
tension have been delayed or insufficient submittals and diminished quality of the town
review.
• To update, modernize and improve the usability of the regulations.
The town's basic zone districts have not been updated over time and do not provide a
comprehensive overall system for guiding preferred development patterns and incorporating
design -oriented regulations where appropriate. District standards tend to emphasize single
use, auto -oriented, low-density development patterns.
According to the West Town Center District Plan "The current development
standards (e.g. parking requirements, setbacks and lot coverage) discourage
redevelopment, particularity the denser, mixed-use variety that is essential to
creating a vibrant center and gathering place for the community." (West Town
Center Plan, A.3 Planning Considerations, Redevelopment Potential pg 4).
In general, the usability of the current code is hampered by its organization and format.
Basic regulations pertaining to issues such as parking, landscape, signs and accessory
uses are scattered across multiple sections or chapters of the current code. In addition,
many terms and definitions are outdated, contradictory or redundant.
PROCESS
The Avon Development Code is the result of a nearly 2 year public process that began in
August, 2008 when the Town Council retained the services of Clarion and Associates, a
Denver-based planning consultant firm, to assist the town in preparing a unified land use code
that integrated the town's subdivision regulations and procedures with the zoning regulations
and procedures.
Following the project's inception, the Council appointed a community-based Zoning Advisory
Committee (ZAC) to guide and oversee the project. The 15 -member committee represented a
diverse group of volunteers drawn from the development and construction industries, various
business sectors, and the town's political leadership.
The process of drafting the Avon Development Code included four phases:
PHASE I: PROJECT ANALYSIS
The project kicked off in September 2008 with a series of interviews and meetings with key
stakeholders, town staff, Town Council and PZC members, followed by works session with
the Council and PZC to diagnosis and identify the top priority issues with the current
regulations that the new code should address.
PHASE 2: DIAGNOSIS
Based on the issues identified during the Phase 1 analysis, the Clarion team completed a
diagnosis and assessment of the current regulations (Diagnosis and Annotated Outline
LJanuary 2009). The Diagnosis provided a general overview of the strengths, weaknesses
and challenges in the zoning and subdivision regulations and recommended actions for
creating a new unified land development code. Eight key "themes" or major issues emerged
from the first two phases of the project:
1. Improve Formatting & Organization
2. Improve Content & Timing of Submissions
3. Identify Baseline Development Standards
4. Address Sustainability of Built Environment
5. Improve Public Benefits Process
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6. Modernize the PUD Process
7. Create Appropriate Zone District Regulations
8. Enhance Usability of Subdivision Regulations
PHASE 3: DRAFTING
The Clarion team prepared an initial draft of the new Code based on the recommendations
and goals identified in Phase 2. The ZAC reviewed early drafts of the new Code in 2009 and
the first quarter of 2010. Clarion completed its work on the first draft of the new Code in
March, 2010 which was followed by eight work sessions with the Town Council and PZC for
final policy direction in April and May. The public hearing draft of the Avon Development
Code was published on May 28, 2010.
PHASE 4: PUBLIC REVIEW
Following its public hearing, the PZC will finish reviewing the Code and make a
recommendation to the Town Council. The Council will hold another public hearing before
considering the Code for adoption.
SUMMARY OF THE KEY REVISIONS IN THE NEW CODE
1. Formatting and Organizational Changes
The current zoning and subdivision regulations are contained primarily in five different
chapters of the Avon Municipal Code. The new Code improves the organization of the
current code by consolidating and integrating the subdivision regulations and procedures
with the zoning regulations and procedures. For example, all zoning procedures are found
in Chapter 17.16, all parking standards are found in Chapter 7.28 and all definitions are
found in Chapter 7.08. Additionally, inconsistent and redundant procedures that plague the
current regulations have been removed to make the Code more predictable, transparent,
and clear.
2. Improved Requirements and Processes for Development Submittals (Chapter 7.16)
The Town of Avon has very confusing development application requirements, which have
frustrated developers as well as the town staff. The new Code includes a number of
changes that improve the content and timing of information required for development
submittals along with clear standards for review and approval for all application review
process.
3. Uniform Baseline Development Standards (Chapter 7.28)
The Code includes baseline development standards with town -wide applicability for a broad
range of basic site design and building form aspects. The development standards elaborate
on the concepts and requirements established in the Design Guidelines and the
Comprehensive Plan including:
1. Land uses interconnected with pedestrian, bike and automobile circulation links.
2. A unified and cohesive physical framework and community image with compatible
building orientation, scale, mass, siting, and street alignments.
3. Development that protects and accommodates natural resources.
4. Architectural design, materials, and colors compatible with the town's physical setting
and natural and existing landforms.
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5. Development standards that allow flexibility, individuality, creativity, and artistic
expression.
Along with permitted uses, the zoning regulations are now sensitive to the building form, its
location and relationship to the street and other buildings, the location of parking and
convenient pedestrian access.
4. Sustainability Aspects of the New Code
While the Avon Comprehensive Plan calls for more sustainability building practices, the
zoning code sill reflects standards that are single use, auto -oriented development patterns.
Table 2 provides a summary of the sustainable aspects of the new Code.
5. Updated Commercial Zone Districts (Chapter 7.20)
The Avon Development Code includes three primary commercial zone districts: Town
Center (TC), Mixed -Use Commercial (MC), and Neighborhood Commercial (NC). Each of
these districts has been revised to allow a greater mix of uses and site coverage, particularly
in and around Town Center. The Shopping Center District (SC) and the Residential -High
Density Commercial District (RH-C) have been retired. The Industrial District has been
retained to allow locations for warehouse and light industrial uses. Development standards
in the industrial district mitigate external impacts related to outdoor storage, lighting and
adjacent uses. Table 1 provides a summary of the revisions to the commercial zone
districts.
6. Floor Area Ratio
The commercial district standards also include a Floor Area Ratio (FAR) requirement. FAR
controls the bulk of a building and allows the developer to make choices about the
distribution of the building mass on the site. Together with the Development Standards, the
FAR measurement can help break up building bulk and promote development that is
compatible with the type of pedestrian scaled streetscapes promoted in the Comprehensive
Plan.
7. Development Bonus (Section 7.20.100)
In response to the request for more specific information related to the public benefit process,
the Code includes a Development Bonus option which allows the Town Council to increase
the maximum FAR, density, and/or the maximum building height of a project in exchange for
helping the Town achieve public policy goals. Approval to increasing development density
may, for example, be permitted in exchange for a specific number of affordable housing
units, transportation improvements or other public benefits identified in the Comprehensive
Plan.
The Development Bonus program provides a predictable, consistent process that ties
directly to public policies and community goals. The formulas replace the ad hoc
negotiations that occur under the current PUD process, and allow a developer to evaluate
alternative development scenarios with certain predictability of outcome and early in the
process.
8. Modernized PUD Process (Section 7.16.060)
The new Code limits the use and application of the Planned Unit Development (PUD) to
larger parcels and property in Town Center that may have a measurable impact on the
community. The PUD is also limited to allowing flexibility in the subdivision design
standards so that a development can be clustered and common open space preserved. A
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PUD project will still be subject to the underlying zone district uses, dimensional standards
and development standards. Additional density would be requested through the Bonus
Development process discussed above. Figures 1 and 2 illustrate how a PUD in the new
Code would be used to redesign a residential subdivision.
Figure 1 PUD Residential Subdivision 2 Typical Residential Subdivision
Along with the new commercial zone district standards, and the addition of the development
standards, the new PUD regulations will allow the Town to move away from PUD approvals
for the majority of developments projects. Instead, PUDs will be reserved for major projects
and policy development that could not otherwise occur under the standard zone districts.
9. Improved Subdivision Regulations
The subdivision regulations have been redesigned to work with the zoning regulations to
create a complete land development review process. In the current code, the subdivision
regulations do not include sufficient substantive content to add much to the regulation
process. The new subdivision regulations include updated street design requirements,
standards for open space, specifications for storm water management practices, integration
of the natural environment and requirements for provision of utilities and public facilities.
Moreover, the subdivision review process and Engineering Improvements Standards
(Chapter 7.32) have been integrated into the overall development review process. The
purpose of this change is to have a single approach to development design that reflects the
town's development preferences in categories such as landscaping, street layout, natural
resource protection, pedestrian connections, and parking.
REMAINING CODE MODIFICATIONS
While the May 28, 2010 draft of the Avon Development Code stands as a complete package for
the PZC consideration, there are some revisions that staff expects to make prior to the Town
Council's consideration of the Code for final adoption. These additions include:
A revised development bonus formula which will better incentivize affordable
housing, particularly in the Town Center;
2. Modifications to the parking district and pay in lieu fees.
Staff will provide additional materials on these topics for PZC discussion at the next meeting.
PZC REVIEW AND RECOMMENDATION TO TOWN COUNCIL
The final decision to adopt the Avon Development Code is part of the Town Council's legislative
authority, and the PZC plays an advisory role in the formal adoption process. Specifically, the
PZC role is to review the draft Code at a public hearing, consider public testimony given at the
hearing, and make a recommendation to the Council to either adopt the new Code, to adopt the
new Code with specific recommendations by the PZC or to not adopt the new Code.
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Pursuant to AMC Sec 17.28, the criteria by which the PZC should base its recommendation on
the Code are:
1. Is the Code necessary to respond to changed or changing conditions?
2. Is the Code consistent with the Comprehensive Plan?
3. Whether the Code results in district regulations that are compatible with existing and
surrounding areas or uses; and
4. Whether adequate public facilities are available to serve the type and scope of
development suggested by the Code regulations.
RECOMMENDATION
The PZC should continue its review of the Code in light of the review criteria stated above.
Staff also recommends keeping the public hearing open during the review.
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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: 10ft 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 (MC)
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: 1 Oft 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
x Site Coverage
50%
50%
Density
4 accessory unit/property by special review use
4 accessory units/property by special review use
Table 2: Sustainable Aspects of the Avon Development Code
NATURAL RESOURCE PROTECTION
Section
Numbers
Limits on construction in flood hazard areas
7.28.070(d)
Requires Inventory of site natural resources
7.28.070
Requirements for storm water management
7.28.070(c)
Limits landscape irrigation systems
7.28.050(a)(4)(iv)
Requires management of silos and erosion control during construction
7.28.070(c)
Steep slope protection and minimized grading
7.28.070(a)
TRANSPORTATION
Requires walkways and bicycle baths on a building site
7.28.040(e)
Require short term bicycle parking and storage based on parking
requirements
7.28.030(i)
SITE LIGHTING
Site light pollution control requirements (dark sky)
15.30
SITE DEVELOPMENT
Usable open space requirements for residential developments
7.28.060
Building form and design standards for commercial zone districts brings
building close to sidewalk and reduce visibility of surface parking to create a
more lively pedestrian environment.
7.28.060
Parking reduced for mixed use developments
7.28.030(f)(2)(ii)
Maximum parking requirements for commercial uses
Table 7.28-3
Increased landscaping requirements for off-street parking
7.28.050(q)(3)(iv)
Standards for bike parking
7.28.030(1)
New district requirements in Town Center require vertical mix of uses,
higher densities and connections to transit
7.28.0600)
RENEWABLE ENERGY
Solar equipment standards
7.28.070(g)(2)
Wind Energy
7.28.070(g)(4)
Table 3: Development Review Processes (Chapter 7.16)
Decision Making Authority Matrix
Procedure
Staff
PZC TC
Comprehensive Plan Amendment
Code Text Amendment
Rezoning
Planned Unit Development
Preliminary PUD
Final PUD
Minor Changes from Preliminary PUD
Subdivision Amendment
Right -of -Way Permit
Right -of -Way Vacation
Water Service Agreement
Subdivision Improvements Agreement
Development Agreement
Minor / Administrative Subdivision
Major Subdivision
Preliminary Plan
Final Plat
Variance
Annexation
Minor Development Plan
Major Development Plan
Major Development Plan in Town Core
Special Review Use
Alternative Park Land Dedication Determination
Alternative Equivalent Compliance
Alternative Equivalent Compliance in Town Core
Vested Property Right
Development Bonus
Appeal
*Town Council has final review authority for all procedures, when appeal is processed.