PZC Packet 070610Memorandum
TO: The Planning and Zoning Commission
FROM: Sally Vecchio, Director of Community Development
DATE: July 2, 2010
RE: Avon Development Code
SUMMARY
This is the second hearing to consider a comprehensive amendment to the Town's zoning code
and subdivision regulations. The new Avon Development Code re -codifies Title 16
(Subdivision), Title 17 (Zoning) and includes related sections of Title 2 (Administration &
Personnel), Title 5 (Building and Construction) and Title 8 (Health and Safety) of the Avon
Municipal Code.
On June 15, 2010, the PZC held a public hearing on the new Avon Development Code
released on June 1, 2010. The PZC received two letters from the public, and testimony from
two members of the public. g. Following the discussions the PZC directed Staff to respond to
the comments received at the hearing and agreed to continue the public hearing to July 6, 2010.
RESPONSE TO PZC AND PUBLIC COMMENTS
1. Consider eliminating parking requirement for outdoor dining areas.
Staff Response: Restaurants and other food service uses are required to provide one parking
space per 60sf of seating "including outdoor/patio areas" (Table 7.28-3). The purpose of
including outdoor seating areas in the parking calculations is to ensure sufficient parking in
higher density areas such as town center, and also to address the possibility of a
disproportionately large outdoor patio area and the associated parking demand that may not be
appropriately accommodated.
It has been suggested that the outdoor dining areas should not be part of the parking
calculations because such outdoor seating provide vitality to commercial areas and generally
have a de minimus impact on parking demand. Staff agrees that the outdoor seating area is an
accessory use to the primary indoor seating area of the restaurant. In order to address the
increased parking demand caused by a disproportionately excessive amount of outdoor seating,
Staff recommends limiting the size of the outdoor patio area that is exempt from requirement
parking.
Recommended Revision to Table 7.28-3:
Commercial Uses
General Commercial Uses unless
otherwise stated
4 per 1000 sq. ft. GFA
Food and
Restaurant, Bars,
1 per 60 sq. ft. of seating area—,-H+el+idJ*g
Beverage
Taverns
Services
eutstd� —
*Outside Dining areas that are less than 25% of the primary indoor seating area of a restaurant shall be
considered accessory seating areas and shall not be included in the required parking calculations.
Outdoor dining areas that are 25% or greater than the indoor seating area of the restaurant will be
included in the seating area square footage for purposes of calculating code -required parking.
2. Consider including Assisted Living Facilities (ALF) in all residential zone districts.
Staff Response: According to the Colorado Department of Public Health, Assisted Living
Residences range in size from 3 to more than 200 beds. The most common reasons for
admission to assisted living residences are medication management, bathing and dressing
assistance, and the need for protective oversight and supervision. Assisted living residences
provide room, board and at least the following: personal services, protective oversight, social
care and regular supervision available on a 24-hour basis.
ALFs are listed under the "Group Living" category in the Use Summary Table 7.24-1. ALF's are
allowed by Special Review Use (SRU) in the Residential Medium (RM), Residential High (RH),
Neighborhood Commercial (NC), and Mixed -Commercial (MC) zone districts. In addition; the
Town Administrator has the authority to make reasonable adjustments to the zone district
regulations (e.g., height, setbacks, occupancy) to permit housing for people with disabilities
(7.24.060(b)(2)iii).
PZC has requested the staff to review a property -owner's request to include ALF's in the
Residential Duplex (RD) zone district and the Residential Low (RL) zone district. There are
currently twelve lots in the Town zoned RD, eleven of which are in the Town Core. All but one
of the lots is developed with duplex units (see map as Attachment A).
ALFs can be designed to be compatible with surrounding residential neighborhoods. The SRU
review criteria (Section 7.16.100) allows the Town to evaluate the operating characteristics and
site development features of a proposed ALF to ensure that the use will not have a significance
adverse impact on surrounding uses, and will be compatible with adjacent uses in terms of
scale and site design. Staff supports the inclusion of ALF's as a Special Review Use in both the
Residential Duplex (RD) and Residential Low (RL) Zone Districts.
3. Wind Power Generation Standards as a Special Review Use (SRU)
Small Wind Power Energy System is currently allowed in all zone districts and the maximum
height allowed for this ancillary use is tied to the maximum height requirement by the zone
district in which such ancillary use is proposed to be located. PZC requested the standards be
revised to allow these systems by SRU permit instead and to delete the height limitation as
stated above because it would cause the wind energy device to be ineffective. The Town
Attorney clarified that properties zoned as Planned Unit Development (PUD) will still be limited
by the height requirement stated in their PUD guide.
Staff Response: The PZC strikethrough copy of the Development Code includes the
requested changes (Section 7.28.070(g)4, Attachment B).
4. Clarify the difference between Solar Collection Systems and Solar Arrays
Staff Response: Definitions for both systems can be found in Section 7.28.070(g) and Solar
Arrays are allowed by SRU in the Industrial Commercial (IC) district only. A Solar Collection
System means a roof -mounted or wall -mounted panel or other solar energy device, the primary
purpose of which is to provide for the collection, inversion, storage, and distribution of solar
energy for electricity generation, space heating, space cooling, or water heating. A Solar Array
means a free-standing, ground -mounted solar collection system consisting of a linked series of
photovoltaic modules, the primary purpose of which is to provide for the collection, inversion,
storage, and distribution of solar energy for electricity generation, space heating, space cooling,
or water heating.
5. Define and Distinguish Guest House and Caretaker Unit
Staff Response: Both definitions can be found in the definition section of the Code (Section
7.08.010). Guest house is defined to mean an accessory structure which is physically detached
from a single-family dwelling unit, is serviced through the same utility meters or connections as
the principal use, and is intended for temporary occupancy by visitors to the family residing in
the single-family dwelling, and has no cooking facilities. A Caretaker Unit is ancillary and
attached to the primary dwelling unit as an apartment which may or may not have full cooking
facilities in the unit.
6. Wildridge Design Standards —Building Height
PZC has asked Staff to "design test" the proposed Wildridge Design Standard limiting overall
building height to 45 ft; in order to better understand the impact that the standard may have on
future development.
Staff Response: The Town measures building height based on the following definition (Section
7.08.010): The distance measured vertically from the existing grade or finished grade
(whichever is more restrictive) at any given point outside the building to the top of a flat roof,
mansard roof, or sloping roof. Within a building, height shall be measured vertically from any
point on a flat roof, mansard roof, or sloping roof to the existing grade directly below said point.
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This measurement ensures that each wall under a roof line is 35 ft but does not address the
overall height of the structure, measured from the highest point of the roof to the lowest finished
grade.
On lots with steep slopes and large building mass projecting out and stepping with the grade,
the method of measuring building height creates a scenario where the perceived building height
can be much greater than 35 ft. For example, some homes in Wildridge have 55'— 60' feet of
visible building elevation on the downhill, exposed slope of a lot.
By limiting the overall height of building elevations to 45' of visible elevation on the downward
sloping side of a lot, homes could still step with the topography, but the limits of disturbance
would be limited and the end appearance would be less massive as viewed from below a
structure. The pictures below illustrate how the standard would affect the massing of a home
situated on a steep slope.
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7. Wildridge Design Standards — Length of Duplex Units
The PZC has asked staff to consider additional design standards that would limit the overall
length of the front elevation of a duplex unit; or limit the square footage of a duplex that is
permitted above grade.
Staff Response: The Design Standards are part of the new Development Standards (Section
7.28), which are intended to establish minimum requirements for the physical design and layout
of a development.
The purpose of the Design Standards for single family and duplex units in Wildridge (Section
7.28.060(e)) along with the slope and grading requirements (Section 7.28.070(a)) is to promote
design that is visually compatible with the natural topography of the area, while increasing
safety from possible geological events that may occur on mountainous terrain (e.g., soil erosion
and landslides). In the furtherance of this purpose, the Design Standards regulate building mass
along front property lines, over -height elevations, front entrances, and the presence of garage
doors along the street.
If the Design Standards were to include a maximum building length, for example, it would
require the Town to make a finding that such front fagade length reflects the existing average
character of Wildridge or that another public policy rational or reason exists to impose such a
requirement. Staff believes that homes in Wildridge lack sufficient continuity in size or scale to
justify limiting future structures to either standard, and would recommend that that PZC consider
amending the Design Guidelines to provide guidance on preferred site and building design for
hillside lots in Wildridge.
8. Consider Reducing The Public Utility Easement from 15' to 10'.
Staff Response: According to the Town Engineer the 15 ft easement is necessary to
accommodate multiple utility lines and construction/maintenance operations in the easement.
9. Driveway standards (90 degree requirement, 50% grades)
PZC asked Staff to clarify the Driveway Standards (Attachment C, Section 7.28.030(d)2)
concerning how to cross slopes of 50% or greater for access.
Staff Response: The subject language has been modified as requested including those related
to parking requirements. Please see Attachment C.
10. Clarify Development Bonus Standard Language
PZC has requested that Section 7.20. 100 be reorganized by the type of development bonus
available.
Staff Response: Please see attached revisions.
PZC REVIEW AND RECOMMENDATION TO TOWN COUNCIL
Pursuant to Chapter 17.28 of the Avon Municipal Code, the Planning and Zoning Commission
shall provide a recommendation to Town Council to approve, approve with conditions, or deny
the Avon Development Code.
RECOMMENDATION
If the PZC has completed its deliberations and is satisfied with the review of public comments,
Staff recommends that the PZC recommend adoption of the Avon Development Code subject to
Resolution 10-03 and the following findings:
1. The Avon Development Code implements the goals and policies of the
Comprehensive Plan.
Avon citizens called for reform of the Zoning Code in the Comprehensive Plan (2006).
This message was repeated in West Town Center and East Town Center Plans which
together provided the vision for fixing the Zoning Code. 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 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 (Policy B.1.2),
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.
The Avon Development Code includes a range of regulations changes that promote the type of
development patterns and quality of life desired by the community and envisioned in these
adopted plans.
2. The Avon Development Code responds to changed or changing conditions in the
Town of Avon
The Town's current zone districts have not been updated since they were first enacted,
and do not reflect the policies and recommendations of the (2006) Comprehensive Plan,
the West Town Center Plan, and the East Town Center Plan, including a compact and
walkable town center, sustainable development and redevelopment that is sympathetic
to community character.
According to the West Town Center 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 Investment Plan. A.3
Planning Considerations, Redevelopment Potential. pg 4).
The Avon Development Code reflects contemporary zoning and planning practices
based on current economic and social trends, which include decreasing automobile use,
sustainability, and redevelopment.
3. The Avon Development Code modernizes and improves the usability of the
regulations
In general, the usability of the current code is hampered by its organization and format. The
document is long, complex and difficult to use. The Avon Development Code consolidates the
zoning code and subdivision regulations into a unified set of regulations that are efficiently
organized and improve the usability of the Code.
Attachments:
A. ALF Map
B. Small Wind Energy Systems
C. Parking & Driveway Strikethrough
D. Development Bonus
E. Resolution No. 10-03, Series of 2010
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(i) Definition
A "small wind energy system" shall mean a wind energy conversion system
consisting of a wind turbine, a tower, and associated control or conversion
electronics that has a rated capacity of not more than one hundred (100) kilowatts
(kW) and that is primarily intended to reduce on-site consumption of utility
power.
(ii) Standards
All small wind energy systems shall comply with the following requirements:
(A) Setback
The base of the tower shall be set back from all property lines, public
right-of-ways, and public utility lines a distance equal to the total extended
height (e.g., if on a roof, roof height plus tower height) plus five (5) feet. A
tower may be allowed closer to a property line than its total extended height if
the abutting property owner(s) grants written permission and the installation
poses no interference with public utility lines or public road and rail right-of-
ways. Guy wires and other support devices shall be setback at least five feet
from all property lines.
(B)Tower- Height
The mwiimt m height of an),smallwind e„e.Fgy ,stem shall be the
height allewe,d in the zone ,d:StFiet
FC}(B) Sound
Sound produced by the turbine under normal operating conditions, as
measured at the property line of any adjacent property improved with a
dwelling unit at the time of the issuance of the zoning certificate, shall not
exceed fifty-five (55) dBA for any period of time. The fifty-five (55) dBA
sound level may be exceeded during short-term events out of the owner's
control such as utility outages and/or severe wind storms.
fD4(C) Appearance, Color, and Finish
The turbine and tower shall remain painted or finished in non- reflective,
non -obtrusive color. Bright, luminescent, or neon colors, as determined by
the Town, are prohibited.
flg4(D) Clearance
The blade tip or vane of any small wind energy system shall have a
minimum ground clearance of fifteen (15) feet as measured at the lowest point
of the arc of the blades.
Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page
232
Attachment C
(d) Maximum Parkinp, Spaces Allowed
(1) Applicable to Commercial and Industrial Uses
For any commercial or industrial use off-street surface vehicle parking spaces
shall not be provided in an amount that is more than one -hundred and twenty-five
percent (125%) of the minimum requirements established in Table 7.28-3, Off -Street
Parking, unless approved by the Director and mitigated through the provision of
additional landscaping pursuant to subsection 4 below.
(2) Parking Types Excluded
For the purpose of calculating_ parking requirements the following types of
parking spaces shall not count against the maximum parking requirement:
Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page
131
(i) Handicapped accessible parking,
(ii) Vanpool and carpool parking,
(ift) On -street parking adjacent to the lot or lots on which the parking located,
and
(v) Structured parking, underground parking and parking within, above, or
beneath the building(s) is serves.
(3) Exceptions
Exceptions up to ten percent (10%) over the maximum parking requirement may
be allowed by the Director.
(4) Additional Landscaping Required
Parking that is provided in excess of the one -hundred and twenty-five percent
(125%) of maximum parking requirement shall be required to increase the internal
landscaping requirements pursuant to �7.28.050(a)(3)60, Parking Lot Landscaping.
(e) Off -Street Parking
(1) Off -Street Parking
Unless otherwise expressly stated in this section, off-street parking spaces shall be
provided in accordance with Table 7.28-3, Off -Street Parking:
Table 7.28-3: Off Street Parkin
Use Catezory Use Type I Parking Requirement
Residential
Uses
Residential and
Dwelling, Single -Family,
Duplex
2 per unit. 3 per unit for units over 2,500 sq. ft.
Accommodation
Uses
Dwelling, MUltifamily
Studio/ Lockoff/ Accommodation unit - 1 per
Unit
One bedroom/DU over 2,500 scift - 2 per unit
Guest Parking for
Multifamily
3-5 units — 2 spaces
5-10 units — 3 spaces
1 1-15 units — 4 spaces
16-20 units — 5 spaces
21-25 units — 6 spaces
over 25 units — 7 spaces plus 1 space for each 5
units in excess of 25 up to a max of 10 additional
s aces
Group Living
Group Homes
1 per bed VILIS1 per 100 sq. ft. of GFA
Retirement home, nursing
1 per 6 beds
home, or assisted living
faciIit
Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page
132
Table 7.28-3: Off Street Parkin
Use Cate2ory Use Type Parkin2 Requirement
Public and Institutional Uses
Community
Services
Art -,,allery or museum
4 2er 1000 s . ft. GFA
Community centers
4 per 1000 s9---ft. GFA
Government services,
offices and facilities
4 per 1000 sq. ft. GFA
Library
4 per 1000 s . tt. GFA
RelilJOLIs assembly
4 per 1000 sq. ft. GFA
Day Care
Child care center
2 per 1000 s . ft. GFA
Preschool Nursery School
2j2er 1000 s . ft.
Educational
Facilities
College or university (non-
4 per 1000 sq. ft. GFA
exem t
School, K-12
ublic and rivate
4 per 1000 sq. ft. GFA
School, vocational-teclinical
4 per 1000 sq. ft. GFA
and trade
Health Care
Medical center/ hospital
4 per 1000 sq. ft. GFA
Facilities
Medical and dental clinics
4 per 1000 sq. ft. GFA
and offices
Urgent care facility
4 per 1000 sq. ft. GFA
Parks and Open
Golf course
4 perrg een
Space
Commercial Uses
General Commercial Uses unless otherwise
4 per 1000 sq. ft. GFA
stated
Food and
Restaurant, Bars, Taverns
1 per 69 100 sq. ft. of seating area*
Beverage
Services
Office
Administrative and
professional offices
3 per 1000 sq. ft. GFA
Recreation and
Outdoor commercial
recreation
Determined by the Director.
Entertainment,
Outdoor
Recreation and
Indoor commercial
recreation/entertainment
Determined by the Director.
Entertainment,
Indoor
Wholesale
Business
Wholesale business
mer 800 sq. ft. GLFA
Industrial Service
General Industrial Uses unless otherwise stated
I 1 per 800 s .ft. GFA
* Outside Diningareas that are less than 25% of the primary indoor seating area of a restaurant
shall be considered accessory seatifig areas and shall not be included in the required parking
calculations. Outdoor dining areas that are 25% or greater than the indoor seating area of the
restaurant will be included in the seating area sguare ootage for pug poses of calculating code-
re uired arkin .
Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page
133
(f) Handicapped/Accessible Parking
Required accessible parking for non-residential development shall be provided in
conformance with all applicable accessibility standards of the prevailing Americans with
Disabilities Act (ADA), and the International Building Code (IBC).
Required Accessible parking for multi -family residential developments shall be
provided in conformance with all applicable accessibility standards of the prevailing
Americans with Disabilities Act (ADA). Federal Fair Housing Act (FFHA), and
International Building Code (IBC).
O Computation of Parking and Loading Requirements
(1) Computation
When determination of the number of off-street parking spaces required by this
section results in a requirement of a fractional space, any fraction shall be counted as
one parking space.
(2) Calculation
(i) Different Use Areas
Except as provided for in this section, parking shall be calculated separately
for each different use area in a building or on a site, including all accessory uses.
Parking spaces for accessory uses not specifically identified in Table 7.28-3, Off -
Street Parking shall be assumed to be included in the principal use requirement.
(ii) Mixed Use Reduction
If the Director determines that a proposed use represents a combination of
uses listed in Table 7.28-3, Off -Street Parking a fifteen percent (15%) reduction
shall apply to the total parking calculation.
(iii) On -Street Parking
Where there is on -street parking abutting the front property line of an lot of or
parcel, the minimum off-street parking requirement may be reduced by the
Director by one space for each on street space located entirely or partially
between two lines formed by the extension (without turning) of the side lot lines
of the lot or parcel into the street right-of-way,
(3) Uses Not Listed: Determination by Director
(i) Parking standards for uses not specifically listed in Table 7.28-3, O,ff-Street
Parking, shall be determined by the Director based on the standards for the closest
comparable use or by reference to standard parking resources published by the
National Parking Association or the American Planning Association.
Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page
134
(ii) The Director may alternately equire the submittal of a parking demand
study that iust►f►es estimates of parking demand based on the recornmendations of the
Institute of Traffic Engineers (ITE) Parking Generation Manual and includes relevant
data collected from uses or combinations of uses that are the same or comparable to
the proposed use in terms of density, scale bulk area type of activity, and location
(iii) Parking Based on Floor Area
When the standards use building square footage as a unit of measurement all
calculations shall be based on gross floor area minus ten percent 0 0%)
(4) Utilization
Accessory off-street parking facilities provided in accord with the requirements of
this Chapter shall be solely for the parking of passenger motor vehicles of patrons
occupants, visitors or employees of such uses
(h) Off -Site Parking
(1) Applicability
Off-site parking shall refer to any parking area which is provided and required to
meet the minimum parking standards in this Development Code and which is located
on a separate lot or ownership interest than the use structure or lot which the parking
serves.
(2) Planned Unit Development
Establishment of off-site parking may only be established as by pproval of a
planned unit development.
(3) Design and Location
Off-site parking shall have a direct adequate and convenient pedestrian
connection to the use, structure or lot which such parking serves and shall not be
located more than five hundred feet (500') from the use structure or lot which it
serves.
(4) Control of Off -Site Parking Facilities
In cases where off-site parking facilities are permitted such facilities shall be
owned and in the same identical ownership as the use structure or lot for which the
parking services.
(i) Public Parking Districts and Facilities
Council may establish Public Parking Districts and approve Public Parking Facilities
for designated areas of Town which may be used by property owners within the Public
Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page
135
Parking District to meet the minimum parking requirements set forth in this 57.28.030 for
commercial uses, structures or lots. The procedures for establishing Public Parking
Districts and standards for approving Public Parking Facilities are set forth as follows:
(1) A Public Parking District shall be first designated in the Avon Comprehensive
Plan, which shall indicate the properties served, the potential projected commercial
parking required to serve development, the planned capacity and location of the Public
Parking Facility or Facilities, ingress and egress. pedestrian connections, phasing, and
any other relevant design issues.
(2) Public Parking Facilities may be owned by the Town or may be owned by
General Improvement District formed pursuant to C.R.S. 531-25-601 et.seg. if approved
by the Council. The Council shall require the inclusion of all properties which propose
and elect to meet their minimum parking req-uirements for commercial use through the
use a Public Parking Facility to join the Public Parking District GID in order to
participate in defraying the cost of operation and maintenance of such facilities through
the imposition of a fee or additional property tax. The Town may require such other
formal agreements, covenants, or other instruments as may be deemed appropriate and
necessary to guarantee the provision of required parking.
(3) Applicants whose property is within an approved Public Parking District shall
pay $40,000.00 per parking space for parking which is satisfied by public parking
provided, or to be provided, within a Public Parking District. This fee shall be
automatically adjusted on the first day of January or each year based on the prior year's
forecast of the Denver -Boulder -Greeley Consumer Price Index. The payment in -lieu
shall be due and payable at the time of the issuance of a building_ permit or at such other
time and pursuant to such other terms as may be determined in a Development
Agreement approved by the Council by ordinance. All funds collected shall be deposited
in the Town Public Parking Fund.
(4) There is established for the purpose of meeting the demand and requirements
for vehicle parking, the Town Public Parking Fund. The Town Public Parking Fund shall
receive and distribute funds for the purposes of conducting_ parking studies or
evaluations, including evaluations of alternative transportation means; acquisition, design
and construction of parking facilities or alternative transportation means in any area
exempted from the off-street parking requirements; maintenance of public parking
facilities; payment of bonds or other indebtedness for parking facilities; and
administrative services relatingto parking.
(i) Bicycle Facilities
Developments that contain twenty-five (25) or more parking spaces shall provide
bicycle parking facilities. which shall comply with the following standards:
(1) Bicycle parking facilities shall be conveniently located to the entrance of the
primary building entrance. In no case shall bicycle facilities be located farther than one -
hundred and fifty (150) linear feet from the primary building entrance.
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(2) Bicycle parking spaces (four (4) feet by six (6) feet) shall be provided at the
following rates:
(i) Bicycle parking spaces shall be provided at a rate of one (1) bicycle parking
space for every ten (10) vehicle parking spaces.
NO When bicycle parking spaces are required, the applicant shall provide a
minimum of four (4) bicycle parking spaces, but in no case shall an applicant be
required to provide bicycle parking spaces for more than twenty (20) bicycles.
(3) Bicycle parking facilities shall include a rack or other device designated for
bicycles that enable bicycles to be secured.
(4) Bicycle racks and secured storage facilities shall be located in convenient,
visible, well -lit areas with easy access and near main entrances of all commercial
residential, and institutional buildings. Such locations shall be clearly noted with
signage. The racks and storage facilities shall be located so they do not interfere with
pedestrian traffic and shall be protected from potential damage by motor vehicles.
(k) Design and Maintenance
(1) Surfacing- Impervious Materials
All open, off-street parking areas shall be surfaced with asphaltic concrete,
concrete or other approved hard surface, which shall be constructed and maintained in
accord with specifications of the Engineering Department.
(2) Drainage
All open off-street parking areas shall be traded and drained to dispose of surface
water accumulation in accord with the Town of Avon Stormwater Master Plan. When
possible, pre -development hydrology should be mimicked.
(3) Wheelug ards
All perimeter parking spaces, except for single-family and duplex family use,
shall be provided with wheel guards or bumper guards located so that no part of
parked vehicles will extend beyond the property line.
ine.
O Vehicle repair and service restrictions
No vehicular repair, service, or maintenance activities done anywhere upon a
residential district lot shall be done for remuneration; additionally, no such activities
whether or not for remuneration shall be permitted on any vehicle with either a gross
weight or a gross carrying weight of 10,000 pounds or more.
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(1) Snow Removal and Storage
All sites must be able to adequately accommodate and transport snow on site and in
coniunction with approved drainage easements according to the following minimum
requirements:
(1) An area equal to twenty percent (20%) of the total impermeable surfaced area of
the site, upon which aboveground construction does not occur, shall be designated and
developed as a snow storage area.
(2) Designated snow storage areas shall be located and developed to be compatible
with snow removal operations, not less than five (5) feet wide, and shall be adjacent to
the impermeable area from which the snow is to be removed.
(3) Runoff from snow storage areas shall conform to X7.32.050, Stormwater
Drainage.
(4) On-site snow storage requirements may be waived by the Town Engineer upon
the demonstration that an appropriate alternative snow -storage site is available and that
arrangements have been made for the continuation of snow removal and off-site storage.
(5) Excavation, retaining walls, or other structures within slope maintenance and
snow storage easements adjacent to public rights-of-way must be approved by the
Director of Public Works. No snow storage shall be permitted atop retaining walls.
(6) Snow storage areas shall be separated from and shall not overlap or encroach
upon pedestrian walkways or sidewalks.
(m) Off -Street Loading
(1) General Requirements
(i) Location
All required loading berths shall be located on the same lot as the use served.
No permitted or required loading berth shall be located within fifty (50) feet of the
nearest point of intersection of any two streets, measured from edge of asphalt.
No loading berth shall be located in a required front yard.
(ii) Size
Unless otherwise specified, a required off-street loading berth shall be at least
twelve (12) feet in width by thirty-five (35) feet in length, exclusive of aisle and
maneuvering space, and shall have a vertical clearance of at least fifteen (15) feet.
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(iii) Access
Each required off-street loading berth shall be designed with aonronriate
means of vehicular access to a street or alley in a manner which will least
interfere with traffic movement, and shall meet standard Engineering Department
specifications. All driveways servicing off-street loading berths shall be in
accordance with applicable Town driveway standards.
(iv) Utilization
Space allocated to any off-street loading use shall not, while so allocated, be
used to satisfy the space requirements for anv required off-street parking facilities
or portions thereof.
(v) Central Loading
Central loading facilities may be substituted for loading berths on individual
lots, provided the following conditions are fulfilled:
(A) Each lot served shall have direct access to the central loading area
without crossing streets or alleys at grade.
(B) Total off-street loading berths provided shall meet the minimum
requirements herein specified, based on the sum of the several types of uses
served.
NO Minimum Facilities
Uses for which off-street loading facilities are required herein, but which are
located in buildings of less floor area than the minimum prescribed for such
required facilities, shall be provided with the adequate receiving facilities
accessible by motor vehicle off any adjacent alley, service drive, parkin lot or
open space located on the same lot.
(2) Specific Requirements
(3) The minimum amount of off-street loading or unloading space to be provided
shall be as follows:
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Table 7.28-5: Off -Street Loading Reauirements
Floor Area Floor Area
Requiring One Requiring an
12'.x 35' Berth Additional 12'x
35' Berth
Floor Area
Requiring 12'
x 55' Berth
1 Residential: Multifamily Dwellin s
As determined by the PZC
2) Office — Institutional — Educational:
Fight of way ef—a
a. Health and medical institutional uses:
10,000 sq. ft.
Over 100,000 sq.
Paddiib :ifruecf;9F
educational, cultural, relieious institutions;
dwelling
ft
recreation and social: banks, financial
institutions; medical -dental clinics;
business and professional offices
(3) Commercial Uses
a. Retail
5,000 sq. ft.
Over 20,000 sa.
ft.
Over 35,000
sg. ft.
b. Hotels -Motels
10,000 sq. ft.
Over 100,000_
s . ft.
c. Commercial recreation (including
10,000 sq. ft.
Over 100,000
--
bowling alleys)
L . ft.
d. Wholesale
10,000 sq. ft.
Over 40,000 sg.
-----
e. Restaurants
5,000 sq. ft.
Over 25,000 sq.
--
ft.
f. Laundry
10,000 sq. ft.
Over 25,000-5&.
--
ft.
g. Funeral homes
5,000 sq. ft.
Over 100,000
--
sg. ft.
(4) Industrial Uses
a. Manufacturing and warehousing
Up to 5,000
Over 40,000 sq.
ft.
--_
sic . ft.
b. Storace
Up to 10,000
Over 25,000 sq.
-----
s ft.
ft.
(5) Other Uses
a. Stadiums, auditoriums and arenas
Up to 20,000
5-g. ft.
--_
Over 20,000
b. Transportation terminals
5,000 sq. ft.
Over 40,000 sq.
ft.
_
c. Sewage treatment plants — munici al
10000 s . ft.
---
-----
7.28.030 Access Drive Requirements
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140
b
Fight of way ef—a
publ+estFeet. P evicted,
hove. .-Miles
e)iTt+ng 40M a
Paddiib :ifruecf;9F
a single
dwelling
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140
Sheet. Vehicles -exiting f+em a pa3Fking spaee €9r- any -use -C may also baek @Rte the 'g-14
VI
way efaR alley adjaeent to the pi-epei4y.
Hft(a) Purpose
Control of access to public streets and roads is an area of increasing concern, because
roads are rarely being built or upgraded fast enough to accommodate increases in traffic.
The proliferation of access points and driveways along major local roads and state
highways impairs the ability of such roads to efficiently carry traffic. Effective control of
access can enhance the carrying capacity and safety of most roadways by reducing the
opportunity for turning movements both to and from a major roadway. In addition,
elimination of turning movements can decrease the need for acceleration and deceleration
lanes.
b) Armlicabilit
The provisions in this section are applicable to all development. For Development on
lots platted at the date of adoption requirements listed in this section may be waived by
the Director. Furthermore, additional mitigation of the impacts due to development may
be required by the Director.
4(c) State Design Standards
Pursuant to C.R.S. 43-2-147 (1)(a), access approaches to roadways under the
jurisdiction of the Town of Avon must meet the design standards found in Sections 3 and
4 of the Colorado State Highway Access Code, 2 CCR 601-1. In addition, those parcels
directly accessing highways under the jurisdiction of the Colorado Department of
Transportation shall be required to obtain a State Highway Access Permit pursuant to the
State Highway Access Code. Eagle County is the Issuing Authority for such permits and
should be contacted initially for the application and further information in obtaining State
Highway Access Permits.
fiii)(d) Additional Standards
In addition to the foregoing, public and private access approaches and driveways shall
be subject to the following standards:
fA41) Access By Emergency and Service Vehicle
f}(i) All dwellings and other structures shall be accessible by emergency
and service vehicles. .^. maxi..um grade eF eight per-eent (41i ) and
6eRtffiifie Fadius of fefty five (45) 4 -heat is rer-ae- m mended fOr- ElFiYeWa�'S OR 110411
f�aeinbslepes. OR seuth f6eing slepI bpeFeent 0
mini » n eenterlineFadius of fort), Ave (45) feet is reeemmeRd d. G
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141
ii' Unless otherwise approved by the Eagle River Fire Protection District,
public and private access approaches and driveways in excess of one -hundred and
fifty (150) feet in length shall be provided with adequate area for emergency
vehicle turnaround in close proximity to the residence or structure served. Access
approaches and driveways in excess of three hundred (300) feet in length shall
provide an area adequate for emergency vehicle turnarounds in close proximity to
the residence or structure served, and shall also provide vehicle turnouts where
the driveway is expanded to be at least eighteen (18) feet wide at one -hundred and
fifty (150) foot intervals. Alternatively, the private access or driveway may be
designed to accommodate two-way traffic. Turnarounds shall be constructed in
accordance with Town standards. The Town Engineer may request a turning
movement exhibit at any time during application review.
f"2) Driveways in Mountainous Terrain
(i) Applicability
All driveway access and parking lots on lots containing slopes in excess of
fifty percent (50%).
(ii) Driveways on lots with slopes greater than thirty percent (30%) shall be
designed to ensure safe, convenient, and adequate access to individual buildings
and shall conform to the following standards:
(A) Driveways shall to the maximum extent feasible follow natural
contour lines.
(B) Driveway shall minimize disturbance or the cutting of slopes.
Shared driveways are encouraged when the design will minimize cut. fill and
disturbance of slopes.
(C) Under no circumstance shall any driveway cross a slope greater than
fifty percent (50%).
(D) Driveways longer than fifty (50) feet in length, as measured along
the centerline. shall not cross slopes between thirty (30) and fifty (50) percent
unless specifically authorized by the Town Engineer, after finding that all of
the following conditions and constraints are applicable:
(1) No alternate location for access is available;
(2) No individual segment or increment of the driveway that will
cross slopes between thirty percent (30%) and fifty percent (50%) shall
exceed one -hundred (100) feet in length,
(3) No significant adverse visual, environmental, or safety impacts
will result from the driveway crossing, either as originally proposed or as
Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page
142
a result of incorporation of remedial improvements provided by the
developer to mitigate such impacts.
(iii) Proposed development on lots with mountainous terrain may require
the preliminary layout and design of the individual driveways at the
preliminary plan stage, and the precise design of the driveway at the
final plan stage. to assure that access can be provided to each
dwelling unit served by the driveway in compliance with the
standards of this Division.
(iv) Driveways may be considered public improvements and thus
collateralized, constructed, and subject to the terms and conditions of
the other public improvements in the development.
(111)The e ul.,tiye length of individual segments g ifir.Fements of the
a.:.e.ay that will eFess slopes between thiFty ent /2004\ and fifty
(10,04) Of the dFiYeway's total lengtht
and '
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ffi(3) Driveways Requiring Significant Cuts and/or Fills Discouraged
Driveways that require significant cuts and/or fills are discouraged. Applicants are
encouraged to relocate development to areas within the proposed development where
such cuts and fills are not required. ,dFiYe'A'a5'S M5' be
i de..e,d publ: .,
.,tS Mid thus eellte.. l: �e,d nst. feted and stiff. eet to
the te...f.S aR d renditions „Frye athe« ..ublie .tet' in the ,deyel. p ffie t
Fp(4) Clearance From Intersections
Driveways shall be restricted for a sufficient distance from any intersection with
road approaches to preserve normal and safe movement of traffic. Driveways shall
provide the following intersection clearances, exclusive of driveway and intersection
return radii or flares.
HWiilln ruFal and suburban aFeasq-a—&_minimum intersection clearance of fifty
(50) feet shall be provided for residential driveways and a minimum intersection
clearance of one -hundred (100) feet shall be provided for commercial driveways.
ii In the Town Core, a minimum intersection clearance of
fifty (50) feet shall be provided for residential and commercial driveways where
dedicated turn lanes for the driveways will be present. Where there are no dedicated
turn lanes, then the minimum fifty (50) foot intersection clearance may be extended at
the direction of the Town Engineer.
(5) Backing Onto Roads Prohibited
All parking areas shall be located and designed in conjunction with a driveway,
such that vehicles exiting from a parking space shall not be required to back onto the
right-of-way of a public street. Provided, however, that vehicles exiting from a
parking space for a single-family or duplex dwelling unit may back onto a local
street. Vehicles exiting from a parking space for any use may also back onto the right-
of-way of an alley adjacent to the property,
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. �-
ffi(3) Driveways Requiring Significant Cuts and/or Fills Discouraged
Driveways that require significant cuts and/or fills are discouraged. Applicants are
encouraged to relocate development to areas within the proposed development where
such cuts and fills are not required. ,dFiYe'A'a5'S M5' be
i de..e,d publ: .,
.,tS Mid thus eellte.. l: �e,d nst. feted and stiff. eet to
the te...f.S aR d renditions „Frye athe« ..ublie .tet' in the ,deyel. p ffie t
Fp(4) Clearance From Intersections
Driveways shall be restricted for a sufficient distance from any intersection with
road approaches to preserve normal and safe movement of traffic. Driveways shall
provide the following intersection clearances, exclusive of driveway and intersection
return radii or flares.
HWiilln ruFal and suburban aFeasq-a—&_minimum intersection clearance of fifty
(50) feet shall be provided for residential driveways and a minimum intersection
clearance of one -hundred (100) feet shall be provided for commercial driveways.
ii In the Town Core, a minimum intersection clearance of
fifty (50) feet shall be provided for residential and commercial driveways where
dedicated turn lanes for the driveways will be present. Where there are no dedicated
turn lanes, then the minimum fifty (50) foot intersection clearance may be extended at
the direction of the Town Engineer.
(5) Backing Onto Roads Prohibited
All parking areas shall be located and designed in conjunction with a driveway,
such that vehicles exiting from a parking space shall not be required to back onto the
right-of-way of a public street. Provided, however, that vehicles exiting from a
parking space for a single-family or duplex dwelling unit may back onto a local
street. Vehicles exiting from a parking space for any use may also back onto the right-
of-way of an alley adjacent to the property,
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Maximum Number of Entryways
Generally, no more than one entryway shall be allowed for any parcel of property
where the frontage is less than one -hundred (100) feet. Additional entrances or exits
for parcels of property having a frontage in excess of one -hundred (100) feet shall be
permitted only when the applicant demonstrates they are required for actual
convenience and necessity, and that safety to the traveling public will not be
compromised.
ff)J7)Not Encroach
All driveways shall be located so that the flared portion adjacent to the traveled
way shall not encroach upon adjoining property.
(GO) Intersection With Roadways
Driveways shall intersect the edge of the traveled way at ninety (90) degrees. This
alignment shall be maintained within the public way and snow storage easement.
Beyond the right-of-way line onto the adjacent property, permissible axis angles of
driveways in relationship to the right-of-way line shall be between ninety (90) and
sixty (60) degrees.
JED 9) *Minimum Width
The minimum width of the commercial access driveway shall be twelve -ten
(+2J 0) feet for a one-way drive and twenty-four (24) feet for a two-way drive_4ef
eemfneFeial- andindustF`al aeeess, The minimum width of the industrial access
driveway shall bead ten (10) and twenty (20) feet, respectively, f F Fesiden*i�'
aeeess. Residential curb cuts and driveway grades shall meet the following
requirements:
Table 7.28-2: Residential Access Requirements
Standard
Single Family
Duplex
Multi -family
Driveway curb cut
(drive aisle width in
Min. -1-410
Min. -1410
Min. 20
feet, not including
Max. 4-414
Max. 4-1-14 [1]
Max. 24
radii
Maximum number
1 (8 dwelling units
of curb cuts
1
1
or less) [2
Driveway grades
4% max. for first 20
4% max. for first 20
4% max. for first 20
ft. adjacent and
ft. adjacent and
ft. adjacent and
perpendicular to
perpendicular to
perpendicular to
public ROW or
public ROW or
public ROW or
adjacent to garage;
adjacent to garage;
adjacent to garage;
10% max.
10% max.
8% max.
All access must be pe endicular through easements adjacent to right of way
Notes:
[1] Maximum may be increased at the discretion of the Town
Engineer.
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145
[2] Maximum number of curb cuts may be increased at the
discretion of the Town Engineer.
[31 Ten foot maximum radius on access flares
0410) Clear Vision Area
Access driveways shall have a minimum clear vision area formed by the
intersection of the driveway centerline, the street right-of-way line, and a straight line
joining said lines through points twenty (20) feet from their intersection.
04(11) Radii
Permissible radii on driveway returns shall be governed by such factors as the
width of drive and angular placement. Where the flared edge of an approach controls
the turning radius of a vehicle entering the property by a right turn from the adjacent
outside traffic lane of the roadway, the radius of that edge shall not be less than
twenty (20) feet for passenger vehicles and not less than fifty (50) feet where single
unit or larger trucks may be expected to use the entrance and the traffic volume on the
adjacent road exceeds four -hundred (400) AADT.
f1jil2iCourt Drives
Within residential zoning districts, from three (3) to ten (10) dwelling units may
share a single drive lane access to a public street through the use of a court drive
layout, provided that the following conditions are met:
Jj i) Shared drive lanes shall be no longer than five -hundred (500) feet, shall be
at least twenty (20) feet in width and shall be dedicated to a home owners' association
with responsibility for maintaining the shared drive lane and the power to enforce
payment of dues from individual homeowners in order to do so. The home owners'
association shall be created and the shared drive lane shall be dedicated to the
association before a certificate of occupancy is issued for any dwelling unit using the
shared drive lane.
ii Individual driveways leading from the shared court drive lane to each
dwelling unit shall be at least twenty (20) feet long, as measured between the front of
the garage and the closest edge of the shared drive lane or sidewalk if one exists.
f-34(iii) The design of the court drive shall be designed by a registered
professional engineer and shall permit a passenger vehicle to back out of an
individual driveway and turn ninety (90) degrees in either direction without any
portion of the vehicle: (a) leaving the individual driveway from which the vehicle is
exiting or the shared drive lane, or (b) entering on or over the individual driveways of
any other residence. The AASHTO turning template for a "P" design vehicle shall be
used to confirm that this standard is met.
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iv Each court drive is subject to review and approval by Eagle River Fire
Protection District for fire hydrant adequacy and emergency vehicle access. All
ERFPD issues must be satisfactorily addressed prior to development approval.
0 } V) Utility meters shall be located on the court drive side of the dwelling
units.
f64(vi) Court drive lanes shall accommodate at least one (1) guest parking
space for every two (2) lots where a garage driveway is accessed via the drive lane.
Maximum grade for a court dive shall be ten percent (10%), and shall have a
maximum grade of four percent (4%) for the first twenty (20) feet from the public
roadway and from individual garages
(d)Maximum Par -king Spnees Allowed
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•.
■
ION
Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page
147
WON
ResidentialkVses
7"tC57lY"�i[i--c[*ivDwelling, Single
uses Dwelling, Multit;amily Studio/ Leelteff/ Accommedetien unit 1 -pe
Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page
148
(e) Drive Through Requirements
The following standards shall apply to businesses that contain a drive-through
establishment, regardless if the drive-through is part of another use (e.g., restaurant or
financial institution) or if it is a stand-alone use (e.g., automatic teller machine).
(1) Location of Stacking Lanes and Use of Audible Electronic Devices
(i) Audible electronic devices such as loudspeakers, automobile service order
devices, and similar instruments shall not be located within two -hundred and fifty
(250) feet of any residential dwelling unit.
(ii) No service shall be rendered, deliveries made, or sales conducted within the
required front yard or corner side yard; customers served in vehicles shall be parked
to the sides and/or rear of the principal building.
(iii) All drive-through areas, including but not limited to menu boards, stacking
lanes, trash receptacles, loudspeakers, drive up windows, and other objects associated
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149
with the drive-through area shall be located in the side or rear yard of a property to
the maximum extent feasible, and shall not cross, interfere with, or impede any public
right-of-way.
(2) Stacking Space and Lane Requirements
The number of required stacking spaces shall be as provided for in Table 7.28-4.
See Figure 7.28-B for an illustration of stacking spaces:
Table 7.28-4: Stacking Space Requirements
CONVENIENCE GAS PUMP
CARWASH
—
Minimum
D
EXIT
Activity
Stacking Spaces
Measured
From:
(per lane
Bank, Financial Institution, or
Automated Teller Machine ATM
3
Teller or Window
Restaurant
3 from the Pick -Up Window
6
and 3 from the Speaker.
Full Service Vehicle Washing
Establishment
6
Outside of Washing Bay
Self -Service or Automated Vehicle
Washing Establishment
3
Outside of Washing Bay
Fuel or Gasoline Pump Island
2
Island
Retail Uses
3
_Pump
Pick -Up Window
Other
As determined by the Director
Fast Food Restaurant
GENERAL RES
PARKING
ill
FJRIVE' a
Minimum of 6
including space
at pick-up window
Car Wash/Fuel Pump
AUTOPd10BILE
CONVENIENCE GAS PUMP
CARWASH
—
STORE ISLAND
C
D
EXIT
_j
II
\ 4
SEPARATED
RTACKING ANF
Minimum of 6
6 behind bay
OVERHEAD
CANOPY
Minimum of 2
1 arpumpand
1 behind pump
Fig. 7.28-B: Location of stacking spaces and lanes. Note that the stacking lanes are oriented toward the
side and rear yards rather than the front yard.
(3) Design and Dimensions
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150
Stacking lanes shall be provided for any use having a drive-through establishment
and shall apply comply with the following standards:
(i) Drive-through stacking lanes shall have a minimum width of ten (10) feet.
(ii) When stacking lanes are separated from other stacking lanes, bypass lanes,
or from other site areas, the separation shall be by means of a raised concrete median,
concrete curb, or landscaping.
(iii) Stacking lanes shall be set back twenty-five (25) feet from right-of-ways.
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Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page
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Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page
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Whe-ii thea -standaFds- use -building squaFe feetage-as-a-unit a€-„it-a-Asureamenr�^”
AeeesseFy eg street parking faeflities pFevided in areeFd with the requirements o
this GhapteF shall be solely F8.- the parking of passengeF moter ol,: to of ...,r.ens
eeetipants, visitors, er uses.
•
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Whe-ii thea -standaFds- use -building squaFe feetage-as-a-unit a€-„it-a-Asureamenr�^”
AeeesseFy eg street parking faeflities pFevided in areeFd with the requirements o
this GhapteF shall be solely F8.- the parking of passengeF moter ol,: to of ...,r.ens
eeetipants, visitors, er uses.
•
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Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page
152
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Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page
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Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page
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Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page
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iRte«fo«e ,:rl, t«efF:e .., e .,r Ra Shell .soot Stead ff d F=Rg:..eer-ing,
.-
t
pe.. .rmen
3ns. Ali dFweways serwieing e€€ str-eet- leading -b
i4hs shall be in
(-V)CeRtFal Leading
tl
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let. PFE)V:.deal the f Ile..,:„e
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..r«vete Of elle.,°
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a. Wealth and Ffiedieal institatieRal
e.d..e..t:e..el .,ItWal feligio s :«.et:t..t:ens-
reereatien and seeial; Vis, finaReial
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Avon Development Code - PZC PUBLIC HEARING DRAFT May 28, 2010 Page
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Avon Development Code - PZC PUBLIC HEARING DRAFT May 28, 2010 Page
156
7.28.U4U Mobility and Connectivity
(a) Purpose
The purpose of this section is to:
(1) Reduce dependency on the automobile;
(2) Reduce the number of daily trips by a single occupancy vehicle, and preserve
the capacity of existing roadways;
(3) Support the creation of a highly connected transportation system within the
Town of Avon in order to provide choices for drivers, bicyclists, and pedestrians;
(4) Increase effectiveness of local service delivery; promote walking and bicycling;
connect neighborhoods to each other and to local destinations such as employment,
schools, parks, and shopping centers;
(5) Reduce vehicle miles of travel and travel times; improve air quality; reduce
emergency response times;
Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page
157
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7.28.U4U Mobility and Connectivity
(a) Purpose
The purpose of this section is to:
(1) Reduce dependency on the automobile;
(2) Reduce the number of daily trips by a single occupancy vehicle, and preserve
the capacity of existing roadways;
(3) Support the creation of a highly connected transportation system within the
Town of Avon in order to provide choices for drivers, bicyclists, and pedestrians;
(4) Increase effectiveness of local service delivery; promote walking and bicycling;
connect neighborhoods to each other and to local destinations such as employment,
schools, parks, and shopping centers;
(5) Reduce vehicle miles of travel and travel times; improve air quality; reduce
emergency response times;
Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page
157
Attachment D
For the purpose of this chapter, Short Term Rental shall mean the rental of
property for a total continuous duration of less than thirty (30) days.
(4) Development Standards
The developments standards within this overlay zone district are regulated by the
underlying zone district.
(5) Sales and Public Accommodations Tax License
Any property owner who leases or rents property in the STRO District shall
obtain a Sales Tax License in accordance with Chapter 3.08 and a Public
Accommodations Tax in accordance with Chapter 3.28. The failure to obtain a Sales
Tax License or Public Accommodations Tax License prior to using property for Short
Term Rental in the STRO shall be a violation and subject to penalties as described in
Title 3.
(b) Planned Unit Development. All PUD zone districts shall comply to the
dimensional and development standards as well as the review processes and criteria outlined
in §7.16.060.
7.20.100 Development Bonus Requirements
(a) Purpose. Development Bonuses may be awarded for proposed development projects
in the Town Center (TC), Mixed -Use Commercial (MC), and Neighborhood Commercial (NC)
zone districts where the application meets Town goals and exceeds minimum development
standards and requirements. A Development Bonus may allow a project to exceed the maximum
density, maximum building height, or the maximum FAR where the negative impacts of such
allowance on the public or on adjacent property owners do not outweigh the benefits to the
public. The public benefits identified in this section are related to mitigating the impacts of
higher density and more intense site development as well as related to promoting the viability
and functionality of higher density and more intense site development.
(b) Procedures. An application for a Development Bonus shall be submitted concurrently
with the principle application for development of the property and shall follow the review
procedures, notice requirements, and hearing requirements of the underlying development
application. A public hearing by Town Council shall be conducted before the Town Council
takes action on any application for a Development Bonus. A Development Bonus shall only be
effective and binding on the Town if stated in a development agreement which is approved by
ordinance.
(c) Submittal Requirements. In addition to the requirements of the principle
development application and application submittal requirements required elsewhere in this Code,
the Applicant shall submit the following additional materials when requesting a Development
Bonus:
(1) A narrative describing the nature and extent of the proposed Development Bonus
and statement describing why the Applicant believes the requested Development Bonus
meets the criteria of this section, §7.20.100(d). The narrative should also describe how the
Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 99
proposed Development Bonus and the public benefits promote the Avon Comprehensive
Plan and the purposes of the Avon Unified Land Use Code.
(2) A solar resource analysis depicting the impact to surrounding property owners and
public right-of-ways for applications which propose an increase in building height or an
increase in FAR. The solar resource analysis shall also include analysis of shade and
potential ice formation for pedestrian sidewalks, plazas and routes.
(3) Architectural renderings for each side of the proposed structure which depict the
impact to views from adjacent properties and public right-of-ways and three dimensional
modeling which demonstrates the height, bulk, view impacts and shading created by the
proposed building in relationship to other structures, public areas and right-of-way within
three hundred feet of the property boundary.
(4) An analysis of the additional impacts to public infrastructure and services for
proposals which include increased FAR and/or increased density, including but not limited to
additional impacts to streets, parks, water, water rights, sewer, public utilities, and schools.
(d) Criteria. The following criteria for specific public benefits shall be considered when
evaluating Development Bonuses:
(1) General Criteria.
(i) Absolute Maximum. The absolute cumulative maximum potential
Development Bonus shall be an increase in floor area and/or building height that is 35%
greater than the maximum allowed in the underlying zone district. There shall be no
maximum potential Development Bonus for density as long as the provisions of this
subsection.
(ii) Cumulative Development Bonuses. Subject to the absolute maximum for
Development Bonuses stated in sub -section a. above, multiple Development Bonuses
may be awarded by the Town Council and may be applied cumulatively to a property.
(iii) Promote Town Goals and Policies. The public benefits proposed by
Development Bonuses shall generally promote goals or policies of the Avon
Comprehensive Plan or the purposes of the Avon Development Code.
(iv) Payment -in -Lieu. For all criteria, where an on-site contribution or land
dedication is not practical or appropriate, the Town Council may consider a cash
contribution towards such public facility or improvement by a payment -in -lieu of
dedication. The amount of the payment -in -lieu shall be calculated by considering current
and projected real estate values and construction costs. The amount of a payment -in -lieu
shall be the equivalent value of an on-site dedication considering the additional
administrative, transaction, financing and timeframe costs associated with properly
utilizing cash proceeds.
(v) Exceed Minimum Standards. For all criteria, a Development Bonus may only
be considered and awarded where a public facility, public improvement or a dedication of
land, condominium space, easement or other appropriate property interest for a public
Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 100
facility or improvement exceeds the minimum requirements established elsewhere in the
Town Code for a development.
(vi) Mitigation of Impacts. The Town shall require an analysis and may require
mitigation of the additional impacts of a Development Bonus on all public facilities,
infrastructure and services which serve the property, including but not limited to public
infrastructure, streets, additional water rights required to serve the development, fire
protection, ambulance services, schools, parks and recreation. In addition, where a
Development Bonus may result in negative impacts to adjacent or nearby properties or
impacts to the general public, the Town may require mitigation of such impacts as a
condition to granting the Development Bonus. The Town Council may waive the
requirement to mitigate the impacts of a Development Bonus where the Town Council
finds that the overall public benefits of the proposed site specific development outweigh
the potential negative impacts of the Development Bonus.
(vii) Location and Design. The location and design of any contribution towards
public parking, transit, pedestrian enhancement, streetscape improvement or civic facility
shall be in conformance with the Town of Avon's Comprehensive Plan and other
applicable plans and regulations of the Town, shall be acceptable to the Town taking into
consideration functionality, current and projected demand, and long term maintenance
and operation costs, and shall include such legal documents as are deemed necessary and
acceptable to the Town.
(viii) Additional Water Rights Dedication. Additional water rights shall be dedicated
for any Development Bonus which increases the water consumption for the property and
such additional water rights dedication shall not be considered as a dedication of surplus
water right as defined in criteria (vii) below.
(ix) Development Agreement. Development Bonuses shall only be granted through
a Development Agreement which is approved by ordinance and which contains
provisions stating that the Development Bonus is contingent upon the performance and
completion by the applicant property owner of any public facilities, public improvements
and/or conveyance of a property interest for public facilities or improvements offered for
the Development Bonus.
(x) Deed Restriction. The form of housing deed restriction shall be in accordance
with forms approved by the Town, which may be amended and updated from time to
time, or which may be modified with approval of the Town Council where deemed
necessary and appropriate by the Town to meet the goals of this section, the Unified Land
Use Code, and the Avon Comprehensive Plan.
(xi) Pedestrian Enhancements. Off-site pedestrian enhancements shall be no further
than 2,500 feet (as measured by the most direct existing or planned pedestrian routes)
from the property boundary of the development. On-site pedestrian enhancements shall
be open to the general public and shall be owned and maintained by the property owner
or an owners' association.
Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 101
(xii) Streetscape Enhancement. Streetscape enhancements may include plazas,
courtyards, fountains, public art, benches, tables, kiosks, pocket parks, play areas and
other enhancements to public pedestrian areas. Streetscape enhancement shall be on-site.
on adjacent public right-of-ways. or no further than 1,500 feet (as measured by the most
direct existing or planned pedestrian routes) from the property boundary. On-site
streetscape enhancements shall be open to the general public and shall be owned and
maintained by the property owner or an owners' association.
xiii) Civic Facility. Civic facilities may include a library, health clinic, municipal
facilities, performing arts venues, or other facilities which are open to the general public
and promote the health, safety, welfare or culture of the Avon community. The civic
facility shall be located on-site or, if off-site, shall be within a reasonable proximity of f the
property to benefit the property.
(xiv) Retail Business Incubator. Retail business incubators may include retail
businesses which provide cultural, public gathering, and local business start-ups
opportunities, including but not limited to artist galleries; cafes, restaurants and coffee
shops; the sale of regionally o�y rown, produced or manufactured goods; and the sale of
goods which reflect the cultural heritage of Eagle County and Colorado. The retail
business incubator shall be located on-site and shall be located on the ground level and
shall have frontage on a street or pedestrian walkway or plaza.
(2) Height Bonus
(i) The maximum building height may be increased to the extent of the floor to
ceiling height (up to a maximum of twenty (20) feet) for a portion of the building by the
following standards:
(A) An area which is equal to the floor area of the public parking and/or transit
area dedication.
(B) An area which is equal to the floor area of the area dedicated to use by the
general public as a streetscape enhancement.
(C) An area which is equivalent to the square footage of the area dedicated to
the Town for streetscape enhancements.
(D) An area which is equivalent to the square footage of the area dedicated to
the Town for a retail business incubator.
(3) Increased FAR
(i) The maximum FAR may be increased by providing Attainable Housing that
meets the following standards:
(A) At least fifty percent (50%) of a Development Bonus in FAR shall include
for -sale residential units with a deed restriction limiting the use and ownership of the
property to fiill-time residential use as the principal residence of the owner and
without restriction on the price of the initial sale or subsequent resale, or.
Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 102
(B) At least twenty-five percent (25%) of a Development Bonus in FAR shall
include for -sale residential units limiting the use and ownership of the property to
full-time residential use, restrictingtppreciation on resale price of the residence.
and requiring an initial sales price which is affordable for a qualified buyer earning
130% of average median income; or.
(C) Payment -in -lieu of providing affordable housing based upon existing real
estate values, market conditions, market trends, the anticipated timeframe to utilize
funds to secure and provide housing, transactional costs and administrative costs for
the Town to secure and providing housing, as such amounts are determined by the
Town. or,
(D) Any combination of standards a., b. or c.
(ii) The maximum FAR may be increased at the ratio of one additional square foot
for each square foot of approved public improvement dedicated to the Town. The
approved public improvements are: unimproved public parking. or transit area, pedestrian
enhancement, streetscape enhancement, civic facility improvement, retail business
incubator. The maximum FAR may also be increased according to the following
formula:
Cost of approved public improvement
The average estimated cost per square foot of — additional square footage
finished construction for the property seventy-
five percent (75%)
(iii) The maximum FAR may be increased at the ratio of 1.000 square feet for each
single family equivalent of surplus water right dedicated to the Town.
(4) Increased Density
(i) The maximum density may be increased by providing Attainable Housing that
meets the following standards:
(A) At least fifty percent (50%) of a Development Bonus in density shall include
for -sale residential units with a deed restriction limiting the use and ownership of the
property to full-time residential use as the principal residence of the owner and
without restriction on the price of the initial sale or subsequent resale; or,
(B) At least twenty-five percent (25%) of a Development Bonus in density shall
include for -sale residential units limiting the use and ownership of the property to
full-time residential use, restrictingthe he appreciation on resale price of the residence,
and requiring an initial sales price which is affordable for a qualified buyer earning
130% of average median income; or,
(C) Payment -in -lieu of providing affordable housing based upon existing real
estate values, market conditions, market trends, the anticipated timeframe to utilize
funds to secure and provide housing, transactional costs and administrative costs for
Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 103
the Town to secure and providing housing, as such amounts are determined by the
Town, or,
(D) Any combination of standards a., b. or c.
(ii) The maximum residential density may be increased to utilize the increased
FAR.
(5) [Reserved for Green Building Criteria]
(6) Council Review and Approval. Approval of a Development Bonus, if any, shall be
determined by Town Council in the Town Council's discretion after considering the value of
public benefits, compliance with the Avon Comprehensive Plan, and the potential impacts on
the public and adjacent property owners. Approval of Development Bonus shall be by
ordinance and shall be documented in a development agreement.
(,.,)_The fer-m ef hetising deed r-eStFieti8H shall be in aeeE)Fdanee with fOFFAS appFeved
by the Town, whieh may be amended and updat-k-ad fra.m. tinie to time, OF whieh May
the—TwArn to meet the goals of this -section, the Uniiced I --;;d Use Eeve, and the Awn
Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 104
ON
(,.,)_The fer-m ef hetising deed r-eStFieti8H shall be in aeeE)Fdanee with fOFFAS appFeved
by the Town, whieh may be amended and updat-k-ad fra.m. tinie to time, OF whieh May
the—TwArn to meet the goals of this -section, the Uniiced I --;;d Use Eeve, and the Awn
Avon Development Code — PZC PUBLIC HEARING DRAFT May 28, 2010 Page 104
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Avon Development Code - PZC PUBLIC HEARING DRAFT May 28, 2010 Page 105
each sgaaFe-€eek Of PU19lic--plea--OF OtheF peblieto uSe�by the beeeFal
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Avon Development Code - PZC PUBLIC HEARING DRAFT May 28, 2010 Page 106
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Avon Development Code - PZC PUBLIC HEARING DRAFT May 28, 2010 Page 107
-Or. MP -M
Avon Development Code - PZC PUBLIC HEARING DRAFT May 28, 2010 Page 107
Attachment E
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 10-03
A RESOLUTION RECOMMENDING APPROVAL OF AVON DEVELOPMENT CODE,
REPEALING AND RE-ENACTING TITLE 16: SUBDIVISIONS, AND TITLE 17:
ZONING; AMENDING PORTIONS OF TITLE 2: ADMINISTRATION & PERSONELL,
AND TITLE 15: BUILDING, AVON MUNICIPAL CODE, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, the Planning & Zoning Commission is appointed by Town Council to review,
make recommendations, and guide and accomplish a coordinated, adjusted and harmonious
development of the municipality and its environs, and
WHEREAS, the Town's zoning code and subdivision regulations have not been
comprehensively amended or revised since they were first adopted by the Town in 1979; and
WHEREAS, the calls for a comprehensive amendment of the zoning code and subdivision
regulations are long standing and evidenced by the recommendations of the 2006 Avon
Comprehensive Plan and other planning documents; and
WHEREAS, in 2008, the Town Council appointed a Zoning Advisory Committee comprised of
community representatives, including home builders, developers, planners, architects, and
elected and appointed officials; and
WHEREAS, the Town Council with the assistance of the Zoning Advisory Committee, zoning
consultants, and town staff conducted a through analysis of the current code, including
interviews with citizens and users of the code; and developed a strategic plan for revising the
regulations; and
WHEREAS, the Planning & Zoning Commission and Town Council held a series of eight
public workshops in April, May and June 2010 to review the initial draft of the Code; and
WHEREAS, a public hearing was held by the Planning & Zoning Commission on June 15 and
July 6, 2010, pursuant to notices required by law; and
WHEREAS, the Avon Development Code is consistent with purpose and intent of Title 17.28 of
the Avon Municipal Code regarding amendments to its zoning regulations.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the
Town of Avon, Colorado, hereby recommends approval of the Avon Development Code,
attached hereto as "Exhibit A", citing the following findings:
1. The Avon Development Code is consistent with the 2006 Avon Comprehensive Plan,
The West Town Center Investment Plan; and The East Town Center Investment Plan;
and the adoption of the Code is necessary and desirable to effectively implement the
policies and vision of these adopted plans.
2. The Avon Development Code is necessary to respond to changed or changing conditions
in the town and promotes the type of development patterns that have emerged since the
current code was first adopted.
3. The Avon Development Code will result in development that is compatible with existing
and surrounding areas or uses and can be served by adequate public facilities.
4. The Avon Development Code reflects contemporary zoning and planning practices,
which include decreasing automobile use, sustainability, and pedestrian oriented
development.
5. The Avon Development Code consolidates the zoning code and subdivision regulations
into a unified set of regulations that are efficiently organized and improves the usability
of the Code.
6. The Avon Development Code furthers the public health, safety and general welfare of the
greater Avon community, including its residents, businesses, and industries.
ADOPTED THIS 6" DAY OF JULY, 2010
Signed:
Date:
Chair
Attest:
Date:
Secretary