TC Ord. No. 2013-06 Brookside Park Final PUDTOWN OF AVON, COLORADO
ORDINANCE 13 -06
SERIES OF 2013
AN ORDINANCE APPROVING A FINAL PUD AMENDMENT FOR BROOKSIDE
PARK ON LOT 1, BROOKSIDE PARK PUD, EAGLEWOOD SUBDIVISION, TOWN
OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, Rick Pylman, Pylman & Associates (the "Applicant ") on behalf of Riverview
Park Associates (the "Owner ") has submitted a Final PUD Application (the "Application ") to
modify the approved PUD development rights to allow for the conversion of commercial office
space to either (a) 24 dwelling units, or (b) 16 dwelling units and 15,000 square feet of
commercial office space; and
WHEREAS, the Planning and Zoning Commission held public hearings on April 16, 2013
after posting notice of such hearings in accordance with the requirements of Section 7.16.020(d),
Step 4: Notice, Avon Municipal Code, and considered all comments provided before taking
action; and
WHEREAS, the Planning and Zoning Commission recommended to the Town Council
approval of the Application through the Planning and Zoning Commission Findings of Fact,
Record of Decision, and Recommendations dated April 16, 2013; and
WHEREAS, pursuant to Section 7.16.060(f)(5), Review Criteria, and Section
7.16.060(e)(4), Review Criteria, Avon Municipal Code, the Town Council has considered the
applicable review criteria for the Application; and
WHEREAS, the Town Council held public hearings on May 28, 2013 and June 11, 2013
after posting notice of such hearing in accordance with the requirements of Section 7.16.020(d),
Step 4: Notice, Avon Municipal Code, and considered all comments provided before taking
action; and
WHEREAS, the Town Council finds that the health, safety and welfare of the Avon
community will be enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application and that approval of this Ordinance on first reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this ordinance.
Ord 13 -06 Brookside Park Final PUD Amendment
May 28, 2013
Page 1 of 6
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Brookside Park PUD Amendment. The Brookside Park final PUD amendment
application for Lot 1, Brookside Park PUD, Eaglewood Subdivision is hereby approved as
follows:
A. The Brookside Park PUD is amended for Lot 1, Brookside Park PUD, Eaglewood
Subdivision to modify the allowable uses and densities as presented in Exhibit A.
B. Prior to the issuance of a Building Permit, the Applicant shall provide proof of
adequate water rights from the Upper Eagle Regional Water Authority.
C. Prior to conversion, the Applicant shall apply for a Minor Design and Development
application proposing site modifications that are in substantial conformity to the
conceptual site plans as presented during the Final PUD Amendment Application.
Section 3. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical,
grammatical, cross - reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the teen "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Ord 13 -06 Brookside Park Final PUD Amendment
May 28, 2013
Page 2 of 6
Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title at the Avon Town Hall,
Avon Recreation Center and Avon Public Library, which notice shall contain a statement that a
copy of the ordinance in full is available for public inspection in the office of the Town Clerk
during normal business hours. The Town Clerk is further ordered to publish a notice stating a
vested property right has been created in accordance with Section 7.16.140(d)(2) of the Avon
Municipal Code.
Section 8. Final Action. Approval and final adoption of this Ordinance on second reading
constitutes the Town's final action for the purposes of any appeal, legal challenge or referendum
seeking reconsideration of the decision of the Town Council with respect to this Ordinance and
matters approved hereby in accordance with Section 7.16.020(f)(5) of the Avon Municipal Code
and in accordance with Chapters VI and VII of the Avon Home Rule Charter.
[EXECUTION PAGE FOLLOWS]
Ord 13 -06 Brookside Park Final PUD Amendment
May 28, 2013
Page 3 of 6
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED on
May 28, 2013 and a public hearing on this ordinance shall be held at the regular meeting of the
Town Council on June 11, 2013, at 5:30 P.M. in the Council Chambers, Avon Municipal
Building, One Lake Street, Avon, Colorado.
N OFq�o/L
S Rich Carroll, Mayor
Published pasting in at'1e three public places in Town and posting at the office of the Town
Clerk at leas ?�s r to final action by the Town Council.
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST: �0�1N opi
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Ord 13 -06 Brookside Park Final PUD Amendment
May 28, 2013
Page 4 of 6
Exhibit A to Ordinance 13 -06
Brookside Park PUD Guide
The following Planned Unit Development Guide will serve as the governing regulations which will
control development on Brookside Park, A Resubdivision of Lot 1, Eaglewood Subdivision, Town of
Avon, Eagle County, Colorado, known as the Brookside Park PUD.
This PUD Guide is intended to become a part of the Brookside Park Planned Unit Development and serve
as the "Zone District Regulations" for the PUD as required by Section 17.20.110.1 of the Municipal Code
of the Town of Avon.
The Brookside Park PUD authorizes a total 78 dwelling units and 30,000 useable square feet of
commercial space on 4.7 acres of land within the Town of Avon, Eagle County, Colorado. Development
within the PUD is administered by the Town of Avon through the provisions of this PUD Guide.
Building construction within the PUD is governed by the applicable Town of Avon ordinances, rules and
regulations.
A. Intention
The intention of the Brookside Park PUD is to provide for an architecturally integrated residential
or mixed use residential and commercial campus with appropriate uses, development standards
and regulatory controls.
B. Definitions
All terms used in this PUD Guide shall be as defined in Chapter 7, Development Code of the
Town of Avon Municipal Code unless otherwise defined in this section of the PUD Guide.
C. Allowable Uses by Right — Residential
1. Multiple Family dwelling units including townhomes, condominiums and
apartments.
2. Short term rentals
D. Allowable Uses by Right — Commercial
Building A contains 30,000 useable square feet that is designated as commercial space. The
following uses are allowed within the areas designated as commercial on the Building A floor
plans that are incorporated within this PUD Development Plan.
1. Professional Offices including Design Studios
2. Medical Outpatient Offices
3. Retail/Wholesale Furniture Stores and Showrooms
4. Retail/Wholesale Home Furnishing Stores and Showrooms
5. Retail/Wholesale Architectural Products Stores and Showrooms
6. Retail/Wholesale Household Appliance Product Stores and Showrooms
7. Antique Stores and Showrooms
8. Art Galleries /Frame Shops
9. Restaurants
E. Allowable Uses By — General
1. Recreation Amenities including swimming pools and hot tubs
Ord 13 -06 Brookside Park Final PUD Amendment
May 28, 2013
Page 5 of 6
F. Snecial Review Uses
1. Home Occupations
2. Retail Stores not specifically listed as a Use by Right.
3. Church
4. On -Site Rental Office
G. Accessory Uses
1. Interior and Exterior uses customarily accessory to residential and Commercial
uses shall be allowed.
H. Development Standards
Maximum Density: 78 dwelling units
Maximum Useable Commercial Area: 30,000 Square Feet
Building Height: 60 feet
Minimum Building Setbacks:
Front: 25 Feet
Side: 7.5 Feet
Rear: 10 Feet
Eagle River: 30 Feet as defined in Section 17.50.110 of the Town of
Avon Municipal Code.
Building setbacks shall apply to the PUD perimeter property line only.
Internal lines created for phasing delineation of for individual unit
ownership shall not apply.
Maximum Site Coverage: 50%
Minimum Landscape Area: 20%
Parking:
Residential: 2 spaces per dwelling unit
10 guest spaces
Commercial: 4.3 spaces per 1,000 square feet of useable floor area
Density Allocation
Lot 1, Brookside Center
Lot 2 The Lodge at Brookside Park
Lot 3 The Townhomes at Brookside Park
Brookside Center
24 dwelling units (subject to Section J)
40 dwelling units
14 dwelling units
The Brookside Center building may consist of up to 30,000 square feet of useable
commercial space or as a residential building of up to 24 dwelling units, or may be a
mixed use option of the allowed commercial uses on the first floor and residential on the
second floor.
In the mixed use option described in the preceding paragraph the maximum density shall
be no more than 16 units located on the second floor of the building. The units shall be
restricted to a maximum of 8 studio units and 8 one - bedroom units, or in a configuration
that creates a residential parking demand of no more than 29 parking spaces.
Ord 13 -06 Brookside Park Final PUD Amendment
May 28, 2013
Page 6 of 6
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TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Jared Barnes, Planner 11
Date: June 11, 2013 `
Agenda Topic: Second Reading of ordinance 13 -o6, Approving a Final PUD Amendment for Lot 1,
Brookside Park PUD, Eaglewood Subdivision
Introduction
Rick Pylman of Pylman & Associates, the Applicant, representing Riverview Park Associates, the Owner, is
requesting a Planned Unit Development (PUD) amendment to modify the allowed uses to include up to
twenty -four (24) residential dwelling units (The "Application ") on Lot 1, Brookside Park PUD, Eaglewood
Subdivision (the Property). The application is being processed as a Preliminary PUD amendment.
Attached to this memo are a Vicinity Map (Attachment A), Brookside Park PUD Amendment Application
(Attachment B), Town Council Finding of Fact for Preliminary PUD Amendment (Attachment C), Public
Input (Attachment D), PZC "Finding of Fact, Record of Decision, and Recommendation" (Attachment E),
Financial Analysis Memo from Scott Wright, Finance Director (Attachment F), and Draft Ordinance 13 -o6
(Attachment G).
Update
s` At their May 28th, 2013 meeting the Town Council approved the first reading of Ordinance 13 -o6.
The discussion during that meeting centered on the modifications made to the application
between the approval of the preliminary PUD application and the final PUD application.
Application Process ( §7.i6.02o, AMC)
PUD Process
The Brookside Park PUD amendment is being processed as a Preliminary PUD Amendment and
subsequent Final PUD Amendment. During the fall of 2012, the Town processed a Preliminary PUD
Amendment for the subject property. The Preliminary PUD Amendment included two (2) public hearings
before the PZC and three (3) public hearings before the Town Council. The Application is requesting a Final
PUD Amendment approval.
Agency Referrals
Pursuant to AMC §7.16.020(c)(2), Staff referred the Application to Eagle County Planning Department,
Eagle River Water and Sanitation District, and the Eagle River Fire Protection District for Comments.
Comments were received from the Eagle River Water and Sanitation District and Eagle River Fire
Protection District and are included as Attachment D.
Public Notification
In order to comply with the Public Hearing and pertinent noticing requirements, a mailed notice was
provided to all property owners within 300' of the property. In addition, a notice was published in the Vail
Daily newspaper on Friday, May 17, 2013.
Public Hearings
The PZC held a public hearing at their April 16`h, 2013 meeting. The PZC review and recommendation is
outlined in this report. The Council will make the final decision on this Application after two (2) public
hearings.
Background
The Brookside Park PUD was approved via Ordinance 96 -8. The Brookside Park PUD allowed the
development of forty -six (46) dwelling units and 30,000 square feet (sq. ft.) of commercial space. The
PUD development plan and accompanying plat subdivided the parcel into three (3) lots. Lot 1 consists of
the Brookside Center office building, which contained the entirety of the allowed commercial square
footage, as well as the pool and hot tub amenities for the entire PUD. Lot 2 is comprised of the Lodge at
Brookside Park, which was to be developed with thirty -two (32) multi - family dwelling units. Lot 3
contained the Townhomes at Brookside Park and was developed with fourteen (14) townhome dwelling
units. A regional trail and associated easement along the Eagle River was provided as a public benefit with
this approval.
The Brookside Park PUD was first amended via Ordinance 97 -3 which increased the total allowed dwelling
units from forty -six (46) to fifty -four (54) and the maximum height for Lot 2 from sixty (6o) feet to sixty -
three (63) feet. The additional eight (8) units were added to Lot 2 increasing it to forty (40) condominium
units. The amendment included a public benefit of a four (4) foot wide sidewalk along the southern
property line from the site entrance on Highway 6 to the eastern property line and then along CDOT right -
of -way to W. Beaver Creek Blvd, as well as three (3) deed - restricted housing units.
The Brookside Park PUD was amended a second time via Ordinance 97 -13. This amendment included
"restaurants" as an allowed use for Lot 1. The Brookside Park PUD was amended a third time via
Ordinance 10 -04. The amendment only pertained to Lots 2 and 3 and modified the PUD to include "short
term rentals" as a use by right. The attached application document (Attachment B) includes the original
PUD including the two (2) 1997 amendments (Ordinances 97 -3 and 97 -13) as well as the proposed PUD
amendment.
Proposed PUD Amendment
The Application proposes to amend the PUD to allow future flexibility to convert a portion or all of the
Brookside Center office building to residential dwelling units. The application proposes a maximum of
twenty -four (24) dwelling units in a loft style consisting of two (2) and three (3) bedroom configurations.
The amended PUD Guide (Attachment B) includes the above mentioned modifications as well as other
minor amendments, as discussed below.
Within the first few paragraphs of the proposed PUD, the applicant has modified language to: (1) correct
the legal description; (2) update the total allowed dwelling units to include the requested twenty -four (24)
additional units; and, (3) include residential in the intention of the PUD.
The first substantive amendment is the inclusion of Short Term Rentals as an allowable use by right. This
inclusion formalizes and expands upon Ordinance 10 -04, as it only applied to Lot 2 and 3. The uses by right
are limited to Multi - Family dwelling units and Short Term Rentals, while timeshares and other forms of
interval ownership are not allowed.
Lot 1, Brookside Park PUD — Brookside Park Final PUD Amendment Page 2
The next amendment is the inclusion of Section I. This section provides a maximum density allocation per
lot for the Brookside PUD. As exhibited in this section, Lot 1 is allocated twenty -four (24) dwelling units,
Lot z is allocated forty (40) dwelling units, and Lot 3 is allocated fourteen (14) dwelling units. To better link
this with the mixed use development option, Section 1(1) includes a caveat that the maximum density is
subject to Section J.
The final amendment is the addition of Section J. This section provides parameters for how the existing
Brookside Center building may convert to partial residential or completely residential. As stated in the
proposed PUD guide, Brookside Center would be limited to the following options if this application is
approved:
1. Up to 30,00 sq. ft. of useable commercial space;
2. A residential building of up to 24 dwelling units; or,
3. Commercial on the first floor and residential on the second floor.
Preliminary PUD Amendment
As discussed previously in this report, the process for the Application is two (z) steps: Preliminary PUD
Amendment; and, Final PUD Amendment. The Application is predicated on the previous approved
Preliminary PUD Amendment, which was approved by the Town Council pursuant to their Finding of Fact
(Attachment C). This approval allowed the Applicant to progress to the Final PUD Amendment process
and submit the Application. The Town Council made findings related to the review criteria and public
benefit as presented in Attachment C and also included conditions of approval as stated below:
(a) The proposed PUD Guide be amended to limit the number of residential units allowed to sixteen
(16) only in the instance the second story converts to residential uses, while the first floor
remains commercial.
(b) The proposed PUD Guide section H be amended to clarify the requested maximum density of
seventy -eight (78) dwelling units.
(c) A majority of the parking row adjacent to the southerly property line be the first section of
parking removed and landscaped with a full conversion from Commercial office to Residential
uses.
The Application substantially complies with the Preliminary PUD Amendment application. The only
modifications from that application were to addresses the conditions of approval from the Town Council
and none of which materially alter the application.
PZC Review
The PZC held a public hearing on April 16`h, 2013 regarding the Application. They discussed the proposed
Application with respect to compliance with the Preliminary PUD, the public benefit criteria, and the
appropriateness of commercial uses in the Town Core. Ultimately the PZC approved a "Findings of Fact,
Record of Decision, and Recommendation" (Attachment E) with six (6) findings and one (1) condition.
Staff Analysis
Staff supports the above mentioned amendments as they provide greater clarity to the allowed uses
throughout the PUD as well as provide strict density allocations to each Lot. The inclusion of Section J also
assists in clarifying how Lot 1 would transition to include residential uses. Staff is of the opinion that the
Lot 1, Brookside Park PUD — Brookside Park Final PUD Amendment Page 3
amendment from commercial uses to residential uses will result in a reduced impact on the neighboring
properties as well as the Town as a whole for the reasons discussed below in this report.
First, the proposed modifications will ultimately result in a reduction in required parking due to the less
restrictive requirements of residential land uses. The chart below outlines the parking provided as of
today, while also depicting the required parking for the mixed -use building option and the full residential
building option.
As seen in the above table, the applicant is indicating that when a conversion occurs some of the existing
surface spaces will be removed and replaced with a landscaped area or pocket park. The Application has
been revised from the Preliminary PUD review to indicate that the row of parking adjacent to Highway 6
will be either mostly removed or removed in its entirety depending on the conversion scenario and as
exhibited in Attachment B. In either instance, the current provided parking is sufficient to allow a
conversion of uses to occur on the site and reduce the overall need for parking spaces.
Second, as exhibited by Attachment B, the conversion from commercial office to residential uses will
reduce the traffic demand on the property. An analysis performed by Gary Brooks, Alpine Engineering,
states that a reduction in overall traffic volume will occur from one hundred and one (1o1) to thirty -five (35)
vehicle trips per day. He also quantifies the reduction in average vehicle trips per day for AM and PM Peak
Hours. In summary, the impact on traffic is less for residential uses than for commercial uses.
Third, a conversion from commercial uses to residential uses will result in a reduced need for attainable
housing. Section 7.20.1oo, Employee Housing Mitigation, sets forth the formulas for calculating attainable
housing requirements based on types of development, such as commercial, lodging /hotels, and
residential /property management. Although this section of code does not apply to a PUD amendment, it
provides a comparison on the intensity of uses with regard to housing needs and employee generations.
Lot 1, Brookside Park PUD — Brookside Park Final PUD Amendment Page 4
Full Commercial
Building
ist Floor Commercial/ 2"d Floor
Residential
Full Residential Building
Parking
O 120 (@ 4 per i,000
. Commercial: 6o (@ 4 per 1,000
. 54 (@ 2 per unit + 6 guest spaces)
Required
SF);
SF);
® 90 (@ 3 per i,000
® Residential: 37 (@ 2 per unit + 5
SF)
guest spaces)
® Total: 97 spaces
Parking
122 spaces (35 garage +
97 spaces (35 garage remaining)
® 54 spaces (35 garage remaining)
Proposed
87 surface spaces)
® 27 surface spaces converted to a
® 68 surface spaces converted to a
landscaped area
landscaped area.
As seen in the above table, the applicant is indicating that when a conversion occurs some of the existing
surface spaces will be removed and replaced with a landscaped area or pocket park. The Application has
been revised from the Preliminary PUD review to indicate that the row of parking adjacent to Highway 6
will be either mostly removed or removed in its entirety depending on the conversion scenario and as
exhibited in Attachment B. In either instance, the current provided parking is sufficient to allow a
conversion of uses to occur on the site and reduce the overall need for parking spaces.
Second, as exhibited by Attachment B, the conversion from commercial office to residential uses will
reduce the traffic demand on the property. An analysis performed by Gary Brooks, Alpine Engineering,
states that a reduction in overall traffic volume will occur from one hundred and one (1o1) to thirty -five (35)
vehicle trips per day. He also quantifies the reduction in average vehicle trips per day for AM and PM Peak
Hours. In summary, the impact on traffic is less for residential uses than for commercial uses.
Third, a conversion from commercial uses to residential uses will result in a reduced need for attainable
housing. Section 7.20.1oo, Employee Housing Mitigation, sets forth the formulas for calculating attainable
housing requirements based on types of development, such as commercial, lodging /hotels, and
residential /property management. Although this section of code does not apply to a PUD amendment, it
provides a comparison on the intensity of uses with regard to housing needs and employee generations.
Lot 1, Brookside Park PUD — Brookside Park Final PUD Amendment Page 4
As is exhibited in the table above, a reduction in commercial square footage has a direct result in a reduced
need for attainable housing. The existing commercial building would create the need for four (4)
attainable housing units, while the partial conversion would only create the need for two (2) units and the
full residential conversion would create the need for zero (o) units. Furthermore, if the same formulas
were applied to the entire Brookside Park PUD the total seventy -eight (78) units would require only a
single attainable housing unit. As stated previously in this report, the applicant has already provided three
(3) deed restricted housing units, which exceeds the amount required by the formula in the Municipal
Code.
The proposed modification will result in a need for additional water rights. Currently, the Brookside Center
building is allocated ten and three - tenths (1o.3) single family equivalents (SFE). If the entire building
converts to twenty -four (24) dwelling units as proposed, the building will need twenty -four (24) SFEs. if
the project contains both commercial and residential uses, the SFE requirement will be more complicated
to calculate, but will likely result in a need for additional SFEs in an amount less than the full conversion
option. The applicant will be required to provide proof of sufficient water rights, through either dedication
or payment -in -lieu from the Upper Eagle Regional Water Authority (UERWA) prior to any issuance of a
building permit for conversion to residential uses.
Staff has reviewed the public comment received from the Eagle River Fire Protection District (ERFPD). The
Applicant has acknowledged that a review of the fire alarms and fire sprinklers will be addressed during a
building permit process. Staff has determined that the permissible uses pursuant to the PUD Guide would
not allow an industrial application; therefore the second concern is inapplicable.
Staff has also performed a financial analysis (Attachment F). In summary, the conversion from Commercial
uses to residential uses will result in a decrease in property taxes of approximately one -third (113). The
conversion will provide an initial increase in Real Estate Transfer Tax, which will have an on -going
component to it as properties are resold. The inclusion of short-term rentals, as an allowable use, will
increase the sales and accommodation taxes the Town receives, but there is no metric to quantify that
amount.
Lot 1, Brookside Park PUD - Brookside Park Final PUD Amendment Page 5
Full Commercial
1" Floor Commercial/ 2'6
Full Residential
Brookside Park
Building
Floor Residential
Building
PUD
Size of
30,000 SF
15,000 SF and 16 Units
24 units
78 units
Development
Jobs
(30000 *2.8) /1000 =
(15000 *2.8) /l000 = 42
(24 *0.4) = 9.6 Jobs
(78 *0.4) = 31.2 Jobs
Generated
84 jobs
(16 *o.4) = 6.4
Total of 48.4 Jobs
Employees
(84/1.2) = 70
(48.4/1.2) = 40.33
(9.6/1.2) = 8
(31.2/1.2) = 26
Generated
Employees
Employees
Employees
Employees
Households
(70/1.8) = 38.88
(40.3311.8) = 22.41
(8/1.8) = 4.44
(26/1.8) = 14.44
Generated
Households
Households
Households
Households
Units
(38.88 *0.1) = 3.88
(22.41 *0.1) = 2.24 Units
(4.44 *0.1) = 0.44 Units
(14.44 *0.1) = 1.44
Required
Units
Units
As is exhibited in the table above, a reduction in commercial square footage has a direct result in a reduced
need for attainable housing. The existing commercial building would create the need for four (4)
attainable housing units, while the partial conversion would only create the need for two (2) units and the
full residential conversion would create the need for zero (o) units. Furthermore, if the same formulas
were applied to the entire Brookside Park PUD the total seventy -eight (78) units would require only a
single attainable housing unit. As stated previously in this report, the applicant has already provided three
(3) deed restricted housing units, which exceeds the amount required by the formula in the Municipal
Code.
The proposed modification will result in a need for additional water rights. Currently, the Brookside Center
building is allocated ten and three - tenths (1o.3) single family equivalents (SFE). If the entire building
converts to twenty -four (24) dwelling units as proposed, the building will need twenty -four (24) SFEs. if
the project contains both commercial and residential uses, the SFE requirement will be more complicated
to calculate, but will likely result in a need for additional SFEs in an amount less than the full conversion
option. The applicant will be required to provide proof of sufficient water rights, through either dedication
or payment -in -lieu from the Upper Eagle Regional Water Authority (UERWA) prior to any issuance of a
building permit for conversion to residential uses.
Staff has reviewed the public comment received from the Eagle River Fire Protection District (ERFPD). The
Applicant has acknowledged that a review of the fire alarms and fire sprinklers will be addressed during a
building permit process. Staff has determined that the permissible uses pursuant to the PUD Guide would
not allow an industrial application; therefore the second concern is inapplicable.
Staff has also performed a financial analysis (Attachment F). In summary, the conversion from Commercial
uses to residential uses will result in a decrease in property taxes of approximately one -third (113). The
conversion will provide an initial increase in Real Estate Transfer Tax, which will have an on -going
component to it as properties are resold. The inclusion of short-term rentals, as an allowable use, will
increase the sales and accommodation taxes the Town receives, but there is no metric to quantify that
amount.
Lot 1, Brookside Park PUD - Brookside Park Final PUD Amendment Page 5
PUD Review Criteria
Pursuant to §7.16.o6o(e)(4), Review Criteria, AMC, the PZC shall consider a number of review criteria when
evaluating the Application. The following criteria must be considered when forming the basis of a
recommendation:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and /or incorporates
creative site design such that it achieves the purposes of this Development Code and represents an
improvement in quality over what could have been accomplished through strict application of the
otherwise applicable district or development standards. Such improvements in quality may include, but
are not limited to: improvements in open space provision and access; environmental protection;
tree /vegetation preservation; efficient provision of streets, roads, and other utilities and services; or
increased choice of living and housing environments.
Staff Response: The stated purposes of §7.04, Development Code, AMC, and §7.16.o6o, PUD, AMC,
include statements regarding the implementation of the Comprehensive Plan; regulating intensity of
use; avoiding increased demands on public services and facilities; and provide for compatibility with the
surrounding area, among other statements. PUD zoning by nature of its composition inherently
affords opportunities to provide creative site design and planning.
The proposed amendment provides flexibility going forward as it allows for both residential and
commercial uses, but provides a set amount of commercial square footage and maximum number of
residential units. The amendment to this zone district brings the standards more in line with mixed -use
districts that allow both commercial and residential uses. During the Preliminary PUD review the Town
Council determined through their recommendation (Attachment C) that the Application confers a
substantial benefit to the Town: by lessening the impact on the need for attainable housing; the
reduction is surface parking and its replacement with landscaped areas; and that the previously
provided public benefits: three (3) deed restricted units; a regional trail and associated easements; and,
a sidewalk along the southern property line, were sufficient for the PUD.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
Staff Response: The Application does not negatively affect the public health, safety and welfare. The
inclusion of residential uses modifies the Brookside Center building to become more compatible with
the immediately adjacent multi - family residential uses.
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development
Code, and the eligibility criteria outlined in §7.16.o6o(b);
Staff Response: The proposed PUD amendment appears to meet all of the eligibility criteria as outlined
in §7.16.o6o(b). §7.16.o6o(b)(5), Public Benefit, states: "A recognizable and material benefit will be
realized by both the future residents and the Town as a whole through the establishment of a PUD,
where such benefit would otherwise be infeasible or unlikely." As was previously discussed in Review
Criteria #1, the Town Council determined during the Preliminary PUD that substantial public benefits
were already provided. Furthermore, the determination of the PZC and Town Council was the
Application reduced the impacts on the property.
The Avon Comprehensive Plan includes this property within District zo: River Residential District. It is a
low priority district and some of the planning principals include:
Lot 1, Brookside Park PUD — Brookside Park Final PUD Amendment Page 6
• Encourage redevelopment to take into consideration the objectives of the Eagle River Watershed
Management Plan including river setbacks and best practices for development in proximity of the
river;
• Encourage the further connection and enhancement of the ECO Trail;
• Plant indigenous trees and shrubs to screen existing large residential buildings along US Highway 6
and provide landforms and landscaping between residences and US Highway 6;
• Enhance the pedestrian experience by adding sidewalks along all roads on the valley floor.
The current development and PUD takes into consideration these planning principals. The previous
PUD establishment and amendments provided a development plan that included a regional trail along
the Eagle River, a sidewalk along the southern property line, and a development configuration that
responded to the river and adjacent properties.
The Future Land Use map included in the Comprehensive Plan identifies Lot 1 as "Neighborhood
Commercial ". The intent of this district is to allow for a mix of residential, small -scale neighborhood
serving commercial and civic uses. It specifically states that townhouse and multi - family units are
allowed within this district. The dimensional standards do not specify a maximum density or units per
building, but the subsection discussing water rights dedication identifies seven and one -half (7.5)
dwelling units (DU) per acre. The PUD amendment proposes eleven and four - tenths (11.4) DU /acre,
which exceeds the maximum density for the NC district. The zoning code allows maximum densities as
follows: Residential Low Density (RLD) — seven and one -half (7.5) DU /acre; Residential Medium Density
(RMD) — fifteen (15) DU /acre; Residential High Density (RHD) — twenty (20) DU /acre; Residential High
Density Commercial (RHDC) — twenty (zo) DU /acre. As seen the proposed density falls within the RMD
district and is less than the previous zoning on the property, RHDC. Furthermore, it is compatible with
the surrounding properties' density, as follows: Sunridge Phase I I — approximately twenty (zo) DU /acre;
Lodge at Brookside — thirty -three (33) DU /acre; and, Townhomes at Brookside — eleven (11) DU /acre.
Following is a list of Goals and Policies from the Comprehensive Plan to consider when reviewing in light
of this amendment request:
Goal 0. Provide a balance of land uses that offers a range of housing options, diverse commercial
and employment opportunities, inviting guests accommodations, and high quality civic and
recreational facilities, working in concert to strengthen Avon's identity as both a year -round
residential community and as a commercial, tourism and economic center.
Policy C.2.1. Promote a wide range of residential uses including single family, duplex, multifamily,
and vertically integrated residential units (housing on the upper floors of mixed -use buildings)
throughout the town.
Policy D.2.3. Improve the streetscape along US Highway 6 to strengthen Avon's overall community
image and to stimulate future development and redevelopment by providing a more attractive and
cohesive street edge.
Policy E.1.2. Permit home occupations and live/work opportunities where there is minimal negative
impact to the neighborhood to reduce traffic/commuting impacts in the community and provide
affordable options for local entrepreneurs.
Staff Response: The proposed PUD amendment will increase the opportunities for housing
options by allowing an additional twenty -four (24) multi - family dwelling units as well as guest
accommodations through the inclusion of Short Term Rentals as an allowed use. The lack of
Lot 1, Brookside Park PUD — Brookside Park Final PUD Amendment Page 7
inclusion of Timeshare uses, will ensure that these units are wholly owned and could increase their
potential for year -round residents. The allowance for conversion of the second story to residential
uses, while maintaining the commercial uses on the first floor, will create the vertically integrated
residential units discussed in Policy C.2.1. As stated previously in this report, the conversion from
commercial uses to residential uses will result in a reduction in required parking and the
Application proposed to reduce the amount of surface parking and return some of the area to a
landscaped state, specifically along US Highway 6. Although the PUD amendment doesn't
commit to a specific live /work design, the allowance for the second story residential units with the
ground level commercial office provides an opportunity for live /work scenarios.
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and
fire protection, and sewage and waste disposal, as applicable) will be available to serve the
subject property while maintaining adequate levels of service to existing development;
Staff Response: As proposed, the PUD amendment has no effect on most services. As mentioned
previously in this report, Staff believes additional water rights will be required to adequately serve the
Property when a conversion to residential units begins.
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon the natural environment, including air, water, noise, storm water
management, wildlife, and vegetation, or such impacts will be substantially mitigated;
Staff Response: The property was rezoned in 1996 from Residential High Density Commercial (RHDC)
to PUD. Ordinance 96 -8 clearly states that the RHDC zoning and any of its associated development
rights were eliminated with this rezoning, therefore no underlying zoning exists. When compared to
the existing PUD, the proposed PUD amendment will not result in any adverse impacts upon the
natural environment as setbacks from the Eagle River have been established and are preserved. In
addition, the reduction of asphalt and increase of landscaped area should reduce the demand on the
storm water management that exists on the property.
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon other property in the vicinity of the subject tract; and
Staff Response: The approval of the PUD amendment would reduce any adverse impacts that
commercial office has on adjacent residential properties. In addition, the increase in residential uses is
consistent with adjacent properties including: Lodge at Brookside Park, Townhomes at Brookside Park,
and Sunridge Condominiums.
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future
uses on other properties in the vicinity of the subject tract.
Staff Response: As proposed, the Application will either increase the compatibility with uses or
potential future uses on other properties in the vicinity, or will result in no change to uses as currently
exist.
Lot 1, Brookside Park PUD — Brookside Park Final PUD Amendment Page 8
Council Action:
If the Council is satisfied with the PZC recommendation and Application, they should approve the Second
Reading of Ordinance No: i3 -o6 after conducting a public hearing.
Attachments:
A: Vicinity Map
B: Application Materials
C: Town Council approved "Findings of Fact"
D: Public Comment
E: PZC "Findings of Fact, Record of Decision, and Recommendation"
F: Financial Analysis Memo from Scott Wright, Finance Director
G: Draft Ordinance 13 -o6
Lot 1, Brookside Park PUD — Brookside Park Final PUD Amendment Page 9
Attachment A
A NavarroLoumey E C 0,1',�,L E X'Project
P U D Al E N D,'M YEN T
fi�� IP JIF" L ti Chllt 0 t4
Atttachment B
Prepared For:
Riverview Park Associates, Inc.
37347 US Highway 6
Avon, Colorado
Prepared by:
Pylman & Associates, Inc.
137 Main Street C107W
Edwards CO
970 - 926 -6065
Sherman & Howard L.L.C.
37347 US Highway 6
Brookside Park Suite 210
Avon, Colorado
January 2013
Atttachment B
1.0
Introduction 1
2.0
Summary of PUD Changes 3
3.0
Avon Comprehensive Plan 5
4.0
PUD Intent & Eligibility 5
5.0
PUD Review Standards 5
6.0
Subdivision Review Criteria 7
7.0
Summary 8
Appendices
Existing approved PUD Guide
Proposed Revised PUD Guide
Existing Approved Site Development Plan
Conceptual Proposed Site Plan — Partial Conversion
Conceptual Proposed Site Plan — Full Conversion
Existing approved Final Plat
Conceptual Residential Unit Layout
Atttachment B
Introduction /Description of Request
Brookside Park is a mixed use office and residential campus located at 37347 US
Highway 6 in Avon, Colorado.
The Town of Avon approved Brookside Park as a PUD in 1996 via Ordinance # 96 -8.
The approved Site Development Plan consists of three separate development parcels.
The Townhomes at Brookside Park ( "Lot 3 ") consists of 14 townhome units with
individual garage bays and additional surface parking. The Lodge at Brookside Park
( "Lot 2 ") includes 40 condominium units with underground and surface parking.
Brookside Center ( "Lot 1 ") is a 30,000 square foot two story professional office and
retail building with underground and surface parking. All three buildings share a
common access point off of US Highway 6. The access point is located on the Brookside
Center parcel. An easement allows access across this parcel to the Lodge and
Townhomes parcels.
The purpose of this PUD Amendment is to revise the Brookside Park PUD in a manner
that would allow future flexibility to convert the Brookside Center office building to a
residential use of up to twenty -four dwelling units. No change is proposed to either the
Lodge or Townhomes parcels.
Riverview Park Associates, Inc. ( "RPA ") was the original developer of the Brookside
Park project and has maintained ownership of the Brookside Center office building since
its construction fifteen years ago in 1997. At that time, there was a lack of new Class
"A" office space in Avon and the Brookside parcel offered an opportunity for new
construction of a modern office building. Originally envisioned as an office and retail
complex, the retail uses never materialized while the office space has been successful.
Since 1997, a significant amount of new office space has been built in the core areas of
Avon and Edwards and the competition for Class "A" office space has resulted in varying
levels of demand for office space in the Brookside Center building.
This proposal would amend the existing Brookside Park PUD to create the opportunity, if
desired, to convert the existing 30,000 square foot office building into a loft style
residential building of up to 24 dwelling units. The proposed amendment only considers
the following use mix possibilities; a) all current allowed uses of retail and office, b) all
residential or c) current allowed uses of retail and office on the first floor and residential
on the second floor.
A Town of Avon PUD Amendment and a Major Subdivision process is required to obtain
approval for this proposed change to the PUD. In accordance with the Avon
Development Code, these applications may be reviewed concurrently under one
application that addresses the information requirements of each individual application.
The PUD Amendment process is a two -step process that includes a PUD Preliminary
Plan as the initial step and a PUD Final Plan as the second part of the process.
Atttachment B
In October of 2012 the Town of Avon Town Council approved a combined PUD
Preliminary PUD Amendment and Major Subdivision application for the Brookside Park
PUD.
The PUD Preliminary Plan application was approved with three conditions that have been
addressed within this PUD Final application:
a) The proposed PUD Guide be amended to limit the number of residential units
allowed to sixteen (16) only in the instance the second story converts to
residential units, while the first floor remains commercial.
b) The proposed PUD Guide section H be amended to clarify the requested
maximum density of seventy -eight (78) dwelling units.
c) A majority of the parking row adjacent to the southerly property line be the first
section of parking removed and landscaped with a full conversion from
Commercial office to Residential uses.
This application and the information contained herein have been designed to address the
requirements of Final PUD and Subdivision applications. The only subdivision action
that would be associated with this PUD proposal is a condominium map, if and when the
residential conversion is completed. No external lot lines or internal parcel lines would
be altered.
There is one significant change to this Final PUD application from the approved
Preliminary PUD application. In order to address the Town of Avon desire to eliminate
some of the Brookside parking along Highway 6 and still meet the Town of Avon
parking requirements, additional restrictions have been added to the partial conversion
scenario. Under the partial conversion scenario, the applicant is proposing that the
sixteen units allowed would be further restricted to eight studio units and eight one -
bedroom units. This reduces the overall parking requirement of the partial conversion to
an amount that would allow removal of most of the existing parking east of the property
entrance along Highway 6.
A conceptual residential floor plan has been included in this application for purposes of
understanding how the full residential conversion may be achieved.
There will be very little physical change to the Brookside Center property associated with
this amendment. The current commercial parking provision of 4 spaces per 1000 square
feet of commercial will result in an excess of parking under a residential conversion. The
residential parking demand is generally less, on a square footage basis, than the
commercial parking demand. An area of existing parking in front of the Brookside
Center and Lodge buildings would be converted to a landscape yard area and plaza under
the residential conversion scenario. Detailed parking calculations are presented later in
Atttachment B
this application narrative. Conceptual site plans indicating how this landscape
opportunity may be realized, for both the partial and full conversion scenario, have also
been included with this application. The common area and landscaping associated with
the Brookside Center building will be maintained by the building owners association.
Minor architectural revisions to the building would occur with the residential conversion.
The architectural and landscape revisions would be properly addressed through the Town
of Avon design review process.
Summary of PUD Guide Changes
The approved Brookside Park PUD Site Development Plan details the approved and
allowed site development standards for Brookside Park. The following section describes
these site development standards and compares them to the proposed amendment.
Intention
The listed intention of the Brookside Park PUD is to " "provide for an architecturally
integrated mixed use residential and commercial campus with appropriate uses,
development standards and regulatory controls." The proposed concept remains in
compliance with this overall intent. To amend the PUD to allow for the potential
conversion of the Brookside Center office space to residential, the above written intention
would be amended as follows:
The intention of the Brookside PUD is to provide for an architecturally integrated
residential or mixed use residential and commercial campus with appropriate
uses, development standards and regulatory controls.
Allowable Uses - Residential
The approved plan lists townhomes, condominiums and apartments as allowable uses and
does not categorize these uses by separate parcel. This may be interpreted to clearly state
that residential uses are already allowed on the Brookside Center parcel and does not
require any amendment.
Allowable Uses — Commercial
The approved Site Development Plan lists professional offices, restaurant and retail
furniture, home furnishing, architectural products, appliances, antiques and art stores as
allowed uses in Building A — Brookside Center. The approved site plan shall be amended
to state that Brookside Center shall allow the above listed uses and /or up to 24 dwelling
units.
Development Standards
The maximum residential density of the current approved plan Brookside Park PUD is 54
units. As currently constructed the density is allocated as 14 townhouse units to The
Townhomes at Brookside Park and 40 units to The Lodge at Brookside Park. An
Atttachment B
additional 24 dwelling units must be added to the overall density and allocated to the
Brookside Center parcel. This will result in a new total density of 78 dwelling units.
The maximum building height of 60 feet does not require any amendment. The
conversion of office space to residential will be able to take place well within this
existing height limit.
Existing building setbacks as written in the PUD Site Development Plan are 25 feet to the
front (street), 7.5 feet to the side property line, 10 feet to the rear and thirty feet to the
Eagle River. Property lines are defined as the exterior boundary of the approved Site
Development Plan and not to interior parcel boundaries.
There is no issue with the existing setback requirements with this revised PUD. There is
room to expand /add building balconies around most of the Brookside Center building.
Maximum site coverage for the PUD is currently listed at 50 %. This requirement may
remain unchanged within the revised PUD Guide.
The minimum landscape area requirement is 20% of the overall site area. This
requirement may also remain unchanged within the revised PUD Guide.
Parking
The current parking requirements for the Town of Avon as they apply to Brookside are as
follows:
Commercial — General commercial 4 per 1000 sq. ft.
Restaurant — l per 60 sq. ft. of seating area
Office is 3 per 1000 sq. ft.
Residential 2 per unit plus guest,
Guest -2 for 3 -5 units
3 for 5 -10 units
4 for 11 -15 units
5 for 16 -20 units
6 for 21 -25 units
7 for 25 units +1 for every additional 5 units.
The existing Brookside Center office building is in full compliance with the current
parking requirements. There are 87 surface and 37 underground parking spaces
associated with the building, for a total of 124 parking spaces.
The partial residential conversion scenario of first floor commercial and sixteen units on
the second floor, with size restrictions placed on the .units, will result in a parking demand
of 89 parking spaces. The sixteen unit plan would be restricted to eight studio units and
eight one bedroom units. This allows 35 existing parking spaces available for conversion
to landscape area.
Atttachment B
The full residential conversion to twenty -four units would create a parking demand of
only 54 parking spaces.
Conceptual site plans have been developed for each scenario that shows how the surplus
parking spaces would be converted to landscape area. Final design landscape plans
would be developed for the required design review process, if and when a conversion
would take place. A small number of parking spaces above the minimum requirements
may be maintained.
Avon Comprehensive Plan
The Avon Comprehensive Plan Future Land Use Map indicates the Brookside Park area
as residential for the Townhomes and Lodge building and neighborhood commercial for
the Brookside Center parcel. The "Future Land Use Map" reflects the current uses.
The Avon Comprehensive Plan details localized sub - districts within the community.
Brookside Park is located within District 20: River Residential District. The proposed
amendments to Brookside Park are in harmony with all of the identified planning
principles for Planning District 20.
The Town of Avon Planning Commission and the Town Council each found the PUD
Preliminary Plan application to be in conformance with the Avon Comprehensive Plan.
There is no change to this PUD Final application that should alter that finding.
PUD Intent & Eligibility
The Avon Development Code includes sections on PUD intent and eligibility. The
Brookside Property was designated as a Planned Unit Development in 1997, well before
the current Development Code was adopted. However, the existing Brookside property
and the proposed amendment is in full compliance with Section 7.16.060,(a), 1 through 9,
which describes the intent of a PUD.
The existing Brookside Park and the proposed amendment are also in full compliance
with Avon Development Code Section 7.16.060 (b), Eligibility Criteria.
PUD Review Standards
The Avon Development Code Section 7.16.060(e) 4 details criteria that shall be
considered by the PZC and Town Board as a basis for their recommendation or
decision for a new PUD. The following criteria must be met by any new PUD or for
any amendment to an existing PUD. Due to the nature of the proposed amendments
several of these elements are not applicable to this particular proposal.
(1) The PUD addresses a unique situation, confers a substantial benefit to the
Town and /or incorporates creative site design such that it achieves the
purposes of this Development Code and represents an improvement in quality
Atttachment B
over what could have been accomplished through strict application of the
otherwise applicable district or development standards. Such improvements
in quality may include, but are not limited to: improvements in open space
provisions and access; environmental protection: tree /vegetation
preservation; efficient provision of street, roads and other utilities and
services; or increased choice of living and housing environments.
The Brookside Park PUD was initially established in 1996 as a mixed use residential
and office complex. At that time, there was no existing applicable zone district that
would allow for both the residential uses and office /retail uses in a manner
envisioned for the property. The creative site design and the setting along the Eagle
River made the application of PUD zoning appropriate for Brookside. This proposed
amendment is in harmony with the original concept and the PUD amendment
process remains the appropriate method for reviewing this application.
(2) The PUD rezoning will promote the public health, safety and general
welfare;
The existing PUD zoning has been in place for fifteen years and has been
appropriate for the neighborhood and for the property. This proposed amendment
is in harmony with the ideals of promoting public health, safety and general welfare.
(3) The PUD rezoning is consistent with the Avon Comprehensive Plan, the
purposes of this Development Code and the eligibility criteria outlined in
Subsection 7.16060(b);
The amendment to the PUD is in complete conformance with the Avon
Comprehensive Plan. Section 7.04.030 (a) through (p) of the Avon Development
Code details the purpose of the code. This proposed amendment is consistent with
each one of the purpose statements. Section 7.16.060(b) lists seven eligibility
criteria that must be met for establishment of a PUD District. Although this district
is already established, the proposed amendment is consistent with and meets all of
the eligibility criteria.
(4) Facilities and services (including roads and transportation, water, gas,
electric, police and fire protection and sewage and waste disposal, as
applicable) will be available to serve the subject property while maintaining
adequate levels of service to existing development;
All services to serve the existing development are in place and available.
(5) Compared to the underlying zoning, the PUD rezoning is not likely to result
in significant adverse impacts upon the natural environment, including air,
water, noise, storm water management, wildlife and vegetation, or such
impacts will be substantially mitigated;
Atttachment B
The only proposed change to the current approved uses is to allow the conversion of
the 30,000 square foot Brookside Center building from commercial to residential
uses in accordance with this application. This conversion should not create any
significant adverse impact upon the natural environment.
(6) Compared to the underlying zoning, the PUD rezoning is not likely to result
in significant adverse impacts upon other property in the vicinity of the
subject tract;
The potential conversion of Brookside Center from commercial to residential should
not create any adverse impacts to adjacent properties. Brookside is bordered by
Highway 6 to the south and the Eagle River to the north. West of the property is the
edge of the Arrowhead Golf Course. A portion of the Sunridge Condominiums
borders Brookside on the east side. The only site changes that would be a direct
result of the conversion would be a reduction in parking areas and an increase in
landscape area. Traffic in and out of the site would likely decrease.
(7) Future uses on the subject tract will be compatible in scale with uses or
potential future uses on other properties in the vicinity of the subject tract.
The proposed amendment will not change the scale of development on the
Brookside site and should be consistent with this review criteria. The existing
Brookside PUD and the adjacent Sunridge Condominiums have been compatible
neighbors for the past fifteen years.
Subdivision Review Criteria
Section 7.16.070 of the Town of Avon Development Code details seventeen criteria
by which a Preliminary Plan subdivision application shall be reviewed. As the only
subdivision action required by this proposed amendment would be a condominium
map of the residential units several of the criterion are not directly applicable. For
those criteria that are applicable this application was found to be in full compliance
with the requirements and intent of the subdivision code at the time of the
Preliminary Plan approval. At this stage of Final Pud review a formal approval of
these criteria is not again necessary. The previous Preliminary Plan responses have
been repeated within this application narrative for continuity purposes.
No actual site changes would be necessary to complete the conversion, however, a
decrease of parking area and an increase in landscape area could be accomplished
and would be a benefit to the properties.
Beaudin Ganze Consulting Engineers has completed a preliminary level examination
of the existing building and it has concluded that existing water service, fire service,
sewer service and roof drain lines are all adequately sized to allow for a conversion
to residential use. No significant changes will be required for gas, electric or
communication services to the building.
Atttachment B
There will be additional water and sewer fees required for converting commercial
uses to residential based on increased in house water demand. However, the
majority of water demand is from landscape irrigation, which would not change
significantly. Eagle River Water and Sanitation District is currently analyzing water
demand worksheets to determine what additional fees or water rights dedications
to the Town of Avon or Eagle River Water and Sanitation District will be required.
The change of use from office to residential will result in an overall and peak hour
decrease in vehicle trip generation. Alpine Engineering Inc. has calculated trip
generation data and provided a summary letter that accompanies this application.
No revision to the existing CDOT Access Permit is anticipated.
No impact to the existing drainage patterns or improvements are anticipated.
Summary
The proposed PUD Amendment to allow for the potential conversion of the
Brookside Center building from commercial to residential is in compliance with the
both the intent and regulations of the Town of Avon Development Code and the
Town of Avon Comprehensive Plan.
This PUD Final application is in conformance with the PUD Preliminary Plan
application that was recommended by the Avon Planning Commission and approved
in October of 2012 by the Avon Town Council. The three conditions of approval of
the Preliminary Plan have all been addressed in this application. Two of the three
required minor revisions to the proposed PUD Guide, and those changes have been
incorporated. The third condition has been addressed by the conceptual landscape
plans that are also incorporated into this application.
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Atttachment B
Brookside Park PUD Guide as proposed for final PUD revision
J- e -2f112 anuary 2013
(revisions indicated in a strikethrough /underline format)
The following Planned Unit Development Guide will serve as the governing
regulations which will control development on Let ', gagleweed
Brookside Park A Resubdivision of Lot 1, Eaglewood Subdivision Town of Avon
Eagle County Colorado known as the Brookside Park PUD.
This PUD Guide is intended to become a part of the Brookside Park Planned Unit
Development and serve as the "Zone District Regulations" for the PUD as required
by Section 17.20.110.1 of the Municipal Code of the Town of Avon.
The Brookside Park PUD authorizes a total X4-78 dwelling units and 30,000 useable
square feet of commercial space on 4.7 acres of land within the Town of Avon, Eagle
County, Colorado. Development within the PUD is administered by the Town of
Avon through the provisions of this PUD Guide. Building construction within the
PUD is governed by the applicable Town of Avon ordinances, rules and regulations.
Intention
The intention of the Brookside Park PUD is to provide for an architecturally
integrated resideritiai or mixed use residential and commercial campus with
appropriate uses, development standards and regulatory controls.
B. Definitions
All terms used in this PUD Guide shall be as defined in Chapter 7, Development
Code of the Town of Avon Municipal Code unless otherwise defined in this
section of the PUD Guide.
C. Allowable Uses by Right — Residential
1. Multiple Family dwelling units including townhomes,
condominiums and apartments.
I Short term rentals
D. Allowable Uses by Right — Commercial
Building A contains 30,000 useable square feet that is designated as
commercial space. The following uses are allowed within the areas designated as
commercial on the Building A floor plans that are incorporated within this PUD
Development Plan.
1. Professional Offices including Design Studios
2. Medical Outpatient Offices
3. Retail/Wholesale Furniture Stores and Showrooms
4. Retail/Wholesale Home Furnishing Stores and Showrooms
5. Retail/Wholesale Architectural Products Stores and Showrooms
Atttachment B
6. Retail/Wholesale Household Appliance Product Stores and Showrooms
7. Antique Stores and Showrooms
8. Art Galleries /Frame Shops
9. Restaurants
E. Allowable Uses By Right — General
1. Recreation Amenities including swimming pools and hot tubs
F. Special Review Uses
1. Home Occupations
2. Retail Stores not specifically listed as a Use by Right.
3. Church
4. On -Site Rental Office
G. Accessory Uses
1. Interior and Exterior uses customarily accessory to residential and
Commercial uses shall be allowed.
H. Development Standards
Maximum Density: -5 78 dwelling units
Maximum Useable Commercial Area: 30,000 Square Feet
Building Height: 60 feet
Minimum Building Setbacks:
Front: 25 Feet
Side: 7.5 Feet
Rear: 10 Feet
Eagle River: 30 Feet as defined in Section 17.50.110 of
the Town of Avon Municipal Code.
Building setbacks shall apply to the PUD perimeter
property line only. Internal lines created for phasing
delineation of for individual unit ownership shall not apply.
Maximum Site Coverage: 50%
Minimum Landscape Area: 20%
Parking:
Residential: 2 spaces per dwelling unit
10 guest spaces
Commercial: 4.3 spaces per 1,000 square feet of useable
floor area
1. Density Allocation - Formatted: List Paragraph, Numbered +
i of 1. Brookside Center 24 dwelling Units (subject to Level: I + Numbering Style: I, II, III, .. +
Section J Start at: I + Alignment: Left+ Aligned at:
0.5 + Indent at: 1"
.Lot 2 The Lodge at Brookside Pal k 40 dwelling* units i F` ormatted: Bullets and Numbering
Lot 3 The_Townhomes it Brookside Park 14 dwelling units
f. Brookside Center
The Brookside Center building may consist of up o 30.000 square feet of
useable coEnmercial space or as a residential buildinEy of up to 24 dwelting
units, or may be a mixed use option of the allowed comznercial uses on the
first floor and residential on the second floor.
In the Inixed use option described in the preceding para4_*raph the
maxitnum density shall be no more than 16 units located on the second
floor of the building. The units shall be restricted to a maximum of 8
studio units and 8 one - bedroom units_ or in a conCguratioil that creates a
residential Parking demand of no more than 29 parking spaces,
Atttachment B
Formatted: List Paragraph, Indent: Left: 1 ",
First line: 0"
Formatted: Indent: Left: 1"
......
Formatted: Font: Not Italic
Attachment C
w
AVON TOWN COUNCIL
FINDINGS OF FACT AVON
CONCERNING THE PRELIMINARY PLANNED UNIT DEVELOPMENT
AMENDMENT APPLICATION FOR THE BROOKSIDE PARK PUD
The following findings of fact and recommendations are made in accordance with Avon
Municipal Code Section 7.16.060(e)(3), Reviewing Authority:
1. Application Submitted. A preliminary PUD Application (the "Application "), consisting
of an Amended Planned Unit Development Guide for Brookside Park ( "Amended PUD
Guide "), was submitted to the Community Development Department of the Town of
Avon (the "Town ") on June 20, 2012 by Rick Pylman of Pylman & Associates,
representing the owners of the Brookside Center building (the "Applicant ").
2. Determination of Completeness. Pursuant to Avon Municipal Code ( "AMC ")
§7.16.020(c)(1), a determination of completeness was submitted to the Applicant by
phone from Jared Barnes of the Community Development Department on June 29, 2012,
within ten (10) days of the application submittal.
3. Referral to other Agencies. The Amended PUD Guide was referred electronically via
the Town's website, www.avon.org/ referral, to other agencies for review and comment
on July 17, 2012 pursuant to AMC §7.16.020(c)(2). The following agency was notified
for referral: Town of Avon Engineering Department.
4. Notice of Public Hearing. On July 27, 2012, pursuant to §7.16.020(d), a notice of
public hearing was published in The Vail Daily for the August 7, 2012 Planning &
Zoning Commission meeting to review the Brookside Park Preliminary Planned Unit
Development application. In addition, a mailed notice was sent to all property owners
within 300 feet of the property boundaries.
5. Staff Report to PZC. Jared Barnes submitted a Staff Report to the PZC dated August 3,
2012.
6. Preliminary Public Hearing before the Planning and Zoning Commission. On
August 7, 2012 the PZC held a public hearing on the Application.
7. Continued Preliminary Public Hearing before the Planning and Zoning
Commission. On August 21, 2012 the PZC held a continued public hearing on the
Application. The PZC took action to provide the recommendation, findings, and
conditions to the Town Council.
FINDINGS OF FACT AND RECOMMENDATIONS
BROOKSIDE PARK PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT
Pagel of 3
Attachment C
S. Notice of Public Hearing. On August 31, 2012, pursuant to §7.16.020(d), a notice of
public hearing was published in The Vail Daily for the September 11, 2012 Town
Council meeting to review the Brookside Park Preliminary Planned Unit Development
application. In addition, a mailed notice was sent to all property owners within 300 feet
of the property boundaries.
9. Staff Report to Town Council. Jared Barnes submitted a Staff Report to the Town
Council dated September 11, 2012.
10. Preliminary Public Hearing with Town Council. On September 11, 2012 the Avon
Town Council held a public hearing on the Application and reviewed the Application.
11. Continued Preliminary Public Hearing before the Town Council. On September 25,
2012 the Avon Town Council held a continued public hearing on the Application. The
Avon Town Council took action to provide the recommendation, findings, and conditions
for the Application.
12. Review Criteria. The Avon Town Council has considered the Review Criteria for a
Preliminary PUD application set forth in Avon Municipal Code §7.16.060(e)(4).
13. Findings of Fact related to the Application. The Town Council has considered the
Staff Report from Jared Barnes dated September 25, 2012, public comments, applicant
testimony, and makes the following Findings of Fact related to the Preliminary PUD
Application:
Specific Findings:
(1) The PUD is established and the previously provided public benefits, as well as the
proposed public benefits, satisfy the requirement for public benefits as outlined in
§7.16.060(b)(5);
(2) The PUD amendment meets the review criteria for a Preliminary PUD as outlined
in §7.16.060(e)(4) for the reasons stated in Jared Barnes' memorandum dated
October 5, 2012.
(3) The reduction in surface parking and addition of a pocket park and/or landscaping
is a public benefit for the residents of the Brookside Park PUD;
(4) The reduced impact on the need for attainable housing is a public benefit for the
Town of Avon; and,
(5) The Town Council finds that the PUD Amendment will not create additional
impacts if the conditions below are satisfied, that the original public benefits were
sufficient for the PUD as originally approved, and that therefore, the Town
Council finds that there is no need to require the applicant to provide additional
public benefits.
FINDINGS OF FACT AND RECOMMENDATIONS
BROOKSIDE PARK PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT
Page 2 of 3
Attachment C
Conditions:
(a) The proposed PUD Guide be amended to limit the number of residential units
allowed to sixteen (16) only in the instance the second story converts to
residential uses, while the first floor remains commercial.
(b) The proposed PUD Guide section H be amended to clarify the requested
maximum density of seventy -eight (78) dwelling units.
(c) A majority of the parking row adjacent to the southerly property line be the first
section of parking removed and landscaped with a full conversion from
Commercial office to Residential uses.
FINDINGS OF FACT AND RECOMMENDATIONS
BROOKSIDE PARK PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT
Page 3 of 3
Attachment D
Jared Barnes
From:
Sent:
To:
Cc:
Subject:
Attachments:
Good Afternoon Jared,
Gail Mcfarland <gmcfarland @eagleriverfire.org>
Wednesday, March 13, 2013 2:40 PM
Jared Barnes
karl bauer
FW: Brookside Park PUD Referral
L1 Brookside Park PUD Referral 021513.pdf
Here are our comments for the project at Brookside Park PUD:
I . With the extent of the remodel proposed, both the fire alarm and fire sprinkler systems will need to be
evaluated and brought up to current codes.
2. If live /work units are approved, then the work portion of the units should be limited to office or
professional type services only. No industrial applications or hazardous materials storage should be
allowed.
Please contact me with any questions.
Thanks and have a great day.
1
t` 4
5&d �z out`, Fire Inspector, PIO
Eagle River Fire Protection District
PO Box 7980
Avon, Co 81.620
Phone: 970 - 748 -4739
Fax: 970-949-7965
www.eagleriverfire.org
Eagle River Fire Protection District is a professional fire service agency and proudly serves Camp Hale, Tennessee Pass,
Redcliff, Minturn, EogleVoil, Avon, Mountain Star, Wildridge, Beaver Creek (Contractual agreement), Bachelor Gulch,
Arrowhead, Homestead, Edwards, Lake Creek, Singletree, Pilgrim Downs, Cordillera, Bellyache Ridge, Red Sky Ranch and
the portions of 1 -70, Hwy 6 & 24. The District does NOT serve the Town of Vail, nor are the two departments associated
with one another.
From: kart bauer
Sent: Wednesday, February 20, 2013 8:08 PM
r
Attachment E
AVON PLANNING AND ZONING COMMISSION
FINDINGS OF FACT, RECORD OF DECISION, AND RECOMMENDATIONS N
CONCERNING THE FINAL
PUD AMENDMENT FOR "BROOKSIDE PARK" ON
LOT 1, BROOKSIDE PARK PUD, EAGLEWOOD SUBDIVISION
The following findings of fact and recommendations are made in accordance with Avon
Municipal Code ( "AMC ") §7.16.060(f)(5), Review Criteria:
1. Application Submitted. A Final PUD Amendment Application (the "Application "),
consisting of an Amended Planned Unit Development Guide for Brookside Park
( "Amended PUD Guide "), was submitted to the Community Development Department of
the Town of Avon (the "Town ") on February 11, 2013 by Rick Pylman of Pylman &
Associates, representing the owner of the property, Riverview Park Associates (the
"Applicant ").
2. Determination of Completeness. Pursuant to Avon Municipal Code ( "AMC ")
§7.16.020(c)(1), a determination of completeness was submitted to the Applicant by
phone from Jared Barnes of the Community Development Department on February 15,
2013, within ten (10) days of the application submittal.
3. Agency Referrals. On February 15, 2013, pursuant to AMC §7.16.020(c)(2), Staff
referred the Application to outside review agencies, including the following: Eagle
County Planning, Eagle River Water & Sanitation District, and Eagle River Fire
Protection District. On March 13, 2013, Staff received public comments from Eagle
River Fire Protection District.
4. Notice of Public Hearing. Pursuant to AMC §7.16.020(d), a notice of public hearing
was published in The Vail Daily on April 5, 2013 for a PZC meeting to review the
Application. In addition to the published noticed, a mailed notice was sent to all property
owners within 300' of the Property on the same date.
5. Staff Report to PZC. Jared Barnes submitted a Staff report to the PZC dated April 12,
2013.
6. Public Hearing before the Planning, and Zoning Commission. On April 16, 2013 the
PZC held a public hearing on the Application.
7. Compliance with Review Criteria. PZC makes the following findings with regard to
compliance with the applicable review criteria for Minor PUD Amendment
( §7.16.060(f)(5)) as the basis for a recommendation to Town Council:
FINDINGS OF FACT AND RECOMMENDATIONS
LOT 1, BROOKSIDE PARK PUD, EAGLEWOOD SUBDIVISION— FINAL PUD AMENDMENT
Page 1 of 2
Attachment E
The PZC recommends that Town Council APPROVE the Final PUD Amendment Application
with the Findings and Conditions set forth below:
Findings:
(1) The PUD is established and the previously provided public benefits, as well as the
proposed public benefits, satisfy the requirement for public benefits as outlined in
§7.16.060(b)(5);
(2) The PUD amendment meets the review criteria for a Preliminary PUD as outlined
in §7.16.060(e)(4) for the reasons stated in Jared Barnes' memorandum dated
April 12, 2013.
(3) The reduction in surface parking and addition of a pocket park and/or landscaping
is a public benefit for the residents of the Brookside Park PUD;
(4) The reduced impact on the need for attainable housing is a public benefit for the
Town of Avon; and,
(5) The PUD Amendment will not create additional impacts if the condition below is
satisfied, that the original public benefits were sufficient for the PUD as originally
approved, and that therefore, the PZC finds that there is no need to require the
applicant to provide additional public benefits.
(6) The three (3) deed restricted units meets the code required number of attainable
units if the project is converted fully to residential and is a public benefit due to a
decreased demand for attainable housing.
Condition:
(1) Prior to the issuance of a Building Permit, the Applicant shall provide proof of
adequate water rights from the Upper Eagle Regional Water Authority.
THESE FINDINGS OF FACT AND RECOMMENDATIONS ARE HEREBY
APPROVED.
B DATE: • �(e ' �?j
Chris Green,
Planning and Zoning Commission Chairperson
FINDINGS OF FACT AND RECOMMENDATIONS
LOT 1, BROOKSIDE PARK PUD, EAGLEWOOD SUBDIVISION — FINAL PUD AMENDMENT
Page 2 of 2
Attachment F
(j
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Scott Wright, Finance Director
Date: May 21, 2013
Re: Financial Analysis of Proposed Amendment to Brookside Park, Lot 1 PUD
Summary:
The following revenue analysis of the proposed conversion of Brookside Park is based upon the
following assumptions:
• Total first floor units — 10; total square footage — 15,190
• Total second floor units 10, total square footage — 14,474
• Price per square foot - $400
The financial analysis below assumes conversion of the entire building from commercial to
residential. If only one floor of the building is converted, the impacts are approximately one -half
of the amounts stated below. The summary below provides the financial analysis of the
following revenues: property taxes, public accommodations taxes and sales taxes, and real
property transfer taxes.
Financial Analysis:
Property Taxes
Brookside Park, Lot 1 currently is assessed in 2013 as commercial with a total market value of
$6,013,530 and an assessed value of $1,743,920. Based on Avon's general operating mill rate of
8.956, property taxes generated in 2014 will equal $15,618.
Based on an estimate of $400 per square foot, the current land value of $2,009,590, and a total
residential square footage of 29,664, the market value of the converted property would be
$14,423,260. Based on the residential assessment ratio of 7.96% the assessed value would be
$1,148,091 and the estimated property taxes generated for the Town would be $10,282 or a decrease
of approximately $5,336.
• Page 1
Attachment F
Real Estate Transfer Tax
Assuming a sale price of $400 per square foot approximately $237,312 in real estate transfer taxes will
be generated on the first -time sales of the residential units. This figure could be lower if purchasers
are eligible for the exemption for full -time residents of up to $3,200 per unit.
Sales and Accommodation Taxes
Currently the Brookside Park, Lot 1 PUD does not allow for short-term rentals. If the PUD is
amended to allow for short-term rentals, the Town's 4% sales tax and 4% public accommodations tax
would apply to room rentals for stays of 30 days or less. There is not data available to estimate the
amount of sales tax and accommodations tax that might be collected. However, it should be noted
that the Residences at Brookside and the Lodge at Brookside both have units that are actively rented
out on a short-term basis.
Municipal Costs of Services
With only 20 residential units proposed with this conversion, and no impact to Town infrastructure,
the Town's budget for operations and maintenance costs are not expected to be impacted.
4" ® Page 2
TOWN OF AVON, COLORADO
ORDINANCE 13 -06
SERIES OF 2013
AN ORDINANCE APPROVING A FINAL PUD AMENDMENT FOR BROOKSIDE
PARK ON LOT 1, BROOKSIDE PARK PUD, EAGLEWOOD SUBDIVISION, TOWN
OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, Rick Pylman, Pylman & Associates (the "Applicant ") on behalf of Riverview
Park Associates (the "Owner ") has submitted a Final PUD Application (the "Application ") to
modify the approved PUD development rights to allow for the conversion of commercial office
space to either (a) 24 dwelling units, or (b) 16 dwelling units and 15,000 square feet of
commercial office space; and
WHEREAS, the Planning and Zoning Commission held public hearings on April 16, 2013
after posting notice of such hearings in accordance with the requirements of Section 7.16.020(d),
Step 4: Notice, Avon Municipal Code, and considered all comments provided before taking
action; and
WHEREAS, the Planning and Zoning Commission recommended to the Town Council
approval of the Application through the Planning and Zoning Commission Findings of Fact,
Record of Decision, and Recommendations dated April 16, 2013; and
WHEREAS, pursuant to Section 7.16.060(f)(5), Review Criteria, and Section
7.16.060(e)(4), Review Criteria, Avon Municipal Code, the Town Council has considered the
applicable review criteria for the Application; and
WHEREAS, the Town Council held public hearings on May 28, 2013 and June 11, 2013
after posting notice of such hearing in accordance with the requirements of Section 7.16.020(d),
Step 4: Notice, Avon Municipal Code, and considered all comments provided before taking
action; and
WHEREAS, the Town Council finds that the health, safety and welfare of the Avon
community will be enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application and that approval of this Ordinance on first reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this ordinance.
Ord 13 -06 Brookside Park Final PUD Amendment
May 28, 2013
Page 1 of 6
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Brookside Park PUD Amendment. The Brookside Park final PUD amendment
application for Lot 1, Brookside Park PUD, Eaglewood Subdivision is hereby approved as
follows:
A. The Brookside Park PUD is amended for Lot 1, Brookside Park PUD, Eaglewood
Subdivision to modify the allowable uses and densities as presented in Exhibit A.
B. Prior to the issuance of a Building Permit, the Applicant shall provide proof of
adequate water rights from the Upper Eagle Regional Water Authority.
C. Prior to conversion, the Applicant shall apply for a Minor Design and Development
application proposing site modifications that are in substantial conformity to the
conceptual site plans as presented during the Final PUD Amendment Application.
Section 3. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical,
grammatical, cross - reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other- provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty days after- final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Ord 13 -06 Brookside Park Final PUD Amendment
May 28, 2013
Page 2 of 6
Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title at the Avon Town Hall,
Avon Recreation Center and Avon Public Library, which notice shall contain a statement that a
copy of the ordinance in full is available for public inspection in the office of the Town Clerk
during normal business hours. The Town Clerk is further ordered to publish a notice stating a
vested property right has been created in accordance with Section 7.16.140(d)(2) of the Avon
Municipal Code.
Section 8. Final Action. Approval and final adoption of this Ordinance on second reading
constitutes the Town's final action for the purposes of any appeal, legal challenge or referendum
seeking reconsideration of the decision of the Town Council with respect to this Ordinance and
matters approved hereby in accordance with Section 7.16.020(f)(5) of the Avon Municipal Code
and in accordance with Chapters VI and VII of the Avon Home Rule Charter.
[EXECUTION PAGE FOLLOWS)
Ord 13 -06 Brookside Park Final PUD Amendment
May 28, 2013
Page 3 of 6
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED on
May 28, 2013 and a public hearing on this ordinance shall be held at the regular meeting of the
Town Council on June 11, 2013, at 5:30 P.M. in the Council Chambers, Avon Municipal
Building, One Lake Street, Avon, Colorado.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on 11`x' day of June, 2013.
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 13 -06 Brookside Park Final PUD Amendment
May 28, 2013
Page 4 of 6
Exhibit A to Ordinance 13 -06
Brookside Park PUD Guide
The following Planned Unit Development Guide will serve as the governing regulations which will
control development on Brookside Park, A Resubdivision of Lot 1, Eaglewood Subdivision, Town of
Avon, Eagle County, Colorado, known as the Brookside Park PUD.
This PUD Guide is intended to become a part of the Brookside Park Planned Unit Development and serve
as the "Zone District Regulations" for the PUD as required by Section 17.20.110.1 of the Municipal Code
of the Town of Avon.
The Brookside Park PUD authorizes a total 78 dwelling units and 30,000 useable square feet of
commercial space on 4.7 acres of land within the Town of Avon, Eagle County, Colorado. Development
within the PUD is administered by the Town of Avon through the provisions of this PUD Guide.
Building construction within the PUD is governed by the applicable Town of Avon ordinances, rules and
regulations.
A. Intention
The intention of the Brookside Park PUD is to provide for an architecturally integrated residential
or mixed use residential and commercial campus with appropriate uses, development standards
and regulatory controls.
B. Definitions
All terms used in this PUD Guide shall be as defined in Chapter 7, Development Code of the
Town of Avon Municipal Code unless otherwise defined in this section of the PUD Guide.
C. Allowable Uses by Right — Residential
1. Multiple Family dwelling units including townhomes, condominiums and
apartments.
2. Short term rentals
D. Allowable Uses by Right — Commercial
Building A contains 30,000 useable square feet that is designated as commmercial space. The
following uses are allowed within the areas designated as commercial on the Building A floor
plans that are incorporated within this PUD Development Plan.
1. Professional Offices including Design Studios
2. Medical Outpatient Offices
3. Retail /Wholesale Furniture Stores and Showrooms
4. Retail /Wholesale Hone Furnishing Stores and Showrooms
5. Retail /Wholesale Architectural Products Stores and Showrooms
6. Retail /Wholesale Household Appliance Product Stores and Showrooms
7. Antique Stores and Showrooms
8. Art Galleries /Frame Shops
9. Restaurants
E. Allowable Uses By Right — General
1. Recreation Amenities including swimming pools and hot tubs
Ord 13 -06 Brookside Park Final PUD Amendment
May 28, 2013
Page 5 of 6
F. Special Review Uses
1. Hoene Occupations
2. Retail Stores not specifically listed as a Use by Right.
3. Church
4. On -Site Rental Office
G. Accessory Uses
1. Interior and Exterior uses customarily accessory to residential and Commercial
uses shall be allowed.
H. Development Standards
Maximum Density: 78 dwelling units
Maximum Useable Commercial Area: 30,000 Square Feet
Building Height: 60 feet
Minimum Building Setbacks:
Front: 25 Feet
Side: 7.5 Feet
Rear: 10 Feet
Eagle River: 30 Feet as defined in Section 17.50.110 of the Town of
Avon Municipal Code.
Building setbacks shall apply to the PUD perimeter property line only.
Internal lines created for phasing delineation of for individual unit
ownership shall not apply.
Maximum Site Coverage: 50%
Minimum Landscape Area: 20%
Parking:
Residential: 2 spaces per dwelling unit
10 guest spaces
Commercial: 4.3 spaces per 1,000 square feet of useable floor area
I. Density Allocation
Lot 1, Brookside Center 24 dwelling units (subject to Section J)
Lot 2 The Lodge at Brookside Park 40 dwelling units
Lot 3 The Townhomes at Brookside Park 14 dwelling units
Brookside Center
The Brookside Center building may consist of up to 30,000 square feet of useable
commercial space or as a residential building of up to 24 dwelling units, or may be a
mixed use option of the allowed commercial uses on the first floor and residential on the
second floor.
In the mixed use option described in the preceding paragraph the maximum density shall
be no more than 16 units located on the second floor of the building. The units shall be
restricted to a maximum of 8 studio units and 8 one - bedroom units, or in a configuration
that creates a residential parking demand of no more than 29 parking spaces.
Ord 13 -06 Brookside Park Final PUD Amendment
May 28, 2013
Page 6 of 6