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PZC Minutes 01-17-2006 (3)y Town of Avon Planning & Zoning Commission Meeting z,, It Minutes CO L0 RA D0 January 17, 2006 I. Call to Order The meeting was called to order at 5:40 pm. II. Roll Call All Commissioners were in attendance. III. Additions and Amendments to the Agenda There were no additions and amendments to the Agenda. IV. Conflicts of Interest There were no conflicts of interest to report. V. Consent Agenda: ■ Approval of the December 6, 2005, Planning & Zoning Commission Meeting Minutes and the December 20, 2005, Planning & Zoning Commission Meeting Minutes Commissioner Savage motioned for the approval of the Minutes from the December 6 and December 20, 2005 Planning and Zoning Commission Meetings; Commissioner Green seconded and the motion passed unanimously. VI. PUD Amendment / Confluence - CONTINUED PUBLIC HEARING Property Location: Confluence/95 Avon Road Applicant. East West Resorts /Owner. Vail Associates Description: A request for an amendment to the Confluence PUD to modify the existing development rights and zoning for the entire property. This application proposes a hotel, retail plaza, high-speed public gondola, condominiums, and fractional ownership residential units. This item is tabled until the January 3, 2006 Planning and Zoning Commission meeting. Tambi Katieb presented the Staff Report to the Commission in summary, noting the areas of review in each attached staff report from the last three staff reports over the review of the project over six months, and reviewed the basis for staff recommendation of conditional approval. Staff recommended that the applicant review the final proposal and the PUD Development Plan, and that staff would then review each recommended condition and what it was intended to address in the proposal. This meeting was to be a review of the final refinements of the PUD and the PUD Development Plan, the guiding document for the project. Chuck Madison, East West Partners, approached the podium to discuss the project and began by describing the projects evolution, and what areas have been refined through the Planning & Zoning Commission and staff review process. He reviewed the benefits of the proposed gondola and the proposed hotel to the Town. He continued that the tract of land by the river would be deeded to the Town for open space and a riverfront park. Mr. Madison continued that the bike path would be widened to 12 feet from its current 10 -foot width and that a permanent easement would be established for public access to the gondola and to maintain the view corridor. He continued with the proposed improvement to Avon Road by eliminating the large retaining wall, creating additional bike access to Benchmark Road, and economic benefits of the project to the Town of Avon. Mr. Madison discussed the changes made to the project through the Planning and Zoning Commission process that included the enhancement of the architecture of the hotel by adjustments to height and massing. Building heights were detailed in the presentation, river setback was increased to 75 feet from 50 feet, and site coverage change from the original PUD was changed from 75% to 20% on the site and pedestrian access was improved. Mr. Madison continued that parking for the public was increased by 6 and there was better connectivity of the bike path on the site. Cul de sacs would permit access should railroad reactivate. Mr. Madison concluded his presentation and overall project review. OPEN PUBLIC HEARING The Commission opened the public hearing. Peter Buckley, Avon registered voter and taxpayer, questioned the kayak put -in and take-out at the proposed Whitewater Park, the PUC final decision, and the number and cost of parking for the public on the site. Mr. Madison responded it was the intent to provide public access for the purpose of kayaking, and described the public parking available to guests of the project and trail users. Mr. Katieb answered a Commission question that a final PUC decision should be made within the next three months or so, and Mr. Madison shared that the cost of parking has not been decided as yet but that there might be charges during the winter season and it might be free during off season. Tambi Katieb began the discussion of the recommendations of the Staff Report, describing the areas that each condition was intended to address in three general areas of the PUD Development Plan, which represents the guiding land use document for the project. Condition #1 dealt with the language of the PUD Development Notes regarding General Notes #7a, 7b, and 7c and the need for clarification based on what staff wished to see preserved in the view corridor. Commissioner Buckner questioned the gondola in the view corridor and Mr. Katieb responded that it was an acceptable encroachment for the benefit of the public to identify and have visible for access. Discussion was had on the exact width, and staff and the Commission found that a 55 -foot corridor was acceptable and allowed for a planned break in the wall plane for the hotel. Condition #1b was discussed and after deliberation the condition was revised. Commissioner Evans queried the two Starwood Real Estate offices and Mr. Madison responded that one was a temporary office and would be abandoned when the office in the Time Share building was CO'd and that there would be no more than two real estate offices operational at the public plaza. Linear square footage of commercial retail and parking were discussed in length. The Commission and staff were presented a scheme that showed exact locations of a SSF and SMV realty office and wished to limit the locations of all offices on the public plaza. Mr. Katieb noted that this was intended to enhance a place -making experience. Condition #1C was discussed, and after deliberation, was deleted since the plaza would be platted and the view corridor was resolved already. Mr. Katieb clarified a staff request for language on Condition#1 D and discussed the solar access study goals of #1 E. Condition #1 F was discussed, and the building heights were tied to the development plan and final approval of the design standards. Staff had no objection to this approach if the heights were finally approved through the design standards and the design review approval process to the satisfaction of the Commission. S' Staff discussed the goal of the design standards and all were in agreement on this recommendation (#1G). Condition #2 addressed parking concerns, which included setting an inappropriate precedent of parking spaces; too little parking would create unhappy owners, and the Commission felt the impact of the parking did not impact the town as it would the Confluence site, and office parking should be under the commercial category since the ratio was higher than the Municipal code requirements. Mr. Madison commented that it would be a $3 million cost for additional parking under the water table. . Staff discussed the greatest variation by use and after further Commission comment, the parking conditions were deleted. Conversation continued with the "covenant" word issue and its financial impact to East West Resorts. Mr. Katieb relayed it was a concern for the Town's attorney to review and deferred comment. Condition #3 addressed General Conditions and conversation included Water Rights, Master Landscaping Plan, parcels to be deeded to the Town and other items to provide a clean PUD Development Plan. Norm Wood discussed Water Rights with the Commission and revealed that Town Council would address this issue, and both Conditions #3a and #3b were requested for deletion by staff. Mr. Madison questioned the timing of the construction of the cul-de-sacs. The rest of the conditions were reviewed by staff and there were no questions. Commissioner Green requested the addition of conditions to add incentive to allowing more commercial in the future and revising General Note 12 on the PUD Plan. CLOSED PUBLIC HEARING Commissioner Savage moved to approve Resolution No. 06-02 recommending approval of the Subdivision Variances and Preliminary Subdivision Plan for Riverfront Subdivision in conjunction with the Confluence PUD Amendment as more specifically described in the Application dated August 8, 2005, with the following changes and conditions: Required revisions to the Development Plan: A. Delete General Notes 7a, 7b, and 7c, and revise as follows: "A fifty-five (55) foot view corridor through the public plaza adjacent to the proposed hotel as presented on the development plan and the final plat for the Riverfront Subdivision shall remain unobstructed from the ground level upwards, with the exception of the gondola terminal. Minor encroachments such as awnings, landscaping, overhangs, decks and railings shall be reviewed and may be approved through the design review approval process". B. Delete General Note #1 and revise as follows: Professional offices, including real estate offices, shall be limited to the two locations on the public plaza as depicted to the Planning and Zoning Commission January 17, 2006. A temporary timeshare sales office will be permitted in the hotel and must be vacated within thirty (30) days of issuance of Temporary Certificate of Occupancy for Building E (Lot 3). No other plaza level spaces are permitted for use by professional and general office, including financial institutions and real estate offices or residential units. C. Add the following general note: "This PUD Plan contains the development standards and uses for the Riverfront PUD. Other uses and provisions of the Town of Avon Zoning Code not specifically addressed herein, or in the related development agreement, shall apply to the Riverfront PUD." D. Add the following note: A solar access study showing the effects of shading on adjacent buildings and outdoor spaces is required for all proposed buildings ,4. exceeding 3 stories in height. Sun studies should be prepared on a site plan of a scale not less than 1"=40' showing shadows at 10 am and Spm on March 21, June 21, September 21, and December 21. E. The maximum building height shall be as follows: i. Hotel, Timeshare and Whole Ownership- as depicted on Land Use Table of PUD Development Plan dated January 12, 2006. ii. In all instances, the maximum allowable percentage of a building ridgeline to be at or near the maximum height shall be governed by the more restrictive criteria of the Riverfront Design Standards and the Town of Avon Design Review Guidelines. F. Final approval of this PUD Development plan is conditioned upon approval of site specific design standards ("Riverfront Design Standards") by the Planning and Zoning Commission and Town Council, incorporated on the PUD Development Plan and recorded at the time of approval of the PUD. The criteria, at a minimum, shall include design elements as outlined in Exhibit A to Resolution 06- 01. 2. Parking Conditions: A. Delete General Note #8 and revise as follows: "A parking management plan, generally consistent with recommendations outlined in the Walker Preliminary Parking Operations Plan dated December 5, 2005 shall be submitted and, after review and approval by the Zoning Administrator, be recorded as a covenant with by issuance of Certificate of Occupancy. The approved plan shall not be changed without notification of the Town, and shall be enforceable by the Zoning Administrator". 3. General Conditions: A. Water Rights: The property owner shall convey to the Town the water rights necessary to serve the approved development. Final water right determination shall be resolved between the property owner and the Town prior to the recording of a Final Plat. B. Revise General Note #10 to add the following: Additional Commercial GLFA exceeding the PUD maximum may be approved for restaurant, bars, cocktail lounges and similar uses subject to a Special Review Use. C. Revise General Note #12 to: Office space above but not on the public plaza level may be converted to Residential/Lodging uses provided the maximum number of Dwelling Units is not exceeded after such conversion. Required parking shall be recalculated after taking into account such conversion and any excess parking spaces may then be individually deeded. D. The property owner shall submit a master landscaping and public plaza design plan for Lots 1-7, including Tract A, to be reviewed and approved by the Planning and Zoning Commission prior to issuance of the first building permit for the hotel. E. Tract "A" shall be deeded to the Town and zoned "Open Space, Landscaping and Drainage" in accordance with section 17.20.120 of the Municipal Code prior to the issuance of the first Certificate of Occupancy but no later than January 1, 2008. F. The Affordable Housing requirement shall be determined by Council if amended from the existing 10% requirement. G. The property owner shall construct the proposed Westin Hotel or equivalent, Public Plaza, and gondola as generally submitted in the August 3, 2005 application. Significant changes to the hotel brand or brand equivalent, public plaza, conceptual architectural illustrations or conveyance to the Beaver Creek Landing shall require a major amendment to the PUD. H. A revised development agreement shall incorporate and reference the approved PUD Development Plan, including all conditions of approval specified in Planning and Zoning Commission Resolution 06-01. I. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative (s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. Commissioner Struve seconded the motion. All commissioners were in favor and the motion passed 7— 0. XI. Other Business A. Tambi Katieb revealed to the Commission the hiring of a GIS Planning Analyst to the Community Development Department. VIII. Adjourn Commissioner Savage motioned to adjourn. All Commissioners were in favor. The meeting was adjourned at 6:45 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Chris Evans Chairman Phil Struve f, Secretary