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PZC Res. No. 06-01TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 06-01 A RESOLUTION RECOMMENDING APPROVAL OF A PUD AMENDMENT APPLICATION AMENDING THE CONFLUENCE PUD, AS MORE SPECIFICALLY DESCRIBED 1N THE APPLICATION DATED AUGUST 8, 2005. WHEREAS, East West Partners Inc. has filed an application to amend the existing Planned Unit Development ("PUD") and Development Agreement for the Confluence PUD; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning and Zoning Commission of the Town of Avon were provided as required by law: and WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public hearings on October 18"', November 1, November 15"', December 6'h, and December 20"' of 2005 and January 17'h, 2006 at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD and Development Agreement; and WHEREAS, following such public hearing, the Planning and Zoning Commission forwarded its recommendation for approval on the PUD amendment application to the Town Council of the Town of Avon through Resolution 06-01; WHEREAS, said application appears to comply with the following PUD review criteria set forth in Section 17.12.110 of the Avon Municipal Code, including the following: 1. Conformance with the Town of Avon Comprehensive Plan's and Town Center Implementation Plan Goals and Policies as required by 17.20.110H (1); 2. The overall design concept of this PUD Amendment conforms to the design theme of the Town, and Design Guidelines as required by 17.20.1 l OH(2); 3. The project is compatible with the immediate scale and character of existing properties in the vicinity. 17.20.110H(3); 4. This PUD Amendment application is responsive and compatible to the existing surrounding land -uses. 17.20.1101:1(4); 5. The PUD Amendment application has identified and proposes to mitigate or avoid natural or geologic features. 17.20.110H (5); 6. The site plan, building design and location and open space provisions are designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 17.20.11 OH (6); 7. The circulation system is designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. 17.20.11 OH (7); 8. This PUD Amendment application has created functional open space that is responsive to existing views and buffers to open space. 17.20.11OH(8); 9. The subdivision plan will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. 17.20.11OH (9); 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection has been established. 17.20.110H (10); and 11. The existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. 17.20.11 OH (11). WHEREAS, this PUD Amendment provides evidence of compliance with the public purpose provisions outlined in Section 17.28.085 of the Municipal Code, NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends approval to the Town Council for the amendment of the Confluence PUD Amendment application dated August 8, 2005 with the following conditions: 1. 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 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 3pm 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 DcsiQn Standards and the Town of Avon Desiun 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. ADOPTED THIS 17"' DAY OF January, 2006 Signed: f/ - 'L6 - Date: I II q! G6 Chris Evans, Chair Att t:' ft7 Date: 1 1 Phil Struve, Secretary Exhibit "A" to Resolution 06-01 Riverfront Subdivision Minimum Design Standards The (Westin) Riverfront Subdivision Design Standards, incorporated on the PUD Development Plan, shall include minimum standards for the design that will supplement the Town of Avon Design Review Guidelines. The approval of these Design Standards shall be required and incorporated as part of the PUD Development Pian final approval. Design standards shall address the following areas: Architectural Goal and Objectives: Project: Establish theme and quality for the entire project, define the predominant style and characteristics of buildings and the interface with both public spaces, predominant views and the natural environment. Site Design: Solar Access: A solar access study shall be required for buildings exceeding 3 stories located in the subdivision. Building Entry: General requirements for emphasis on building entries. Site materials palette: A list of suitable materials and colors for all public plaza areas, including facing material for all necessary retaining walls. Building Height, Massing & Scale: Street/Pedestrian Level, All Buildings: Defined minimum window areas, materials palette, and minimum use of stone on each building. Wall Facades, Public Plaza: Define maximum height for all building facades fronting the public plaza, and an identified minimum setback at a horizontal elevation above that height. All Buildings: A defined maximum percentage of wall planes, a defined minimum break in wall planes for all elevations. Maximum Heights, All Buildings: Define maximum percentage of ridge heights that may be at the allowable height, a defined minimum setback of those ridges from the public plaza. Exterior Wails and Surfaces: Materials: Material palette, color palette, prohibited materials. Retaining walls: Facing material and color palette. All buildings: Prohibited materials and finishes, minimum materials on all elevations. All buildings: Material and color palette, minimum detailing, construction technique, acid size/proportionality guidelines. All buildings: Minimum roof pitch, roof material palette (including LRV), maximum uninterrupted roof planes, minimum overhang length Signs: Project: General style, materials and color palette to form the basis of a Master Sign Program for the entire project.