PZC Ress. No. 2013-L61 B2 BMBC Rezoning, MJR, AECAVON PLANNING AND ZONING COMMISSION M O
FINDINGS OF FACT, RECORD OF DECISION, AND RECOMMENDATIONS
CONCERNING THE
REZONING, MAJOR DEVELOPMENT PLAN, AND ALTERNATIVE EQUIVALENT
COMPLIANCE APPLICATION FOR WYNDHAM VACATION OWNERSHIP 58 -UNIT
MIXED-USE DEVELOPMENT ON
LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION
The following findings of fact and recommendations are made in accordance with Avon
Municipal Code ("AMC") §7.16.060(e)(3):
1. ADDlication Submitted. A Rezoning Application, Variance Application, Major
Development Plan Application, and Alternative Equivalent Compliance Application
(collectively "the Application"), was submitted to the Community Development
Department of the Town of Avon (the "Town") on September 24, 2012 by Dominic
Mauriello of Mauriello Planning Group, representing the owner of the property,
Wyndham Worldwide Vacation Ownership (the "Applicant"). AMC §7.16.020(6)(4)
allows concurrent review of multiple development applications which concern the same
property and the Director has consented to concurrent review.
2. Variance Consideration. Ted Hunter, Senior Vice President for the Development
Planning Division of Wyndham Worldwide Vacation Ownership, submitted a letter to
staff outlining a formal request to consider eliminating the variance requests (landscaping
and site coverage) since the Application involves funding capital improvements to
Lettuce Shed Lane; and also incorporating the area of Lettuce Shed Lane and the
Transportation Easement for purposes of calculating coverage requirements in the
Application.
3. Council Consent for 50' Benchmark Court. At their October 23, 2012 meeting, the
Town Council consented to allow the Applicant to incorporate the area of the Town
owned 50' Benchmark Court (aka "Lettuce Shed Lane"), and the platted 20'
Transportation Easement, in the Application. Council noted that their action was strictly
providing consent as property owner of Lettuce Shed Lane, and in no way to be construed
as approval of any portion of the Application.
4. Aaencv Referrals. On October 29, 2012, pursuant to AMC §7.16.020(c)(2), Staff
referred the Application to outside review agencies, including the following: Eagle
County Planning, Eagle County School District, Eagle River Water & Sanitation District,
Eagle River Water & Sanitation District, Eagle River Fire Protection District, Eagle
County Health Service District, ECO Transit, Xcel, Holy Cross Electric, Comcast,
FINDINGS OF FACT AND RECOMMENDATIONS
WYNDHAM VACATION LOT 61 REZONING, MAJOR DEVELOMENT PLAN, AEC APPLICATION
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Beaver Creek Resort Company, Union Pacific Railroad, and the Public Utilities
Commission.
5. Revised ADDlication. On November 5, 2012, a revised Application was submitted to
Staff which included a Rezoning Application, Major Development Plan Application, and
Alternative Equivalent Compliance Application.
6. Initial Presentation. On November 14, 2012, the Applicant gave an introductory
presentation to PZC for the purpose of determining if additional information was required
for PZC to evaluate the Application. At the meeting PZC requested additional
information to evaluate the Application, including but not limited to: information on
parking management, trash removal operations, contextual info, transitions at the
southwest corner of the property, and landscaping specifications.
Notice of Public Hearing. Pursuant to AMC §7.16.020(d), a notice of public hearing
was published in The Vail Daily on November 21, 2012 for the December 4, 2012 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.
8. Public Hearing Continued. At the written request of the Applicant, PZC continued the
Public Hearing on December 4, 2012 to the next regularly scheduled meeting on
December 18, 2012,
9. Staff Renort to PZC. Matt Pielsticker submitted a Staff report to the PZC dated
December 14, 2012.
10. Public Hearing before the Planning and Zoning Commission. On December 18, 2012
the PZC held a public hearing on the Application, which was continued to the January 15,
2013 PZC meeting.
11. Staff Memorandum to PZC. Jared Bames submitted a Staff Memorandum to the PZC
dated January 11, 2013.
12. Continued Public Hearing before the Planning and Zoning Commission. On January
15. 2013 the PZC held a public hearing on the Application.
13. Compliance with Review Criteria. PZC makes the following findings with regard to
compliance with the applicable review criteria for Rezoning — AMC §7.16.050(c), Major
Design and Development Plan- AMC §7.16.080(f) & AMC §7.16.090(f), and Alternative
Equivalent Compliance - AMC§7.16.120(d) as the basis for a recommendation on the
Rezoning to Town Council:
FINDINGS OF FACT AND RECOMMENDATIONS
WYNDHAM VACATION LOT 61 REZONING, MAJOR DEVELOMENT PLAN, AEC APPLICATION
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PZC RECOMMENDATIONS:
A. Rezonine. The PZC recommends that Town Council APPROVE the REZONING
Application with the findings set forth below:
Findings:
(1) The Rezoning application is in substantial compliance with §7.16.050(c),
Rezoning Review Criteria, AMC;
(2) Town Center (TC) zone district is in compliance with the Avon
Comprehensive Plan and compatible with surrounding land uses;
(3) The Rezoning is not likely to result in adverse impacts upon the natural
environment, including air, water, noise, storm water management,
wildlife, and vegetation, or such impacts will be substantially mitigated
B. Maior Desien and Development Plan. The PZC recommends that the Town Council
APPROVE the MAJOR DESIGN AND DEVELOPMENT PLAN Application, with
the findings and conditions set forth below:
Findings:
(1) The Development Plan and Design review criteria in AMC §7.16.080(5),
and §7.16.090(f) respectively, have been considered by PZC and the
Application is found to be either in strict conformance with the criteria or
otherwise fulfilled with an alternative design that meets the requirements
of AEC approval;
(2) PZC finds that the Application is in conformance with AMC §7.20, Zone
Districts and Official Zoning Map. §7.24, Use Regulations, and §7.28,
Development Standards;
(3) The Lighting Plan and all proposed exterior lighting is in conformance
with AMC § 15.30, Outdoor Lighting Standards.
(4) Pursuant to AMC §7.04.090(6), strict compliance with the Avon
Comprehensive Plan, and sub -area plans, is not required due to the
following:
a. The development application is consistent with the general goals
and intent of the Avon Comprehensive Plan taking into
consideration the unique circumstances of the property, market
conditions, and the current needs of the community;
b. Strict compliance with multiple provisions of the Avon
Comprehensive Plan is not practical; and,
FINDINGS OF FACT AND RECOMMENDATIONS
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c. The procedures for amending the Avon Comprehensive Plan are
not beneficial as applied to the development application for the
purpose of promoting public involvement, community planning,
updating the Avon Comprehensive Plan, or adopting or clarifying the
precedence of a decision.
Conditions:
(1) Landscaping to the West of Lettuce Shed Lane Path will be installed
pursuant to the approved 2012 Mall Improvement Plan by Wyndham and
maintained by Wyndham.
(2) Landscaping to the north of the building on Main Street will be installed
by Wyndham and maintained by the Town.
(3) Building Height must be confirmed at foundation and framing inspections
to ensure compliance with the 80' maximum height requirement for the
Town Center (TC) zone district;
(4) All potential exterior signage must be approved by the PZC with a Master
Sign Program application submitted by the property owner;
(5) Prior to the issuance of any permits related to the construction of the
project, the Town and Property owner will execute a Development
Agreement incorporating elements including, but not limited to those cited
in Matt Pielsticker's December 14, 2013 Staff Report; and
(6) Pursuant to §7.28.0900)(3)(iv)(A), the Property owner will provide park
benches (to the specifications of the Main Street Plan), or other acceptable
street furniture in the common space near the northwest corner of the
building where the decorative patio is indicated.
(7) Final approval of the building materials and colors will be by PZC after
reviewing an on-site mockup.
(8) The applicant will provide a drawing of the proposed mock-up for review
and approval by the Planning and Zoning Commission prior to the
construction of the mock-up.
(9) The air intake louvers adjacent to the bus stop be relocated.
C. Alternative Equivalent Compliance. The PZC recommends that the Town Council
APPROVE the ALTERNATIVE EQUIVALENT COMPLIANCE Application, with
the findings and conditions set forth below:
Findings:
(1) With respect to the AEC request from AMC §7.28.0906)(4)(v)(D),
Building Stepping, PZC makes the following specific findings:
FINDINGS OF FACT AND RECOMMENDATIONS
WYNDHAM VACATION LOT 61 REZONING, MAJOR DEVELOMENT PLAN, AEC APPLICATION
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a) The building height to the edge of the eave overhang is
approximately fifty-seven (57) feet tall (or twelve (12) feet above
the forty-five (45) foot threshold for requiring a horizontal step
back; which is lower than the contemplated height for this
property in the West Town Center Implementation Plan.
b) The Major Development Plan includes substantial amounts of
vertical articulation, which adequately mitigates the massing as
perceived at the pedestrian level.
c) Materiality, color variations, lower shed roofs, varied deck
railings, and different textures on each building elevation help
break up the massing of the building to meet the intent of the
subject design standard.
(2) The design alternatives contained in the Major Development Plan
application meet the intent of the subject design and development
standards to the same or better degree than the subject standard; and
(3) The Application and building design impose no greater impacts on
adjacent properties than would occur through compliance with the specific
requirements of the Development Code.
THESE FINDINGS OF FACT AND RECOMMENDATIONS ARE HEREBY
APPROVED:
BY: Co - DATE: 102 .
Chris Green,
Planning and Zoning Commission Chairperson
FINDINGS OF FACT AND RECOMMENDATIONS
WYNDHAM VACATION LOT 61 REZONING, MAJOR DEVELOMENT PLAN, AEC APPLICATION
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