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12-13-2016 Findings of Fact and Record of Decision for Major Development Plan & Alternative Compliance Applications for the Avon HotelAvo C JL 0R h 0C Avon Town Council Findings of Fact and Record of Decision for Major Development Plan & Alternative Equivalent Compliance Applications for the Avon Hotel DATE OF DECISION: APPLICATION TYPES: FILE NUMBERS: PROPERTY LOCATION: ADDRESS: APPLICANT: PROPERTY OWNER: December 13, 2016 Major Development Plan & Alternative Equivalent Compliance #MJR16007 & #AEC16005 Lot B, Avon Center at Beaver Creek Subdivision 140 W. Beaver Creek Boulevard Treadstone Development, LLC Chicago Title Insurance Company These findings of fact and record of decision is made in accordance with the Avon Development Code ( "Development Code ") §7.16.020(f): #MJR16007 I MAJOR DEVELOPMENT PLAN: The Avon Town Council hereby approves the Major Development Plan for the Avon Hotel on Lot B, Avon Center at Beaver Creek Subdivision, with the following Findings and Conditions: FINDINGS 1. The Planning and Zoning Commission held public hearings on November 1, 2016 and November 14, 2016, after posting notice of such public hearing in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code ( "AMC'); 2. After holding public hearings and considered all comments, the Planning and Zoning Commission made a unanimous recommendation for approval to the Avon Town Council; 3. The Application is in conformance with AMC §7.20, Zone Districts and Official Zoning Map, §7.24, Use Regulations, and §7.28, Development Standards; 4. The Lighting Plan and all proposed exterior lighting is in conformance with AMC §15.30, Outdoor Lighting Standards; 5. The Application implements the general land use goals and policies of the Avon Comprehensive Plan including the Land Use Map designations, and planning principles of the Town Center West District; 6. Pursuant to AMC §7.04.090(b), 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; and b. Strict compliance with some provisions of the Avon Comprehensive Plan, particularly the West Town Center Investment Plan, is not practical; Avon Hotel Findings of Fact and Record of Decision: #MJR16007 & #AEC16005 Page 1 of 2 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, or adopting or clarifying the precedence of this land use decision. 7. The Avon Town Council held public hearings on December 5, 2016 and December 13, 2016, and after posting notice as required by law, considered all comments, testimony, evidence and staff report prior to taking action on the Application; 8. The Major Development Plan and Design review criteria in AMC §7.16.080(5), and §7.16.090(f) were reviewed by the Avon Town Council; and 9. The Avon Town Council finds the applications to be either in strict conformance with the mandatory review criteria or otherwise fulfilled with an alternative design that meets the requirements of a concurrent AEC application, as described in Avon staff memorandum to PZC dated November 14, 2016 prepared by Matt Pielsticker. CONDITIONS: 1. All potential exterior signage must be approved by the PZC with a Master Sign Program application; 2. An on -site mockup will be constructed for final approval of materials and colors. The scale and design of the mockup will be reviewed by PZC, as well as final approval once constructed; 3. Prior to building permit, the following items will be submitted and approved by the Town Manager or designee: a. Snow shed management plan. b. Final Parking Management Plan c. The final access design between Lot B and Lot C will be mutually agreed upon by both parties pursuant to the reciprocal access easement. #AEC16005 I ALTERNATIVE EQUIVALENT COMPLIANCE DECISION: The Avon Town Council hereby approves the Alternative Equivalent Compliance application for the Avon Hotel on Lot B, Avon Center at Beaver Creek Subdivision, citing the following findings: FINDINGS: 1. After holding public hearings and considered all comments, the Planning and Zoning Commission made a unanimous recommendation for approval to the Avon Town Council; 2. Reduced building height, varying building materials, and articulation (vertical and horizontal) achieve the intent of the building stepping requirements to the same or better degree than strict compliance; 3. 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 4. The AEC and proposed design imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Development Code. APP OVED on Dec ber 13, 2016, AVON TOWN COUNCIL By: Attest: Jennie Fancher, Mayor Debbie Hoppe, Town Cle Avon Hotel Findings of Fact and Record of Decision: #MJR16007 & #AEC16005 "COLORP _s