PZC Packet 0320181 Agenda posted on Friday, March 16, 2018 at the following public places within the Town of Avon:
-Avon Municipal Building, Avon Recreation Center, Avon Public Library, Town of Avon Website www.avon.org
Please call 970-748-4023 for questions.
Planning & Zoning Commission
Meeting Agenda
Tuesday, March 20, 2018
If you require special accommodation please contact us in advance and we will assist you. You may call David McWilliams at 970-
748-4023 or email cmcwilliams@avon.org for special requests.
I. Call to Order – 5:00pm
II. Roll Call
III. Additions & Amendments to the Agenda
IV. Conflicts of Interest
V. Temporary Use Application - Temporary Vehicle Display – PUBLIC HEARING
File: TMP17002
Legal Description: Lot 2 Riverfront Subdivision
Applicant: Sacha Kostick
Summary: Proposal to park a display vehicle on plaza at the Westin Hotel for up to three (3)
years.
VI. Action on Records of Decision
• Village at Avon PUD Amendment - PUD17001
VII. Action on Meeting Minutes
• March 6, 2018 Meeting
VIII. Staff Updates
IX. Adjourn
March 20, 2018 PZC Meeting – Vehicle Display Temporary Use Permit 1
Staff Report – Temporary Use Permit
March 20, 2018 Planning & Zoning Commission Meeting
Case #TMP17002
Project type
Temporary Use Permit
Legal description Lot 2, Riverfront Subdivision
Zoning PUD
Address 126 Riverfront Lane
Prepared By David McWilliams, Town Planner
Introduction
Sacha Kostick with the Vail Valley Foundation (the Applicant), is requesting a Temporary Use Permit
(TMP) (the Application) to continue the allowance of a promotional vehicle display on Lot 2,
Riverfront Subdivision (the Property) for the duration of three (3) years. A vehicle has been displayed
in the same location for the three (3) years.
This application is processed under §7.24.080(c), Temporary Uses and Structures Review
Procedures, AMC. Because the request is for a duration exceeding 30 days, the application is being
processed as a Temporary Use Permit with a public hearing as required by the Avon Development
Code. The Application materials are attached to this report.
Public Notice and Hearing
In compliance with the noticing requirements in §7.16.020(d), a notice was sent to property owners
within 300 feet at least 11 days before the public hearing. The March 20, 2018 meeting completes
the public hearing requirements with the PZC and the decision rests with the PZC.
Proposed Temporary Use
The Property is zoned PUD and is currently developed with a resort hotel.
The PUD zoning entitles the property for lodging and retail uses. The
property owner is requesting to use a portion of the public plaza for a
promotional display of a vehicle.
Staff Analysis
The public plaza is maintained by the Confluence Metropolitan District
(“CMD”) as dictated by the terms of the Facilities Operation Agreement
(“Agreement”) dated March 14, 2006. The Agreement provides that the
“CMD and the Town shall cooperate jointly in the use of the Public Plaza
and Public Restrooms throughout the year for the conduct of public
events, art shows, craft fairs, concerts, and other uses. All such uses shall
be subject to applicable Town permitting approvals.”
During the application process in 2015, staff worked on the appropriate siting of the vehicle display.
Staff ensured the vehicle display does not impede pedestrian activity in the public plaza in accordance
with the Agreement, which states, “maintenance of the public plaza shall include, but not be limited
to keeping the same free from snow, ice, debris, other hazards to the traveling public.”
March 20, 2018 PZC Meeting – Vehicle Display Temporary Use Permit 2
The relatively small footprint of the display, the siting away from the primary flow of pedestrian
traffic, and the nature of the property is conducive to the display. The display siting provides
sufficient mitigation to ensure the integrity of the site without compromising the terms of the
agreement. Furthermore, the vehicle display adds a certain level of resort-type feel to this area of
town. The Application is found by staff to be generally compliant with the Temporary Use Permit
Review Criteria, below.
Temporary Use Permit Review Criteria
Pursuant to §7.24.080(h), Review Criteria, AMC, the PZC shall consider the following criteria when
forming the basis of a recommendation:
(1) The temporary use or structure shall not cause unreasonable negative impacts to properties,
residents, business or public uses in the vicinity, which cannot be mitigated through the imposition of
conditions on such temporary use or structure. Such negative impacts to consider include, but are not
limited to: visual, noise, vibration, trash, hours of operation, traffic congestion, parking, safety, soil
and vegetation disturbance, natural resource impacts and reasonable expectations of enjoyment of
property based upon zone district designations and community planning documents;
Staff Response: The display is isolated from other permanent uses in
the vicinity thereby mitigating potentially negative impacts. The display
is static and does not cause noise, vibration or congestion to adjacent
properties. As the display is on a hard surface it does not impact parking,
safety, or soil and vegetation disturbance nor does the display impact
natural resources or reduce the use and enjoyment of property.
(2) Facilities and services (including sewage and waste disposal, water,
gas, electricity, police and fire protection, roads and transportation, as
applicable) will be available to serve the proposed temporary use or
structure while maintaining adequate levels of service for existing
development;
Staff Response: The temporary use for parking will not require utilities. The Confluence
Metropolitan District will continue routine maintenance including snow clearing and removal.
(3) The temporary use shall comply with all applicable general and specific regulations of this
Section, other Town ordinances, and state and federal law unless otherwise expressly stated;
Staff Response: The applicant will remain compliant with all applicable general and specific
regulations of the Avon Development Code and the Facilities Operation Agreement.
(4) The applicant has demonstrated that he or she possesses the requisite skills and experience to
ensure that the particular activity will be conducted in a safe and orderly manner;
Staff Response: The vehicle display, which is motionless and not interactive, will be managed by the
Vail Valley Foundation. The display will be maintained in a safe and orderly manner.
March 20, 2018 PZC Meeting – Vehicle Display Temporary Use Permit 3
(5) The temporary use or structure is not of a nature that will become impractical to cease or remove
over time;
Staff Response: The vehicle display is easily relocated and practical to move if necessary.
(6) Adequate plans or sureties are proposed to guarantee restoration of the property after the
temporary use or structure ceases;
Staff Response: The site is an improved surface and the display should not impact the integrity of
the property. No further assurances are needed by the Town.
(7) All temporary signs associated with the temporary use or structure shall be properly permitted
pursuant to Chapter 15.28, Sign Code, and removed when the activity ends or permit expires,
whichever occurs first;
Staff Response: The vehicle currently includes
a small sign noting the vehicle make and model
that staff finds complimentary to the vehicle
display. Staff’s suggested approval includes a
recommended condition limiting the size of the
sign to the one present.
(8) The temporary use or structure shall not
violate any applicable conditions of approval that
apply to a principal use on the site;
Staff Response: The temporary vehicle display
does not violate any conditions of approval
pertaining to the existing resort hotel use and the
Application is compliant with the terms of the Facilities Operation Agreement, which pertains
precisely to the use and maintenance of the public plaza.
(9) The temporary use regulations of this Section do not exempt the applicant or operator from any
other required permits, such as food service or building permits;
Staff Response: The temporary use requirements for this Application do not trigger any additional
provisions.
(10) The temporary use or structure, including any associated parking and traffic circulation, shall not
disturb sensitive or protected resources, including required buffers, one-hundred-year floodplains and
required landscaping, and the applicant shall agree to restore all disturbed areas of the site to the
condition that existed prior to the temporary use or structure;
Staff Response: The vehicle is displayed on an improved, hard surface and will not disturb sensitive
or protected resources or require any landscape rehabilitation.
March 20, 2018 PZC Meeting – Vehicle Display Temporary Use Permit 4
(11) Tents and other temporary structures shall be located so as not to interfere with the normal
operations of any permanent use located on the property, shall be anchored and meet the requirements
of the Building Official, including fire rating;
Staff Response: No temporary structures are proposed.
(12) Off-street parking shall be adequate to accommodate the proposed temporary use or an
acceptable parking plan shall be approved with the temporary use or structure;
Staff Response: No parking is needed to accommodate the display.
(13) The temporary use will not result in excessive demands for police, ambulance, fire or other
essential public services which may negatively impact the capacity of existing public services to meet
existing public service demands or the applicant agrees to mitigate the increased demands for public
services;
Staff Response: The motionless vehicle display will not create demand for emergency response.
(14) The size, nature or location of the temporary use or structure is not reasonably likely to cause a
clear and present danger of injury to persons and property;
Staff Response: In compliance with the Facilities Operation Agreement, the temporary vehicle
display is isolated from other uses and therefore does not present any safety concerns.
(15) Another temporary use permit application has not been received prior in time or has already been
approved for the same time and place requested by the applicant or so close in time and place to that
required by the applicant that the issuance of both permits would cause undue traffic congestion;
Staff Response: No other applications or requests have been submitted for the subject property that
would conflict with this Application.
(16) The location of the temporary use or structure will not substantially interfere with any
construction or maintenance work scheduled to take place upon Town streets; and
Staff Response: The vehicle is displayed away from Town streets; in the event construction or
maintenance is necessary in the public plaza, the vehicle can easily be moved.
(17) The temporary use or structure shall be for a duration which is appropriate considering the
location, use, planned development and activities in the vicinity and impact on nearby properties;
however, in no event shall a temporary use be granted for more than three (3) years. (Ord. 11-06 §2)
Staff Response: The temporary vehicle display duration request is reasonable since the vehicle can
easily be removed to accommodate any urgent need that should come up at the site where displayed.
The site itself is conducive to outdoor display, and the display adds an air of occupancy to an
otherwise large open area.
March 20, 2018 PZC Meeting – Vehicle Display Temporary Use Permit 5
Staff Recommendation
Staff recommends approval of the requested Temporary Use Permit for three years with the following
findings and conditions:
Findings:
1. The site is isolated from adjacent uses to the extent that the proposed temporary vehicle
display will not negatively affect the use and enjoyment of adjacent property.
2. The proposed temporary vehicle display does not place an undue burden on community
services, utilities, or sensitive environments.
3. The temporary vehicle display is compliant with the terms of the Facilities Operation
Agreement.
Conditions
1. The Applicant shall be responsible for any vehicle fluid leaks and immediately contain and
clean any leaks that should occur as a result of the displayed vehicle. Additionally, the
Applicant is responsible for the restoration of the surface below the vehicle display should
any vehicle fluids stain, discolor or otherwise damage the surface.
2. The sign present on the current display shall be the largest sign permitted without triggering
a review of the site’s sign program.
Recommended Motion
“I move to approve Case #TMP17002, an application for a Temporary Use Permit for Vehicle
Display on Lot 2 Riverfront Subdivision, together with the findings and conditions as recommended
by staff.”
Attachments
A: Narrative of the Proposal
B: Display Site Plan
Attachment A
March 7, 2018
Re: GMC vehicle display, Westin Riverfront Hotel & Spa, Avon, CO
Dear Sir or Madam,
This letter is to provide a written statement regarding the display vehicle currently located on the “Gondola Yard Plaza”
at the Westin Riverfront Hotel & Spa, Avon, CO. Previous application to the Town of Avon on April 7, 2015, permitted
this vehicle display at the time for a 3 year period. As the expiration of this permit approaches, I, on behalf of the Vail
Valley Foundation, Avon, CO, have applied for renewed permit.
The Vail Valley Foundation is a local non-profit organization established over 25 years ago that seeks to enhance and
sustain the quality of life in the Vail Valley by providing leadership in the arts, athletics and education. On the events side
(both Athletics and Culture) local projects of the Vail Valley Foundation include the Birds of Prey World Cup, the Vail
Dance Festival, the GoPro Mountain Games and the Hot Summer Nights and ShowDown Town free music series. To
produce such events, we partner on funding with both local municipalities and corporate sponsors.
Previously, the Vail Valley Foundation had a long standing marketing partnership with Volvo, whom for almost a decade,
was our Official Vehicle Partner. Volvo had branding across many of our projects and display vehicles within town limits
in Vail as well as the Westin “Gondola Yard Plaza”. In 2017, as a company, Volvo’s objectives in the auto industry shifted
along with their partnership with us. We did establish a new auto sponsor last fall with General Motors Corp. specific to
the GMC brand whose vehicle current occupies the display location at the Westin Riverfront. Under the umbrella of their
partnership with the Vail Valley Foundation, GMC has aligned with the Westin Riverfront in Avon, the Sonnenalp Hotel in
Vail and the Park Hyatt Beaver Creek, all of whom have donated courtesy GMC vehicles as part of their property guest
amenities. As such, each of those properties aligns with GMC as their Official Vehicle.
The display vehicle ‘activation’ has been welcomed by the Westin Riverfront as a public enhancement to the pedestrian
corridor enveloping the property, the Beaver Creek Resort gondola, the Maya Restaurant, Westin meeting space and
businesses facing the plaza. The Westin has approved this location in perpetuity provided the auto partner adheres to
set vehicle dimensions and display design. On behalf of GMC, the Vail Valley Foundation interfaces with the Westin to
ensure both their and the Town’s requirements are met and the vehicle is regularly washed and aesthetically presented.
Approved by current general manager Kristen Pryor, the vehicle is positioned on a north-south axis between concrete
planters and thus does not impede pedestrian flow.
We thank you for your time and appreciate your consideration in this matter.
Best regards,
Sacha H. Kostick
Sponsorship Account Manager
Vail Valley Foundation
90 Benchmark Rd., Ste. 300
Avon, CO 81620
Attachment B
1
Planning & Zoning Commission
Meeting Minutes
Tuesday, March 6, 2018
I. Call to Order – The meeting was called to order at 5:00pm.
II. Roll Call – All Commissioners were present.
III. Additions & Amendments to the Agenda – There were no additions to the agenda.
IV. Conflicts of Interest – No conflicts of interest were disclosed.
V. Preliminary PUD (Major Amendment) Village at Avon PUD – CONTINUED PUBLIC HEARING
File: PUD17001
Legal Description: Lot 1, Filing 1, Village at Avon
Applicants: Harvey Robertson, Dominic Mauriello, Michael Lindholm
Summary: Amendment to Planning Area F, a 13-acre property located at the intersection of Post
Blvd and East Beaver Creek Boulevard, including: 1) increase density allowance from
18 dwelling unit/ acre to 25 dwelling units per acre; 2) increase maximum allowable
residential development from 50% to 100; and 3) increase allowable building height
from 48’ to 66’ for multi-family buildings.
Public Comment: Ryan Geller spoke in favor of the application.
Action: Commissioner Nusbaum motioned to recommend that Town Council approve the
application with the following findings and conditions:
Findings:
1. The Application, with additional information provided at Final PUD, provides
sufficient information to determine that the development application
complies with the relevant review criteria.
2. The Application demonstrates compliance with the goals and policies of the Avon
Comprehensive Plan.
3. The Application is in conformance with Avon Development Code Section
7.16.060(e)(4), Review Criteria, as outlined in staff’s report and the applicant’s
written response to the Review Criteria.
4. Compared to the underlying zoning of PA-F, the PUD amendment is not likely to
result in significant adverse impacts upon other property in the vicinity.
5. Future uses on PA-F will be compatible in scale with potential future uses on other
properties in the vicinity.
6. Increased residential density on the subject property, along with reduced commercial
land use, will result in increased pedestrian demand and usage in the area; wider
sidewalks and pedestrian friendly improvements connecting the property to other
parts of Town will accommodate the demand shift.
7. A continuous streetscape and multi-modal transportation network, compatible with
other adjacent and planned east-west thoroughfares (i.e. West Beaver Creek
Boulevard, and Urban Local Road – Main Street (central segment) is warranted for
the PA-F frontage with an appropriately sized right-of-way to facilitate shifting trends
in mobility.
Conditions:
2
1. Amend the Village (at Avon) PUD Guide as follows: B. TOTAL PERMITTED
DENSITY, 6. shall be amended to strike Planning Area F from the third line and
add a fourth line which reads, “Planning Area F, Residential Min%: 0%,
Residential Max%: 90% Commercial Min%: 10% Commercial Max%: 30%.” Fifth
line and note added that states Minimum Commercial Gross Square Footage
shall be a Minimum of 10% of the total Gross Square Footage of Planning Area
F.
2. Amend the Village (at Avon) PUD Guide, Appendix F, Illustrations 7 and 8, to
revise the Urban Local Road, Main Street (eastern segment) to be
commensurate with Town of Avon Road Standards and depict an appropriate
right-of-way with 6' wide minimum sidewalks on each side of the road, bicycle
lanes, landscape buffers, and potential for on-street parking and/or vehicle
turn lanes and bus pull offs.
Commissioner Glaner Seconded the motion and it carried unanimously 6-0.
VI. Action on Records of Decision
• Colorado World Resorts | Rezoning and Preliminary PUD – Action February 6, 2018
Action: Commissioner Nusbaum motioned to approve the record of decision. Commissioner
Glaner seconded the motion and it carried 5-0 with commissioner Hardy abstaining.
• Town of Avon Town-Owned Properties Plan | Comprehensive Plan – Action February 20, 2018
Action: Commissioner Nusbaum motioned to approve the record of decision. Commissioner
Glaner seconded the motion and it carried 5-0 with commissioner Barnes abstaining.
VII. Action on Meeting Minutes
• February 20, 2018 Meeting
Action: Commissioner Nusbaum motioned to approve the record of decision. Commissioner
Glaner seconded the motion and it carried 5-0 with commissioner Barnes abstaining.
VIII. Staff Updates
Action: Staff mentioned the outcome of the Colorado World Resorts work session with Town
Council.
Staff invited PZC members to participate in the March 7 Housing work session with
Town Council.
IX. Adjourn – The meeting was adjourned at 7:05 pm.
Approved this 20th Day of March 2018
SIGNED: ___________________________________________
Lindsay Hardy, Chairperson
PZC Recommendations: #PUD17001 Page 1 of 2
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECCOMENDATION TO TOWN COUNCIL
DATE OF DECISION: March 6, 2018
TYPE OF APPLICATION: PUD Amendment
PROPERTY LOCATION: Lot 1, Filing 1, Village at Avon
FILE NUMBER: #PUD17001
APPLICANT: Town of Avon
These recommendations are made in accordance with the Avon Development Code (“Development Code”) §7.16.060(e)(4):
DECISION: Recommendation to approve the PUD Amendment, with the following Findings and Conditions:
FINDINGS:
1. The Application, with additional information provided at Final PUD, provides
sufficient information to determine that the development application
complies with the relevant review criteria.
2. The Application demonstrates compliance with the goals and policies of the Avon
Comprehensive Plan.
3. The Application is in conformance with Avon Development Code Section
7.16.060(e)(4), Review Criteria, as outlined in staff’s report and the applicant’s written
response to the Review Criteria.
4. Compared to the underlying zoning of PA-F, the PUD amendment is not likely to result
in significant adverse impacts upon other property in the vicinity.
5. Future uses on PA-F will be compatible in scale with potential future uses on other
properties in the vicinity.
6. Increased residential density on the subject property, along with reduced commercial
land use, will result in increased pedestrian demand and usage in the area; wider
sidewalks and pedestrian friendly improvements connecting the property to other
parts of Town will accommodate the demand shift.
7. A continuous streetscape and multi-modal transportation network, compatible with
other adjacent and planned east-west thoroughfares (i.e. West Beaver Creek
Boulevard, and Urban Local Road – Main Street (central segment) is warranted for
the PA-F frontage with an appropriately sized right-of-way to facilitate shifting trends
in mobility.
CONDITIONS:
1. Amend the Village (at Avon) PUD Guide as follows: B. TOTAL PERMITTED
DENSITY, 6. shall be amended to strike Planning Area F from the third line
and add a fourth line which reads, “Planning Area F, Residential Min%: 0%,
Residential Max%: 90% Commercial Min%: 10% Commercial Max%: 30%.” Fifth
line and note added that states Minimum Commercial Gross Square Footage
shall be a Minimum of 10% of the total Gross Square Footage of Planning Area
F.
PZC Recommendations: #PUD17001 Page 2 of 2
2. Amend the Village (at Avon) PUD Guide, Appendix F, Illustrations 7 and 8, to
revise the Urban Local Road, Main Street (eastern segment) to be
commensurate with Town of Avon Road Standards and depict an
appropriate right-of-way with 6' wide minimum sidewalks on each side of the
road, bicycle lanes, landscape buffers, and potential for on-street parking
and/or vehicle turn lanes and bus pull offs.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________ PZC Chairperson