PZC Res. No. 08-06TOWN OF AVON
PLANNING & ZONING COMMISSION Y lV
C O L O R A D O
RESOLUTION No. 08-06
A RESOLUTION RECOMMENDING DENIAL TO THE AVON
TOWN COUNCIL OF A REZONING APPLICATION TO REZONE
FROM THE TOWN CENTER (TC) ZONING DESIGNATION TO A
NEW PLANNED UNIT DEVELOPMENT (PUD) FOR LOTS 21,
65A, 65B, TRACT Q, AND PARCEL TK -3, BLOCK 2,
BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF
AVON, EAGLE COUNTY, COLORADO
WHEREAS, Pedro Campos of the Vail Architecture Group, representing the owner of
the property, EAH, LLC, has applied for a PUD Amendment for Lots 21, 65A and 6513;
Tracts O & R; And Parcel No. TK -3, Benchmark at Beaver Creek Subdivision, pursuant
to Section 17.20.110 of the Avon Municipal Code (AMC); as presented in the original
application dated February 6, 2008; and
WHEREAS, Pursuant to the pertinent noticing procedures required by law, the Planning
and Zoning Commission of the Town of Avon held public hearings on June 3, 2008,
June 17, 2008, July 1, 2008, July 15, 2008, August 5, 2008, and August 19, 2008, at
which time the applicant was given an opportunity to present a proposal for a new PUD
and hear the feedback from both the Commission and members of the public, in addition
to the written comments from Staff regarding this PUD request; and
WHEREAS, The Planning and Zoning Commission was provided with Staff Reports at
each of the aforementioned hearings which included pertinent support materials and
which provided a thorough analysis of the technical zoning information as it relates to the
applicable twelve PUD Design Criteria found in Section 17.20.110(h), AMC; and
WHEREAS, The Planning and Zoning Commission, the applicant, Town Staff, and the
public, deliberated extensively upon each of the applicable twelve criteria at all six of the
aforementioned public hearings held for the subject application, and
WHEREAS, The Planning and Zoning Commission considered the following criteria
when evaluating this application:
1. Conformance with the Town of Avon Comprehensive Plan Goals and
Objectives.
2. Conformity and compliance with the overall design theme of the town, the
sub -area design recommendations and design guidelines of the Town.
3. Design compatibility with the immediate environment, neighborhood, and
adjacent properties relative to architectural design, scale, bulk, building height,
buffer zones, character, and orientation.
4. Uses, activity, and density which provide a compatible, efficient, and
workable relationship with surrounding uses and activity.
5. Identification and mitigation or avoidance of natural and/or geologic hazards
that affect the property upon which the PUD is proposed.
6. Site plan, building design and location and open space provisions designed
to produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
7. A circulation system designed for both vehicles and pedestrians addressing
on and off site traffic circulation that is compatible with the Town Transportation
Plan.
8. Functional and aesthetic landscaping and open space in order to optimize
and preserve natural features, recreation, views and function.
9. Phasing plan or subdivision plan that 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.
10. Adequacy of public services such as sewer, water, schools, transportation
systems, roads, parks, and police and fire protection.
11. That 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.
12. That the PUD or amendment to PUD requested provides evidence of
substantial compliance with the following public purpose provisions, as outlined
in Section 17.28.085 of the Avon Municipal Code (as follows):
Zoning applications
The Town shall consider the following public benefit criteria when evaluating
zoning applications:
(1) The application demonstrates a public purpose which the current zoning
entitlements cannot achieve.
(2) Approval of the zoning application provides long-term economic, cultural
or social community benefits that are equal to or greater than potential
adverse impacts as a result of the changed zoning rights.
(3) The flexibility afforded in approval of the zoning application will result in
better siting of the development, preserving valued environmental and
cultural resources and increasing the amount of public benefit consistent with
the community master plan documents.
WHEREAS, Section 17.20.110(h) of the Avon Municipal Code states the following:
It shall be the burden of the applicant to demonstrate that submittal material and the
proposed development plan comply with each of the following design criteria or
demonstrate that one (1) or more of them is not applicable, or that a particular
development solution consistent with the public interest has been achieved; and
WHEREAS, after holding a public hearing at their August 19, 2008 meeting, the
Planning & Zoning Commission made the following findings with respect to the subject
application (pursuant to Section 17.20.110(h) of the Avon Municioal Code):
1. The applicant has failed to demonstrate conformance with the Town of Avon
Comprehensive Plan Goals and Objectives, as applicable, particularly with
respect to Topic Areas B. Built Form; D. Community Character, and F. Housing.
2. The applicant has failed to demonstrate conformity and compliance with the
overall design theme of the town, the sub -area design recommendations and
design guidelines of the Town, with specific regard to the proposed roof forms
and monolithic appearance of the proposed buildings.
3. The applicant has failed to demonstrate design compatibility with the
immediate environment, neighborhood, and adjacent properties relative to
architectural design, scale, bulk, building height, buffer zones, character, and
orientation.
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4. The proposed uses, activity, and density have not been proven to provide a
compatible, efficient, and workable relationship with surrounding uses and
activity;
5. Not Applicable (Identification and mitigation or avoidance of natural and/or
geologic hazards that affect the property upon which the PUD is proposed.)
6. The proposed site plan, building design and location and open space appear
to have been designed to produce a functional development responsive and
sensitive to natural features and vegetation, but not to the overall aesthetic
quality of the community
7. A circulation system has been designed for both vehicles and pedestrians but
has not been demonstrated to adequately address on and off site traffic
circulation in a manner compatible with the Town Transportation Plan.
8. The applicant has demonstrated that functional and aesthetic landscaping
and open space can be planned in order to optimize and preserve natural
features, recreation, views and function.
9. The proposed phasing plans fail to demonstrate the ability to maintain a
workable, functional, and efficient relationship throughout the development of the
PUD. The phasing plan does not clearly demonstrate that each phase can be
workable, functional and efficient without relying upon completion of future
project phases.
10. The adequacy of public services such as sewer, water, schools,
transportation systems, roads, parks, and police and fire protection has not been
satisfactorily demonstrated.
11. The existing streets and roads appear suitable and adequate to carry
anticipated traffic within the proposed PUD and in the vicinity of the proposed
PUD.
12. That the PUD has not demonstrated evidence of substantial compliance with
the public purpose provisions, as outlined in Section 17.28.085 of the Avon
Municipal Code.
NOW, THEREFORE, BE IT RESOLVED, the Planning and Zoning Commission of
the Town of Avon, Colorado, hereby makes a recommendation of DENIAL to the
Avon Town Council for the PUD Amendment application for Lots 21, 65A and 656;
Tracts Q & R; And Parcel No. TK -3, Benchmark at Beaver Creek Subdivision, Town
of Avon, Eagle County Colorado, with the findings set forth herein.
ADOPTED AND REAFFIRMED THIS 16"' DAY OF SEPTEMBER 2008
Signed:
=�v7 Date:
Chair
Attest:
AA VX A
Y
Secretary
Date: C� / ! (' /0