PZC Res. No. 2012-The Village at AvonAVON PLANNING AND ZONING COMMISSION 1� VON
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FINDINGS OF FACT AND RECOMMENDATIONS Y
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CONCERNING THE PRELIMINARY PLANNED UNIT DEVELOPMENT
AMENDMENT APPLICATION FOR THE VILLAGE (AT AVON)
The following findings of fact and recommendations are made in accordance with Avon
Municipal Code Section 7.16.060(e)(3):
Application Submitted. A preliminary PUD Application (the "Application"), consisting
of an Amended Planned Unit Development Guide for the Village (at Avon) ("Amended
PUD Guide"), was submitted to the Community Development Department of the Town
of Avon (the "Town") on March 23, 2012 by Harvey Robertson of RMT Architects.
representing the owners of the Village (at Avon) property (the "Applicant").
2. Determination of ComDleteness. Pursuant to Avon Municipal Code ("AMC")
§7.16.020(c)(1), a determination of completeness was submitted to the Applicant by letter
from Matt Pielsticker of the Community Development Department on April 3, 2012,
within ten (10) days of the application submittal. The Applicant was informed that items
remained outstanding.
3. Town Staff Initial Comments. Town staff provided the Applicant with initial
comments on April 27, 2012. A letter from Eric Heil, Town Attorney, provided initial
comments regarding title insurance exceptions. Additional comments were provided by
Matt Pielsticker of Community Development Department and Justin Hildreth of the
Engineering Department.
4. ADDlication Complete. On May 7, 2012 the Application was determined to be
complete.
5. Referral to other Aeencies. The Amended PUD Guide was referred electronically via
the Town's website, www.avon.ore/referral, to other agencies for review and comment
on May 8, 2012 pursuant to AMC §7.16.020(c)(2). The following agencies were notified
for referral: Eagle County Planning, Eagle County School District, ECO Trails, Eagle
River Water & Sanitation District, Eagle River Fire Protection District, United States
Forest Service, Department of Transportation, Eagle County Health Service District,
Department of Wildlife, Colorado State Land Board, Colorado Geological Survey,
Colorado Mountain College, Eagle -Vail Metropolitan District, Eagle County Sheriff,
ECO Transit, Eagle Valley Library District, Upper Eagle Regional Water Authority,
Buffalo Ridge Affordable Housing Corporation, Buffalo Ridge Il, Xcel Energy, Holy
Cross Electric, Comcast, Beaver Creek Metropolitan District, Beaver Creek Property
Owners Association, Beaver Creek Resort Company, Vail Resorts, Union Pacific
FINDINGS OF FACT AND RECOMMENDATIONS
TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT
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Railroad, and the Public Utilities Commission. Referral comments were due May 29,
2012, twenty (20) days after referral.
6. Staff Comment Letters to Annlicant. On May 17, 2012 Matt Pielsticker of the
Community Development Department submitted revised Initial Review Comments to the
Applicant. On May 21, 2012 Town Engineer Justin Hildreth submitted his second round
of comments on behalf of the Engineering Department to the Applicant.
Joint Work Session with Town Council. On May 8, 2012 Planning and Zoning
Commission ("PZC") and the Town Council held ajoint work session for an introductory
presentation of the Amended PUD Guide and the Consolidated Amended and Restated
Annexation and Development Agreement and overview of the review schedule. Version
8 of the Amended PUD Guide was submitted to both bodies at the May 8, 2012 meeting.
8. Notice of Public Hearine. On May 25, 2012, pursuant to §7.16.020(d), a notice of
public hearing was published in The Vail Daily for the June 5, 2012 Planning and Zoning
Commission meeting to review the Traer Creek LLC Village (at Avon) Preliminary
Planned Unit Development application.
9. Referral Comments Received. Two referral comments were received by the
Community Development Department on May 29, 2012, including: A comment letter by
Eagle County School District Board signed by President Jeanne McQueeny and a
comment letter by Colorado Parks and Wildlife signed by Department Area Wildlife
Manager Perry Will. Colorado Parks and Wildlife submitted comments regarding
impacts on habitat and wildlife and lack of mitigation measures to reduce the impacts.
The Eagle County School District Board submitted comments regarding amendments to
the VAA PUD to change the school site dedication requirements.
10. Staff Report to PZC. Matt Pielsticker submitted a Staff report to the PZC dated June 1,
2012. On May 31, 2012, the Applicant submitted Version 9 of the Amended PUD Guide.
Due to the receipt of the Version 9 of the Amended PUD Guide late in the day on May
31, 2012, staff was not able to review the changes in Version 9 and include such changes
in the Staff report analysis for the application. At the request of Town staff, the
Applicant submitted a memorandum on June 1, 2012 detailing revisions to Version 8 that
are reflected in Version 9.
11. Preliminary Public Hearine before the Planning and Zoning Commission. On June
5, 2012 the PZC held a public hearing on the Application and reviewed the Application
for approximately four (4) hours. The PZC continued the public hearing to June 11, 2012
in order to further review the Application.
12. Applicant Resnonse to Staff Comments. On the morning of June 8, 2012,
representatives of the Applicant and Town staff participated in a four (4) hour conference
call with the Applicant for the purpose of clarifying, addressing and resolving staff
FINDINGS OF FACT AND RECOMMENDATIONS
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comments. On June 8, 2012 and June 9, 2012 the Applicant submitted memorandums
detailing responses to staff comments on Versions 8 and 9.
13. Continued Preliminary Public HearinS. On June 11, 2012 the PZC conducted the
continued public hearing and continued with further review of the Amended PUD Guide
for approximately six (6) hours. At the conclusion of the meeting, PZC noted that PZC
was not able to conduct a complete review of the Application but due to the stipulated
schedule submitted to the Eagle County District Court, took action to provide the
following recommendations to the Town Council:
RECOMMENDATIONS:
A. Vested Property Riahts. The PZC recommends that Town Council APPROfE a 6 year
extension to vested property rights based on the following specific findings and with the
conditions set forth below:
Specific Findings:
(1) The extended vested property rights are included in the settlement term sheet
which were approved by the Town Council;
(2) The extended vested property rights make up for lost development time; and
(3) The extended vested property rights and inclusion of the sunset clauses could
create a benefit to the Town and encourage economic development.
Conditions:
(a) The role of the Master Developer in this PUD regarding land use and property
rights is extensive and should also be subject to sunset provisions; and
(b) Town Council should clarify and define time frames for and conditions of sunset
provisions
(c) A recommendation that the Town Council has a complete and thorough
understanding of the implication of vesting, Master Developer and sunset
provisions as part of the Town Council review.
Dissenting Vote:
(1) Commissioner Prince stated that he did not find benefit to the Town as to why the
extended vested property rights should be approved, therefore could not vote to
approve the extension as proposed.
FINDINGS OF FACT AND RECOMMENDATIONS
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B. School Site Dedication. The PZC recommends that Town Council NOT APPROVE the
school site dedication with the following findings
(1) Split parcel configuration is not acceptable;
(2) 7.3 acres based on public input previously heard is a reasonable size predicated on
its location;
(3) Development pattern of the PUD is not known at this time and moving the site off
Lot 1, Filing 1 is not preferred;
(4) The existing gas line is an issue of safety and welfare,
(5) The Town will have the responsibility of determining the user of the school site;
(6) The site needs adequate access and egress from the site;
(7) The remaining dedication on Planning Area I is not an adequate site due to
proposed standard of development for ingress and egress;
(8) The timing of the school site dedication is unknown and needs to be further
addressed and identified; and
(9) The spirit of Ordinance 06-17 regarding the development of a school site on
Parcel G is not being followed and should be followed in the PUD amendment.
C. Plannine Area. The PZC recommends that Council APPROVE the change of park
land on currently designated Planning Area N south to commercial and other
development uses on proposed Planning Area J with the condition that the role of the
Design Review Board and applicable minimum design standards for commercial uses on
Planning Area J require further discussion and review by the PZC.
D. DRB Powers. The PZC recommends that Council APPROVE revisions to the VAA
Design Review Board with the following conditions:
(1) The Town has representation on the VAA Design Review Board;
(2) Meeting notices are consistent with Town Design Review Board and PZC
procedures
(3) VAA Design Review Board meetings are open to the public;
(4) Section J.10.A of version 9 of the PUD Guide is removed from the proposed
document;
(5) Town oversight and review procedures as stated in Section I.7 of the 1998
Annexation and Development Agreement stay in effect;
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(6) The VAA Design Review Board meet at least once a month in a public meeting;
(7) Adequate public notice of the meeting is required;
(8) Town Council clarify the referral process as cited in Section 1.7.(d) of the 1998
annexation agreement;
(9) Town Council clarify the enforcement of the VAA Design Review Board and its
decisions;
(10) All VAA Design Review Board meetings include recording and reporting
processes to the Town;
(11) The proposed design and development of a proposed gateway entrance to the
Town in Planning Area J and the remainder of the zoning modifications should be
available for public comment and be publicly noticed; and
(12) The citizens of Avon should be heard on the proposed development, specifically
those citizens directly adjacent to and/or within close proximity to each
development area.
E. Independent Design Review Board for Planning Areas K and RMF -1. The PZC
recommends that Town Council APPROVE an additional VAA Design Review Board
for Planning Area K and RMF -1 as set forth in the PUD Guide.
F. Parkland Pl-P4: The PZC recommends that Town Council APPROVE the parkland
modifications with the following specific findings and with the conditions set forth
below:
Specific Findings:
(1) The proposed PUD Amendment provides less parks on the valley floor west of
Post Boulevard than originally approved in the 1998 PUD;
(2) Existing Nottingham Park and Proposed Planning Area B can serve as destination
parks and large parks for the Town;
(3) The proposed PUD Amendment appears to result in a net loss of a half -acre in
total open space/park area:
(4) Further defining the 5.8 acres for A, C, D, and E will help address further
conflicts.
Conditions:
(a) 5.8 acres should be moved from I, J and K to A. C, D, and E;
FINDINGS OF FACT AND RECOMMENDATIONS
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(b) The definitions of Open Space and Parks need to be clarified and further defined;
(c) The characteristics of parks as outlined in the AMC are not exempt from being
applied to this PUD;
(d) PZC questions the demand for large parks and recommends that linear or pocket
parks are a more attractive option for the valley floor:
(e) PZC accepts changing Planning Area N -south to commercial uses;
(f) Trails in -lieu of formally defined parks is recommended for Planning Area K and
is consistent with Wildlife Plans.
G. Review Schedule. Given the accelerated schedule PZC was not afforded sufficient time
to review the breadth of proposed changes. Accordingly, the following list includes some,
but not all, of the items that were not addressed by PZC:
(1) Special Review Use process modifications;
(2) Dedication of Open Space Tracts OS -9 and OS -10;
(3) 135' height for Planning Area A;
(4) Road Access and Standards for Planning Area l:
(5) Increased Hillside Density;
(6) Consolidation and dedication of Planning Area B;
(7) Narrowed E. Beaver Creek Boulevard (now "Main Street"):
(8) Administrative Subdivision Process;
(9) Analysis of Planning Areas C, D, F, G, H, I, RMF -I and RMF 2;
(10) Elimination of Commercial Square footage cap;
(11) Village Residential to Mixed Use and Retail Zoning in valley floor;
(12) Llist and understanding of Municipal Code exceptions in Exhibit G;
(13) Monument Signage;
(14) Master Developer concept, role, rights, duties, duration and impact on PUD;
(15) Wildlife Protection regulations and revisions; and,
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(16) analysis of Mandatory Review Criteria from §7.16.06(e)(4).
H. Preliminary PUD Recommendation. The PZC is UNABLE TO RECOMMEND
OVERALL APPROVAL to the Town Council on the Preliminary PUD amendment dated
5/30/12 with the following specific findings set forth below:
Specific Findings:
(1) The PZC has reviewed and worked through a number of items in two meetings
some of which were recommend with conditions for approval and one of which
was not recommended for approval;
(2) The PZC received good cooperation from the applicant, but will require additional
written documentation in the form of a revised and final PUD Guide and
significantly more time before overall approval can be recommended;
(3) The PZC directs Staff to formally write up the recommendation with findings and
conditions that will be reviewed and approved by the PZC Chairman and
submitted to the Town Council.
THESE FINDINGS OF FACT AND RECOMMENDATIONS ARE HEREBY
APPROVED:
BY: ��\ 1 DATE:
Chris Green,
Planning and Zoning Commission Chairperson
FINDINGS OF FACT AND RECOMMENDATIONS
TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT
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