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PZC Packet 091917 Planning & Zoning Commission Meeting Agenda Tuesday, September 19, 2017 One Lake Street If you require special accommodation please contact us in advance and we will assist you. You may call Matt Pielsticker at 970-748- 4413 or email mpielsticker@avon.org with any special requests. I. Call to Order – 5:00pm II. Roll Call III. Additions & Amendments to the Agenda IV. Conflicts of Interest V. Temporary Use Applications - Temporary Vehicle Display – PUBLIC HEARING File: TMP17002 Legal Description: Lot 2 Riverfront Subdivision Applicant: Kristen Pryor Summary: Proposal to park a display vehicle on plaza at Riverfront for up to three (3) years. VI. Comprehensive Plan for Town Properties & Multi-modal Transportation & Parking Plan – CONTINUED PUBLIC HEARING Files: CPA17001 & CPA17002 Legal Description: N/A Applicant: Town of Avon Summary: For review and consideration are two master planning documents: 1) Town of Avon Properties Development Strategies - dated July 26, 2017, and 2) Avon Multimodal Transportation and Parking Plan - dated July 6, 2017. Comments will be taken on the entire plan; however PZC will be focusing on: Wildridge Fire Station; Wildwood properties; Swift Gulch site; Village at Avon park site; Village at Avon school site; and the Public Works site. VII. Work Session - Folson Property Summary: Review of plans for a hotel at the Folson Annex property on US Highway 6. VIII. Sign Design – 150 Lake Street File: SGN17009 Legal Description: Tract G, Block 2, Benchmark at Beaver Creek Applicant: Town of Avon Summary: Proposal for new sign above north entrance, and relocation of existing sign to the Mikaela Way side of the building. IX. Approval of Meeting Minutes • September 5, 2017 Meeting 1 Agenda posted on Friday, September 15, 2017 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. X. Approval of Record of Decision • AEC17005, Record of Decision for Fence • CTA17002, Code Text Amendment for Family Definition XI. Staff Approvals and Updates • MNR17043 Patio Addition at 5177 Longsun Lane • MNR17044 Cell Array on Avon Center • TMP17003 Temporary Parking for Northside Café construction XII. Adjourn 2 Agenda posted on Friday, September 15, 2017 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. September 19, 2017 PZC Meeting – Vehicle Display Temporary Use Permit 1 Staff Report – Temporary Use Permit September 19, 2017 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 The Westin Riverfront Resort, the Applicant and Property Owner, 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 last few 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 Notification and Public Hearings In compliance with the Public Hearing and noticing requirements, a notice was published in the Vail Daily. The September 19, 2017 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 owned and 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 last application process, staff worked with the Applicant 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.” Sec. 7.24.080(h)(17) of the Avon Development Code, the application requires PZC review with a public hearing to re-approve the location. September 19, 2017 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. The Application is generally compliant with the Temporary Use Permit Review Criteria and findings. 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 induce noise, vibration or congestion to adjacent property; 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 Westin Riverfront Resort. The display will be maintained in a safe and orderly manner. (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 located and practical to move if necessary. September 19, 2017 PZC Meeting – Vehicle Display Temporary Use Permit 3 (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 applicant is not proposing additional signage beyond the display. (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 so it will not disturb sensitive or protected resources or require any landscape rehabilitation. (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 requested temporary vehicle display. September 19, 2017 PZC Meeting – Vehicle Display Temporary Use Permit 4 (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 mitigates vehicular traffic, pedestrian traffic and congestion 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: At this time, 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 vicinit y 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. Staff Recommendation Staff recommends approval of the requested Temporary Use Permit with the following findings and one condition: 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. September 19, 2017 PZC Meeting – Vehicle Display Temporary Use Permit 5 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 vehic le display should any vehicle fluids stain, discolor or otherwise damage the surface. Recommended Motion I move to approve Case #TMP17002, an application for a Temporary Use Permit for Lot 2, Riverfront Subdivision together with the findings and condition as recommended by staff. Attachments A: Display Photos B: Display Site Plan Exhibit A Staff Report – Comprehensive Plans September 19, 2017 Planning & Zoning Commission Meeting Project File Case #CPA17001 & #CPA17002 Application Type Comprehensive Plans Document Titles Town of Avon Properties Development Strategies - dated July 26, 2017 Avon Multimodal Transportation and Parking Plan - dated July 6, 2017 Prepared By Matt Pielsticker, AICP, Planning Director INTRODUCTION The Planning Commission has held three public meetings regarding the Comprehensive Plan amendments. In this time, the Commission instructed staff and the consultants to deliver more information on certain aspects of the plan. While there are “unresolved” aspects of the plan, to prevent the process from becoming too long, staff recommends a motion for the tabling of Case #CPA17001 & #CPA17002 until more information can be provided for its completion. Staff will advertise and broadcast the process once the Hahnewald Barn results have been completed and the final review can be scheduled, expected in late October or early November. September 19, 2017 PZC Work Session Colorado World Resorts PUD PAGE 1 OF 3 To: Planning and Zoning Commission From: David McWilliams, Town Planner Meeting Date: September 19, 2017 Agenda Topic: Work Session –Colorado World Resorts PUD Introduction Representatives from the development team will be in attendance for a work session concerning the hotel/condominium project on the Folson Annexation property. The purpose of Tuesday’s work session is to provide the Planning and Zoning Commission (PZC) with a presentation on the progression of the project, and solicit feedback on the project. A narrative, site plans, floor plans, sections, and modeling are attached to this report. Staff encourages the PZC to come prepared with questions and comments on the attached development plan drawings. The applicant is seeking direction on the revised plans, as well as providing the PZC with the opportunity to review the plans and potential rezoning process prior to submitting an application and scheduling a public hearing. We urge PZC to consider what additional submittal items (if any) would be of assistance to fully review the application. From the submitted materials, the development team is seeking specific direction on the following: 1. Consensus that the proposed height is acceptable to move forward with a preliminary PUD application. 2. Is height alone enough to not recommend proceeding based on compatibility? 3. If the height is not acceptable, what ae the reasons (findings) that the height is not compatible with the surroundings? To aid PZC with these posed questions, it is important to consider 1) the PUD eligibility requirements; and 2) the PUD review Criteria. Section 7.16.060(b), PUD Eligibility Criteria (1) Property Eligible. All properties within the Town of Avon are eligible to apply for PUD approval. (2) Consistency with Comprehensive Plan. The proposed development shall be consistent with the Avon Comprehensive Plan. (3) Consistent with PUD Intent. The proposed development shall be consistent with the intent and spirit of the PUD purpose statement in §7.16.060(a). (4) Compatibility with Existing Uses. The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in the Development Code or planned for in the Avon Comprehensive Plan. (5) Public Benefit. A recognizable and material benefit will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be infeasible or unlikely. September 19, 2017 PZC Work Session Colorado World Resorts PUD PAGE 2 OF 3 (6) Preservation of Site Features. Long-term conservation of natural, historical, architectural, or other significant features or open space will be achieved, where such features would otherwise be destroyed or degraded by development as permitted by the underlying zoning district. (7) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses in the PUD projects, and to ensure compatibility between uses and the surrounding neighborhood. Section 7.16.060(e)(4), PUD Eligibility Criteria (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. (ii) The PUD rezoning will promote the public health, safety, and general welfare; (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b); (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Process The project timeline, below, would be required to zone and approve the design of the project. Tab le 7.20-9 is also included for reference of the typical dimensions in the Town Center District. The PUD overlay would then be necessary to increase the allowed height from the zoning requirement, as well as variations to the parking code.  Rezoning to Town Center (TC), with concurrent PUD overlay Application o PZC recommendation to Council o Council Final Action with Ordinance  Major Development Plan Application o PZC review and Final Action September 19, 2017 PZC Work Session Colorado World Resorts PUD PAGE 3 OF 3 Table 7.20-9 Dimensions for the Town Center District Min. Lot Size (acres or sq. ft.) Min. Lot Width (feet) Max. Lot Coverage (%) Min. Landscape Area (%) Min. Front Setback (feet) Min. Side Setback (feet) Min. Rear Setback (feet) Max. Building Height (feet) n/a n/a 50 [5] 20 0 [1, 4] 7.5 [2] 10 [3] 80 [1] Infill development shall match the smallest setback of existing, adjacent structures. [2] TC abutting a residential district shall match the side yard setback standards of that district. [3] When abutting a public street, alley or public right-of-way. The rear setback for TC abutting a residential district shall be 20 feet, regardless of the location of any street, alley or ROW. [4] Nonresidential development that incorporates public space such as a plaza or courtyard into the building design may increase the front setback by up to 20 feet to accommodate that area up to 40% of the front building line. [5] May be increased to 80% if employee housing mitigation is provided in accordance with Section 7.20.100. Attachments  Project Description of Development Proposal  Development Plan Drawings Colorado West Resorts, LLC TAB Associates, Inc. Colorado World Resorts PUD Planning and Zoning Work Session Project Description September 19, 2017 1 | Page PROJECT TEAM Owner Colorado World Resorts, LLC 6460 S. Quebec St Building 5 Centennial, CO 80111 Colorado World Resorts LLC and its predecessor companies have been family owned and operated in Denver, CO for over 25 years. Since founding, the company has built, remodeled and operated 17 branded hotels in the Denver area (3 new and 14 remodeled). Including other members of the team over 60 hotels have been owned and/or operated in the Denver market area. The company is an approved Hilton Hotel brand builder and operator. Brands built and operated include Ramada, Days Inn, Hampton Inn and Suites, Fairfield Inn and Suites, Microtel, Wingate, Clarion and Super 8, IHG Hotels and independently branded hotels. The company also has roots as a European custom home builder. They have built over 500 homes (ranging from 3,000s.f. - 40,000 s.f.) in the Denver area and has also completed over 2 million square feet of home and commercial remodeling. This combined with the teams avid love of skiing, mountaineering, golf, outdoor sports and the Vail Beaver Creek area, will result in a beautifully designed and meticulously operated property over the long term. Architect TAB Associates, Inc. 56 Edwards Village Blvd Suite 210 Edwards, CO 81632 Tab Bonidy, President Greg Macik, Principal Civil Engineering Alpine Engineering, Inc. P.O. Box 97 Edwards, CO 81632 (970) 926-3373 (970) 926-3390 fax Geology Hepworth-Pawlak Geotechnical 5020 Road 154 Glenwood Springs, CO 81601 (970) 945-7988 (970) 945-8454 fax Wetlands Western Ecological Resource 711 Walnut Street Boulder, CO 80302 (303) 449-9009 (303) 449-9038 fax Traffic LSC Transportation Consultants, Inc. 1889 York Street Denver, CO 80206 (303) 333-1105 (303) 333-1107 fax Environmental Impact Report Watershed Environmental Consultants, Inc. P.O. Box 4618 Eagle, CO 81631 (970) 328-4364 (970) 328-4364 fax 2 | Page Project Overview and Process The property is commonly known as the Folson property. The 21.52 acres site is contiguous to and east of the Accent Development which is directly east of the Beaver Creek Roundabout. Colorado World Resorts, LLC is proposing a Hotel/Condominium complex located in the lower west portion of the property. The project is being proposed as a single phase project. The project site does begin to rise steeply after the rather flat front portion of the site. We have concentrated the development on the lower flat section of the site to avoid as much as possible the steep slopes of the site. Condominiums will be for sale units. Hotel portion will be a boutique Hotel without a major brand attachment at this time. TAB Associates, Inc. began working with a developer on this site in 2006. By January of 2008 we were close to an approval prior to economic issues and Owner withdraw from the project. Since 2008 we have had at least six different developers approach us to help research and purse a new development. Projects similar to this one, hotels, commercial and etc have been discussed. In most cases the potential developer withdrew due to the complexity of the site and limited site area in relationship to potential salable square footage. Colorado World Resorts, LLC approached us in July of this year to potentially resurrect the project that was abandoned in 2008. We do believe the process we went through in 2006 and 2007 developed a project that met and still meets the Town Code. We purposefully followed the previous process so as to build upon all the work and decision making previously done and agreed upon, and this is a foundational premise so as to not waste building or P&Z time. As we describe below we were down to one last item of building height. As you will learn we have carefully reviewed the new Avon Town Code, Comprehensive Plan and Strategic Plan to assure we meet the current plans and Code. Our goal is to commence TOA P&Z meetings in late October for the Preliminary PUD Application process. We are prepared to provide additional information as seen fit by the Town of Avon for this PUD application. Proposed Use Description Colorado World Resorts, LLC is proposing a Planned Unit Development (PUD) overlay of Town Center Zoning pursuant to the Town of Avon Comprehensive Plan and direction received from the Planning Staff. We will be asking for various deviations from the Town Center Zoning and Town Code. Building Height, Parking Requirements and building in steep slopes. Building Height We are asking for a restricted stepped building height as outlined further in this description. This would put restrictions in the PUD which would allow us to only achieve certain heights as percentages of the building length. This would insure a stepped building height. Town Center building height is noted as 80 feet but the Sheraton and Westin are both at or above 100 feet. History in regards to Height a) Originally presented in 2006 as 114’ building height as measured per Town of Avon Code. With a 3 phased project over 800 feet long. b) Developed into building under 500 feet long and portion of building height at 104’ stepping down to the 80 feet height. i) These changes developed during multiple meetings with P&Z and Council in which we 3 | Page presented multiple options. (Longer building at 80 feet height, two phased project, etc). ii) Thinking at the time was the stepped building as currently proposed created a more attractive building versus a longer building at the 80 foot height. We did not ever get to a vote. c) We maintain the building mass becomes a part of the massive mountain that creates the site. It blends more appropriately versus a longer lower building. d) We have pushed the building further back up the hill to move it further from the road and thus give more relief. e) We feel the building mass creates an extension of the existing developments and does not create a canyon effect. f) We could achieve a lower building height by creating a similar situation as the Accent by digging out the grade and starting the building lower on the site. We chose to work with the site instead of digging it out. We still feel the building height proposed is the best compromise to address the site constraints as well as economic constraints. a) Proposed 104 foot height is 24 feet higher than Accent as measured per Town Code. i) This development should not be held to the fact the Accent removed grade to achieve a lower main level. Design Compatibility – (Last Staff Report 2008) a) The last Staff report in 2008 did request denial based on Compatibility. After that report and the years since we have pushed the facts that it is compatible with the site and surroundings. Building Coverage- We are currently less than 50% coverage of the buildable site coverage. When considering the entire site we are less than 10% coverage. WHAT WE ARE LOOKING FOR IN THE WORK SESSION 1. Consensus the proposed height is acceptable to move forward with a preliminary PUD application. 2. Is height alone enough to not recommend proceeding based on compatibility? We present and can present many benefits of this project for the Community. 3. If the height is not acceptable what are the reasons (findings) that the height is not compatible with the surroundings. It is based on personal preferences at the PUD level? Findings and Conclusions  We are disturbing approximately 4.9 acres of the entire site including buildings and all site walls.  Over 16 acres dedicated as conservation easement. Trail system extension.  The new access will provide better emergency access to our site, as well as The Accent.  The plan provides a continuation of pedestrian access along the south side of U.S. Highway 6 and access to the site above via a hiking trail system. Safer public transit access.  Most of the parking is structured with shuttle service.  Massing of the building is appropriate with the slope of the land. We are building on the flatter section of the land with limited disturbance of the upper slope.  The building will provide additional high quality residences and hotel units to the Town of Avon.  The use is appropriate to the Town of Avon Code.  Sustainable building design and sustainable building operations.  The development will create an enhanced visual impact for the east entry to Avon in regards to Comprehensive goals to promote the resort image.  Long-term economic gains via transfer taxes for the Town through first sales and re-sale of the units will continue.  The hotel, restaurant and limited commercial will also provide a tax source. Additional information and potential Design standards are provided below for consideration. 4 | Page PUD Information Review for PUD Application The Planning and Zoning Commission and Town Council shall consider the following criteria as the basis for a recommendation or decision to rezone a property to PUD overlay, approve a preliminary PUD plan or process a PUD amendment: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/ vegetation preservation; efficient provision of streets, roads and other utilities and services; or increased choice of living and housing environments. 1- 16 acres of dedicated conservation easement. 2- Improved pedestrian access along the south side of Hwy 6. 3- Preservation of natural resources. 4- Hwy 6 CDOT upgrades. 5- Additional residential and short term rental options. (ii) The PUD rezoning will promote the public health, safety and general welfare; 1- Extension of Town of Avon trail system. 2- Sustainable building design and sustainable building operations. 3- Safer public transit access. Public Benefit Criteria (1) The application demonstrates a public purpose which the current zoning entitlements cannot achieve. The property is currently not zoned. So, the new PUD zoning overlay of Town Center provides a vehicle to develop the property for a public use in providing for sale units, open space, and a restaurant. (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. 1. The development will create an enhanced visual impact for the east entry to Avon in regards to Comprehensive goals to promote the resort image. 2. Long-term economic gains via transfer taxes for the Town through first sales and re-sale of the units will continue. 3. The restaurant will also provide a tax source. 4. Pedestrian access across hwy 6 and onto hillside via a hiking trail system to Beaver Creek and a viewing bench on the east side of the property. 5. Conservation easement dedication of upper 15+ acres of lot. 6. Sustainable building design. 7. Sustainable operations. (3)The flexibility afforded in approval of the zoning application will result in the better siting of the development, preserving valued environmental and cultural resources and increasing the amount of the public benefit consistent with the community master plan documents. New zoning allows us to provide a development located out of visual corridors and provides a large amount of open space. 5 | Page PROJECT DESCRIPTION Introduction The subject tract 21.52 acres and much of this property is heavily forested with the exception of the lower section adjacent to highway 6, as well as a small additional portion mid-way up the site on the east side. Approximately 1000’ of the north property boundary is contiguous with U.S. Highway 6 ROW. The property has never been developed and is currently zoned PUD with no specific entitlements. We are proposing to develop the lower, flatter section of the property that is contiguous with U.S. Highway 6. Town Center will be used as the Zone District with the PUD overlay. Colorado World Resorts, LLC and its consultants have reviewed several options for access, orientation, and massing. The following proposal represents our desires to provide the Town with a project that is compatible with the current Town goals, massing, potential use and site adaptiveness based on feedback from the current staff, Planning & Zoning Commission and the Town Council. Existing Conditions The existing lot size is 21.52 acres located south of U.S. Highway 6 east of the Beaver Creek roundabout. There are approximately 4.1 acres of buildable area with grades of 40% or less. The majority of the 4.1 acres is located in the lower section of the property in which we propose our development. The site flows down to Highway 6 and provides a number of possible access locations. The property is adjacent to a developed Condominium project “The Accent”. In comparison the adjacent property was developed much differently than we are proposing. The Accent dug a big hole with a large retaining wall to fit the building on the site. We are building on the flatter portion of the site and building into the hillside as well as placing the building much further back on the site to reduce the canyon effect of the building adjacent to Hwy 6. This is a more appropriate way to integrate into the site. Existing Zoning and Land Use Existing zoning is none with no specific entitlements and is currently undeveloped. We are planning a PUD development as an overlay over Town Center Zoning. The following is a comparison of Town Center requirements and our proposed PUD. We are asking for the following changes: 1- Minimum front setback from 0 to 40 feet. Providing for a buffer from Hwy 6. 2- Minimum side setbacks from 7.5 feet to 22.5 and 80 feet. The 80 feet east setback is also in consideration of a setback to the east steep slopes and open space. 3- Maximum building height to provide a variety of maximum roof heights to create a stepping of the roof form across the site. 6 | Page Table 7.20-9 (Avon Town Code) Dimensions for the Town Center District PUD dimensional changes underlined and in Italics. Min. Lot Size (acres or sq. ft.) Min. Lot Width (feet) Max. Lot Coverage (%) Min. Landscape Area (%) Min. Front Setback (feet) Min. Side Setback (feet) Min. Rear Setback (feet) Max. Building Height (feet) n/a n/a 50 [5] 20 0 [1, 4] 7.5 [2] 10 [3] 80 21.52 1000 50 20 40 22.5/80 [7]10 104 [6] [1] Infill development shall match the smallest setback of existing, adjacent structures. [2] TC abutting a residential district shall match the side yard setback standards of that district. [3] When abutting a public street, alley or public right-of-way. The rear setback for TC abutting a residential district shall be 20 feet, regardless of the location of any street, alley or ROW. [4] Nonresidential development that incorporates public space such as a plaza or courtyard into the building design may increase the front setback by up to 20 feet to accommodate that area up to 40% of the front building line. [5] May be increased to 80% if employee housing mitigation is provided in accordance with Section 7.20.100. [6] Height requirements vary across east west façade to create a stepping of the roof forms. [7] West side setback is a minimum of 22’6”. East side setback is 80 feet. Development Plan Development is being proposed as a single phase project. Proposed Density: Condominium Break Down: 3, 2 and 1 Bed Units - Unit Total – 25 Hotel: 185 Units Site Unit Total: 210 Unit Total Density of 9.7 units per acres of total site or 21.52 total acres. 51 units per acre with Conservation Easement land removed. High Density Residential per Town Code Allows - 7.5 to 15 units per acres per future land use map. Town Center does not note density requirements. Building Square Footage: Main Structure 300,000 Sq.Ft. Maximum Setbacks: Refer to Development Plan for Building Envelops. Site walls, signs and amenities can be located outside of the Building Setback. Landscaping: Minimum of 28,000 Sq.Ft. Building Height: Condominium Height: Building Height 80’-0” and no more than 104’-0” 7 | Page Zone 1- 104 feet, Maximum of 21.5% of building length. Zone 2- 97 feet, Maximum of 22.5% of building length. Zone 3- 85 feet, Maximum of 15% of building length. Zone 4- 80 feet, Maximum but no more than 35% of building length. Zone 5- 68 Maximum feet for balance of building. Building length along the Street frontage will be limited to a maximum of 500’-0” in length along U.S. Highway 6. Site Coverage: Building coverage is 90,000 Sq.Ft. Maximum. (9.6% of entire Site.) (50% of Buildable Area.) Uses: Planned Unit Development Condominium Hotel and Restaurant. Limited Commerical Project Phasing The project is proposed as a single phase project. Access and Circulation Past History from Previous Submittal: We will revisit with each department to renew the conversations and confirm or revise the initial direction. On October 31, 2006, a meeting was held with the Colorado Dept of Transportation and Town of Avon to discuss Highway Dept Access Permit issues, prior to submitting an application for State Access Permit (meeting minutes are attached). The intent of the meeting was to gather information from CDOT and TOA for the design criteria. It was discussed (among other things) that a shared/joint access with the Accent was highly recommended, and that additional traffic studies should be completed. Six access scenarios/options were submitted for review. Upon completion of requested information and studies (per the October meeting), we met with CDOT again on November 29th. 3 new options were presented, and new traffic study results were reviewed, (including the Level of Service of each driveway option, queuing lengths, delays, and safety). The updated Traffic Study supports the access geometry and layout shown on this submittal, which is also supported by CDOT and TOA representatives. This access plan involves coordination and approvals from the Accent Owners. Details of the access design is somewhat dependent on the outcome of the meeting with the Gates (primarily involving whether the “frontage” road connection to the Gates has a gate (at the Gates’/Folson property line, or not), and whether the Folson Access (to US Highway 6) is a full movement or partially restricted left turn (either in or out). However, the location of the access to US Highway 6, and the internal driveway layout as shown on this submittal is not expected to change, and the requirements of CDOT, the TOA and Fire District can be accommodated by use of a gate operable only bu the Fire Department onto the Gates property or onto Highway 6 Once the meeting with the Gates has been held, we are ready to meet with CDOT and TOA again. We are happy to accommodate the TOA and CDOT in participating in a shared access agreement with the Gates on rational terms, but such is not necessary to the development of the Project. Meetings were held with Eagle River Fire Protection District regarding Fire Dept Access issues, in September and November of 2006, for which the recommendations have been incorporated in the plan. 8 | Page Employees Hotel/ Condominium Front Desk- 6 Concierge – 1 on staff Laundry - 3 Housekeeping - 10 Maintenance – 3 on staff per 2 shift, Amenity Staff – 2 maximum Shuttle Drivers - 3 Valet – 5 (See breakdown per phase below) Phase 1 only, peak period – 2 + Phase 2 only, peak period – 2 (This includes Valet for Restaurant) + Phase 3 only, peak period - 1 Restaurant Per shift 6 Servers 1 Busperson 1 Hostess 1 Manager 1 Bartender 6 Kitchen Staff – Total 16 Total Maximum Employees - 47 Parking Analysis Min. Width 9’-0” Min. Depth 18’-0” Min. 24’-0” wide aisle for 90 degree parking. MOST OF THE PARKING IS STRUCTURED PARKING, BELOW OR ABOVE GRADE, BUT WITHIN THE BUILDING FOOTPRINT. Hotel Units 185 Units .75 per units 139 Condo Units 25 Units 1 per unit 25 Restaurant 3,000 Sq.Ft. Seating/ 1 per 60 50 Guest Spots 10 Condo Total 224 We currently have 243 Parking Spaces provided. 171 Structured Spaces, 56 Surface. (We expect the bus route located in the front of the building and car pooling is expected so the employee parking spaces do not match maximum employee number. In addition, a Developer provided on site shuttle will be in used.) Other items to be provided is a bike storage area and a property supplied shuttle system. Shuttle Service The project will be served by a Fuel Efficient shuttle bus.  The shuttle will be available 24 hours.  Ski Season operation - 8:00am to 6:00pm shuttle will operate a route from the site to the Town of Avon Transportation Center and then to the (real) base of (Beaver Creek) and Vail Transportation Center.  Shuttle service will also be available to the Eagle and Denver Airport. 9 | Page Open Space Approximate developed area is 4.1 acres. The approximate remaining undeveloped area of 16.62 acres will remain as a Conservation Easement. Geological Study Original Soil studies determined the site consisted of a debris flow area. This determination meant the developer would need to address potential large debris activity in the design of the site. This was originally part of the 2008 submittal. In 2008 we were prepared to additional studies of the site with more extensive studies to confirm the debris flow. With the withdrawal of the application this never occurred. Colorado West Resorts per TAB Associates, Inc. suggestions obtained a permit to pursue the additional test. The test was conducted the week of August 21st and we do have preliminary results. The results were very positive and the Geotech Engineer has determined the site is Not at risk for debris flow. It will be reclassified as a Alluvial fan. We still need to address storm water and minor erosion but we do not need to provide large diversion ditches behind the building. September 19, 2017 Planning and Zoning Commission Meeting Avon Recreation Center 90 Lake Street Tract G Block 2 Benchmark at Beaver Creek Subdivision Staff Report – Sign Design September 19, 2017 Planning & Zoning Commission Meeting Project type: Sign Design Zoning: Public Facility Address: 90 Lake Street Location: Prepared By: Tract G Benchmark at Beaver Creek David McWilliams, Town Planer Staff Report Overview This staff report contains one application for consideration by the PZC: 1. SGN17009: Sign Design for a new “Avon Recreation Center” sign. This application seeks approval for one building identification sign, and the movement of the currently installed one to a new location. Summary of Request The Town is proposing to replace an existing building identification sign for the Recreation Center. The current sign is located above the main entrance. It does not conform to the new Avon brand guidelines. The old sign will be moved to a location on the back of the building to facilitate pedestrian wayfinding to this public space. T he new sign is 37.27 square feet. The old sign to remain is approximately 6 square feet. This total conforms to the allowable size given the property’s estimated lineal building frontage. AMC’s definition is: “Building front means the lineal distance along the exterior face of a structure housing an individual business or businesses that is adjacent to and most nearly parallel to a lot front. A building shall be considered to have as many building fronts as the property upon which it is situated has lot fronts.” Due to the unique characteristics of this building within the larger Tract G, staff considers the north frontage along Lake Street the primary building front at 158 feet. The new sign (Exhibit A) is of non-reflective, three dimensional individual metal letters, 2” thick, painted white, green, and blue. It will be illuminated from above with black fixtures facing the signage. It will be located approximately in the same location as the current sign, (Exhibit B) above the main Lake Street door. This sign location is primarily auto-oriented. Although the current sign does not conform to the brand guidelines, it will be relocated to “front” the pedestrian mall and improve wayfinding. While this is the back of the recreation center, the building has a prominent face on the mall. The location is appropriate given the use of the building and the pedestrian-oriented nature of the mall. It also helps to add interest to a large blank wall. Review Criteria The Planning and Zoning Commission shall consider the following items in reviewing proposed designs: September 19, 2017 Planning and Zoning Commission Meeting Avon Recreation Center 90 Lake Street Tract G Block 2 Benchmark at Beaver Creek Subdivision 1. The suitability of the improvement, including materials with which the sign is to be constructed and the site upon which it is to be located; 2. The nature of adjacent and neighboring improvements; 3. The quality of the materials to be utilized in any proposed improvement; 4. The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property; 5. The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be impaired; 6. Whether the type, height, size and/or quantity of signs generally complies with the sign code, and are appropriate for the project; 7. Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is appropriate for the determined orientation. Staff Response The sign meets the sign code requirements for high quality construction, and meets the size requirements for frontage. The materials and sign design meet the sign code and the design is appropriate when viewed in the context of an amenity rich “campus” with high walkability and the need for different types of wayfinding. Staff Recommendation for Case #SGN17009 Staff recommends approving Case #SGN17009 as it meets the requirements of the Sign Code. Finding: 1. The Application was reviewed in conformance with Section 15.28, Sign Code, and found to be in conformance with the design review criteria outlined in Section 15.28.070, Avon Municipal Code.” Recommended Motion: “I move to Approve Case #SGN17009, a Sign Design application for Tract G Benchmark at Beaver Creek, with the finding recommended by staff.” Attachments (A) Main Sign Design (Proposed) (B) Sign Relocation Pictures RECREATION CENTER Client: Town of Avon Rec Center Phone: 970.748.4057 Date: 7/27/17 File Name: Exterior Entry Sign Artwork By: Kyle 95” 56.5” 20” 95” x 56.5” overall dimensions, 20” letter height 2” thick HDU routed with roundover bevel, painted with Matthews Polyurethane Colors: White, PMS 383 C, PMS 3155 C, .5” thick Acrylic copy “RECREATION CENTER” painted MAP White Stud mounted to wall Client: Town of Avon Rec Center Phone: 970.748.4057 Date: 7/27/17 File Name: Exterior Entry Sign Artwork By: Kyle Exhibit B Current sign to be relocated. Proposed location of the relocated sign, as seen from the pedestrian mall. 1 September 5, 2017 Planning and Zoning Commission Meeting Minutes Planning & Zoning Commission Meeting Minutes for Tuesday, September 05, 2017 I. Call to Order The meeting was called to order at 5:05pm by Chairperson Hardy II. Roll Call Present: Golembiewski, Hardy, Minervini, Howell, and Nusbaum. Absent: Glaner and Barnes. III. Additions & Amendments to the Agenda There were no changes to the agenda. IV. Conflicts of Interest No conflicts were disclosed. V. Sign Program Amendment – 150 East Beaver Creek Boulevard – LAST HEARD JUNE 20, 2017 File: SGN17004 Legal Description: Lot 24, Block 2, Benchmark at Beaver Creek Applicant: Chad Wilkison Summary: Proposal for an updated Sign Program to allow more flexibility in design at the Avon Plaza. Action: Commissioner Minervini made a motion to approve the Master Sign Program amendment with the following findings: 1. The Application was reviewed in conformance with Section 15.28, Sign Code, and found to be in conformance with the design review criteria outlined in Section 15.28.070, Avon Municipal Code. 2. The Sign Program Amendment provides alternatives for signage so as not to be so restrictive as to eliminate individuality (Section 15.28.080(6)). Commissioner Howell seconded the motion and it passed unanimously. VI. Comprehensive Plan for Town Properties & Multi-modal Transportation & Parking Plan – CONTINUED PUBLIC HEARING Files: CPA17001 & CPA17002 Legal Description: N/A Applicant: Town of Avon Summary: For review and consideration are two master planning documents: 1) Town of Avon Properties Development Strategies - dated July 26, 2017, and 2) Avon Multimodal Transportation and Parking Plan - dated July 6, 2017. Comments will be taken on the entire plan; however PZC will be focusing on: Wildridge Fire Station; Wildwood properties; Swift Gulch site; Village at Avon park site; Village at Avon school site; and the Public Works site. Public Comments: Tambi Katieb provided comments. 2 September 5, 2017 Planning and Zoning Commission Meeting Minutes Action: Commissioner Howell made a motion to continue to the September 19th meeting. Commissioner Nusbaum seconded the motion and all were in favor. The motion passed unanimously. VII. Code Text Amendment – Family Definition – PUBLIC HEARING File: CTA17002 Legal Description: N/A Applicant: Jeremy and Kerri Thelen Summary: Proposal to modify the definition of “Family” in the Development Code to permit household arrangements that include ‘not more than one additional person’ to households. Public Comments: Derek George made comments on the application. Action: Commissioner Minervini made a motion to recommend approval of the application with modifications to the text adding “including the domestic employees thereof” to section (a) and (b)(2); and the following findings: 1. The text amendments were reviewed with the criteria listed in Section 7.16.04o(c), Review Criteria, and are found to be in substantial compliance as outlined in the staff report for the September 5, 2017 public hearing. 2. The code text amendments promote the health, safety, and general welfare of the Avon Community. 3. The text amendment promotes and implements the goals and policies of the Avon Comprehensive Plan; 4. The text amendment promotes and implements the purposes stated in this Development Code; and 5. The text amendment is necessary and desirable to respond to changed conditions and new planning concepts related to family dynamics and flexible occupancy. 6. This amendment would permit live-in care for children, the elderly, and those with medical condition in- home caregivers. Commissioner Nusbaum seconded the motion and the motion passed unanimously. VIII. Alternative Equivalent Compliance - – PUBLIC HEARING File: AEC17005 Legal Description: Lot 83 Block 1 Wildridge Applicant: Simone Horness Summary: Application to approve the fence as installed with mesh wiring at 2458 Draw Spur. Public Comments: There were no public comments. Action: Commissioner Nusbaum made a motion to approve the application with the following findings: 1. The proposed application was reviewed pursuant to §7.16.120, Alternative Equivalent Compliance, and §7.16.080(f), Development Plan. 2. The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; 3. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; 4. The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and 5. The proposed alternative does not impose greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Code. Commissioner Howell seconded the motion and the motion passed with a 3-2 vote. 3 September 5, 2017 Planning and Zoning Commission Meeting Minutes IX. Approval of Meeting Minutes  August 15, 2017 Meeting Action: Commissioner Nusbaum made a motion to approve. Commissioner Howell seconded and all were in favor and the motion passed unanimously. X. Approval of Record of Decision  AEC17004 Action: Commissioner Minervini made a motion to approve. Commissioner Golembiewski seconded and all were in favor and the motion passed unanimously. XI. Staff Approvals and Updates  Short Term Rentals  MNR17036 Tree Removal at 2003, 2011, 2013 Beaver Creek Point  MNR17037 Ladder addition at Westin Riverfront  MNR 17039 Addition at 5780 Wildridge Road East  MNR17040 Landscape Modifications at 4290 Wildridge Road  MNR17041 Portico addition at the Sheridan  SGN 17008 Vail Valley Medical Center Sign at Chapel Square XII. Adjourn The meeting was adjourned at 8:33pm. Approved this 19th Day of September, 2017 SIGNED: ___________________________________________ Lindsay Hardy, Chairperson PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECCOMENDATION TO TOWN COUNCIL DATE OF DECISION: September 5, 2017 TYPE OF APPLICATION: Code Text Amendment PROPERTY LOCATION: Town Of Avon FILE NUMBER: #CTA17003 APPLICANT: Town of Avon These recommendations are made in accordance with the Avon Development Code (“Development Code”) §7.16.040(c): DECISION: Recommendation to approve the Title 7: Development Code Text Amendments. The motion passed unanimously, citing the following findings: 1. The text amendments were reviewed with the criteria listed in Section 7.16.04o(c), Review Criteria, and are found to be in substantial compliance as outlined in the staff report for the August 15, 2017 public hearing. 2. The code text amendments promote the health, safety, and general welfare of the Avon Community. 3. The text amendment promotes and implements the goals and policies of the Avon Comprehensive Plan; 4. The text amendment promotes and implements the purposes stated in this Development Code; and 5. The text amendment is necessary and desirable to respond to changed conditions and new planning concepts related to family dynamics and flexible occupancy. 6. This amendment would permit live-in care for children, the elderly, and those with medical condition in-home caregivers. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ PZC Chairperson PZC Recommendations: #CTA17003 Page 1 of 1 PLANNING AND ZONING COMMISSION RECORD OF DECISION DATE OF DECISION: September 5, 2017 FINDINGS APPROVED: September 19, 2017 TYPE OF APPLICATION: Alternative Equivalent Compliance PROPERTY LOCATION: Lot 83 Block 1Benchmark at Beaver Creek FILE NUMBER: #AEC17005 APPLICANT: Simone Horness This decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.080: DECISION: Approved with the following findings and conditions: Findings: 1. The proposed application was reviewed pursuant to §7.16.120, Alternative Equivalent Compliance, and §7.16.080(f), Development Plan. 2. The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; 3. 3. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; 4. 4. The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and 5. 5. The proposed alternative does not impose greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Code. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ PZC Chairperson PZC Record of Decision: #AEC17005 Page 1 of 1