02-27-2018 Findings of Fact #PUD18001 Colorado World ResortsAVON TOWN COUNCIL
FINDINGS OF FACT AND RECORD OF DECISION
REZONING WITH PRELIMINARY PUD OVERLAY ZONE DISTRICT
DATE OF PUBLIC HEARING: February 13, 2018
DATE OF DECISION: February 27, 2018
APPLICATION TYPE: Preliminary PUD Overlay
FILE NUMBER: #PUD18001
PROPERTY LOCATION: Colorado World Resorts ( Highway 6
APPLICANT-
PROPERY OWNER: Colorado World Resorts, LLC (represented by TAB
Associates, Inc.)
These findings of fact and record of decision for the Colorado World Resorts, LLC
("Applicant") Preliminary Planned Unit Development application ("Application") is made in
accordance with the Avon Development Code ("Development Code") §7.16.020(o.
PRELIMINARY PUD: The Avon Town Council hereby denies the Application for the Colorado
World Resorts Property ("Property") based upon the following findings:
FINDINGS:
1. The Planning and Zoning Commission ("PZC") held a public hearing on February 6, 2018,
after posting notice of such public hearing in accordance with the requirements of
§7.16.020(d), Step 4: Notice.
2. The Avon Town Council held a public hearing on February 13, 2018, and after posting
notice as required by law, considered all comments, testimony, evidence and P Z C staff
reports prior to taking action.
3. The Application provides sufficient information to determine that it fails to comply with Avon
Development Code §7.16.060(b) Eligibility Criteria, and (e)(4), Review Criteria; specifically:
a. The Application is not consistent with the Avon Comprehensive Plan, in particular:
i. The Applicant has not provided sufficient information to demonstrate that the
proposed development is consistent with Avon Comprehensive Plan, District 4:
U.S. Highway 6, Gateway Corridor, 1St Planning Principal, "Works with CDOT
to enhance the U.S. Highway 6 right-of-way to provide a sense of arrival and
departure for those traveling to and from Avon, and to strengthen Avon's
overall community image and identity." and Yd Planning Principle, "Creates
strong pedestrian connections to the Riverfront and Town Center Districts."
ii. The Application is not consistent with the Built Form Diagram which depicts
taller buildings in the Town Center West area and less tall buildings in other
areas, as stated in Policy A.1.4. "Encourage development that is consistent with
Colorado World Resorts, LLC Preliminary PUD Overlay
Findings of Fact and Record of Decision: #PUD18001
the overall Built Form according to the Built Form Diagram".
iii. The Application is not consistent with Policy B.1.2. "Focus lodging and guest
accommodation in the Town Center."
b. The proposed public trail and open space does not provide a compensating community
benefit to offset the increased building height impacts of the development, and therefore,
does not meet the PUD purpose stated in §7.16.060(a)(9) and does not meet eligibility
criteria in §7.16.060(b)(3) Consistent with PUD Intent. "The proposed development
shall be consistent with the intent and spirit of the PUD purpose statement in Subsection
7.16.060(a)."
C. The Application fails to provide adequate compensating benefits in the form of
improved connectivity and pedestrian access across Highway 6; and therefore, does not
meet the PUD purpose stated in §7.16.060(a)(9) and does not meet eligibility criteria in
§7.16.060(b)(3) Consistent with PUD Intent. "The proposed development shall be
consistent with the intent and spirit of the PUD purpose statement in Subsection
7.16.060(a)."
d. The Application fails to provide adequate compensating benefits in the form of
employee housing; and therefore, does not meet the PUD purpose stated in
§7.16.060(a)(9) and does not meet eligibility criteria in §7.16.060(b)(3) Consistent with
PUD Intent. "The proposed development shall be consistent with the intent and spirit
of the PUD purpose statement in Subsection 7.16.060(a)."
e. The Application did not include sufficient information to find that adequate roads
(specifically CDOT highway access permit approval), transportation and water
(specifically water rights and water service) will be available to serve the subject
property; and therefore, the Application not meet review criteria in §7.16.060(4)(iv).
L The Application did not include sufficient information to find that the PUD rezoning is
"... not likely to result in significant adverse impacts upon the natural enviromnent,
including ... wildlife ..." and therefore, the Application does not meet review criteria
in §7.16.060(4)(v).
g. The concurrent application for rezoning the Property to Mixed -Commercial was denied;
therefore, the PUD application fails to have underlying zoning and does not meet the
minimum standards set forth in §7.16.060(c)(1) and (2) and does not meet the review
criteria in §7.16.060(e)(4)(v) and (vi) which require comparison to the underlying
zoning.
h. The proposed Application includes developing a portion of the Property on steep slopes
in excess of 40%, which does not meet the Development Standard set forth in
§7.28.100(3)(i), and the overall Application does not meet the purpose Planned Unit
Development, specifically, §17.16.060(a)(8) concerning improvements to the design,
quality and character of the development, and (9) because the Application does not
provide adequate compensating benefits in recognition of the increased visual impacts
of the development and in recognition of the design flexibility.
Colorado World Resorts, LLC Preliminary PUD Overlay
Findings of Fact and Record of Decision: #PUD 18001
APPROVED on February 27, 2018, by the AVON TOWN COUNCIL
By: Attest:
J6nie Faucher, Mayor Debbie Hoppe, T
Colorado World Resorts, LLC Preliminary PUD Overlay
Findings of Fact and Record of Decision: #PUD18001