02-27-2018 Findings of Fact #REZ18001 Colordo World ResortsAVON TOWN COUNCIL
FINDINGS OF FACT AND RECORD OF DECISION
REZONING FROM PUD TO MIXED- USE COMMERCIAL ZONE DISTRICT, AND
THE OPEN SPACE, LANDSCAPING, AND DRAINAGE ZONE DISTRICT
DATE OF PUBLIC HEARING: February 13, 2018
DATE OF FINAL DECISION: February 27, 2018
APPLICATION TYPE: Rezoning
FILE NUMBER: #REZ18001
PROPERTY LOCATION: Colorado World Resorts I Highway 6
APPLICANT -
PROPERTY 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')
application ("Application") is made in accordance with the Avon Development Code
("Development Code") §7.16.020(f):
REZONING DECISION: 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 report
prior to taking action on the Application.
3. The Application fails to meet the Rezoning Review Criteria in Development Code
§7.16.050(c); specifically:
a. Mixed -Use Commercial zoning for the Property is not compatible with the Mixed -Use
District Purpose, (2) which states a purpose is to, "Concentrate higher -intensity
commercial and office employment growth efficiently in and around the Town Center
and other centers of community activity;" and therefore, is not in substantial compliance
with the purpose of the Development Code and fails to meet the review criteria in
Colorado World Resorts, LLC Rezoning from PUD to MC & OLD Zone Districts
Findings of Fact and Record of Decision: #REZ18001
§7.16.050(c)(1) and (7).
b. The proposed Mixed -Use Commercial zone district is not consistent with the Avon
Comprehensive Plan, Future Land Use Plan, which designates the lower portion of the
Property abutting Highway 6 as Residential - High Density, and is not consistent with
Policy B.2.1. "Attempt to meet the use and density guidelines on the Future Land Use
Map"; and therefore, fails to meet the review criteria in §7.16.050(c)(2).
C. The Application failed to provide sufficient information to determine if the rezoning is
not likely to result in adverse impacts upon the natural environment ... [including]
wildlife ... or [that] such impacts will be substantially mitigated" and therefore, fails to
meet the review criteria in §7.16.050(c)(8).
d. The proposed Mixed -Commercial zone district would generate increased employee
travel to and from the Property and the location of the Property is physically separated
from the Town Center; and therefore, the Application fails to meet the review criteria in
§7.16.050(c)(3), "Physical suitability of the land for the proposed development or
subdivision;".
APPROVED on February 27, 2018, by the AVON TOWN COUNCIL
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By: Attest:
Yenie Faucher, Mayor Debbie Hoppe, Towii CiRri:3 E A L
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Colorado World Resorts, LLC Rezoning from PUD to MC & OLD Zone Districts
Findings of Fact and Record of Decision: #REZ18001