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PZC Packet 0320181 Agenda posted on Friday, March 16, 2018 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. Planning & Zoning Commission Meeting Agenda Tuesday, March 20, 2018 If you require special accommodation please contact us in advance and we will assist you. You may call David McWilliams at 970- 748-4023 or email cmcwilliams@avon.org for special requests. I. Call to Order – 5:00pm II. Roll Call III. Additions & Amendments to the Agenda IV. Conflicts of Interest V. Temporary Use Application - Temporary Vehicle Display – PUBLIC HEARING File: TMP17002 Legal Description: Lot 2 Riverfront Subdivision Applicant: Sacha Kostick Summary: Proposal to park a display vehicle on plaza at the Westin Hotel for up to three (3) years. VI. Action on Records of Decision • Village at Avon PUD Amendment - PUD17001 VII. Action on Meeting Minutes • March 6, 2018 Meeting VIII. Staff Updates IX. Adjourn March 20, 2018 PZC Meeting – Vehicle Display Temporary Use Permit 1 Staff Report – Temporary Use Permit March 20, 2018 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 Sacha Kostick with the Vail Valley Foundation (the Applicant), 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 three (3) 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 Notice and Hearing In compliance with the noticing requirements in §7.16.020(d), a notice was sent to property owners within 300 feet at least 11 days before the public hearing. The March 20, 2018 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 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 application process in 2015, staff worked 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.” March 20, 2018 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. Furthermore, the vehicle display adds a certain level of resort-type feel to this area of town. The Application is found by staff to be generally compliant with the Temporary Use Permit Review Criteria, below. 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 cause noise, vibration or congestion to adjacent properties. 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 Vail Valley Foundation. The display will be maintained in a safe and orderly manner. March 20, 2018 PZC Meeting – Vehicle Display Temporary Use Permit 3 (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 relocated and practical to move if necessary. (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 vehicle currently includes a small sign noting the vehicle make and model that staff finds complimentary to the vehicle display. Staff’s suggested approval includes a recommended condition limiting the size of the sign to the one present. (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 and will not disturb sensitive or protected resources or require any landscape rehabilitation. March 20, 2018 PZC Meeting – Vehicle Display Temporary Use Permit 4 (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 display. (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 does not present any safety 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: 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 vicinity 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. The site itself is conducive to outdoor display, and the display adds an air of occupancy to an otherwise large open area. March 20, 2018 PZC Meeting – Vehicle Display Temporary Use Permit 5 Staff Recommendation Staff recommends approval of the requested Temporary Use Permit for three years with the following findings and conditions: 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. 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 vehicle display should any vehicle fluids stain, discolor or otherwise damage the surface. 2. The sign present on the current display shall be the largest sign permitted without triggering a review of the site’s sign program. Recommended Motion “I move to approve Case #TMP17002, an application for a Temporary Use Permit for Vehicle Display on Lot 2 Riverfront Subdivision, together with the findings and conditions as recommended by staff.” Attachments A: Narrative of the Proposal B: Display Site Plan Attachment A March 7, 2018 Re: GMC vehicle display, Westin Riverfront Hotel & Spa, Avon, CO Dear Sir or Madam, This letter is to provide a written statement regarding the display vehicle currently located on the “Gondola Yard Plaza” at the Westin Riverfront Hotel & Spa, Avon, CO. Previous application to the Town of Avon on April 7, 2015, permitted this vehicle display at the time for a 3 year period. As the expiration of this permit approaches, I, on behalf of the Vail Valley Foundation, Avon, CO, have applied for renewed permit. The Vail Valley Foundation is a local non-profit organization established over 25 years ago that seeks to enhance and sustain the quality of life in the Vail Valley by providing leadership in the arts, athletics and education. On the events side (both Athletics and Culture) local projects of the Vail Valley Foundation include the Birds of Prey World Cup, the Vail Dance Festival, the GoPro Mountain Games and the Hot Summer Nights and ShowDown Town free music series. To produce such events, we partner on funding with both local municipalities and corporate sponsors. Previously, the Vail Valley Foundation had a long standing marketing partnership with Volvo, whom for almost a decade, was our Official Vehicle Partner. Volvo had branding across many of our projects and display vehicles within town limits in Vail as well as the Westin “Gondola Yard Plaza”. In 2017, as a company, Volvo’s objectives in the auto industry shifted along with their partnership with us. We did establish a new auto sponsor last fall with General Motors Corp. specific to the GMC brand whose vehicle current occupies the display location at the Westin Riverfront. Under the umbrella of their partnership with the Vail Valley Foundation, GMC has aligned with the Westin Riverfront in Avon, the Sonnenalp Hotel in Vail and the Park Hyatt Beaver Creek, all of whom have donated courtesy GMC vehicles as part of their property guest amenities. As such, each of those properties aligns with GMC as their Official Vehicle. The display vehicle ‘activation’ has been welcomed by the Westin Riverfront as a public enhancement to the pedestrian corridor enveloping the property, the Beaver Creek Resort gondola, the Maya Restaurant, Westin meeting space and businesses facing the plaza. The Westin has approved this location in perpetuity provided the auto partner adheres to set vehicle dimensions and display design. On behalf of GMC, the Vail Valley Foundation interfaces with the Westin to ensure both their and the Town’s requirements are met and the vehicle is regularly washed and aesthetically presented. Approved by current general manager Kristen Pryor, the vehicle is positioned on a north-south axis between concrete planters and thus does not impede pedestrian flow. We thank you for your time and appreciate your consideration in this matter. Best regards, Sacha H. Kostick Sponsorship Account Manager Vail Valley Foundation 90 Benchmark Rd., Ste. 300 Avon, CO 81620 Attachment B 1 Planning & Zoning Commission Meeting Minutes Tuesday, March 6, 2018 I. Call to Order – The meeting was called to order at 5:00pm. II. Roll Call – All Commissioners were present. III. Additions & Amendments to the Agenda – There were no additions to the agenda. IV. Conflicts of Interest – No conflicts of interest were disclosed. V. Preliminary PUD (Major Amendment) Village at Avon PUD – CONTINUED PUBLIC HEARING File: PUD17001 Legal Description: Lot 1, Filing 1, Village at Avon Applicants: Harvey Robertson, Dominic Mauriello, Michael Lindholm Summary: Amendment to Planning Area F, a 13-acre property located at the intersection of Post Blvd and East Beaver Creek Boulevard, including: 1) increase density allowance from 18 dwelling unit/ acre to 25 dwelling units per acre; 2) increase maximum allowable residential development from 50% to 100; and 3) increase allowable building height from 48’ to 66’ for multi-family buildings. Public Comment: Ryan Geller spoke in favor of the application. Action: Commissioner Nusbaum motioned to recommend that Town Council approve the application with the following findings and conditions: Findings: 1. The Application, with additional information provided at Final PUD, provides sufficient information to determine that the development application complies with the relevant review criteria. 2. The Application demonstrates compliance with the goals and policies of the Avon Comprehensive Plan. 3. The Application is in conformance with Avon Development Code Section 7.16.060(e)(4), Review Criteria, as outlined in staff’s report and the applicant’s written response to the Review Criteria. 4. Compared to the underlying zoning of PA-F, the PUD amendment is not likely to result in significant adverse impacts upon other property in the vicinity. 5. Future uses on PA-F will be compatible in scale with potential future uses on other properties in the vicinity. 6. Increased residential density on the subject property, along with reduced commercial land use, will result in increased pedestrian demand and usage in the area; wider sidewalks and pedestrian friendly improvements connecting the property to other parts of Town will accommodate the demand shift. 7. A continuous streetscape and multi-modal transportation network, compatible with other adjacent and planned east-west thoroughfares (i.e. West Beaver Creek Boulevard, and Urban Local Road – Main Street (central segment) is warranted for the PA-F frontage with an appropriately sized right-of-way to facilitate shifting trends in mobility. Conditions: 2 1. Amend the Village (at Avon) PUD Guide as follows: B. TOTAL PERMITTED DENSITY, 6. shall be amended to strike Planning Area F from the third line and add a fourth line which reads, “Planning Area F, Residential Min%: 0%, Residential Max%: 90% Commercial Min%: 10% Commercial Max%: 30%.” Fifth line and note added that states Minimum Commercial Gross Square Footage shall be a Minimum of 10% of the total Gross Square Footage of Planning Area F. 2. Amend the Village (at Avon) PUD Guide, Appendix F, Illustrations 7 and 8, to revise the Urban Local Road, Main Street (eastern segment) to be commensurate with Town of Avon Road Standards and depict an appropriate right-of-way with 6' wide minimum sidewalks on each side of the road, bicycle lanes, landscape buffers, and potential for on-street parking and/or vehicle turn lanes and bus pull offs. Commissioner Glaner Seconded the motion and it carried unanimously 6-0. VI. Action on Records of Decision • Colorado World Resorts | Rezoning and Preliminary PUD – Action February 6, 2018 Action: Commissioner Nusbaum motioned to approve the record of decision. Commissioner Glaner seconded the motion and it carried 5-0 with commissioner Hardy abstaining. • Town of Avon Town-Owned Properties Plan | Comprehensive Plan – Action February 20, 2018 Action: Commissioner Nusbaum motioned to approve the record of decision. Commissioner Glaner seconded the motion and it carried 5-0 with commissioner Barnes abstaining. VII. Action on Meeting Minutes • February 20, 2018 Meeting Action: Commissioner Nusbaum motioned to approve the record of decision. Commissioner Glaner seconded the motion and it carried 5-0 with commissioner Barnes abstaining. VIII. Staff Updates Action: Staff mentioned the outcome of the Colorado World Resorts work session with Town Council. Staff invited PZC members to participate in the March 7 Housing work session with Town Council. IX. Adjourn – The meeting was adjourned at 7:05 pm. Approved this 20th Day of March 2018 SIGNED: ___________________________________________ Lindsay Hardy, Chairperson PZC Recommendations: #PUD17001 Page 1 of 2 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECCOMENDATION TO TOWN COUNCIL DATE OF DECISION: March 6, 2018 TYPE OF APPLICATION: PUD Amendment PROPERTY LOCATION: Lot 1, Filing 1, Village at Avon FILE NUMBER: #PUD17001 APPLICANT: Town of Avon These recommendations are made in accordance with the Avon Development Code (“Development Code”) §7.16.060(e)(4): DECISION: Recommendation to approve the PUD Amendment, with the following Findings and Conditions: FINDINGS: 1. The Application, with additional information provided at Final PUD, provides sufficient information to determine that the development application complies with the relevant review criteria. 2. The Application demonstrates compliance with the goals and policies of the Avon Comprehensive Plan. 3. The Application is in conformance with Avon Development Code Section 7.16.060(e)(4), Review Criteria, as outlined in staff’s report and the applicant’s written response to the Review Criteria. 4. Compared to the underlying zoning of PA-F, the PUD amendment is not likely to result in significant adverse impacts upon other property in the vicinity. 5. Future uses on PA-F will be compatible in scale with potential future uses on other properties in the vicinity. 6. Increased residential density on the subject property, along with reduced commercial land use, will result in increased pedestrian demand and usage in the area; wider sidewalks and pedestrian friendly improvements connecting the property to other parts of Town will accommodate the demand shift. 7. A continuous streetscape and multi-modal transportation network, compatible with other adjacent and planned east-west thoroughfares (i.e. West Beaver Creek Boulevard, and Urban Local Road – Main Street (central segment) is warranted for the PA-F frontage with an appropriately sized right-of-way to facilitate shifting trends in mobility. CONDITIONS: 1. Amend the Village (at Avon) PUD Guide as follows: B. TOTAL PERMITTED DENSITY, 6. shall be amended to strike Planning Area F from the third line and add a fourth line which reads, “Planning Area F, Residential Min%: 0%, Residential Max%: 90% Commercial Min%: 10% Commercial Max%: 30%.” Fifth line and note added that states Minimum Commercial Gross Square Footage shall be a Minimum of 10% of the total Gross Square Footage of Planning Area F. PZC Recommendations: #PUD17001 Page 2 of 2 2. Amend the Village (at Avon) PUD Guide, Appendix F, Illustrations 7 and 8, to revise the Urban Local Road, Main Street (eastern segment) to be commensurate with Town of Avon Road Standards and depict an appropriate right-of-way with 6' wide minimum sidewalks on each side of the road, bicycle lanes, landscape buffers, and potential for on-street parking and/or vehicle turn lanes and bus pull offs. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ PZC Chairperson