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COWR Condo MJR18006 AEC18008A PLANNING AND ZONING COMMISSION Avon FINDINGS OF FACT AND RECORD OF DECISION OOLORAOO DATE OF DECISION: September 18, 2018 TYPE OF APPLICATION: Major Development Plan & Alternative Equivalent Compliance PROPERTY LOCATION: Section 12, Township 5, Range 82 PCLIN, NW 1/4 of SE 1/4 aka Folson Property FILE NUMBER: MJR18006 and AEC18008 APPLICANT: Colorado World Resorts, LLC CASE #AEC18008 This Record of Decision is made in accordance with the Avon Development Code ("Development Code") §7.16.120(b): DECISION: Approval of the application with the following findings and conditions: FINDINGS: 1. The application was reviewed pursuant §7.16.120 Alternative Equivalent Compliance, and the application is complete with sufficient information to allow PZC to determine that it complies with the relevant review criteria; 2. The AEC achieves the intent of the site design standard to the same or better degree than the subject standard because the building is design to maximize solar access and stepping the foundation would negatively impact this standard; 3. The AEC achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the site design standards; 4. The AEC results in benefits to the community that are equivalent to compliance with the site design standards in the Development Code; and S. The foundation design provides less impact on adjacent properties than would occur through compliance with the foundation stepping requirements in the Development Code due to the steepness of the property and increase of building height and mass that would accompany a stepped design. CASE #MJR18004 This Record of Decision is made in accordance with the Avon Development Code ("Development Code") §7.16.080(c): FINDINGS: 1. The application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(0, Design Review. The design meets the development and design standards established in the Avon Development Code; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. There is no extra demand for public services or infrastructure exceeding current capacity by the application; and 6. The design relates the development to the character of the surrounding community. PZC Record of Decision: # MJR18006 and AEC18008 Pagel of 2 CONDITIONS: 1. The Landscape Plan and Irrigation Plan will be modified to reduce the permanent maximum irrigated area and an AEC will be applied from the with the 5,000 square foot maximum irrigated area requirement. 2. A water service agreement with Upper Eagle River Water Authority, and payment of cash - in -lieu for water rights, must be obtained prior to a building permit. Additionally, comments from the 3. Eagle River Water and Sanitation District's referral comment letter will be addressed with construction documents and a recorded easement as specified within. 4. Prior to a building permit, a Development Agreement will be executed between the owner and the Town of Avon to address the following: • Water Budget • Off-site public improvements • Maintenance of Drainage Infrastructure 5. Colors and materials are not approved. An on-site mockup will be reviewed and approved by the Planning and Zoning Commission. The scale and design of the mockup shall be pre - approved by the Planning Director before construction. 6. An ILC is required and foundation and framing to ensure compliance with maximum building height. 7. Limits of construction fencing, and tree protection, will be installed prior to site disturbance activities. 8. Detail regarding the western retaining wall and its interaction with the neighboring property shall be provided and approved. 9. A roof step on the eastern portion of the building will be no less than four (4) feet from the furthest east roof elevation to the first step traveling west. THESE FI DIN F RECORD OF DECISION ARE HEREBY APPROVED: BY: DATE: Lo • l I0 • it PZC . pe PZC Record of Decision: # MJR18006 and AEC18008 Page 2 of 2