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Frontgate MJR21007PZC Record of Decision: MJR21007 Page 1 of 2 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF RECOMMENDATION DATE OF PUBLIC HEARING: September 7, 2021 TYPE OF APPLICATION: Major Development Plan PROPERTY LOCATION: 38460 Highway 6 FILE NUMBER: MJR21007 APPLICANT: Peak 8 Properties, LLC This Record of Decision is made in accordance with the Avon Development Code §7.16.080(c): DECISION: Approved FINDINGS: 1. The Application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), 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. The demand for public services or infrastructure exceeding current capacity is mitigated by the Application; and 6. The design relates the development to the character of the surrounding community. CONDITIONS: 1. An on-site mockup will be reviewed and approved by PZC before completion of framing. The scale and design of the mockup shall be pre-approved by the Planning Director before framing; 2. An ILC is required and foundation and framing to ensure compliance with maximum building height; 3. Development Agreement Amendments must be approved by Town Council prior to any construction permits; 4. Lighting changes are required for compliance with Dark Sky standards, including: a) AL1 spot fixtures and SU1 in-ground luminaires must be aimed at landscaping and building forms and not project above or away from the property, and b) SB2 bollards must utilize forward throw instead of symmetrical 360 degrees along townhome elevated driveway area; 5. Employee Housing Mitigation Plan and Deed Restriction (rental or for sale, or both) must be approved by Town Council prior to any construction permits; 6. Development approval is valid for two (2) years per Development Code. If any phase does not commence within two (2) years, an extension to development plan approval must be granted unless otherwise addressed in the Development Agreement; PZC Record of Decision: MJR21007 Page 2 of 2 7.The Application requires dedication of a public access easement for the portion of the pedestrian path adjacent to Highway 6 that is on the Applicant’s property; and 8.The sidewalk shall be extended to the far eastern side of the property. 9.Landscape Plan for Phase 1A will be approved by staff. 10.Functional, private, outdoor space for the two (2) employee housing units will be incorporated patio and/or deck space. 11.Space between eastern emergency access and bus stop be revised to ensure bus access to stop and pedestrian access into shelter, meeting ADA requirements. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: DATE: ___________________ 10/5/2021BY:______________________________________ PZC Chairperson