PZC Finding of Fact and Record of Decision 06-20-2012
FINDINGS OF FACT AND RECOMMENDATIONS
BROOKSIDE PARK PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT
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AVON PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECOMMENDATIONS
CONCERNING THE PRELIMINARY PLANNED UNIT DEVELOPMENT
AMENDMENT APPLICATION FOR BROOKSIDE PARK PUD
The following findings of fact and recommendations are made in accordance with Avon
Municipal Code Section 7.16.060(e)(3):
1. Application Submitted. A preliminary PUD Application (the “Application”), consisting
of an Amended Planned Unit Development Guide for Brookside Park (“Amended PUD
Guide”), was submitted to the Community Development Department of the Town of
Avon (the “Town”) on June 20, 2012 by Rick Pylman of Pylman & Associates,
representing the owners of the Brookside Center building (the “Applicant”).
2. Determination of Completeness. Pursuant to Avon Municipal Code (“AMC”)
§7.16.020(c)(1), a determination of completeness was submitted to the Applicant by
phone from Jared Barnes of the Community Development Department on June 29, 2012,
within ten (10) days of the application submittal.
3. Referral to other Agencies. The Amended PUD Guide was referred electronically via
the Town’s website, www.avon.org/referral, to other agencies for review and comment
on July 17, 2012 pursuant to AMC §7.16.020(c)(2). The following agency was notified
for referral: Town of Avon Engineering Department.
4. Notice of Public Hearing. On July 27, 2012, pursuant to §7.16.020(d), a notice of
public hearing was published in The Vail Daily for the August 7, 2012 Planning &
Zoning Commission meeting to review the Brookside Park Preliminary Planned Unit
Development application. In addition a mailed notice was sent to all property owners
within 300 feet of the property boundaries.
5. Staff Report to PZC. Jared Barnes submitted a Staff report to the PZC dated August 3,
2012.
6. Preliminary Public Hearing before the Planning and Zoning Commission. On
August 7, 2012 the PZC held a public hearing on the Application.
7. Continued Preliminary Public Hearing before the Planning and Zoning
Commission. On August 21, 2012 the PZC held a continued public hearing on the
Application. The PZC took action to provide the following recommendation, findings,
and conditions to the Town Council:
RECOMMENDATIONS:
The PZC recommends that Town Council APPROVE the Brookside Park Preliminary Planned
Unit Development Amendment based on the following specffic findings and with the conditions
set forth below:
Specific Findings:
(1) The PUD is established and the previously provided public benefits satisfy the
requirement for public benefits as outlined in §7 .16.060(b )(5);
(2) The reduction in surface parking and addition of a pocket park and/or landscaping
is a public benefit for the residents of the Brookside Park PUD; and,
(3) The PUD amendment meets the review criteria for a Preliminary PUD as outlined
in §7.16.060(e)(4).
(4) PZC found a public benefit with lessened impact (i.e. traffic) on the community
than the existing commercial land use.
Conditions:
(a) The proposed PUD Guide be amended to limit the number of residential units
allowed to sixteen (16) only in the instance the second story converts to
residential uses, while the first floor remains commercial.
(b) The proposed PUD Guide section H be amended to clarify the requested
maximum density of seventy-eight (78) dwelling units.
THESE FINDINGS
APPROVED:
OF FACT AND RECOMMENDATIONS ARE HEREBY
BY: CO ·A-
Chris Green,
DATE: 'f,. t1,. •\1..
Planning and Zoning Commission Chairperson
FINDINGS OF FACT AND RECOMMENDATIONS
BROOKSIDE PARK PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT
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FINDINGS OF FACT AND RECOMMENDATIONS
TRAER CREEK LLC VAA FINAL PLANNED UNIT DEVELOPMENT AMENDMENT
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AVON PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECOMMENDATIONS
CONCERNING THE
FINAL PLANNED UNIT DEVELOPMENT AMENDMENT APPLICATION
FOR THE VILLAGE (AT AVON)
The following findings of fact and recommendations are made in accordance with Avon
Municipal Code Section 7.16.060(e)(3):
1. Preliminary PUD Approval. A Preliminary PUD Application was approved by the
Town Council on July 10, 2012. In accordance with AMC Section 7.16.060(e)(3) the
approval of the Preliminary PUD granted the applicant the right to submit a final PUD
development plan. All information submitted to the Town by the applicant, all comments
from referral agencies, all staff reports and all public comments submitted to the Town
which were part of the record for the Preliminary PUD Approval are hereby included and
are part of the record for Final PUD Approval.
2. Town Staff Comments. Town Staff provided the Applicant with comments on July 17,
2012. A letter from Eric Heil, Town Attorney, provided additional follow-up comments
on Version 10 of the Amended PUD Guide. Included in Staff’s comments was a redline-
strikethrough of the Amended PUD Guide with comprehensive language revisions and
footnoted comments. Additional comments on the Street Standards and Final Plat were
provided on July 20, 2012 by Justin Hildreth, Town Engineer.
3. Application Submitted. A Final PUD Application (the “Application”), consisting of an
Amended Planned Unit Development Guide for the Village (at Avon), Version 14
(“Amended PUD Guide”), resubmitted PUD Master Plan Version 11, and accompanying
Memorandum, was submitted to the Community Development Department of the Town
of Avon (the “Town”) on July 24, 2012 by Kimberly Martin, representing the owners of
the Village (at Avon) property (the “Applicant”).
4. Application Forms Submitted. Harvey Robertson submitted the Final PUD Application
(dated July 24, 2012) forms to the Town on July 30, 2012 via e-mail.
5. Notice of Public Hearing. On July 24, 2012, pursuant to §7.16.020(d), a notice of
public hearing was published in The Vail Daily for the August 10, 2012 Planning and
Zoning Commission meeting to review the Traer Creek LLC Village (at Avon) Final
Planned Unit Development application. In addition to the published noticed, mailed
notice was provided by Staff to all property owners within 300’ of the Village (at Avon)
property on July 24, 2012.
FINDINGS OF FACT AND RECOMMENDATIONS
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6. Staff Report to PZC. Matt Pielsticker submitted a Staff report to the PZC dated July 31,
2012.
7. Public Hearing before the Planning and Zoning Commission. On August 7, 2012 the
PZC held a public hearing on the Application. The PZC continued the public hearing for
three (3) additional hearings: Monday, August 13, 2012 Special Meeting, Tuesday,
August 21, 2012 Regular Meeting, and Monday, August 27, 2012 Special Meeting.
8. Eagle County School District Report. Eagle County School District submitted a report
titled Summary of ECSD Land Needs (dated August 16, 2012) and gave a presentation to
the Avon Planning and Zoning Commission at the August 21, 2012 public hearing, and
which report is part of the record for the Avon Planning and Zoning Commission final
recommendation.
9. Public Comments. Public comments were submitted to the Avon Planning and Zoning
Commission, which are attached hereto as Exhibit A: Public Comments. Also, the Avon
Planning and Zoning Commission accepted public comment during each of the public
hearings held by the Avon Planning and Zoning Commission for final PUD review. All
such public comments have been considered by the Avon Planning and Zoning
Commission, and are part of the record for the Avon Planning and Zoning Commission
final recommendation.
10. Review Schedule. Given the number of amendments and complexity of the Application,
PZC was not afforded sufficient time to review the breadth of proposed changes.
Accordingly, the following list includes some, but not all, of the items that were not
addressed by PZC:
A. The effect of revisions to the Vested Property Rights language; the effect of
restricting the ability of the Town to apply future amendments of the Avon
Municipal Code to the Project; the effect, interpretation and consistency of
exempting selected sections of the Avon Municipal Code to the Project as
set forth in Exhibit G; and the effect of adopting definitions which replace
or supplement definitions in the Avon Municipal Code.
B. The effect of changes to the public review process for all development
applications in the Village (at Avon).
C. The effect of adding 300,000 sq. ft. of commercial space and modifying
what is defined as “Commercial” for tracking purposes.
D. The effect of general changes to the description of use categories and
addition of new uses to Planning Areas.
E. Planning considerations related to allowing up to 855 Dwelling Units
and/or 196,970 gross square feet of commercial in Planning Area I.
FINDINGS OF FACT AND RECOMMENDATIONS
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F. Planning considerations related to changes the minimum and maximum
required percentage mix of residential and commercial uses within
Planning Areas A, C, D and F.
G. The effectiveness of existing and proposed procedures and development
standards to address potential conflicts and impacts of various land uses
internally within the Project which may arise from proposed revisions to
uses.
H. The size, shape, location, access and other site characteristics of Planning
Area B as relates to its intended use, including the size and use of water
features and/or impoundment areas.
I. The effect of proposed revisions and clarifications to address wildlife
impacts.
J. The impact of utility easements and other encumbrances on the usability of
Planning Area E.
K. The effect of water rights allocation and method of tracking and
accounting.
L. The effect of proposed changes to the definition of residential unit and
resident uses for proposed Planning Area K as relates to the total potential
traffic impact and emergency vehicle access for development served by a
cul-de-sac.
M. Planning considerations related to the proposed hotel building height of
135’ as a Special Review Use for Planning Area A and Planning Area I.
N. Planning considerations related to the impact of Interim Uses and
Temporary Uses.
O. Planning considerations related to telecommunication uses and definitions.
P. Planning considerations related to changes in sign permits.
11. Mandatory Review Criteria. Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the
PZC has considered the following criteria as the basis for a recommendation on the Final
PUD to Town Council:
A. The PUD addresses a unique situation, confers a substantial benefit to the Town,
and/or incorporates creative site design such that it achieves the purposes of this
Development Code and represents an improvement in quality over what could
have been accomplished through strict application of the otherwise applicable
district or development standards. Such improvements in quality may include, but
FINDINGS OF FACT AND RECOMMENDATIONS
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are not limited to: improvements in open space provision and access;
environmental protection; tree/vegetation preservation; efficient provision of
streets, roads, and other utilities and services; or increased choice of living and
housing environments.
B. The PUD rezoning will promote the public health, safety, and general welfare;
C. The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes
of this Development Code, and the eligibility criteria outlined in §7.16.060(b);
D. Facilities and services (including roads and transportation, water, gas, electric,
police and fire protection, and sewage and waste disposal, as applicable) will be
available to serve the subject property while maintaining adequate levels of
service to existing development;
E. Compared to the underlying zoning, the PUD rezoning is not likely to result in
significant adverse impacts upon the natural environment, including air, water,
noise, storm water management, wildlife, and vegetation, or such impacts will be
substantially mitigated;
F. Compared to the underlying zoning, the PUD rezoning is not likely to result in
significant adverse impacts upon other property in the vicinity of the subject tract;
and
G. Future uses on the subject tract will be compatible in scale with uses or potential
future uses on other properties in the vicinity of the subject tract.
12. Settlement Term Recommendations. The Planning and Zoning Commission reviewed
the Final PUD Application over the course of four (4) public hearings. At the conclusion
of the hearings, the PZC made the following recommendations with respect to the
Settlement Term Sheet, Schedule 3: Land Use I :
A. Vested Property Rights. The PZC recommends that Town Council APPROVE a
6 year extension to vested property rights based on the following specific findings
and with the conditions set forth below:
Findings:
(1) The extended vested property rights make up for lost development time;
(2) The extended vested property rights and inclusion of the sunset clauses
could create a benefit to the Town and encourage economic development.
(3) Prior conditions of “Master Developer” provisions have been met by the
Applicant in Section H.1(b) of the Amended and Restated PUD Guide, and as
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drafted the Master Developer control over zoning will expire concurrently with the
date of the six (6) year extended vested property rights.
B. Planning Area J. The PZC recommends that Council APPROVE the change of
park land on currently designated Planning Area N south to commercial and other
development uses on proposed Planning Area J
Condition:
(1) The displaced 5.8 acres of park land from N south must be detailed by the
applicant and materially equal to the usability of the current site.
C. OS-5 and OS-6. The PZC recommends that the Council APPROVE the zoning
modifications to OS-5 and OS-6 (now referred to as OS-9 and OS-10 respectively).
D. Hillside Density Increase. The PZC recommends that the Council APPROVE the
modifications to the PUD Master Plan, indicating more developable
primary/secondary “estate” lots in Planning Area K.
Conditions:
(1) No changes to the Primary/Secondary definition will be approved.
(2) Primary/Secondary development type will be limited to Planning Area K
and RMF-1 exclusively, as approved in the Settlement Term Sheet.
E. Dedication of Planning Areas B & C. The PZC recommends that the Council
APPROVE the consolidation of Planning Areas B and C into one planning area.
PZC recommends approval of the allowed uses, special review uses, prohibited
uses, and all proposed development standards for Planning Area B.
Condition:
(1) Parking for Planning Area B must be cooperative between this Planning
Area and adjoining properties.
F. Hotel Design Standards. PZC recommends that Council APPROVE the
Supplemental Hotel, Motel and Lodge requirements submitted by the applicant
(document #1021209.1”) for Planning area J, as amended by the Applicant.
Conditions:
(1) Section a(ii) be modified with insertion of following language “Indigenous
natural or earth tones such as brown, tan, grey, green, blue, or red in
muted, flat colors.”
FINDINGS OF FACT AND RECOMMENDATIONS
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(2) Section d(ii) be modified to replace the word “wall penetration by a
window” with “architectural element.”
G. 2011 Design Guidelines. PZC recommends that the Council explore
implementing the 2011 VAA Design Guidelines with the applicant by making
‘Exhibit E’ to the PUD Guide the 2011 VAA Design Guidelines instead of the
1998 Guidelines.
H. Road Access to Planning Area M (Proposed I). The PZC recommends that the
Town Council APPROVE the map depiction of a road across the USFS property to
Planning Area I.
Conditions:
(1) Bridge over the river to access Planning Area I is prioritized as first option.
(2) “Lower” road across USFS property is only approvable access if bridge is
not feasible.
(3) The upper road access studied by the applicant is not an option for access
to PA-I.
I. School Site Dedication. PZC recommends that the Council DENY the
proposed split school site. The PZC makes the following recommendations with
respect with the School Site(s):
Findings:
(1) School site should not be located within 500' of gas utility transmission
lines due to the best planning practices discussed at the public hearing.
(2) Proposed planning area E does not have adequate traffic queuing.
(3) Town Council must identify and clarify the trigger for development of the
school site.
(4) The Town Council, not PZC, is responsible for determining the school use
of the proposed school site
(5) The spirit of ordinance 06-17 is not being followed (same language as
previously written in preliminary findings)
Recommendations:
(1) School site dedication should be in one 7.3 acre area, and contiguous to
parkland.
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(2) Installation of utilities, infrastructure and improvements should be installed
in residential areas as the trigger prior to the start of development of a
school.
(3) The final approved development plan shall either identify a school site
complying with Eagle County School District standards or have language
identifying those standards and complying with the conditions noted above;
and,
J. East Beaver Creek Boulevard. The PZC finds that phased construction of
the road, now being referred to as “Main Street,” is acceptable and recommend that
Council APPROVE these modifications.
Conditions:
(1) Road Cross Sections in Section F of the PUD Guide are not approved.
(2) In place of Cross Sections, the following performance standards Must be
incorporated in the PUD Guide:
a. Minimum ROW width of 50 feet
b. Minimum 6 foot wide center islands of landscaping, or 6 foot side
landscaping strips on either side of the roadway will be provided.
c. Minimum 5 foot continuous attached or detached sidewalks will be
provided.
d. Turn lanes and on-street parking configurations will be left to the
applicant and verified by Town Staff.
(3) Preliminary level engineering and traffic report(s) will be provided to
ensure that the each subdivision accommodates future phases including
roads, pedestrian facilities, drainage, and all utilities.
(4) Pedestrian facilities must be constructed with each phase of development
to connect with existing facilities on Post Blvd and to East Avon.
K. Drainage Master Plan. The PZC recommends that Council APPROVE the
inclusion of the Johnson Drainage Plan.
Findings:
(1) There are financial implications with the David Johnson Study that the
Town Council must consider.
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(2) The David Johnson Study is less restrictive than the current Town
Drainage plan, and any future Town Drainage Plan that is less restrictive
could supersede the David Johnson Study.
(3) Any revisions necessary will be made after a thorough review is
completed by the Town.
L. Administrative Subdivision. The PZC finds that the overall concept for
administrative subdivision is acceptable; however, given the outstanding issues in
the PUD Guide identified by the Town Engineer, PZC recommends that the
Council DENY the proposed Subdivision regulations.
Findings:
(1) Exceptions to the subdivision process, such as the dedication of rights-of-
way, prevent a thorough review and evaluation of the application and
public improvements to ensure all standards and requirements of the AMC
and PUD are being met.
(2) The limitation on the submittal requirements is not adequate because many
of the plans, specifications and engineering reports would not have to be
prepared and submitted for all of the public improvements of the
subdivision. The resulting public improvements may not be designed and
constructed to current standards.
(3) The proposed review criteria does not allow for adequate analysis of the
sustainability and adequacy of the proposed subdivision. The
improvements shall accommodate future phasing of the development. The
utilities shall have the ability to serve the development, and the owners
association(s) shall be established in accordance with law. Land
subdivisions shall demonstrate adequacy of the land, and compliance with
the AMC requirements, Comprehensive Plan, and PUD.
(4) Public Hearings are a necessary and appropriate means for public input on
subdivisions and should not be removed.
Recommendation:
(1) Town Staff and Legal Staff should work towards a solution in the best
interest of the Town.
13. Final PUD Recommendation. The PZC is recommending overall DENIAL to the
Town Council of the Final PUD amendment dated 7/24/12 with the specific findings set forth
below:
Findings:
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(1) The application conflicts with §7.16.060(e)(4)(i), Review Criteria, AMC, by not
providing an improvement in open space provisions or increased housing options as
required by the AMC. PZC finds that there is a lack of certainty with where
displaced N-South open space will be provided and whether or not environmental
protection is achieved when some of the AMC provisions enacted to protect these
very resources would be relinquished with the Application. The usability standards
proposed by the Applicant in Section J.16(c) of the Amended PUD Guide do not
ensure that the net useable acreage of future conveyed parkland will equal that of the
existing Planning Area N-South area. Providing the balance of future parkland
within Planning Areas J, K, and/or I is inconsistent with planning principles related
to locational standards which seek to locate parks in centrally located, accessible
areas, within neighborhoods on the valley floor.
(2) All of the Natural Resource Protection Standards (§7.28.100, AMC) should govern
the property as they are enacted to protect the health, safety, and welfare of residents.
No justification was provided for exempting the sections of code that limit
development of roads to areas less than 50% slope or development on areas less than
40%. These exemptions would violate the purposes of the Development Code.
(3) The application conflicts with §7.16.060(e)(4)(i), Review Criteria, AMC, by not
providing increased housing options. The proposal increases commercial square
footage and dwelling unit allowances in the PUD, without any subsequent update to
the Affordable Housing Plan, Section J.15 of the PUD Guide. PZC finds that
potential increases in commercial square footage should be addressed with the
quantity and timing of affordable housing. This position is consistent with the
Comprehensive Plan’s housing strategies which seek a diverse range of housing
options.
(4) Potential adverse impacts to properties in the vicinity of the project were identified
by neighboring property owners, and PZC finds a lack of assurance with what type
of development can take place, and the resulting impacts. Conformance with
§7.16.060(e)(4)(v), Review Criteria, was not demonstrated by the Applicant to the
satisfaction of PZC. The applicant has not provided justification for removing the
minimum and maximum rations for commercial and residential development, as
contained in the current PUD Guide. While it is acknowledged that there are some
inherent difficulties with administering the ratio formulas, no rationale or alternative
approach was provided to ensure the intent of mixed-use development patterns. Of
particular concern is the removal of any cap on commercial development (other than
5,000 sq. ft. for single-retail establishments as proposed) to ensure that the
development immediately adjacent to the Eaglebend Drive neighborhood is more
residential than commercial in nature, or that impacts related to commercial
development is adequately mitigated.
(5) The impacts on existing neighborhoods (i.e. Eaglebend Drive, Chapel Square)
adjacent to the PUD and the effectiveness of any proposed development standards or