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PZC Packet 11-03-2009 (2)AVON C O L O R A D O Town of Avon Planning & Zoning Commission -- Meeting Agenda for November 3, 2009 REGULAR WORK SESSION (5:00pm — 5:30pm) Avon Town Council Chambers Meetings are open to the public Avon Municipal Building / One Lake Street Discussion of Regular Meeting agenda items. Open to the public REGULAR MEETING (5:30pm) Call to Order II. Roll Call III. Additions and Amendments to the Agenda IV. Conflicts of Interest V. Consent Agenda • Approval of the October 20, 2009 Meeting Minutes ZONING VI. Court at Stonebridge PUD Amendment Property Location: Filing 3, Eaglebend Subdivision / 3000 Eaglebend Drive. Applicant: Tyson Kennedy, representing the Stonebridge Cluster HOA Description: The proposed Planned Unit Development (PUD) amendment is to allow short term rentals in addition to the currently allowed uses for the Court at Stonebridge PUD. The current uses by right and accessory uses include: single family houses, townhomes, and existing detached garage buildings." DESIGN REVIEW VII. Courtyard Villas Property Location: Lot 12 & 13, Block 3, Wildridge Subdivision / Buck Creek Road Applicant: Michael Hazard, Morter Architects /Owner. Advanced Home Technologies Description: Minor Project review to remove the approved louvers for the existing design approval for both duplexes. VIII. Other Business • Zoning Interpretation — Lot 9, Block 5, Wildridge Subdivision IX. Adjourn Posted on October 30, 2009 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • Avon Public Library • On the Internet at htto://www.avon.ora / Please call (970) 748.4030 for directions Town of Avon Planning & Zoning Commission ZY Draft Meeting Minutes for October 20, 2009 r0N Avon Town Council Chambers Meetings are open to the public Avon Municipal Building / One Lake Street C O L O R A D O REGULAR WORK SESSION (5:00pm — 5:30pm) Discussion of Regular Meeting agenda items. Open to the public REGULAR MEETING (5:30pm) Call to Order The meeting was called to order at approximately 5:35 pm. II. Roll Call All Commissioners were present. III. Additions and Amendments to the Agenda There were no additions or amendments to the agenda. IV. Conflicts of Interest There were no conflicts of interest to disclose. V. Consent Agenda • Approval of the October 6, 2009 Meeting Minutes Action: Commissioner Green moved to approve the consent agenda as amended. Commissioner Prince seconded the motion and it passed 7-0. ZONING VI. Longsun Lane Residences PUD Amendment Property Location: Lots 47/48, Block 4, Wildridge Subdivision / 5141/5151 Longsun Lane Applicant: Bobby Ladd, RAL Architects, LLC /Owner. David Forenza Description: The proposed Planned Unit Development (PUD) amendment is to alter the zoning of two duplex properties; to permit three single-family residences, one containing a "legal lock - off" unit. The density would remain the same — four (4) dwelling units. There is a corresponding Preliminary Subdivision application tracking concurrently. Discussion: Matt Pielsticker briefly outlined staffs report. Commissioner Green questioned the building footprint map. Bobby Ladd, RAL Architects, asked for clarification on the building footprint map. He discussed the changes that have been made since the joint work session with Town Council. Commissioner Anderson questioned the living square footage of each unit. Commissioner Roubos asked about the proposed lock -off. Posted on October 16, 2009 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • Avon Public Library • On the Internet at htto://www.avon.ora / Please call (970) 748.4030 for directions Commissioner Green asked the applicant if they have received comments from the Fire _ Department. Commissioner Green questioned the AMI range that was intended to be achieved by the Lock - off. Public Comment was opened and closed due to no comments. Commissioner Roubos questioned the public benefit. She agreed with the applicant's comments about locals moving down valley. She was not convinced about the proposed zoning change, but she wasn't against the right application. Bobby Ladd did agree that additional regulations that cap the lock -off size would be beneficial. . Commissioner Prince discussed the potential development that could happen under existing zoning. He did state his major public benefit was the massing of homes. His opinion is that 2 single families are better than a duplex and that was a sufficient public benefit. Commissioner Lane agreed with staffs comments about the public benefit. He stated to recommend approval of a PUD amendment of this type he wants to see a size and bulk cap. Bobby Ladd commented on the view corridors. Matt Gennett clarified the uses by right. Commissioner Green built on the comments made by Matt Gennett. Commissioner Anderson liked the proposed idea and liked the site plan. He did state that the public benefit was not sufficient in his mind. He said the proposed site plan did appear like 4 building masses instead of 2 building masses. Commissioner Green appreciated the visual mock-up presented at the meeting. He wanted the applicant to show the AMI ranges these homes would meet. He walked the commission through some calculations that suggested sale price. He questioned the proposed "locals housing" benefit versus the cost of the proposed home. Commissioner Green stated that the primary/secondary could be proposed under existing zoning and would most likely reduce the overall massing. Commissioner Struve stated he personally liked duplexes and attached housing. He further discussed the lock -off concept, highlighting his support of that idea. He wasn't in favor of the breezeway connection proposed. He also didn't support the proposed massing on the lots. Commissioner Goulding commented that changing zoning required something extraordinary. He did comment that the proposal had merit, but wasn't extraordinary. Action: Commissioner Roubos moved to table the application with. Commissioner Struve seconding the motion. Commissioner Green asked if there was sufficient comment provided to the applicant so that they can come back. The motion passed 7-0. VII. East West Partners Special Review Use Application Property Location: Lots 5, Riverfront Subdivision / Riverfront Lane Applicant/Owner. East West Partners Description: The applicant, East-West Resort Development, are required to gain approval for and the issuance of a Special Review Use (SRU) permit by the Town of Avon Planning and Zoning Commission to keep the existing temporary office structure and use on Lot 5. According to the Riverfront PUD Development Plan's list of allowable uses. Posted on October 16, 2009 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • Avon Public Library • On the Internet at httD://www.avon.ora / Please call (970) 748.4030 for directions Discussion: Matt Gennett briefly described the proposed SRU. Commissioner Goulding questioned the proposed uses. Andy Gunion outlined the original use of the building. He stated that the future use could be a sales center for the Lodge or Duplexes that will be developed in the future. Commissioner Green questioned the timeframe the applicant desired. Andy Gunion stated that the following ski season would be the earliest use for a sales center. Commissioner Anderson suggested 3 years instead of 2 years. The public comment was opened and closed due to no input. Action: Commissioner Green moved to approve with staff conditions and a third condition that states a 3 year time frame be placed. Commissioner Lane seconded the motion. Commissioner Prince questioned the 30 day requirement. The motion passed 7-0. VIII. Other Business • Short Term Rental Overlay that was approved at Town Council • Unified Land Use Code • Park Stage Committee • Wildridge Covenants Board IX. Adjourn The meeting was adjourned at approximately 7:05 Posted on October 16, 2009 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • Avon Public Library • On the Internet at htto://www.avon.orc / Please call (970) 748.4030 for directions Staff Report PUD Amendment It N November 3, 2009 Planning & Zoning Commission Meeting C O L O R A o 0 Report date: October 30, 2009 Project type: Planned Unit Development (PUD) Amendment Legal description: Filing 3, Eaglebend Subdivision Current zoning: PUD Address: 3000 Eaglebend Drive I. Introduction and Summary The applicant, Tyson Kennedy, member of and representative for the Stonebridge ("Cluster") Homeowners Association, is proposing to amend the zoning of a portion of the Eaglebend Subdivision. The proposal is to allow short term rentals in addition to the currently allowed uses for the Court at Stonebridge PUD. The Eaglebend PUD describes the allowed uses for Filing 3 as to include "Single family, duplex, multifamily dwellings, condominiums, townhouses, apartments, accessory buildings and uses." The Town Council approved the first reading of Ordinance No. 09-16 at their October 27, 2009 meeting; an Ordinance drafted to approve this amendment after a review and formal recommendation is forwarded from the Planning and Zoning Commission. The public hearing for Ordinance No. 09-16 will be on second reading, scheduled for the November 10, 2009 Council meeting. This report outlines all of the mandatory review criteria, and also provides a recommended action with supported findings of fact. After holding a public hearing in accordance with Section 17.12.100 of the Avon Municipal Code, Staff is recommending that the Town of Avon Planning and Zoning Commission make a formal recommendation of APPROVAL to the Avon Town Council. II. Background In 1980 the Eagle County Commissioners approved the Eaglebend project for Residential/Suburban Medium (RSM) density zoning, and in 1981, the Commissioners approved the final subdivision. Shortly thereafter, between 1982 and 1983, the first 12 of 19 Stonebridge Townhomes were constructed. These units were designed and built in a clustered orientation with shared amenities. In May of 1985, the Eaglebend developers approached the Town of Avon to discuss the possibility of annexation to the Town, for the purpose of rezoning to smaller, more Town of Avon Community Development (970) 748.4030 Fax (970) 949.5749 Stonebridge PUD Amendment— Short Term Rentals A'OW November 3, 21109, Planning & Zoning Commission Meeting Page 2 of 7 affordable and marketable housing units. The entire subdivision was eventually annexed in 1986 after receiving favorable reviews by the Planning and Zoning Commission. Two additional single-family units in Filing 3 were then constructed in 1990. These homes were built on the east end of the filing. These two homes were distinguished from the rest of Stonebridge by their standalone design and separate driveway access off Eaglebend Drive. The Stonebridge PUD (Filing 3) was amended in 1997 to slightly re -arrange the building footprints for the final 5 of 19 single-family residences on the property. When that PUD Amendment was approved, the PUD plan stated that the uses by right and accessory uses are to include "Existing single family houses, existing houses, proposed townhomes and existing detached garage buildings." The PUD further states "Other development and zoning provisions of the Town of Avon zoning code not specifically addressed shall apply to this P.U.D. amendment." At the time of the 1997 amendment the applicant stated that changes in regulations and market conditions required re-evaluating the original Stonebridge plan, prior to completing the remaining five units. These five units were later constructed in much the same fashion as the original 12 clustered units; near the intersection of Stonebridge and Eaglebend roads. Most recently, the Stonebridge HOA was directly involved with the Short Term Rental Overlay (STRO) process. When the HOA was informed that their property was not eligible for the overlay district, they chose to pursue the PUD Amendment process to permanently allow the short term rental use on their property. III. Process As required by the Avon Municipal Code, this report serves as the official findings and recommendations of the Community Development Department. After holding a public hearing before the Planning Commission, a report of the Planning Commission stating its findings and recommendations and this report will be transmitted to the Town Council for their review on second reading of Ordinance No. 09-16. The Town Council shall then consider this application in accordance with Section 17.28.050 of the Avon Municipal Code. The Town Council hearing shall be held no later than thirty (30) days following the Planning and Zoning Commission action. Following this hearing, the Council shall consider the comments and evidence presented at the hearing and evaluate the application in accordance with Section 17.28.080 and either approve, approve with conditions or deny the application, in whole or in part. IV. Public Notice Requirement This application is a noticed public hearing with written notice provided to all property owners within 300' of the subject property. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Stonebridge PUD Amendment —Short Tenn Rentals November 3. 20119. Planning & Zoning Commission Meeting V. PUD Design Criteria Page 3 of 7 AM According to the Town of Avon Zonino Code, Section 17.20.110, the following criteria shall be used as the principal criteria in evaluating a PUD. 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. The Comprehensive Plan incorporates a number of overarching goals and policies to provide town -wide direction with respect to the built form, community character, housing, transportation, etc. While the majority of the goals and policies are general in nature, there are relevant elements worth highlighting. For instance, Goal CA provides guidance to the Town's desired land -use mix: "Provide a balance of land uses that offer a range of housing options... working in concert to strengthen Avon's identity as both a year-round residential community and as a commercial, tourism and economic center." The challenge with balancing the resort/local land -use mix and the resulting demands and impacts experienced with each, can be considered a common theme found throughout the Plan. Short term rentals and other tourism based land -uses should be incorporated in the Town where they can be compatible with adjacent uses. Goal E.3 gives general guidance related to inviting resort guests: "Increase the number of visitors to Avon by enhancing our attractiveness as a destination resort community." According to the Comprehensive Plan, the subject property is located in District 27: Nottingham Station/Eaglebend District. This area of Town is somewhat segmented from other areas of the Town Core due to natural controls (i.e. river bordering the south), as well as the Union Pacific railway which borders the north side of the district. The planning principles for this district do not provide specific guidance to land -use in the area, recognizing that the area is completely developed. Instead the Comprehensive Plan focuses primarily on protecting the river environment and providing access where possible. 2. Conformity and compliance with the overall design theme of the town, the sub -area design recommendations and design guidelines of the Town. Not applicable. There are no changes to the exterior design of the project. 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. Not applicable. There are no changes that would inhibit design compatibility with the immediate neighborhood. The architectural design of the project would remain as it is today. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Stonebridge PUD Amendment —Short Term Rentals November 3, 2009, Planning & Zoning Commission Meeting Page4of7 AWN 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. There is a mix of single-family, duplex, clustered single-family homes, and rental apartment units in the surrounding area. This property has demonstrated a workable relationship with the surrounding uses and activity by renting properties on a short-term basis in the past. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. Not applicable. There have been no natural and/or geologic hazards that would affect the use of the property as proposed. 6. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Not applicable. The homes are largely sited in a cluster orientation, with groups of several single- family homes in close proximity to one another. The majority of the open space that surrounds the clustered homes is focused on the river environment and these open space areas will remain unchanged. 7. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. Not applicable. There are no implications to the Town of Avon Transportation Plan. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Not applicable. 9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. Not applicable. No phasing is required, and there are no necessary changes to the subdivision plan in order to allow a short term rental land -use. IO.Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. Not applicable. All services are in place and there should be no changes in demand for such services. Town of Avon Community Development (970) 746.4030 Fax (970) 949-5749 Stonebridge PUD Amendment —Short Tenn Rentals November 3, 2009, Planning & Zoning Commission Meeting Page5of7 A 11. That the existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. Not applicable. The existing roads are suitable and adequate for the intended use. There have been recent improvements in the area to accommodate pedestrian travel including a new widened sidewalk connecting to in town bus routes. 12.That the PUD or amendment to PUD requested provides evidence of substantial compliance with the following public purpose provisions, as outlined in Section 17.28.085 of the Avon Municipal Code: A. The application demonstrates a public purpose, which the current zoning entitlements cannot achieve. B. Approval of the zoning application provides long term economic, cultural or social community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights. C. The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and cultural resources, and increasing the amount of public benerrt consistent with the community master plan documents. As mentioned, the Town of Avon Comorehensive Plan is supportive of lodge type units if focuses in the Town Core area. The property is located within walking distance to the Town Core and is in close proximity to both local and regional bus service stops. Short term rental guests could continue to utilize these services, and economic values could be experienced with lodging taxes and shopping in town. There are no potential adverse impacts expecting from the change in zoning rights. And any potential adverse impacts are outweighed by the social benefits of maintaining a resort guest base that prefers this unique rental option, which could be considered one of the only single-family homes options close to services. VI. Recommended Motion "I move to recommend APPROVAL of the PUD Amendment to permit short term rentals in the Court at Stonebridge PUD to the Avon Town Council with the following FINDING of FACT: 1. This application is in substantial compliance with the following review criterion: 1. Conformance with the Town of Avon Comorehensive Plan's Goals and Objectives. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. Town of Avon Community Development (970) 74&4030 Fax (970) 949.5749 Stonebridge PUD Amendment — Short Term Rentals p' November 3, 2009, Planning & Zoning Commission Meeting Page 6 of 7 12. That the PUD or amendment to PUD requested provides evidence of substantial compliance with the following public purpose provisions, as outlined in Section 17.28.085 of the Avon Municipal Code: 2. The subject property is located in a predominantly residential neighborhood where there is access to mass transit, and is within walking distance to the Town Center. 3. The following review criteria are not applicable to this application: 2. Conformity and compliance with the overall design theme of the town, the sub -area design recommendations and design guidelines of the Town. 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. 6. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 7. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. 11. That the existing streets and roads are suitable and adequate to cany anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. 3. The Town desires to permit "Short Term Rentals," as defined by the Avon Municipal Code, in areas of the Town Core that are residential in nature. 4. The approval of this application and corresponding Ordinance will help to protect and preserve the health, safety, and welfare of the Avon community." If you have any questions regarding this project or any planning matter, please call me at 748-4413, or stop by the Community Development Department. Town of Avon Community Development (970) 7484030 Fax (970) 949.5749 Stonebridge PUD Amendment —Short Tenn Rentals November 3, 2009, Planning & Zoning Commission Meeting Respectful) itted, Matt Pielstic Planner II VII. Report Exhibits A: Vicinity Map B: Ordinance 09-16 C: Application Materials Page7of7 AAM Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Exhibit B TOWN OF AVON, COLORADO ORDINANCE 09-16 SERIES of 2009 AN ORDINANCE APPOVING AN AMENDMENT TO THE COURT AT STONEBRIDGE PUD, TRACT B, EAGLEBEND SUBDIVISION, FILING 93 TO ALLOW SHORT TERM RENTAL USE WHEREAS, the Town of Avon approved Tract B, Eaglebend Subdivision, Filing #3, by Ordinance No. 86-12 which included the Zoning Plat for Eaglebend that described the allowed uses for Tract B as "Single family, duplex, multifamily dwellings, condominiums, townhouses, apartments, accessory buildings and uses," and which included PUD Amendment #1, Tract B, Eaglebend Subdivision, Filing 93, adopted by Ordinance No. 97-5 which states that the uses by right and accessory uses include "Existing single family houses, existing houses, proposed townhomes and existing detached garage buildings" and which further states, "Other development and zoning provisions of the Town of Avon zoning code not specifically addressed shall apply to this P.U.D. amendment;" WHEREAS, the Town of Avon does not permit short term rental use as an accessory use to residential property pursuant to the Town of Avon Municipal Code ("AMC"); WHEREAS, Tyson Kennedy, a property owner within the Court at Stonebridge Planned Unit Development, Tract B, Eaglebend Subdivision, Filing #3 ("Stonebridge PUD") representing the Stonebridge Cluster HOA has applied for a Planned Unit Development ("PUD") Amendment, pursuant to Section 17.20.110 of the Avon Municipal Code; WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on November 3, 2009, after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town stat% considered such information prior to formulating a recommendation, then took action to adopt findings and make a recommendation of approval to the Town Council with conditions as set forth in TOWN OF AVON, PLANNING AND ZONING COMMISSION RESOLUTION No. 09- A RESOLUTION RECOMMENDING APPROVAL TO THE AVON TOWN COUNCIL OF AN AMENDMENT TO THE COURT AT STONEBRIDGE PLANNED UNIT DEVELOPMENT (PUD); WHEREAS, Policy C.1.3 of the Town of Avon Comprehensive Plan states, "Focus lodging and guest accommodation in the Town Center Districts to take advantage of the proximity to retail, commercial and other community services'; WHEREAS, the Town recently approved Ordinance 09-12, to permit Short Term Rental uses as defined by Section 3.28.020 for Hotel room, condominium unit, or other accommodation of the Avon Municipal Code, in areas of the town core thatare residential in nature; and, Ord No. 09-16 10-22-09 ejh WHEREAS, the Town Council of the Town of Avon held a public hearing on November 10, 2009, after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Stonebridge PUD amendment application; WHEREAS, pursuant to Title 17.20.110(h) of the AMC, the Town Council finds this application is in substantial compliance with the applicable review criteria; WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law and the AMC by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following: SECTION 1. AMENDMENT TO STONEBRIDGE PUD. The Court at Stonebridge Planned Unit Development, Tract B, Eaglebend Subdivision Filing 93, is hereby amended to include Short Term Rental as an allowed use, as defined by Chapter 17.20.140 of the Avon Municipal Code, as may be amended or re -codified from time to time. SECTION 2. CORRECTION OF ERRORS. Town Staff is authorized to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. SECTION 3. SEVERABILITY. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. SECTION 5. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary Page 2 of 4 Ord No. 09-16 10-22-09 ejh for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. SECTION 6. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [signature page follows] Page 3 of S Ord No. 09.16 10-22-09 elh INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED: the 27h day of October, 2009, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 10th day of November, 2009, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the loth day of November, 2009. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Page 4 of 4 Ord No. 09-16 10-22-09 ejh ,Jared Barnes From: tysonindenver@aol.com Sent: Tuesday, October 13, 2009 4:07 PM Jared Barnes Subject: Fwd: Stonebridge PUD Request -----Original Message ----- From: Richard.Landy@energyfutureholdings.com To: tysonindenver@aol.com Cc: Richard.Landy@energyfutureholdings.com Sent: Tue, Oct 13, 2009 1:56 pm Subject: Stonebridge PUD Request The HOA of Stonebridge Cluster, tract B, filing 3 Eaglebend Subdivision is in full support of amending the current PUD to include as a use, short term rentals. Tyson Kennedy has our support to represent the HOA on this matter. Sincerely, Richard J. Landy President of Stonebridge HOA Confidentiality Notice: This email message, including any attachments, contains or may contain confidential information intended only for the addressee. If you are not an intended recipient of message, be advised that any reading, dissemination, forwarding, printing, copying or other A this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply message and delete this email message and any attachments from your system. 10/13/2009 Exhibit C To whom it may concern 10-5-09 We at Stonebridge, a planned unit development are applying to amend our PUD to include, Short Term Rental. There are 19 units and attached you will find letters in full support of the option to short term rent individual units. You will find 17 letters, the other two owners live in Mexico and have been unable to reach however, rent their units. We, as a community have gone to great lengths to express our desire to have the option to short term rent our homes. Most of us, at one time or another, have rented our homes and we have not had any negative impact from doing so. In fact, by short term renting our homes, we have been able to enhance our properties and the community as a result of renting. The positive impact has been significant as our grounds and homes will prove. We as a community are united in this effort and have worked as a team to see that our ability to short term rent is restored. By considering our right to amend our PUD having full support of our HOA and community you will be restoring our ability to sell our homes if need be, restoring our values and enabling us to maintain our homes in one of the worst economies of our time. Not only will each individual unit benefit but so will the town of Avon by encouraging tourism to shop, eat and buy in our community. We are a small percent of the 22% of short term rental options in the Town of Avon but we impact the city non -the -less in what we bring to our town. We provide alternative options for larger families who have put Avon on the map as being part of world class skiing community. Know that this has been a community effort and consider amendin our PUD as N it is in the best interest of our Home Owners Association and to our srriafrgD determined community. Stonebridge C 32009 r�QV p��,omenr rrom: unov mcuamel <cmay.mcaamenarvanrxi mini. 1 o: tvsonlnaenverrmaoi.com stimect: From ummla at woneonaae Oates: Wort .111197 'JINN 11.411 am Maar nihi r%ra:oe e: s R lv nnma is Cinthin Illle-nnnial 1 am ai member of Stonebridge homeowners association. I am writing_ in regards to ( city_ ordnance 0508 ) I have been a member of the Avon community, and a owner of a stonebridge home since 1991. 1 feel that Stonebridge is unique ; in that it is small homeowners association. In that it is small ; and that we are single family homes: ( City ordnance 0508 j has been brought to my to my attention by several of the homeowners. I hope we can work with the city to exempt our association : from the short term rental policy, and allow us the option of short term rentals. I believe because of are location : it should not be an impact on Avon. P.S Thank you for you're consideration httpJ/webmail.aol.com/43792/aol/en-us/mail/PrintMessage.aspx 7/23/2009 DALE L. SMIRL 9.S. la Salle St- Suite 602 Chicago. Illinois 60603 (312)782-9325 To: Citv Council Avon, Colorado July 22, 2009 Thank you for the opportunity to make this disclosure. My family purchased a home in Stonebridge (No. 12) in 2001. We were made aware of Avon, Colorado through another homeowner in Avon who was doing short term rentals. After staying in their home on two occasions, we were so impressed with the community that we purchased one of the units. Certainly, one of the elements considered in the price was the fact of the home being used for short term rentals when we were not there. We have opened our home to such guests who prefer to stay in homes over hotels. If these guests are not allowed to stay on a short term basis in Avon, there are many surrounding areas that do encourage and allow short term stays. These guests, also, contribute to the local economy. My records indicate several thousand dollars paid to Avon for taxes each year. The positives seem to outweigh the negatives on the short term rental issue. I, sincerely, request the City Council review this practice and officially adopt such change to allow short term rental in Avon. Thank You, Dale Smirl From: Marguerite Langstaff <judgemtl@q.com> To: tysonindenver@aol.com Subject* Ordinance 0805 Stonegridge Avon City Council Date: Mon, Jul 20, 2009 8:47 pm July 20, 2009 Avon City Council Avon, Colorado Re: Request for overlay so that the short term rental ordinance 0805 will not apply to our Stonebridge Condo Association, specifically number 4, Stonebridge, Avon, Colorado Dear Avon City Council, We have just recently learned that an Ordinance 0805 was passed in 2005 which prohibits us from renting our Stonebridge condo/townhouse in Avon for less than 31 days. It is our understanding that you can overlay a PUD or whatever prohibits us from short term rentals and that the problem will be solved. We are requesting that you do whatever has to be done so that we can continue to rent short term if we so desire. To limit us in such a way significantly depreciates the value of our investment property, and we are so worried about this. We urge you to please provide the overlay, or to do whatever you have to do so that we can rent for less than 31 days. We need that option in order to continue to enjoy our investment property. Many thanks for your cooperation and for your timely action regarding this serious problem. Sincerely, Stonebridge Condo/Townhouse owners Samuel H. Langstaff, Jr. - Marguerite T. Langstaff 38 Eagle Drive Littleton, Colorado 80123 303 771-2781 http://webmail.aol.com/43792/aoi/en-us/mail/PrintMessage.aspx 7/20/2009 From: Rjlandy2@aol.com To: Tysonindenver@aol.com Subject Ability to Rent Our Homes - An Issue of Property Rights Date: Mon, Jul 20, 2009 3:39 pm Tyson, I join in supporting the Stonebridge Homeowners who wish to preserve the right to rent out their homes. When I purchased my property in 2001, 1 was told i could rent it at my discretion. I have opted not to, but take umbrage at those who take away our right to do this - without any form of notice or process. This is confistatory diminution of our rights as owners. It has a negative effect on the value of our property as it reduces the pool of potential buyers. I will join you and other homeowners(taxpayers) in pursuing the steps required to reinstate our rights. We should work in concert with the Avon City Council to remedy this situation and effect a permanent solution. Richard J Landy President, Stonebridge Homeowners Assn What's for dinner tonight? Find quick and easy dinner ideas for any occasion. httpJ/webmail.aol.com/43792/aol/en-us/mail/PrintMessage.aspx 7/20/2009 From: tysonindenver@aol.00m To: tysonindenver@aol.com; mdev999@gmail.com Subject Stonebridge Short Tenn Rental Overlay Date: Fri, Jul 17, 20091:56 pm Dear Council Members of Avon ^ My name is Tyson Kennedy, owner of Stonebridge #6 in the City of Avon. I am writing to request consideration of Overlay Ordinance No. 05-0810 allow for short term rental in our subdivision of Stonebridge at 3000 Eaglebend Dr. I was given a warning notice dated February 27th of 2009 advising me to "cease and desist" using my property for short term rental as I was in violation of Ordinance 05-08 giving me only 5 days to comply regardless of previous contracts and commitments made by me and my management company. Vail Valley rental company has shut down and moved out of the valley as a result of this ordinance. I am, on the other hand suspended in knowing what to do exactly to modify this ordinance other than to tell you how I feel about it As I stated in the Council Meeting, July 14th there are what I believe "unintended consequences" to this ordinance both to me personally and to the City of Avon. To me personally, 1) I bought this property as an investment 10 years ago and this ordinance has taken that investment potential away from me completely and was at the time, a huge selling point to me and my children. 2) This ordinance has taken away an unknowing value from my home as it is no longer sellable if I were to ever need or want to. No informed and intelligent buyer would ever want to buy a second home in a resort community and be refused the right to short term rent when they have other communities to choose from who will support the rights of home owners. 3) The income generated from short term rentals in my unit helped to maintain my property, pay taxes and meet assessments when asked for by the HOA. I was able to maintain the property, enhance the property and general upkeep due to the rental income. Now, due to Ordinance 05-08, this seems impossible while putting two children thru college. 4) If something were to happen to me at this time, short tem rentals would help my children to keep and maintain this property in our family as first intended. This home has been a huge part of our family's "Home for the Holidays" and I want to protect their rights as well as mine in order to keep and maintain it. Unintended Consequences to the City of Avon 1) Property values have dropped making Avon a less desirable place to purchase a home. 2) Local businesses will see a decline in business because they are not drawn to our community via availability of short term rentals. 3) There will inevitability be more foreclosures. 4) HOA's will see delinquent or no payments at all. 5) There will be no rental taxes collected or paid. 6) There will be a loss of tourism ..... this has to be a huge unintended consequence to Ordinance 05-08. 7) We, the City of Avon will become less competive with all other surrounding cities. 8) Property management companies will and have gone out of business.....sbil fewer taxes paid. 9) We become known as the city not to purchase a home in, not to rent from but hey ..... please come spend your tourism dollars here with us but go back to Vail or Edwards. It doesn't make any sense. http://webmail.aol.com/43792/aol/en-us/mail/PrintA4essage.aspx 7/20/2009 7-20-09 Avon Town Council; My name is Gil Faucher and I live with my family full time in Avon within the Stonebridge home development. I am writing in regards to the short term rental situation with the town of Avon. I did not realize the town had restricted the ability of owners in the town of Avon from doing short term rentals, I feel this is a big mistake for the town of Avon. In my viewpoint and belief there are many reasons why the Town should not restrict short term rentals in the Town of Avon. The #1 and most important reason is the fact that we live in a Vacation Destination Resort Community that thrives on Real Estate, Rentals and Services. Many of the owners that have purchased Real Estate over the years have done so with the mindset to rent their property while they are not using the property to help offset cost of ownership these owners who have purchased homes have stimulated our economy and continue to do so each time they visit, the people they rent their homes to short term also stimulate our economy each time they visit. If you take the short term rental ability away it is like your tying _ one hand behind your back and trying to do the same job or get the same result as if you had two hands. Why restrict something that helps generate the life blood of our community. I hope you see clear to allow short term rentals in the Town of Avon Sincerely, July 19, 2009 To Avon City council, I have recently been notified that a ruling was passed sometime ago by Avon city council disallowing short term rentals in'selecP areas of Avon including my residents — Stonebridge; this is unfortunate and short sided thinking. Not all people that go on vacation like to stay In hotels, I being one of them travel all the time in my profession. When possible, we will seek a home rental as they are more spacious and comfortable. Short term rentals also create spending by the renters in the local retail stores, much more so than staying at a hotel where the majority of their funds are spent in house. When a short term renter arrives they stock the house with everything they will need for the long weekend or week, this creates spending and tax revenues. Not to mention the tax revenues on the rental. Without short term rental ability your ordinance will drive down the property values of our homes in Avon, this in tum will lower the real-estate tax bases. Avon is a resort community and people look to rent homes as well as stay in hotels, look in the back of any Ski, Skiing, Powder, Travel magazine. I hope you will reconsider and change your current ruling to allow short tern rentals again. )Jn Te ski 3000 Eaglebend Drive Stonebridge #5 Avon, CO 81620 951-553-5186 From: Harlan B Juengling <hb@energyequityservices.com> To: Rich Landry <Rjlandy2@aol.com>; tysonindenver@aol.com Subject Letter Sent to all council members Date: Thu, Jul 16.200911:30 am Thank you for your support/oonsideration of our initiative to change the short term rental restrictions in the Stonebridge development. Since the meeting last Tuesday, we have been in touch with members of our community development department in Avon. They have suggested that the council has encouraged them to develop a proposal that would modify the restrictions 0508, in some areas. They have been most helpful in explaining the situation and providing additional information. We are very pleased with the council's concern and responsiveness to the plight of the second home constancy. As you are aware, we believe that the restrictions on short term rentals cause financial distress in some cases and in other cases a crisis. From a property valuation standpoint, the restrictions limit the pool of potential buyers for our property who would be inclined to rent on a short term basis to pay the nominal cost of second home ownership. From a city of Avon prospective, the Increased tourist traffic generated by our short tern rentals contribute to sales tax revenues. If no one is in my house no one is spending money. Finally, the majority of us have done substantial improvements on our properties and use local contractors and pay permit fees to Avon. We are taking a proactive approach to be included in the new development zone by circulating a petition among our home owners. It is our goal to provide you and the rest of the council with that petition so that you can see our collective opinion. Stonebridge specific considerations: 1- Location to BC and mass transit that provides. 2- History of both short and log term rentals over ten years that I know about and probably since inception. Until the letters of 3 months ago, we did not even know of 0508 and the prohibition of short term rentals. 3- Being contiguous to a "lodge" on parcel 1 to the West We would not be a rental island in the residential community. 4 High percentage of non-resident second home owners. If you would like to discuss this further please feel -free to contact me at your connivence. Respectfully Submitted, HB ]uengling Stonebridge #3 303 884 5554 P.S. - Tyson's annual rental income quoted in the "Mountaineer", $50,000, was incorrect otherwise the two units on the market in Stonebride would be a steal. http://webmail.aol.com/43792/aol/en-us/maiUPrintMessage.aspx 7/17/2009 From: Chris Frerecks <chris@kineticknowledge.com> _ To: tysonindenver@aol.com Subject Stonebridge # 10 Date: Fri, Jul 17, 2009 4:42 pm Town of Avon Attn: City Council To whom it may concern at City Council Avon, I own a home owner in Stonebridge, which Is a private enclave on Avon CO. I own unit #10. I am in full support of the overlay to short term rentals, Ordinance #0508. I desperately need and would sincerely appreciate my rights as an Avon homeowner. Particularly, the following rights: . Home owners rights, in general . A severely devalued Investment . A difficulty to sell the home . And undermined tourist revenues, which are important to property values in general Chris Frerecks Skype: Frerecks (970) 471 3079 chris@kineticknowledge.com http://webmail.aol.com/43792/aoi/en-us/mail/PrintMessage.aspx 7/17/2009 Avon City Council Avon, Co 81620 July 17 2009 To Whom It May Concern: I am a property owner in Stonebridge. It has come to my attention that there is a prohibition against short term rentals in Avon. I would like to weigh in, in support of short term rentals. In these hard economic times, when communities are trying to devise ways to keep tax revenues up it makes the most sense to allow people to keep their homes and pay their taxes any way they can. If short term rentals help them financially I believe it is an easy solution. Please contact me if you need any additional information. My number is 970.845.8889. Cordially, Mary K. Bochain PO Box 2500 Edwards, Co 81632 To City Council Of Avon Colorado I am in complete compliance with restoring our rights to short term rent. Name Date Address <JUV (JNl7/ Phone number To City Council Of Avon Colorado I am in complete compliance with restoring our rights to short term rent. Name PAAO-I'7< �k �A-C-J>e Date `1 IA-� 1 of Addresses 42�(� Phone number 0 i Staff Report°J"'U` MINOR MODIFICATION AVO , N C 0 L O R A D 0 November 3, 2009 Planning & Zoning Commission meeting Report date: October 30, 2009 Project type: Modification to Final Design Approval Legal description: Lots 12 & 13, Block 3, Wildridge Subdivision Zoning: PUD Address: 4121 & 4123 Little Point Introduction The applicant, David Forenza of Forenza Contracting, representing the owners, Advanced Home Technologies, is proposing modifications to the previously approved design for this Wildridge property. At the Commission's November 20th, 2007 meeting, a Final Design application was reviewed and approved with conditions for the subject properties. A Building Permit application was subsequently submitted that included unapproved changes. At the Commission's August 15f, 2008 meeting a Minor Project application was approved for the aforementioned modifications. Those changes were limited to the placement of windows, doors and exterior building materials. At the Commission's September 15S, 2009 meeting another Minor Project application was reviewed for further modifications to the originally approved plan sets. The application was tabled at that meeting and was subsequently approved at the October 6th, 2009 meeting. The modifications included the removal of the chimneys, the addition of exterior privacy screens, and modifications to window and material placement. The current application is intended to remove the approved louvers from both duplexes on Lots 12 and 13. The louvers are currently approved on portions of the upper levels on the west and south elevations as well as within the courtyards on both Lots 12 and 13. The louvers are approved as a metal material and painted with a natural color. They will measure approximately five feet six inches (5' 6") deep and three inches (3") tall with the length dependent on their location. The approved louvers are to be placed approximately 9" apart from each other. Attached to this report are a vicinity map (Exhibit A) and images from the applicant (Exhibit B). Staff will provide full size sets at the meeting for your review. Design Review Considerations According to the Town of Avon Residential. Commercial. and Industrial Desian Review Guidelines, Section 7, the Commission shall consider the following items when reviewing the design of this project: Town of Avon Community Development (970) 740-4030 Fax (970) 949-5749 4 Lots 12/13, Block 3, Wildridge Subdivision— Design Modifications September 1, 2009 Planning & Zoning Commission meeting Page 2 of 3 1. The conformance with setbacks, massing, access, land use and other provisions of the Town of Avon Zonina Code. • Allowed use: Although the proposal does not affect the use of the subject property, it is zoned and currently being developed for residential land -uses. • Density. The current development is in compliance with the density and this application does not alter the number of units. • Lot Coverage: The lot coverage will not be affected by this application. • Setbacks: The proposed improvements will adhere to all required setbacks and easements. • Easements: As stated above, the proposal will not affect the platted easements. • Building Height. The proposal will not change the overall height of the project. • Grading/Drainage: There are no modifications to the approved grading or drainage. • Parking: There are no modifications proposed that will alter the approved number of parking spaces. 2. The general conformance with Goals and Policies of the Town of Avon Comprehensive Plan, and any sub -area plan which pertains. The proposal complies with the Town of Avon Comprehensive Plan. 3. Whether adequate development rights exist for the proposed improvements. As stated above, no modifications to the approved density are proposed and adequate development rights exist for the property. 4. The Minor Project is in general conformance with Sub -Sections A through D of the Residential. Commercial. and Industrial Design Guidelines. A. Site Development: o All of the proposed modifications appear to be in compliance with this section of the Design Guidelines. B. Building Design: o The design character of the approved buildings will be altered by this proposal. The approved louvers provide architectural interest to the buildings by breaking up the massing. The additional material would also provide variety throughout the various elevations. Finally, the approved louvers would create shading and shadows on the structures that would further enhance the architectural interest of the buildings. By removing the louvers from the structures, the overall architectural character will be lessened and the elevations will not be as interesting as previously approved. C. Landscaping: o There are no modifications to the approved Landscaping plan. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 I ;l Lots 12/13, Block 3, WildridgeSubdivision— DesignModifications H September 1, 2009 Planning & Zoning Commission meeting Page 3 of ,.,.,.,. D. Miscellaneous o None of the proposed modifications will be affected by these guidelines. S. The compatibility of proposed improvements with site topography, to minimize site disturbance, orient with slope, step building with slope, and minimize benching or other significant alteration of existing topography. The proposed improvements will not affect this review criterion. S. The appearance of proposed improvements as viewed from adjacent and neighboring properties and public ways, with respect to architectural style, massing, height, orientation to street, quality of materials, and colors. Staff has determined that the architectural style of the duplexes on the subject properties will be impacted negatively by the proposed modifications. 7. The objective that no improvement be so similar or dissimilar to others in the vicinity that monetary or aesthetic values will be impaired. No monetary or aesthetic values should be impaired with these modifications. 8. The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon. Staff finds general conformance with the Town of Avon's adopted Goals, Policies and Programs. Staff Recommendation Staff is recommending DENIAL of the application as proposed on Lots 12 & 13, Block 3, Wildridge Subdivision with the finding that it does not adhere to the Design Guidelines. Recommended Motion "I move to DENY the proposed modifications with the finding that the design does not adhere to the Design Guidelines." If you have any questions regarding this project or any planning matter, please call me at 748-4023, or stop by the Community Development Department. Respectfully submitted, —� Barnes Planner I Attachments A. Vicinity Map B. Image from the Applicant highlighting the modifications. C. Elevations showing the approved Louvers Town of Avon Community Development (970) 748-4030 Fax (970) 949.5749 :,� r�er�.:+iw!c�:rroantirevme��'. �r +x'+'+�a' obw ,QUM= APO 6A 9 c$ I a "3 � Z w vao Im it !. I, I ,I .I II •` ! 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I• It i !I � !'I . ••II li. •.� II•. I I II., •.I I I ill, II ;� •li II I •' I j •� I II I I� I �ll.. ;1• � li :.• it II �• 1 .. . II _ ! Jim . ' I I i..., til• � �3 l i . I I • ' I. II . •-� I . I a?Oj—d i10-,6; ,10—ILj�: 'I III III! I'., I I I lij �1 it . rr II 1111111 I �i � II .. ri 11 0 J Q w w D J N IM O la .II li II I I ' jl I� i3 II• 1� I II fl .� it II jl • ii �; ii J Q w w D J N IM O Other Business Reference materials for zoning interpretation, Lot 9, Block 5, Wildridge Subdivision and PUD (Planned Unit Development) Dantas Builders, Inc. 1936 W. Gore Creek Drive Vail Co 81657 Mike Dantas 970.376-5444 Attention: Matt Gannett On September 6, 2006 the Community Devek>pment Director of the town of Avon came up with what he thought the Zoning was for Lot 9 Block 5 Wildridge Subdivision. I believe that his conclusion was and is wrong. The zoning on the plat map says 8 units. I am asking for the zoning to be looked at for 8 single families. Thank You for your time, Q476KD Mike ��nt�a�j September 6, 2006 Liz Thompson Prudential 511 Lionshead Mall Vail, CO. 81657 VIA FACSIMILIE: 970.476.6499 (hardcopy to follow) RE: ZONING CERTIFICATION LETTER LOT 9, BLOCK 5, WILDRIDGE SUBDIVISION Liz You have asked this office to confirm the applicable zoning and use restrictions currently in effect on the above-mentioned property. The property is currently zoned as Planned Unit Development (PUD). There are eight (8) development rights assigned to the Property. The Final Plat (Replat Number 2, Final Subdivision Plat of Wildridge) for the Property was recorded on October 8, 1981. The eight (8) unit designation is 'multi -family' by definition and any building(s) constructed on said property must contain three (3) or more dwelling units. Please note that according to the Final Plat the property contains two roadway cut and fill slope easements could restrict development for "the purpose of access and maintenance by the Town of Avon." There are no Variances or Special Review Uses in effect on the Property. If you have any questions regarding this zoning letter or require further information please call 970.748.4030. Kind Regards, Eric Heidemann, AICP Community Development Director CC: 2006 Zoning Certification File F:ICorrespondenmWxemaUxWng CertifimNon'19 B5 Wlldwood Sub 2006.doc 17.16.010 Zone districts — created. In order to cavy out the purposes of this Title, the Town is divided into the following zone districts: (1) RSF: Residential Single -Family. (2) RD: Residential Duplex. (3) RLD: Residential Low Density. (4) RMD: Residential Medium Density. (5) RHD: Residential High Density. (6) RHDC: Residential High Density and Commercial. (7) NC: Neighborhood Commercial. (8) SC: Shopping Center. (9) TC: Town Center. (10) IC: Industrial and Commercial. (11) GPEH: Government, Park and Employee Housing. (12) OLD: Open Space, Landscaping and Drainage. (13) PUD: Planned Unit Development. (Ord. 91-10 §1(part)) 17.16.020 Zone districts — determination of uses. If a question arises as to whether a specific use does or does not come within any of the expressed use categories set forth in Section 17.16.010, any person may apply to the Planning and Zoning Commission, as established by ordinance of the Town, for a determination as to whether a specified use is an allowed or special review use, which determination shall be made on an analysis of the intention for the district and the compatibility of the proposed use with allowed and special review uses. (Ord. 91-10 §1(part))