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TC Ord. No. 1985-13ORDINANCE NO. 85 - 13 AN ORDINANCE AMENDING ORDINANCE NO. 84-9 TO CAUSE AMENDMENT OF THE ZONING MAP OF THE TOWN OF AVON AS IT PERTAINS TO WILD- RIDGE SUBDIVISION, A SPECIALLY PLANNED AREA. WHEREAS, Coyote Construction and Development has applied to have the Zoning Map amended as it pertains to the density allowed in Lot 56, Block 2, Wildridge Subdivision; and WHEREAS, public hearings have been held by the Planning Commission of the Town of Avon, pursuant to notices required by law, at which the applicant and the public were given an opportunity to express their opinions regarding the proposed amendments; and WHEREAS, following such public hearings, the Planning Commission forwarded reports and recommendations on the proposed amendment to the Town Council; and WHEREAS, after notice provided by law, a public hearing was held before this Council, at which time the applicant and the public were given an opportunity to express their opinions regarding the proposed amendment; and WHEREAS, based upon the evidence, testimony, and exhibits, and a-study of the Master Plan of the Town of Avon and the recommendations of the Planning Commission of the Town of Avon, this Council finds as follows: 1. The proper posting, publication, and public notice was provided as required by law for the hearings before the Planning Commission and the Town Council of the Town of Avon. 2. The hearings before the Planning Commission and the Town Council were both extensive and complete and all pertinent facts, matters and issues were submitted at those hearings. 3. The proposed amendment to the Zoning Map of the-Town of Avon is consistent with the Master Plan of the Town of Avon. 4. The requested amendment to the Zoning Map of the Town of Avon will be in the best interest of the health, safety, welfare and morals of the citizens of the Town of Avon. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN.COUNCIL OF THE TOWN OF AVON, COLORADO, AS FOLLOWS: Section 1. Amendment, Section 2 of Ordinance No.- 84-9 is amended to read as follows: "Section 2. The Zoning Map of the Town of Avon and the Specially Planned Area Plan for Wildridge Subdivision shall be and hereby are amended to reflect that Lot 5,6, Block 2, Wildridge Subdivision, shall-have a density of four residen- tial,units, which units may be'fractionalized pursuant to chapter 17.22 of the Municipal Code, as amended." Section 2. Effective Date. The amendment to Specially Planned Area Plan for Wildridge Subdivision, and the Zoning Map'of the Town of Avon provided for herein shall take effect in accordance with the charter and the ordi- nances of the Town of Avon, and the Mayor'and•the Town.Clerk are hereby "directed and authorized to execute such documents as may be required"to reflect-the' amendment herein au- thorized, and to file a certified.copy of.such document with the Clerk and Recorder for Eagle County, Colorado. INTRODUCED, PASSED ON FIRST READING, A; POSTED, THIS ' day of and a public hearing on this Ordinance regular meeting of the Town Council of Colorado, on the day of 7:30 P.M. in the Municipal Building of Colorado. PPROVED AND-ORDERED , 1985 shall be held at the the Town of Avon, , , 1985 at the Town of Avon, Allan R.-Nottingham, Mayor ATTEST: Patricia J. Doyle Town Clerk • E INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this day of , 1985. ATTEST: Patricia J. Doyle Town Clerk Allan R. Nottingham, Mayor MEMO • TO: Bill James FROM: Norm Wood RE: Ordinance No. 85-13 Lot 56, Block 2, Wildridge - SPA Plan Amendment Ordinance No. 84-9, which was approved on second reading July 10, 1984, established an amendment to the SPA Plan to reflect that Lot 56, Block 2, Wildridge Subdivision, is limited to use for two duplex residential structures. The applicant has requested approval of an amendment to the SPA Plan which would change the allowed development from two duplex residential structures, which can not be fractionalized, to four residential units, which can be fractionalized. This would be accomplished by the adoption of Ordinance No. 85-13. In order to be consistent with past actions regarding requested zone changes, the following actions are recommended: June 11, 1985: Town Council adopt Ordinance No:'~85-13 on first reading; June 13, 1985: Planning and Zoning Commission hold Public Hearing on Ordinance No. 85-13 and, at conclusion of Public Hearing, formulate recommendation to Town Council with regard to requested SPA Plan amendment; June 25, 1985: Town Council hold Public Hearing, then, after considering recommendations from Plan- ning and Zoning Commission and information received at Public Hearing, act on Ordinance No. 85-13. The required Notices of Public Hearing have been mailed and posted for the Public Hearing to be held by the Planning and Zoning Commission. RECOMMENDED ACTION: Approve Ordinance No. 85-13, on first reading, and refer it to the Planning and Zoning_Commission, for Public Hearing and review, at June 13, 1985, meeting. TO: BILL JAMES FROM: NORM WOOD / DATE: JUNE 20, 1985 RE: ORDINANCE 85-13 ZONE CHANGE - SPA PLAN AMENDMENT LOT 56, BLOCK 2, WILDRIDGE i At the June 13, 1985, regular meeting of the Planning and Zoning Commission, a public hearing with regard to proposed SPA Plan Amendment for Lot 56, Block 2, Wildridge was held. The proposed plan as contained in Ordinance 85-13 allows four residential development rights which may be fractionalized rather than the development of two duplex units, which may not be fractionalized, as allowed under the current plan. Upon completion of the public hearing and review of the proposed SPA Plan Amendment, the Planning and Zoning Commission recommends Town Council approve the amended SPA Plan by the adoption of Ordinance 85-13. NW/ j e STAFF REPORT TO PLANNING & ZONING COMMISSION - 6/13/85 Lot 56, Block 2, Wildridge Subdivision Zone Change - SPA Plan Amendment Ordinance No. 85-13 INTRODUCTION: Coyote Construction and Development, owner of Lot 56, Block 2, Wildridge, has requested an Amendment to the approved SPA development plan. The current SPA Plan is for the development of 2 duplex units which may not be fractionalized. The requested plan amendment would allow 4 residential units which could be fractionalized.~ Per Section 17.20.070 of the Municipal Code, SPA plans may only be amended as a zone change. The proposed zone change would be accomplished'by the adoption of Ordinance No. 85-13. PROCEDURE: The procedure for SPA Plan Amendments or Zone Changes are outlined as follows: 1. Written notice of Public Hearing to-owners of property within 300 feet of proposed zone change; 2. Public Hearing before the Planning and Zoning Commission; 3. Report and recommendations from Planning and Zoning Commission to Town Council; 4. After receiving report, Town Council shall hold a public hearing and act on proposed amendment. STAFF COMMENTS: The required notices of public hearing have been mailed; the required fee has been paid and Ordinance 85-13 has been scheduled for first reading on June 11, 1985. Second reading is tentatively scheduled for the June 25, 1985 Council meeting pending report and recommendations from the Planning and Zoning Commission. Information or drawings are not complete for a full design review. The schematic drawings do indicate that on-site parking and other requirements can be met. If proposed plan amendment is approved, approval should be contingent uDon resubmittal for"design review and approval. Staff Report Lot 56, Block Zone Change - Ordinance No. Page 2 of 2 i • to Plannina & Zoning Commission - 6/13/85 2, Wildridge Subdivision SPA Plan Amendment 85-13 STAFF COMMENTS, CON'T.:.- The following criteria is suggested for reviewing the requested SPA Plan Amendment: 1. Compliance with Master Plan as it currently exists; 2. Compatibility of proposed plan as it relates to neighboring properties; 3. Compatibility of proposed plan with site. RECOMMENDED PROCEDURES: 1. Introduce requested action; 2. Open Public Hearing; 3. Close Public Hearing; 4. Consider application and information from,Public Hearing; 5. Formulate report and recommendations to Town Council. Respectfully Submitted, Norm Wood Director of Engineering and Community Development Planning and Zoning Action: Approved as Submitted ( ) Approved with Recommended Conditions ( ) Approved with Modified Conditions ( ) Continued ( ) Denied ( ) Withdrawn ( ) Date Patricia Cuny, Secretary NW/mml W. Geoffrey Jewett 7954 S. Cedar Circle Littleton, CO 80120 June 19, 1985 Avon Town Council c/o Avon Town Clerk Box 975 Avon, Colorado 81620 Dear Sir: I am a property owner in the Wildridge Subdivision in Avon and I have great concern regarding the proposed fractionalization of Lot 56 Block 2. I am very much a proponent of development in the subdivision provided that it falls within the parameters set forth by the recorded protective covenants of the subdivision. It is my understanding that the owners of Lot 56 Block 2 have requested a fractionalization of their development rights which would provide for five units with 800 square feet of gross residential floor area each. This is in direct violation of the covenants which prohibit buildings with living units of less than 1,200 square feet of gross residential floor area. One of the major reasons for my purchasing a lot in Wildridge was the restrictive nature of the covenants which were created to uphold the value of real estate within the subdivision. I strongly urge you to uphold what I consider to be one of the major restrictions on the use of the land in the Wildridge Subdivision. Sincerely, ✓w A . Geoffrey Jewett WGJ/ j 1 p cc: Mike Blair Sent Certified Mail LAW OFFICES COSGRIFF, DUNN & ABPLANALP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS PETER COSGRIFF JOHN W. DUNN ARTHUR A. ASPLANALP, JR. TIMOTHY H. BERRY ALLEN C. CHRISTENSEN P. O. BOX 340 VAIL,COLORADO 81658 (303) 476-7552 October 24, 1985 COSGRIFF, DUNN & BERRY P. O. BOX II L£ADVILLE, COLORADO 80461 (303) 486-1885 Mr. William James Town Manager Town of Avon Post Office Box 975 Avon, Colorado 81620 Re: Coyote Ridge Condominiums, Lot 56, Block 2, Wildridge Subdivision Dear Bill: This office has been requested to review, on behalf of the Town of Avon, the Condominium Declaration, Articles of Incorporation and By-Laws and the proposed Condominium Map in association with the above condominium. it must be emphasized that this review was accomplished solely to assist the Town of Avon and that it was not made for, on behalf of, nor is it to be'relied upon by the owner or future purchasers of the properties involved, nor'any other person or-entity other than the Town of Avon. In reviewing these documents, I have concluded that the following comments are appropriate: Condominium Declaration 1. The Condominium Declaration appears to contem- plate construction of.the second of the two buildings involved in the property, subsequent to recordation of this Declaration. While there are several reservations relating to amendments, there appears to be no reservation reserving to declare the right to amend the plat to identify the condominium units created through the construction of the second building. While paragraph 26 of the Declaration reserves the right for the declarant to construct two additional buildings, that reservation does not extend to amending the condominium map or modifying the percentages which were to be identified on exhibit B. 2. While the Condominium Declaration assumes that there is a division of percentage interest.based upon a plat, and in fact refers, at paragraph 2a, to an exhibit B which is to identify the respective interest, there is no PROFESSIONAL CORPORATIONS ARE PETER COSGRIFF, P. C. AND TIMOTHY H. BERRY, P. C. IN LEADVILLE, DUNN & ASPLANALP, P. C. IN VAIL. Mr. William James October 24, 1985 Page 2 such identification or exhibit B submitted to the Town. It may be assumed that the declarant is reserving to himself the percentage interest which will eventually be assigned to the third and fourth condominium units, but there is no reference to that question in the document or any suggestion as to how that is to be handled. Articles of Incorporation 1. The Articles of Incorporation appear to be satisfactory. By-Laws 1. The By-Laws of the Association appear to be satisfactory with the minor except that the reference to the Town of Avon contained in the first paragraph contains the wrong zip code. Condominium Map The comments of Ray Wright have been reviewed, and we will not reiterate those comments. Additionally, it should be observed that the plat you have is identified as a plat of Coyote Ridge Condominiums - Phase I. If the plat is identified as such, it will leave the Town with an unplatted portion of Lot 56, Block 2, Wildridge. We would recommend that the plat under consideration be a plat of the entirety of Lot 56, identifying the undeveloped portion of the lot as Phase II, but making Phase II subject to the reservation permitting amendment as discussed above. Should you have any quest eaks,.,tegaxaing these comments, please do not hesitate-'to contact' me. Your very' truy,`~ --Arthur A. Abplanalp, Jr. AAAJr:ggt cc: Norm Wood Town of Avon Intermountain Engineering, Ltd.