TC Ord. No. 2001-09 Approving an amendment of the mountain star planned unit development PUD for lots 27 and 24 mountain star subdivision TOATOWN OF AVON
ORDINANCE NO. 01-09
SERIES OF 2001
AN ORDINANCE APPROVING AN AMENDMENT OF THE
MOUNTAIN STAR PLANNED UNIT DEVELOPMENT (PUD)
FOR LOTS 27 AND 24, MOUNTAIN STAR SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Richard Rogel has applied to amend the Mountain Star PUD for Lots 27
and 24, Mountain Star Subdivision; and
WHEREAS, the proper posting, publication and public notices for the hearings before
the Planning & Zoning Commission of the Town of Avon were provided as required by law; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public
hearing on September 4, 2001, at which time the applicant and the public were given an
opportunity to express their opinions and present certain information and reports regarding the
proposed PUD amendment; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded its recommendations on the proposed PUD amendment to the Town Council of the
Town of Avon; and
WHEREAS, after notices provided by law, this Council held a public hearing on the
-r5 day of September , 2001, at which time the public was given an opportunity
to express their opinions regarding the proposed PUD amendment; and
WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the
Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows:
1. The hearings before the Planning & Zoning Commission and the Town Council
were both extensive and complete and that all pertinent facts, matters and issues
were submitted at those hearings.
F:\Council (c)\Ordinances\200 I \Ord 01-09 L27,24 MTST PUD amendmentvldoc
2. That the amendment of the Mountain Star PUD for Lots 27 and 24, Mountain Star
Subdivision is consistent with goals and objectives of the Town's Comprehensive
Plan, is compatible with surrounding neighborhood and is consistent with the
public interest.
3. That the development standards for Lots 27 and 24, Mountain Star Subdivision
comply with each of the Town of Avon's PUD design criteria and that this
proposed development is consistent with the public interest.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, THAT:
The amendment to the Mountain Star PUD for Lots 27 and 24, Mountain Star Subdivision is
hereby approved, with the following condition:
1. That this PUD amendment is conditioned upon the approval of the resubdivision of Lots 27
and 24 to combine its portions into Lot 27.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this I- day of September, 2001, and a public hearing shall be held at the regular
meeting of the Town Council of the Town of Avon, Colorado, on the -2 F, day of September,
2001, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
y Yoder, a r
T:
Kris Nash, Town Clerk
FACouncil (c)\Ordinances\2001\Ord 01-09 L27,24 MTST PUD amendmentv1doc
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED.
Town of Avon, Colorado
Town Council
Ju Yoder, ayor
APPROVED AS TO FORM:
Burt Levin, Town Attorney
FACouncil (c)\Ordinances\2001\Ord 01-09 L27,24 MTST PUD amendmentvldoc
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 25th DAY OF
SEPTEMBER 2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 01-09, SERIES OF
2001:
An Ordinance Approving an Amendment of the Mountain Star Planned Unit Development
(PUD) for Lots 27 and 24, Mountain Star Subdivision, Town of Avon, Eagle County, Colorado
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 12th day of September 2001.
TOWNPF AVON, COLORADO
BY:
Kfi ash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
SEPTEMBER 14`x', 2001:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
Memo
To. Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager~t
Fran: Ruth Borne, Director of Community Development„
Eric Johnson, Planning Technician
Date September 20, 2001
Re: Second Reading of Ordinance 01-09, An Ordinance Amending the Mountain
Star PUD for Lots 27 and 24, Mountain Star Subdivision
Summary
Lots 27 and 24 of the Mountain Star Subdivision are owned by Richard Rogel. He intends
to vacate the lot line between Lot 27 and Lot 24 to create a larger Lot 27. The Rogel
residence has been built on Lot 27 and Lot 24 is a vacant lot. Lot 24's development rights
would be vacated leaving the larger Lot 27 with one development right. The Mountain Star
Homeowners Association amended their Declarations on July 31, 2001 (Sixth
Supplemental Amendment) to acknowledge the loss of one development right on Lot 24
and the creation of the larger Lot 27.
On September 4, 2001 the Planning and Zoning Commission approved Resolution 01-08,
recommending approval to the Town Council for the PUD Amendment. On September 11,
2001 the Town Council approved the first reading of Ordinance 01-09, amending the
Mountain Star PUD for Lots 27 and 24.
Recommendation
Staff recommends that the Town Council pass Ordinance 01-09, amending the Mountain
Star PUD for Lots 27 and 24, Mountain Star Subdivision.
Alternatives
1. Approve
2. Approve with conditions
3. Deny the application in whole or in part
Proposed Motion
"I move to approve on second reading Ordinance 01-09, approving an amendment to the
Mountain Star PUD for Lots 27 and 24, Mountain Star Subdivision, Town of Avon, Eagle
County, Colorado. "
Memo to Town Council, September 25, 2001 Page 1 of 2
Ordinance 01-09, Amend Lot 27 MTST PUD
Town Manager Comments
Attachments:
A. Ordinance 01-09
B. Planning and Zoning Commission Staff Report
C. Planning and Zoning Commission Resolution 01-08
Memo to Town Council, September 25, 2001 Page 2 of 2
Ordinance 01-09, Amend Lot 27 MTST PUD
Town of Avon
PUD Staff Report
September 4, 2001 Planning & Zoning Commission Meeting
Report Date August 30, 2001
Project Type Planned Unit Development Amendment
Legal Description Lots 24 & 27, Mountain Star Subdivision
Current Zoning Planned Unit Development (PUD) (2 Single Family
Lots)
Address 1428 Paintbrush
Introduction
The applicant, Richard Rogel, owns Lots 24 and 27 in the Mountain Star Subdivision. He is
seeking a PUD amendment in order to combine both lots, thus removing a development right
from Lot 24 and creating a larger Lot 27. His residence is constructed on Lot 27.
Accompanying this PUD amendment is an amended final plat which will vacate the lot line
between these two properties.
PUD Design Criteria
The following design criteria shall be used as the principal criteria in evaluating a PUD. It shall
be the burden of the applicant to demonstrate submittal material and the proposed development
plan comply with each of the following design criteria or demonstrate that one or more of them
is not applicable or that a particular development solution consistent with the public interest has
been achieved.
1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives.
Policy A1.3 of the Comprehensive Plan encourages the use of PUDs where it will provide a
benefit to the community and is compatible with surrounding development.
2. Conformity and compliance with the overall design theme of the town, the sub-area
design recommendations and design guidelines of the Town.
The application complies with the general design theme of the town and the Mountain Star
design guidelines. The project has received approval from the Mountain Star DRB and
Homeowners Association and the protective covenants have been amended to accommodate
this application.
3. Design compatibility with the immediate environment, neighborhood and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character and orientation.
The project complies with the design compatibility of the immediate environment. The
existing home on Lot 27 has been approved by the Design Review Board.
4. Uses, activity and density which provide a compatible, efficient, and workable
relationship with surrounding uses and activity.
Uses and density proposed are compatible with surrounding uses and activity.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Mountain Star PUD Amendment
Lots 24 and 27, Mountain Star Subdivision
September 4, 2001 Planning & Zoning Commission meeting Page 2 of 3
5. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
No further disturbances are proposed with this amendment.
6. Site plan, building design, 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.
This application will provide a higher aesthetic quality, since it will eliminate a development
right on Lot 24 and provide a significant amount of open space.
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.
Circulation is not an issue with this amendment.
8. Functional and aesthetic landscaping and open space in order to optimize and preserve
natural features, recreation, views and function.
The creation of a large lot will enhance and preserve natural features and views.
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.
No phasing plan accompanies this application. A residence has already been constructed on
Lot 27.
10. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks and police and fire protection.
Public services are adequate.
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.
This application will not generate additional traffic.
12. Development Standards
Setbacks:
Front: Variable.
Rear: Variable.
Side: Variable.
Height: PUD guide: 28'.
Density: 1 unit per 2.01 acres (Lot 27) / 1 unit per 4.24 acres (Combined Lot 27/24)
Site Coverage: 4.5% as proposed (Combined Lot 27/24)
Landscaping: 90%+ as proposed (Combined Lot 27/24).
Town of Avon Community Development 970) 748-4030 Fax (970) 949-5749
Mountain Star PUD Amendment
Lots 24 and 27, Mountain Star Subdivision
September 4, 2001 Planning & Zoning Commission meeting Page 3 of 3
Staff Comments
Staff supports the PUD Amendment as proposed. The Mountain Star Homeowners Association
amended their Declarations on July 31, 2001 (Sixth Supplemental Amendment) to acknowledge
the loss of one development right on Lot 24 and the creation of a larger Lot 27. Accompanying
this amendment will be an amended final plat to finalize the lot line vacation.
Staff Recommendation
Staff recommends approval of the PUD Amendment to remove a development right from Lot 24,
vacating the lot line between Lots 24 and 27 and creating a larger Lot 27.
Recommended Motion
I move to approve Resolution 01-08 recommending to the Town Council approval of the
application for an amendment to the Mountain Star PUD to establish Lot 27 as a single-family
lot, vacating the lot line between existing Lot 27 and Lot 24 and eliminating Lot 24.
If you have any questions regarding this project or anything in this report, please call me at
748.4413 or stop by the Community Development Department.
Respectfully submitted,
Eric Johnson
Town of Avon Community Development 970) 748-4030 Fax (970) 949-5749
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TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 01-08
SERIES OF 2001
A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF
THE TOWN OF AVON APPROVAL OF A PUD AMENDMENT TO THE
MOUNTAINSTAR PUD FOR LOT 27 AND LOT 24, MOUNTAIN STAR
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Richard Rogel has applied for an amendment to the Mountain Star PUD to
combine Lot 27 and Lot 24 into a single-family lot.
WHEREAS, after notices required by law, a public hearing on said application was held by
the Planning & Zoning Commission of the Town of Avon.
WHEREAS, said application is consistent with all legal requirements.
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends to the Town Council of the Town of Avon approval of the application
for amendment to the Mountain Star PUD to establish Lot 27 as a single-family lot,
vacating the lot line between existing Lot 27 and Lot 24 and eliminating Lot 24.
ADOPTED THIS 4th DAY OF SEPTEMBER, 2001
XSigne Date:y r~ /
ans, Chair
Attest
Date:
Paul Klein, Secretary
n t
Memo
To. Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Ruth Borne, Director of Community Development
Eric Johnson, Planning Technician
C/
Date September 5, 2001
Re: First Reading of Ordinance 01-09, An Ordinance Amending the Mountain
Star PUD for Lots 27 and 24, Mountain Star Subdivision
Summary
Lots 27 and 24 of the Mountain Star Subdivision are owned by Richard Rogel. He intends
to vacate the lot line between Lot 27 and Lot 24 to create a larger Lot 27. The Rogel
residence has been built on Lot 27 and Lot 24 is a vacant lot. Lot 24's development rights
would be vacated leaving the larger Lot 27 with one development right. The Mountain Star
Homeowners Association amended their Declarations on July 31, 2001 (Sixth
Supplemental Amendment) to acknowledge the loss of one development right on Lot 24
and the creation of the larger Lot 27. On September 4, 2001 the Planning and Zoning
Commission approved Resolution 01-08, recommending approval to the Town Council for
the PUD Amendment.
Recommendation
Staff recommends that the Town Council pass Ordinance 01-09, amending the Mountain
Star PUD for Lots 27 and 24, Mountain Star Subdivision.
Alternatives
1. Approve
2. Approve with conditions
3. Deny the application in whole or in part
Proposed Motion
"I move to approve on first reading Ordinance 01-09, approving an amendment to the
Mountain Star PUD for Lots 27 and 24, Mountain Star Subdivision, Town of Avon, Eagle
County, Colorado. "
Town Manager Comments
CO G t- ✓
Memo to Town Council, September 11, 2001 Page 1 of 2
Ordinance 01-09, Amend Lot 27 MTST PUD
f
Attachments:
A. Ordinance 01-09
B. Planning and Zoning Commission Staff Report
C. Planning and Zoning Commission Resolution 01-08
Memo to Town Council, September 11, 2001 Page 2 of 2
Ordinance 01-09, Amend Lot 27 MTST PUD