TC Ord. No. 2002-13 Approving an amendment of the Wildridge planned unit development PUD for lots 47, 48 block 1 Wildridge subdivision TOA1120
TOWN OF AVON
ORDINANCE NO. 02-13
SERIES OF 2002
AN ORDINANCE APPROVING AN AMENDMENT OF THE
WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR
LOTS 47 AND 48, BLOCK 1, WILDRIDGE SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Tom Marcin and Mike Dantas have applied to amend the Wildridge PUD
to rezone Lots 47 and 48, Block 1, Wildridge Subdivision, to create three single-family lots (Lots
IOA, IOB, and IOC) and removing one (1) existing development right; 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
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WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public
hearing on May 21, 2002, at which time the applicant and the public were given an opportunity
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to express their opinions and present certain information and reports regarding the proposed
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PUD amendment; and
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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
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WHEREAS, after notices provided by law, this Council held a public hearing on the
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11~= day of la~ , 2002, at which time the public was given an opportunity to
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express their opinions regarding the proposed PUD amendment; and
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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:
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IATown Clerk\Council\Ordinances\Misc\Ord 02-13 L47,48 B 1 WR PUD amendment.doc
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.
2. That the amendment of the Wildridge PUD to rezone Lots 47 and 48, Block 1,
Wildridge 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 47A, 47B, and 47C, Block 1, Wildridge
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 Wildridge PUD to rezone Lots 47 and 48, Block 1, Wildridge
Subdivision, to create three single-family lots (Lots 47A, 47B, and 47C) and removing one (1)
existing development right is hereby approved with one condition:
1. Except as otherwise modified by this permit approval, all material representations made
by the applicant or applicant representative(s) in this application and in public hearing(s)
shall be adhered to and considered binding conditions of approval.
7911941
li = Page: 2 of 4
I,~ , , I ! 06 / 1 7!2002 04:59P
Sara J Fisher Eagle, CO 289 R 20.00 D 0.00
I:\Town Clerk\Council\Ordinances\Misc\Ord 02-13 L47,48 BI WR PUD amendment.doc
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this day of , 2002, and a public hearing shall be held at the
regular meeting of the Town Counci of the Town of Avon, Colorado, on the 11- day of,
2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Y~ ILI:
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ATTEST:
To 4 Cl rk
Town of Avon, Colorado
Town Council
May r
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED the I I4~ day of IdAA--., , 2002.
ATTEST:
Town of Avon, Colorado
Town Council
Ma r
1111111 jjjj~ Ill 11111 Jff Page : 3 of 4
Town 1 k
04:59P
Sara J Fisher Eagle. CC 299 R 20.00 D 0.00
APPROVED AS TO FORM:
-74~' ~
To Attorney
1:\Town Clerk\Council\Ordinances\Misc\Ord 02-13 L47,48 B1 WR PUD amendment.doc
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 11T" DAY OF JUNE 2002,
AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-13, SERIES OF 2002:
An Ordinance approving an amendment of the Wildridge Planned Unit Development
(PUD) for Lots 47 and 48, Block 1, Wildridge 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 7th day of June,
TOWN OF AVON, COLORADO
r BY:
P tty c envy
;e Town C erk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JUNE 7, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
Illlllillll!Iliftll'illillliflllll llilplll!f IIIIiIV
Sara J Fisher Eagle, CO 2P9 R 20.
798941
Page- 4 of 4
06 ' 17/7.002 0 4', 59P00 D 0.00
.
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Memo
To. Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager U/
From: Tambi Katieb, Community Developmen
Date June 5, 2002
Re: Second Reading of Ordinance 02-13, An Ordinance Amending the Wildridge
PUD for Lots 47 & 48, Block 1, Wildridge Subdivision (Public Hearing)
Summary
The applicants Tom Marcin and Michael Dantas own Lots 47 and 48, Block 1 in the
Wildridge Subdivision. They are seeking a PUD amendment in order to create three
single family lots. instead of two duplex lots, thus removing one development right from
these lots that are currently zoned for two units (a duplex) each. The applicant has
stated that the proposed single-family lots will be identical to the other single-family lots
in Wildridge as they relate to development standards (building height, lot coverage,
setbacks). They are also proposing using one access point for all three lots.
The Planning and Zoning Commission recommended approval of this PUD Amendment on
May 21, 2002 with conditions as attached on Planning and Zoning Resolution 02-07.
Accompanying this PUD amendment is an amended final plat, which will create the three
single-family lots and identify the new proposed access easement. The plat will be brought
to Council concurrently with the second reading of Ordinance 02-13..Council approved the
first reading of this ordinance on May 28, 2002.
Recommendation
Staff recommends that the Town Council pass Ordinance 02-13 on second reading,
amending the Wildridge PUD to rezone Lots 47 and 48, Block,1, Wildridge Subdivision, to
create three single-family lots (Lots 47A, 47B, and 47C) and removing one existing
development right from Lots 47 and 48.
Alternatives
1. Approve on Second Reading
2. Deny on Second Reading
Proposed Motion
"I move to approve on second reading Ordinance 02-13, approving an amendment to the
Wildridge PUD for Lots 47 & 48, Block 1, Wildridge Subdivision, Town of Avon, Eagle
County, Colorado.
Memo to Town Council, June 11, 2002 Page 1 of 2
Ordinance 02-13, Lots 47 and 48, Block 1, Wildridge PUD Amendment (Public Hearing)
Town Manager Comments C~
Attachments:
A. Ordinance 02-13
B. Planning and Zoning Commission Staff Report
C. Planning and Zoning Commission Resolution 02-07
D. Minutes from the May 21, 2002 Planning and Zoning Commission Meeting
Memo to Town Council, June 11, 2002 Page 2 of 2
Ordinance 02-13, Lots 47 and 48, Block 1, Wildridge PUD Amendment (Public Hearing)
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 11'" DAY OF JUNE 2002,
AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-13, SERIES OF 2002:
An Ordinance approving an amendment of the Wildridge Planned Unit Development
(PUD) for Lots 47 and 48, Block 1, Wildridge 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 7th day of June, 20.Q-.,._
TOWN OF AVON, COLORADO
S1-1A II
BY:
P6tty c envy
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JUNE 7, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
TOWN OF AVON
ORDINANCE NO. 02-13
SERIES OF 2002
AN ORDINANCE APPROVING AN AMENDMENT OF THE
WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR
LOTS 47 AND 48, BLOCK 19 WILDRIDGE SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Tom Marcin and Mike Dantas have applied to amend the Wildridge PUD
to rezone Lots 47 and 48, Block 1, Wildridge Subdivision, to create three single-family lots (Lots
10A, l OB, and I OC) and removing one (1) existing development right; 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 May 21, 2002, 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
day of . ~u-- , 2002, 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:\Town Clerk\Council\Ordinances\Misc\Ord 02-13 LA7,48 B1 WR PUD amendmentdoc
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.
2. That the amendment of the Wildridge PUD to rezone Lots 47 and 48, Block 1,
Wildridge 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 47A, 47B, and 47C, Block 1, Wildridge
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 Wildridge PUD to rezone Lots 47 and 48, Block 1, Wildridge
Subdivision, to create three single-family lots (Lots 47A, 47B, and 47C) and removing one (1)
existing development right is hereby approved with one condition:
1. Except as otherwise modified by this permit approval, all material representations made
by the applicant or applicant representative(s) in this application and in public hearing(s)
shall be adhered to and considered binding conditions of approval.
IATown Clerk\Council\Ordinanecs\Misc\Ord 02-13 iA7,48 BI WR PUD amendment.doc
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this 2--Q day of 2002, and a public hearing shall be held at the
regular meeting of the Town Counci of the Town of Avon, Colorado, on the \ 1 * day of,
2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
9 v., ° Town of Avon, Colorado
s Town Council
3
Ma r
ATTEST: CoiQR~®®
To Cl rk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED the day of 92002.
Town of Avon, Colorado
Town Council
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
IATown Clerk\Council\Ordinances\Misc\Ord 02-13 L47,48 B1 WR PUD amendmentdoc
i
TOWN OF AVON
•
PLANNING ZONING :COMMISSION
RESOLUTIONNO.02-07
SERIES OF 2002
A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL-OF THE TOWN OF
AVON APPROVAL OF A PUD AMENDMENT TO THE WILDRIDGE PUD FOR.LOTS
47 AND 489 BLOCK 1, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE.
COUNTY,.COLORADO.
W Tom Marcin and Mike Dantas have applied for an amendment to the Wildridge
PUD to create three single family lots on Lots 47 and 48, Block 1, Wildndge, removing
one existing development right on the lots and changing the designation from duplex to
single family; and
WBEREAS, after notices required by law, a public hearing on said application was held by
the Planning & Zoning Commission of the Town of Avon; and
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
PUD amendment for Lots 47 and 48, Block 1, Wildridge PUD, Town of Avon, Eagle
County, Colorado from duplex zoning for four (4) units on Lots 47 and 48 to three (3)
single-family lots on Lots 47A, 47B, and 47C, eliminating one (1) development right
from Lots 47 and 48 with the following conditions:
1/ Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in
public hearing(s) shall be adhered to and considered binding conditions of
approval.
0
ADOPTED THIS 21st DAY OF MAY, 2002
Signed:
Chris Evans, an
A:t'
Date: (2 l a Z
y~ Date: • 2l . C) Z
0
Secretary
is
•
Staff Report
PUD Amendment Vol
C O L O R A D O
May 21, 2002 Planning & Zoning Commission meeting
Report date May 16, 2002
Project type PUD Amendment
Legal description Lots 47 & 48, Block 1, Wildridge Subdivision
Current zoning Both lots zoned for duplex
Address 2420 & 2430 Saddle Ridge Loop
Introduction
The applicants, Tom Marcin and Michael Dantas, are requesting an amendment to the Wildridge
PUD zoning of `duplex' for these two existing lots to three lots zoned for `single-family',
resulting in a formal reduction of one dwelling unit to the PUD zoning. Accompanying this
PUD amendment request is a subdivision plat, which will formally acknowledge the amendment
and vacate the existing lot line to create three new single-family lots and the required access
easement.
Lot 48 received a final design approval in September 2001 for the construction of a duplex. The
access to the duplex in the approved design plans is now being proposed to serve the three new
single-family homes. Attached to this report is a letter outlining the development guide and the
merits of the proposal from the applicants.
PUD Design Criteria
According to the Town of Avon Zoning Code; Section 17.20.110, the following shall be used as
the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate
that 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 is consistent with the public interest.
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. Though most of
the lots in the immediate vicinity are zoned for multifamily and duplex, single family homes
with and without lock off units have been constructed in the area. Additionally, the
elimination of an additional driveway along Saddle Ridge Loop to access Lot 47 appears to
be a benefit to the Town.
Conversely, the Comprehensive Plan also calls for the inclusion of affordable housing within
the community (Policy C2.2) and it could be argued that each of the single family homes
should have an approved `lock-off unit included, not to be sold separately and restricted in •
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
a
Lot 47& 48, Block 1, Wildridge oubdivision, PUD Amendment
May 21, 2002 Planning & Zoning Commission meeting Page 2 of 4
size. This would effectively increase the density of this proposal over what currently exists
and what is being proposed. Staff can support either option.
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 will require final
design approval for each single-family home from 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.
The project should comply with the design compatibility of the immediate environment. The
immediate lots surrounding these properties are a combination of single family and duplex
homes. Each lot is required to apply for final design approval.
4. Uses, activity, and density provide a compatible, efficient, and workable relationship
with surrounding uses and activity.
The uses and density proposed are compatible with surrounding uses and activity. Changing
the use of the property from duplex to single family should be compatible with surrounding
uses, and the use of one access for all three lots is an efficient solution.
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 or mitigation measures are proposed or required with this
amendment.
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.
This application may provide a higher aesthetic quality since it will eliminate one
development right from Lots 47 and 48, however, it will add one separate structure. The
proposed P1JD has only one curb cut for three properties, which appears to be an efficient
solution for access. Project design will require a separate approval from the Town.
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. Traffic and access issues are minimized
through the use of one access point for all three lots.
8. Functional and aesthetic landscaping and open space in order to optimize and preserve
natural features, recreation, views and function.
Final site and architectural design will require separate approvals from the Town.
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.
Town of Avon Community Development (970) 748-4030 _ Fax. (970) 949-5749
Lot 47& 48, Block 1, Wildridge oubdivision, PUD Amendment
May 21,. 2002 Planning & Zoning Commission meeting Page 3 of 4
The applicant is proposing that the driveway and utility extensions will be constructed as
phase one of the PUD, with the.development of the residences being individually done. The
Final Plat accompanying this application will create an access easement for Lots B and C
through Lot A.. The extensive use of retaining walls is anticipated to create an access drive
for these lots, regardless of whether or not duplexes or single.family homes are constructed.
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 and should reduce potential traffic and an
additional road cut through the elimination one development right for the lot and the use of
one access drive for all three homes.
12. Development Standards
Setbacks:
Front: 25 feet from Saddle Ridge Loop.
Rear: 10 feet.
Side: 10 feet. -
Height: 35 foot maximum. •
Density: 1 single-.family home per lot, for a total of 3 homes.
Site Coverage: 50% maximum.
Landscaping: 25% minimum.
Staff Comments
Staff believes that the reduction of one unit in density and the change from duplex homes to
single family homes will generally conform to the construction of single-family homes in the
immediate vicinity. There will be one more independent structure on site, but the massing of
each structure will likely be smaller than two duplexes because of the new lot constraints.
Additionally, the use of one access drive for all three homes appears to be an efficient solution
considering the grades encountered from Saddleridge Loop.
Staff would consider recommending further restrictions on building sizes and specific building
envelopes if the applicant was asking for different development standards (such as setbacks,
building height), but since none are being applied for, staff sees no compelling reason to impose
such restrictions on each lot as proposed.
Staff Recommendation
I move to approve Resolution 02-07 recommending to the Town Council approval of the
application for an amendment to Lot 47 and 48, Block 1, Wildridge PUD, Town of Avon, Eagle
County, Colorado from duplex zoning for four (4) units on Lots 47 and 48 to three (3) single- . •
family lots on Lots 47A, 47B, and 47C, eliminating one (1) development right from Lots 47 and
48 with the following conditions:
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 47& 48, Block 1, Wildridge oubdivision, PUD Amendment
$ May 21, 2002 Planning & Zoning Commission meeting Page 4 of 4
1. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in public
hearing(s) shall be adhered to and considered binding conditions of approval.
Recommended Motion
Approve Resolution 02-07, recommending to the Town Council to approve the PUD
Amendment for Lots 47 and 48, Block 1, Wildridge PUD, Town of Avon, Eagle County,
Colorado from duplex zoning for four (4) units on Lots 47 and 48 to three (3) single-family lots
on Lots 47A, 47B, and 47C, eliminating one (1) development right from Lots 47 and 48 with the
following conditions:
1. Except as otherwise modified by this permit approval, all material representations made
by the applicant or applicant representative(s) in this application and in public hearing(s)
shall be adhered to and considered binding conditions. of approval.
If you have any questions regarding this project or any planning matter, please call me at 748-
4002, or stop by the Community Development Department.
Respectfully submitted,
Tambi Katieb, AICP
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Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
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LOTS 47 AND 46 WILDRIDGE
TOWN OF AVON
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~m AVON, COLORADO 91620
TOWN OF AVON
EAGLE COUNTY. COLORADO 970-746-0274