TC Ord. No. 2013-07 Minor PUD June Creek CornerTOWN OF AVON, COLORADO
ORDINANCE 13 -07
SERIES OF 2013
AN ORDINANCE APPROVING A MINOR PUD AMENDMENT FOR "JUNE CREEK
CORNER" ON LOT 25, BLOCK 2, WILDRIDGE SUBDIVISION, TOWN OF AVON,
EAGLE COUNTY, COLORADO
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, George Plavec (the "Applicant" and the "Owner ") has submitted a Minor
PUD amendment ( the "Application ") to modify the platted development rights to allow for the
construction of two (2) duplex structures on the subject property in the place of one (1) fourplex
structure; and
WHEREAS, the Planning and Zoning Commission held a public hearing on May 7, 2013
after posting notice of such hearings in accordance with the requirements of Section 7.16.020(d),
Step 4: Notice, Avon Municipal Code, and considered all comments provided before taking
action; and
WHEREAS, the Planning and Zoning Commission recommended to the Town Council
approval of the Application through the Planning and Zoning Commission Findings of Fact,
Record of Decision, and Recommendations, signed May 9, 2013; and
WHEREAS, pursuant to Section 7.16.060(e)(4), Review Criteria, and Section 7.16.070(0,
Final Plat Review Criteria, Avon Municipal Code, the Town Council has considered the
applicable review criteria for the Application; and
WHEREAS, the Town Council held public hearings on May 28, 2013 and June 11, 2013
after posting notice of such hearing in accordance with the requirements of Section 7.16.020(d),
Step 4: Notice, Avon Municipal Code, and considered all comments provided before taking
action; and
WHEREAS, the Town Council finds that the health, safety and welfare of the Avon
community will be enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter 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 this ordinance.
Ord. 13 -07 June Creek Corner PUD Amendment — Lot 25, Block 2, Wildridge
June 11, 2013 Town Council Meeting
Page 1 of 4
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. June Creek Corner Minor PUD Amendment. The June Creek Corner Minor
PUD Amendment application for Lot 25, Block 2, Wildridge Subdivision is hereby approved
subject to the following conditions:
(1) The building footprints are limited to 3,600 gross sq. ft. (including garage).
(2) Building separation will be at least fifteen feet (15') between structures.
Section 3. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and 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 4. Severa!2j i . 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 5. Effective Date. This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. 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
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 7. 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 at the Avon Town Hall,
Avon Recreation Center and Avon Public Library, 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. The Town Clerk is further ordered to publish a notice stating a
Ord. 13 -07 June Creek Corner PUD Amendment — Lot 25, Block 2, Wildridge
June 11, 2013 Town Council Meeting
Page 2 of 4
vested property right has been created in accordance with Section 7.16.140(d)(2) of the Avon
Municipal Code.
Section 8. Final Action. Approval and final adoption of this Ordinance on second reading
constitutes the Town's final action for the purposes of any appeal, legal challenge or referendum
seeking reconsideration of the decision of the Town Council with respect to this Ordinance and
matters approved hereby in accordance with Section 7.16.020(f)(5) of the Avon Municipal Code
and in accordance with Chapters VI and VII of the Avon Home Rule Charter.
[EXECUTIONPAGE FOLLOWS]
Ord. 13 -07 June Creek Corner PUD Amendment — Lot 25, Block 2, Wildridge
June 11, 2013 Town Council Meeting
Page 3 of 4
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED on
May 28, 2013 and a public hearing on this ordinance shall be held at the regular meeting of the
Town Council on June 11, 2013, at 5:30 P.M. in the Council Chambers, Avon Municipal
Building, One Lake Street, Avon, Colorado.
Rich Carroll, 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.
O�o
ATTEST:
Mc nny, To k
Ord. 13 -07 June Creek Corner PUD Amendment — Lot 25, Block 2, Wildridge
June 11, 2013 Town Council Meeting
Page 4 of 4
To:
From:
Date:
Agenda Topic:
Introduction
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a;, ati
TOWN COUNCIL REPORT
Honorable Mayor Rich Carroll and Avon Town Council
Matt Pielsticker, AICP, Senior Planner
June 6, 2013
Second Reading of Ordinance 13 -07, Approving a Minor PUD Amendment for Lot 25,
Block z, Wildridge Subdivision
The Applicant, George Plavec, is requesting a Planned Unit Development (PUD) Amendment
( "the Application ") to modify the allowed building type for Lot 25, Block 2, Wildridge Subdivision
( "the Property "). Currently, four (4) dwelling units, in the form of a Fourplex building, is
permitted by right. The proposal is for the ability to develop the Property with two (2) duplexes.
The application is being processed as a Minor PUD Amendment.
Attached to this report is a Vicinity Map (Attachment A), the Application (Attachment B), PZC
"Finding of Fact, Record of Decision, and Recommendation" (Attachment C), written Public
Comments (Attachment D), and draft Ordinance (Attachment E) No. 13 -07, which reflects PZC's
recommendation.
On May 28, 2013 Council approved the first reading of Ordinance No. 13 -07 with direction to make
minor changes to the allowable building footprint sizes. Council directed Staff to return for a
Public Hearing and second reading on June 11, 2013.
Application Process ( §7.i6.02o, AMC)
Minor PUD Amendment Process
This Application is processed under §7.16.o6o(h), Amendments to a Final PUD, Avon Municipal
Code ( "AMC "). This code section refers to §7.16.020(g), Minor Amendments, AMC; which allows
the Director to refer the Application to both the PZC and Town Council for public hearings.
Agency Referrals
Pursuant to AMC §7.16.020(c)(2), Referral to Other Agencies, AMC, Staff referred the Application
to the Eagle County Planning Department, Eagle River Water and Sanitation District, and the
Eagle River Fire Protection District for Comments. No outside agency comments were received.
Public Notification
In order to comply with the Public Hearing and pertinent noticing requirements, a mailed notice
was provided to all property owners within 300' of the property. The list of adjacent property
owners is included within the Application. Additionally, a notice was published in the Vail Daily
newspaper. Two written comments were received in response to the mailed notice. These
comments are attached to this report as Attachment C.
Public Hearings
The PZC held a public hearing at their May 7th, 2013 meeting. The PZC review and
recommendation is outlined elsewhere in this report. The Council will make the final decision on
this Application after two public hearings.
Background
Benchmark Properties created the Wildridge Subdivision in 1979, shortly after the incorporation
of the Town of Avon on February 28, 1978. The Plat was amended a few times with the most
recent version being "Wildridge Replat No. z ". According to the Wildridge Final Plat for Wildridge
and Wildwood Subdivisions (currently Mountain Star PUD and Subdivision), the overall
development concept was for "abundant open space recreation areas around lots" with a
density of "barely one dwelling unit per acre ".
Proposed PUD Amendment
The Property is zoned PUD and is included in the Wildridge Subdivision. Included in the Wildridge
Subdivision and PUD Plat is a Land Use Summary table, which breaks down the number of units
for each individual lot, and also summaries the type of construction permitted on each property.
On the following page (Exhibit 1) is an excerpt from the Wildridge PUD, with the pertinent
Property information highlighted in yellow. The Property is entitled four (4) units in the form of
one (1) Fourplex structure.
The Application (Attachment B) would modify the Land Use Summary table (Exhibit 1) to include
"z Duplexes" instead of "Fourplex," similarto Lot 39, Block 4, which is permitted "z duplexes or 1
Fourplex." All other zoning standards (i.e. setbacks, building height, and site coverage) would
remain the same; this property contains 25' front setbacks, lo' side /rear setbacks and a 35'
maximum allowable height. There are two fronts to the Property as it abuts two roads, Old Trail
and June Creek Roads.
The Application materials (Attachment B) includes a narrative, response to the mandatory review
criteria, and preliminary level design plans for a two (z) duplex development scenario. Also
included are two (2) Fourplex options with varied layouts intended to provide a massing
comparison of the proposal to the underlying zoning for the Property.
Ordinance 13 -07, Second Reading
Lot 25, Block 2, Wildridge -June Creek Corner PUD Amendment Page 2
Exhibit 1 - Wildridge Rep [at No. z - Land Use Summary
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PZC Review
The PZC held a public hearing on May 7th, 2013 regarding the Application. They discussed the
proposed Application with respect to the existing zoning, impacts on the property and
neighboring property, public input, and compliance with the applicable codes.
There were two public comments (Attachment C) received: one from Chad Anderson and one
from Larry Wolfe, both neighboring property owners. Chad voiced support for separating the
Fourplex into two (2) structures, and requested that the units be spread further apart to afford
views of the ski resort and New York Mountains. He also preferred a different driveway
configuration. Larry Wolfe voiced support for the Application as submitted.
Ordinance 33 -07, Second Reading
Lot 25, Block z, Wildridge — June Creek Corner PUD Amendment Page 3
Public comments were also received from Guy Cutia, representing Scott Black, an adjacent
property owner. His concerns were over building height and the possibility of restricting views.
The PZC discussed the public comments and recognized that there were no protected view
corridors in the subdivision. The Commission acknowledged that the building setbacks and the
building height were not changing with the proposal.
Ultimately the PZC approved a "Findings of Fact, Record of Decision, and Recommendation"
(Attachment D) with six (6) Findings and two (2) conditions. The conditions are as follows:
(1) The building footprints are limited to 3,400 gross sq. ft. (including garages).
(z) Building separation will be at least fifteen feet (15) between structures.
The recommended conditions of approval were added to guarantee that the "light and air" and
resulting advantages of separating the building into two structures are realized when the
property is developed. The footprint limitation for each structure is slightly larger than the
conceptual footprint design in the Application materials; the recommended building separation
(15') is a Development Code requirement and approximately four feet (4') more separation than
shown in the architectural plans. The conceptual duplex design in the Application shows a ten
foot, nine inch (lo'g ") building separation.
Staff Analysis
After the initial review of the Application, Staff worked with the Applicant to define acceptable
limitations on building footprint sizes, which would create operative building envelopes. This
type of approach not only affords the property owner some flexibility in the location of the
structures once detailed access design and building design are pursued, but these limitations also
ensure that increased space between structures will be realized.
Staff supports the Application as it would result in a reduced impact on the neighboring
properties, and allows for a flexible development pattern in the form of two (z) structures in
place of one (1). The massing is improved with more opportunity for building articulation and the
introduction of light and air between units. After reviewing the PUD review criteria below, Staff
(and PZC) finds the Application in conformance with the purpose of the development code; there
appears to be no added impact to neighboring properties. The development pattern in the area
is diverse, with emphasis on clustered single - family construction, duplexes, and one triplex
immediately to the south.
PUD Review Criteria
Pursuant to §7.16.o6o(e)(4), Review Criteria, AMC, the Council shall consider a number of review
criteria. The following criteria must be considered when acting on a PUD Amendment:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and /or
incorporates creative site design such that it achieves the purposes of this Development Code
and represents an improvement in quality over what could have been accomplished through
strict application of the otherwise applicable district or development standards. Such
Ordinance 13 -07, Second Reading
Lot 25, Block z, Wildridge —June Creek Corner PUD Amendment Page 4
improvements in quality may include, but are not limited to: improvements in open space
provision and access; environmental protection; tree /vegetation preservation; efficient
provision of streets, roads, and other utilities and services; or increased choice of living and
housing environments.
Staff Response: The stated purposes of §7.04, Development Code, AMC, and §7.16.060, PUD,
AMC, includes statements regarding the implementation of the Comprehensive Plan;
regulating intensity of use; avoiding increased demands on public services and facilities; and
providing for compatibility with the surrounding area, among other statements.
The proposed amendment does not increase demands on public services, and provides
compatible building layouts with the surrounding area. The Application also represents an
improvement in quality over what could have been accomplished through the strict
application of the "Fourplex" designation in the existing PUD.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
Staff Response: The Application does not negatively affect the public health, safety and
welfare. The inclusion of duplex structures on the Property is compatible with the adjacent
single - family, duplex, and multi - family residential uses.
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7.t6.o6o(b);
Staff Response: The proposed PUD amendment is part of an established PUD, and is therefore
not subject to the eligibility criteria, or Public Benefit requirements, outlined in §7.16.o6o(b).
Consistency with the Comprehensive Plan is required and analysis is provided below.
The Comprehensive Plan includes this property within District z4: Wildridge Residential District.
The planning principals specific to this property include the following:
• Redesig�7 the interseetiorr o /'Metccr! /'arnl Notti�a� ham RocrcJ.�•, crud im��lc�nten! thc� other
recommendations for District 4 to enhance the enfi -i7 to 11,71 like and provide: more:
direct access from the Town Centcr to PVilch-idge.
• Construct hicycle lanes alongA4etcalf'and Roads.
Promote a !rail s.vVem through open splice areas in Ifilth-idge to provide alter-natives
to the roadivgvs for pedestrian circulation and greater connection to the sw- rounding
open space.
• Preserve and enhance the existing open space !rails and explore the possibility of
developing additional parcel; into pocket pcn•L-.c.
• Acquire and maintain as public open space the U.S. Forest Service - owned Marcel
addjacent to I,Vilchlt ge that includes Beaver Creek Point.
Ordinance 13 -07, Second Reading
Lot 25, Block 2, Wildridge — June Creek Corner PUD Amendment Page 5
e Add an alternative or second access rozrte to Wildridge (perhaps forest service road
during the spring cord stanmer).
9 Idewyi, and delineate all open space parcels crud public trails.
• Site buildings o/* varyutg sizes almrg the street to maximize sun exposure, proteel
views, be compatible 14th existing surro wlhig development, and break up building
bulls.
Except for the last planning principle, the majority of the planning principles for the Wildridge
District deal more with enhancing open space and non - motorized access options. This PUD
Amendment maximizes sun exposure and breaks up the building bulk that could be
experienced with the underlying "4 Unit - Fourplex" zoning. Approval could enhance
compatibility with existing surrounding development.
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and
fire protection, and sewage and waste disposal, as applicable) will be available to serve the
subject property while maintaining adequate levels of service to existing development;
Staff Response: The PUD amendment has no incremental impact on public facilities or services.
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon the natural environment, including air, water, noise, storm water
management, wildlife, and vegetation, or such impacts will be substantially mitigated;
Staff Response: When compared to the existing zoning, the proposed PUD amendment will
not result in any adverse impacts upon the natural environment, wildlife, vegetation, air, or
stormwater management.
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon other property in the vicinity of the subject tract; and
Staff Response: As discussed herein, the approval of the PUD amendment would not result in
significant adverse impacts upon other property in the vicinity. The setbacks and building
height would remain in place. Breaking the building into two separate buildings could result in
fewer impacts to other properties in the area.
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future
uses on other properties in the vicinity of the subject tract.
Staff Response: As proposed, the Application will either increase the compatibility with uses or
potential future uses on other properties in the vicinity, or will result in no change to uses as
currently exist.
Ordinance 13 -07, Second Reading
Lot 25, Block z, Wildridge —June Creek Corner PUD Amendment Page 6
Council Action:
If the Council is satisfied with the PZC recommendation and minor changes to the Ordinance,
they should approve the Second Reading of Ordinance No. 13-07 (Attachment E) after
conducting a Public Hearing.
Attachments:
A: Vicinity Map
B: Application Materials dated April 11, 2013
C: Public Comment
D: PZC Findings of Fact, Record of Decision, and Recommendation
E: Ordinance 13 -07
Ordinance 13 -07, Second Reading
Lot 25, Block z, Wildridge - June Creek Corner PUD Amendment Page 7
Attachment A
Attachment B
Lot 25, Block 2,Wildridge Subdivision, Avon CO
.
t
. •, 0 •
4/11/2013
Attachment B
A: Introduction
Applicant George "Tripp" Plavec would like to request a minor PUD amendment to the Plat of Wildridge
for Lot 25, Block 2, Wildridge Subdivision located at 2900 June Creek Trail, corner of Old Trail Road and
June Creek Trail.
Lot 25 is currently zoned for 4 units which traditionally would be a large tall single building consisting of 4
dwellings. We believe that the community and town would be better served if 2 separate buildings of two
units each were constructed. Our intension, is to construct a project very similar, with only minor modifi-
cations for esthetic and code reasons to the architectural details provided in this application.
Our desire is not to gain approval for a generic separation of a 4 unit lot to be constructed in two two unit
buildings but to seek preliminary approval for the project proposed.
Our project of 2376 square feet per unit aims to provide a smaller intimate home for the middle income
level of Wildridge. The design incorporates a roof height of approximately 32 -33 ft. This will be a definite
benefit to the homes to the north and east.
The Town of Avon, Future Residents of the property and the neighborhood would benefit by such a pro-
posal because of the fallowing:
Smaller, human scale structures
Structures of the same scale as the neighboring duplex homes
Two buildings would provide a view corridor between units giving more air and light.
It would and provide better drainage between the buildings
Storm water and snow storage will be more easily managed with two buildings
Creating an angle between the units adds architectural interest
Landscaping between the buildings would break the massing and provide a nice feature on the Old Trail
road side of the property
No increase in density
Each unit would be equal to the others without having the inner unit syndrome
B: Background
Through the history of Wildridge there has been a desire by the community to create more individual
homes to mix with the larger duplexes. Duplexes in Wildridge are only restricted in size by the set back
and height limitations. During the last economic boom many duplexes became excessively massive with no
limits to size. We feel the current trend of allowing flexibility in separating units gives the neighborhood
more character and provides for a stable construction industry with more options available.
Attachment B
In developing a plan for Lot 25 we looked at several options. Three single family buildings, two duplex
buildings, and one fourplex building. With a reduction of units the economic feasibility would force the
sizes of the three single buildings to be larger, more expensive to build and purchase. Our desire was not
build what would have to be three large homes. We instead wanted to produce more affordable homes
that complements the smaller structures of Shepard's Ridge to the south west but still has common ele-
ments that relate to each of the other fourplexes of Stonebriar and 2929 June Creek across June Creek
Trail.
C: Goal and purpose of application
Our intension with this application was to show how four units could be separated in an esthetically pleas-
ing way that complies with The Town of Avon Development code. The design of the concept of two
buildings for a four unit lot had to be developed enough so that an intelligent analysis could be made by the
planning and zoning commission and ultimately the town council. We are at a point now with a design we
consider feasible economically and architecturally. If we are given the approval for this type of design uti-
lizing two separate buildings we will complete details of siding, colors and minor modifications for a com-
plete design review.
On pages 6 -13 you will find our current design.
Pages 14 -17 are fourplex options of the same layouts
Thank you for taking the time to consider my project
George "Tripp" Plavec
To note:
Before submitting for design review some minor modifications are necessary to the entry of unit 3 and
decks to all units but the square footage, general structural design and heights will remain relatively the
same.
3
Attachment B
D: From Avon Development Code several aspects pertaining to our
objectives
7.28.090 Design Standards
(a) Purpose. The general intent of the design standards is to implement the Avon
Comprehensive Plan vision of an attractive, efficient, and livable community that features
stable neighborhoods and promotes a mix of uses in well - designed community focal points.
(1) To achieve the proper and efficient use of the land by promoting an appropriate
balance between the built environment and the preservation and protection of open space
and natural resources;
(4) To provide appropriate standards to ensure a high quality appearance for
residents and visitors of Avon and promote good design while also allowing flexibility,
individuality, creativity, and artistic expression;
(5) To protect and enhance the unique mountain character and economic
development of Avon by encouraging physical development that is of high quality and is
compatible with the character, scale, and function of its surrounding area;
The separation in the buildings is a more attractive and livable design which provides buildings that
are more in scale with the surrounding neighborhood. Having space between the buildings provides
more balance with the built environment and open natural space.
7.28.090 Design Standards
(e) Design Standards for the Wildridge Subdivision
3) Building Design
(i) Buildings shall have street- facing architectural details and elements which
provide a human scale to the fagade. Flat, monotonous facades shall be avoided.
(A) The design of a structure shall create variety and interest along the street
elevation. A significant alteration of the massing and composition (not just the
exterior colors and materials) of each house or each townhouse or duplex unit
must be accomplished.
Our street facing details are all architectural with out the view of garages and entries, thus allowing for
landscaping and separation of the buildings breaks the massing more than any alteration of physical
elements can.
Attachment B
704.030 Purposes (e) Promote adequate light, air, landscaping and open space and avoid undue concentration
or sprawl of population;
n) Achieve a diverse range of attainable housing which meets the housing needs created
by jobs in the Town of Avon, provides a range of housing types and price points to serve a
complete range of life stages, and promotes a balanced, diverse, and stable full time residential
community which is balanced with the visitor economy;
The separation in our buildings promote light, air and landscaping.
The lower price point of these units will provide for a range of life styles for a diverse, stable residen-
tial community.
7.28.090 Design Standards
2) Site Design
(i) The location of structures and access shall complement the existing
topography and views of the site.
(ii) New buildings should respond to the climate of Avon and the Eagle River
Valley through their orientation, massing, construction, and their choice of passive
environmental control strategies and active environmental control systems.
(v) Buildings shall be oriented to optimize solar access.
Access to the site from behind hides many of the day to day requirements of the property owner leav-
ing street side view of landscape and architecture.
Our project optimizes views from the units as well as being more interesting architecturally. The sep-
aration has a sense of environmental control with drainage through the units.
Solar gain is optimized by the use of windows facing south and west and with the use of Low emissiv-
ity glass. The orientation captures solar gain in the winter with low angle solar radiation penetrating
the glass and meets these same high angle solar rays of summer.
Attachmeht B
4, 10.2013 122 , :.t2 AM
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Attachment C
Matt Pielsticker
From: Larry Wolfe <wolfe @vail.net>
Sent: Tuesday, May 28, 2013 3:04 PM
To: Matt Pielsticker
Subject: Lot 25, Block 2, Wildridge Subdivision
Hi Matt,
I'm unable to make it to tonight's meeting so I just wanted to drop you a quick note to express my support for
Tripp Plavec's development concept on the parcel.
As an area property owner, I am very much in favor of two duplex structures on the parcel (as he is proposing)
rather than one large, 4 -plex structure. My feeling is that a single, 4 -unit structure would simply feel too
massive and architecturally imposing on such a visible site. I also believe that accessing the site from June
Creek Trl (as he is proposing) is preferable to coming off of Old Trail given the safety issues associated with an
Old Trail curb cut's proximity to the rise in the road at Bear Trap and the pocket park's parking.
Thanks for listening.
Larry Wolfe
29ol -B June Creek Trail
970 - 390-2525
wolfe(c-) vail.net
From: Chad Anderson [ mailto :CMAnderson@vailresorts.com] Attachment C
Sent: Tuesday, May 07, 2013 2:13 PM
To: Jared Barnes
Cc: The Wife (ShawnacAnderson@comcast.net); Chad Anderson
Subject: 2900 June Creek Trail PUD Amendment
Jared,
Thanks for calling me back yesterday regarding the PUD Amendment for the Upcoming Construction on the Lot Adjacent
to ours at 2920 June Creek Trail. I found the PDF on -line and have some feedback for Today's meeting:
1.) Do to the Location of our Deck and View of Beaver Creek, BG and New York Mountain, we would prefer the
2 Separate Duplexes over the 4 Plex.
2.) We would like to see the units spaced further apart on the Lot to let us retain at least a partial view of the Ski Resort.
3.) We would like to see the Driveway on the South Side of the Lot, with the exit on Old Trail. This would keep us from
having to look directly at a Driveway and Garage Doors. Having it on the North Side will also cause problems for the New
Owners with Ice and Snow Build up, due to lack of sunshine.
4.) We would like to see as low of a profile possible to not hinder our current great views of the Mountain.
Feel free to pass along my comments to George Plavec.
Thanks,
'tad Anderson
Beaver Creek 3ountain Dining
Senior illanager F &.B
Spruce Saddle Lodge & Red fail Camp
01rice - 970 -754 -5521
Cell - 970- 331-1758
Fax - 970 -754 -5519
«;. Page
Page
Sent fi-om Office Outlook Weli Access
The information contained in this message is confidential and intended only for the use of the individual or
Attachment D
AVON PLANNING AND ZONING COMMISSION
FINDINGS OF FACT, RECORD OF DECISION, AND RECOMMENDATIONS VON
CONCERNING THE MINOR
PUD AMENDMENT FOR
LOT 25, BLOCK 2, WILDRIDGE SUBDIVISION
The following findings of fact and recommendations are made in accordance with Avon
Municipal Code ( "AMC ") §7.16.060(h), §7.16.020(8 )7 & §7.16.060(e)(4):
1. Application Submitted. A PUD Amendment Application ( "the Application "), was
submitted to the Community Development Department of the Town of Avon (the
"Town ") on April 12, 2013 by George Plavec (the "Applicant ").
2. Agency Referrals. On April 16, 2013, pursuant to AMC §7.16.020(c)(2), Staff referred
the Application to outside review agencies, including the following: Eagle County
Planning, Eagle River Water & Sanitation District, and Eagle River Fire Protection
District. No agency comments were received.
3. Notice of Public Hearin. Pursuant to AMC §7.16.020(d), a notice of public hearing
was published in The Vail Daily and a mailed notice was sent to all property owners
within 300' of the Property.
4. Staff Report to PZC. Matt Pielsticker submitted a Staff report to the PZC dated May 1,
2013.
5. Public Hearing before the Planning and Zoning Commission. On May 7, 2013 the
PZC held a public hearing on the Application, and considered Staff s analysis and public
comments.
6. Compliance with Review Criteria. PZC makes the following findings in regard to
compliance with the applicable review criteria for a Minor PUD Amendment
( §7.16.060(e)(4)) as the basis for this recommendation to Town Council:
PZC FINDINGS:
(1) The Application was processed in accordance with §7.16.060(h),
Amendment to a Final PUD, which allowed the application to be
processed as a minor amendment pursuant to §7.16.020(8), Minor
Amendment, and utilized the review criteria set forth in §7.16.060(e)(4),
Preliminary PUD Review Criteria, and
FINDINGS OF FACT AND RECOMMENDATION
LOTS 25, BLOCK 2, WILRIDGE SUBDIVISION — JUNE CREEK CORNER PUD AMENDMENT
Pa -e I of 2
Attachment D
(2) The Application is in substantial compliance with §7.16.060(e)(4),
Preliminary PUD Review Criteria, AMC; and
(3) The Application is not likely to result in adverse impacts upon the natural
environment, including air, water, noise, storm water management,
wildlife, and vegetation, or such impacts will be substantially mitigated
with building footprint maximums; and
(4) Approval of the Application would reduce building massing compared to
the existing underlying zoning, allowing for an improvement in quality
over what could have been accomplished through the strict application of
the "Fourplex" designation.
(5) Building impacts on -site is reduced by adding building footprint
restrictions, which are not in place with the current zoning.
(6) The Application is in conformance with policy recommendations in the
Avon Comprehensive Plan, including "siting buildings of varying sizes
along the street to maximize sun exposure, protect views, be compatible
with surrounding development, and break up building bulk."
PZC RECOMMENDATION AND RECOMMENDED CONDITIONS:
The PZC recommends that Town Council APPROVE the Minor PUD Amendment Application
with the Conditions set forth below:
(1) The building footprints are limited to 3,400 gross sq. ft. (including
garage).
(2) Building separation will be at least fifteen feet (15') between structures.
THESE FINDINGS OF FACT AND RECOMMENDATIONS ARE HEREBY
APPROVED:
BY: 1(04 � j,/`�`-
t DATE:
Scott Prince, Acting PZC Chairperson
FINDINGS OF FACT AND RECOMMENDATION
LOTS 25, BLOCK 2, WILRIDGE SUBDIVISION — JUNE CREEK CORNER PUD AMENDMENT
Page 2 of 2
Attachment E
TOWN OF AVON, COLORADO
ORDINANCE 13 -07
SERIES OF 2013
AN ORDINANCE APPROVING A MINOR PUD AMENDMENT FOR "JUNE CREEK
CORNER" ON LOT 25, BLOCK 2, WILDRIDGE SUBDIVISION, TOWN OF AVON,
EAGLE COUNTY, COLORADO
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, George Plavee (the "Applicant" and the "Owner ") has submitted a Minor
PUD amendment ( the "Application ") to modify the platted development rights to allow for the
construction of two (2) duplex structures on the subject property in the place of one (1) fourplex
structure; and
WHEREAS, the Planning and Zoning Commission held a public hearing on May 7, 2013
after posting notice of such hearings in accordance with the requirements of Section 7.16.020(d),
Step 4: Notice, Avon Municipal Code, and considered all comments provided before taking
action; and
WHEREAS, the Planning and Zoning Commission recommended to the Town Council
approval of the Application through the Planning and Zoning Commission Findings of Fact,
Record of Decision, and Recommendations, signed May 9, 2013; and
WHEREAS, pursuant to Section 7.16.060(e)(4), Review Criteria, and Section 7.16.070(f),
Final Plat Review Criteria, Avon Municipal Code, the Town Council has considered the
applicable review criteria for the Application; and
WHEREAS, the Town Council held public hearings on May 28, 2013 and June 11, 2013
after posting notice of such hearing in accordance with the requirements of Section 7.16.020(d),
Step 4: Notice, Avon Municipal Code, and considered all commments provided before taking
action; and
WHEREAS, the Town Council finds that the health, safety and welfare of the Avon
community will be enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter 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 this ordinance.
Ord. 13 -07 June Creek Corner PUD Amendment — Lot 25, Block 2, Wildridge
June 11, 2013 Town Council Meeting
Page 1 of 4
Attachment E
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. June Creek Corner Minor PUD Amendment. The June Creek Corner Minor
PUD Amendment application for Lot 25, Block 2, Wildridge Subdivision is hereby approved
subject to the following conditions:
(1) The building footprints are limited to 3,600 gross sq. ft. (including garage).
(2) Building separation will be at least fifteen feet (15') between structures.
Section 3. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and 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 4. 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 5. Effective Date. This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safetv 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
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 7. Publication by Postin?. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title at the Avon Town Hall,
Avon Recreation Center and Avon Public Library, 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. The Town Clerk is further ordered to publish a notice stating a
Ord. 13 -07 June Creek Corner PUD Amendment — Lot 25, Block 2, Wildridge
June 11, 2013 Town Council Meeting
Page 2 of 4
Attachment E
vested property right has been created in accordance with Section 7.16.140(d)(2) of the Avon
Municipal Code.
Section 8. Final Action. Approval and final adoption of this Ordinance on second reading
constitutes the Town's final action for the purposes of any appeal, legal challenge or referendum
seeking reconsideration of the decision of the Town Council with respect to this Ordinance and
matters approved hereby in accordance with Section 7.16.020(f)(5) of the Avon Municipal Code
and in accordance with Chapters VI and VII of the Avon Home Rule Charter.
[EXECUTION PAGE FOLLOWS]
Ord. 13 -07 June Creek Corner PUD Amendment — Lot 25, Block 2, Wildridge
June 11, 2013 Town Council Meeting
Page 3 of 4
Attachment E
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED on
May 28, 2013 and a public hearing on this ordinance shall be held at the regular meeting of the
Town Council on June 11, 2013, at 5:30 P.M. in the Council Chambers, Avon Municipal
Building, One Lake Street, Avon, Colorado.
Rich Carroll, 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 11`h day of Tune, 2013.
Rich Carroll, 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 McKemiy, Town Clerk
Ord. 13 -07 June Creek Corner PUD Amendment — Lot 25, Block 2, Wildridge
June 11, 2013 Town Council Meeting
Page 4 of 4