PZC Res. No. 2009-01 (2)TOWN OF AVON AVON
PLANNING & ZONING COMMISSION
C O L O R A D O
RESOLUTION No. 09-01
A RESOLUTION RECOMMENDING APPROVAL TO THE AVON
TOWN COUNCIL OF A PLANNED UNIT DEVELOPMENT (PUD)
APPLICATION FOR THE RED HOUSE ANNEXATION LOTS 1 &
2, EAGLE COUNTY, COLORADO
WHEREAS, the Vail Corporation, represented by Rick Pylman of Pylman and
Associates, has applied for a new Planned Unit Development (PUD) and concurrent
Annexation for the "Red House" Exemption Plat, Lots 1 & 2, Eagle County, Colorado,
pursuant to Section 17.20.110 of the Avon Municipal Code (AMC); as presented in the
original application dated September 26, 2008;
WHEREAS, on December 2, 2008, the Town of Avon Planning and Zoning Commission
unanimously recommended Approval of the proposed amendment to the 2006 Town of
Avon Comprehensive Plan, specifically related to, and consistent with the this PUD
Zoning application;
WHEREAS. Pursuant to the pertinent noticing procedures required by law, the Planning
and Zoning Commission of the Town of Avon held public hearings on November 18,
2008; December 16, 2008; and January 6, 2009 - at which time the applicant was given
an opportunity to present a proposal for a new PUD and hear feedback from both the
Commission and members of the public, in addition to the written comments from Staff
regarding this PUD request;
WHEREAS, The Planning and Zoning Commission was provided with Staff Reports at
each of the aforementioned hearings which included pertinent support materials and
which provided a thorough analysis of the technical zoning information as it relates to the
applicable twelve PUD Design Criteria found in Section 17.20.110(h), AMC, and
WHEREAS, The Planning and Zoning Commission considered the following criteria
when evaluating this application:
1. Conformance with the 2006 Town of Avon Comprehensive Plan Goals and
Objectives.
2. Conformity and compliance with the overall design theme of the Town, the
sub -area design recommendations and design guidelines of the Town.
3. Design compatibility with the immediate environment, neighborhood, and
adjacent properties relative to architectural design, scale, bulk, building height,
buffer zones, character, and orientation.
4. Uses, activity, and density which provide a compatible, efficient, and
workable relationship with surrounding uses and activity.
5. Identification and mitigation or avoidance of natural and/or geologic hazards
that affect the property upon which the PUD is proposed.
6. Site plan, building design and location and open space provisions designed
to produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
7. A circulation system designed for both vehicles and pedestrians addressing
on and off site traffic circulation that is compatible with the Town Transportation
Plan.
8. Functional and aesthetic landscaping and open space in order to optimize
and preserve natural features, recreation, views and function.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and
efficient relationship throughout the development of the PUD. The phasing plan
shall clearly demonstrate that each phase can be workable, functional and
efficient without relying upon completion of future project phases.
10. Adequacy of public services such as sewer, water, schools, transportation
systems, roads, parks, and police and fire protection.
11. That the existing streets and roads are suitable and adequate to carry
anticipated traffic within the proposed PUD and in the vicinity of the proposed
PUD.
12. That the PUD or amendment to PUD requested provides evidence of
substantial compliance with the following public purpose provisions, as outlined
in Section 17.28.085 of the Avon Municipal Code (as follows):
Zoning applications
The Town shall consider the following public benefit criteria when evaluating
zoning applications:
(1) The application demonstrates a public purpose which the current zoning
entitlements cannot achieve.
(2) Approval of the zoning application provides long-term economic, cultural
or social community benefits that are equal to or greater than potential
adverse impacts as a result of the changed zoning rights.
(3) The flexibility afforded in approval of the zoning application will result in
better siting of the development preserving valued environmental and
cultural resources and increasing the amount of public benefit consistent with
the community master plan documents, and;
WHEREAS, after holding a public hearing at their January 6, 2009 meeting, the Planning
& Zoning Commission made the following FINDINGS with respect to the subject
application (pursuant to Section 17.20.110(h) of the Avon Municioal Code):
1 The Planning and Zoning Commission finds this application in compliance
with the PUD Review Criteria outlined in Section 17.20.110(h), AMC; and
2. The applicant has proposed 13% of the proposed units as affordable,
satisfactorily addressing the Town's attainable housing component.
NOW, THEREFORE, BE IT RESOLVED, the Planning and Zoning Commission of
the Town of Avon, Colorado, hereby makes a recommendation of APPROVAL to the
Avon Town Council for the PUD application for Red House Annexation Lots 1 & 2,
Eagle County Colorado, subject to the following CONDITIONS:
1. The property owner shall design and construct, at its sole expense, the path
improvements along the riverside shore, as described in the letter from Rick
Pylman of Pylman & Associates dated December 10, 2008 and depicted on
the revised plans (Attachment E). The path shall be a minimum of 3.5 feet in
width, with wider areas provided where possible; and the improvements
reviewed and approved by the Town and completed prior to the issuance of a
Temporary Certificate of Occupancy;
2. The property owner shall convey to the Town, in fee simple, the River Tract,
as more specifically described in Attachment E (Conceptual Parcel Plan).
The River Tract shall be conveyed prior to issuance of a building permit;
3. The property owner shall provide an affordable housing plan, which provides
for a minimum of two deed -restricted, two-bedroom offsite units. The units
will be bought in the price range affordable for a household earning between
160% and 180% of the Area Median Income (AMI), and the units will be sold
at a price for a household earning between 120% and 140% of the AMI. The
bare -minimum buy down will not be utilized (i.e. buy at 160% of the AMI, and
market at 140% of the AMI);
The terms and conditions of the housing plan shall be reviewed and approved
by the Town Council concurrent with the approval of the Annexation and
Development Agreement;
4. A minimum aggregate of fifteen (15) Single Family Equivalencies (SFEs)
shall be conveyed to the Town, in accordance with Chapter 16.24 of the Avon
Municipal Code;
5. The form and content of the PUD Development Plan shall be reviewed and
approved by staff prior to Council review;
6. Except as otherwise modified by this approval, all material representations
made by the applicant or applicant representatives in this application and in
public hearings shall be adhered to and considered binding conditions of
approval;
7. At a minimum, the new planned crosswalk improvements are to match the
Hurd Lane crosswalk design at Avon Road; and
8. The applicant will provide detail of significant improvement in Energy
Conservation, Water Conservation, Material Resources, and River Ecology
above and beyond standard building practices at the Sketch Review phase of
this project.
ADOPTED AND REAFFIRMED THIS 20th DAY OF JANUARY, 2009
Signe /
7t6 c -r Date: I Z U r 9
Chair
Att�§
Date: i —Zo —
Secretary