PZC Res. No. 2009-05 (2)TOWN OF AVON - VON PLANNING &ZONING COMMISSION
C O 1, 0 R A D 0
RESOLUTION No. 09-05
A RESOLUTION RECOMMENDING APPROVAL TO THE AVON
TOWN COUNCIL OF A PLANNED UNIT DEVELOPMENT (PUD)
APPLICATION FOR THE BUCK CREEK PUD, LOTS 1, 2, 3, and
4, WILDWOOD RESORT, TOWN OF AVON, EAGLE COUNTY,
COLORADO
WHEREAS, the applicant, Zehren and Associates, and the owners representative, Jay
Peterson, have applied for a Planned Unit Development (PUD) Amendment and
concurrent Preliminary Subdivision, pursuant to Section 17.20.110 of the Avon Municipal
Code (AMC); as presented in the original application dated January, 2009;
WHEREAS, Pursuant to the pertinent noticing procedures required by law, the Planning
and Zoning Commission of the Town of Avon held public hearings on February 17`h
2009; March 3`d, 2009, and March 17'", 2009 - at which time the applicant was given an
opportunity to present a proposal for a PUD Amendment 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;
WHEREAS, The Planning and Zoning Commission has considered the following criteria
when evaluating this application:
1. Conformance with the 2006 Town of Avon Comorehensive 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.
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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
r 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 on March 17`", 2009 meeting, the Planning &
Zoning Commission made the following FINDING with respect to the subject application:
1. The Planning and Zoning Commission finds this application in compliance
with the PUD Review Criteria outlined in Section 17.20.110(h), AMC
NOW, THEREFORE, BE IT RESOLVED, the Planning and Zoning Commission of the
Town of Avon, Colorado, hereby makes a recommendation of CONDITIONAL
APPROVAL to the Avon Town Council of the Buck Creek PUD application, Town of
Avon, Eagle County Colorado; subject to the following conditions:
1. The final form and content of the Buck Creek PUD Development Plan shall
be reviewed and found acceptable by Staff prior to Council review;
2. The property owner shall satisfactorily address the comments outlined in the
Engineering Department's Memo, dated March 11, 2009, the timing of which
depends on the specific comments; ,
3. The property owner shall dedicate to the Town, at the time of Final Plat
approval, the necessary road right-of-way along Nottingham Road and Swift
Gulch Road, along with associated easements, required for the construction
of the Swift Gulch round -a -bout;
4. The property owner shall demonstrate that the site meets or exceeds the
minimum 20% snow storage requirement and associated snow storage
easements prior to the issuance of building permit;
5. The property owner, or representative, shall process a Comprehensive Plan
Amendment application to update the Future Land Use Map to better reflect
this PUD Amendment application and associated Land -Uses. This
application must be submitted within 90 days of PUD approval.
6. The Town is entitled to use, at it's sole and absolute discretion, any and all
water rights for the entire site, which are in excess of the minimum water
necessary to serve the proposed uses;
7. The permitted 55' tall architectural projection for Lot 1A is limited to an
approximate 20' x 20' (400 square foot) tower feature that may be used for
training purposes;
8. The setback encroachment on Lot 3 is to be legally tied to the Gore Range
Natural Science School (GRNSS) use pursuant to the new zoning
designation;
9. The minimum level of architectural for the entire PUD is to meet or exceed
the level established in the material representations provided; and 4
10. 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.
ADOPTED AND REAFFIRMED THIS 7t' DAY OF APRIL, 2009
Signed-
bl'
C
Chair
Attest
Secretary
Date: L41 14 l
Date:
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TOWN OF AVON rlu"�%il
PLANNING & ZONING COMMISSION AVON
RESOLUTION No. 09-06 C ° ` ° R A ° °
A RESOLUTION RECOMMENDING APPROVAL TO THE AVON TOWN
COUNCIL OF A PRELIMINARY SUBDIVISION APPLICATION, WITH
CERTAIN EXEMPTIONS FROM TITLE 16 REQUIREMENTS, RELATED
TO THE PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT
APPLICATION FOR THE BUCK CREEK PUD, LOTS 1, 2, 3, and 4,
WILDWOOD RESORT, TOWN OF AVON, EAGLE COUNTY,
COLORADO
WHEREAS, Zehren and Associates, Inc, has filed Preliminary Subdivision Plan, containing
certain exemptions from the Title 16: Subdivision Regulations, in conjunction with an Application
to amend the existing Planned Unit Development ("PUD") for the Wildwood Resort;
WHEREAS, the submitted Preliminary Subdivision Plan requests exemptions from the following
Subdivision regulations:
(1) AMC 16.40.050 (4)—Cul-de-Sacs
Exemption is to allow an increase in the maximum cul-de-sac length from 1,000 feet to
1650 feet for Buck Creek Lane, to allow the number of residential units served by a cul-
de-sac to be increased from 20 to 32, and to allow commercial uses as shown on the
Buck Creek PUD Development Plan;
(2) AMC 16.40.070 — Roadway Width
Exemption is to allow the roadway widths within the Buck Creek PUD, which will all be
classified as local streets, to be reduced from the minimum of 22 feet to 20 feet along
their entire length. The interior roads within lots 1 B and 2 are not classified as roadways
but are classified as private driveways and therefore not subject to AMC roadway width
requirements;
(3) AMC16.40.070 (a)(2) —Grades, Curves and Sight Distances
Exemption is to allow the maximum grade for distance equal to the stopping sight
distance from intersection be increased from 6% to 6.3% for the east -west road through
Lots 1A and 1 B;
(4) AMC 16.40.070 (a)(2) — Grades Curves and Sight Distances
Exemption is to allow the maximum grade of 4.0% be decreased from fifty (50) feet from
the intersection to 45 feet on Lot 1A and decreased to 27.5 feet on Lot 1 B; and,
(5) AMC 16.40.080 (a) — Grades, Curves and Sight Distances
Exemption is to allow the maximum roadway grade for Buck Creek Lane, which is
classified as a local street, be increased from 8% to 8.5% from Station 1+90 to 4+15, to
8.28% from Station 6+60 to 7+75, and to 8.5% from Station 10+40 to 11+50. The Buck
Creek Lane stationing is measured starting from its southern most terminus as shown
on the Buck Creek PUD Preliminary Construction Plans dated January 2009 and
prepared by J&K Inc.
WHEREAS, the proper posting, publication and public notices for the hearings before the
Planning and Zoning Commission of the Town of Avon were provided as required by law;
WHEREAS, the Planning and Zoning Commission of the Town of Avon held public hearings on
February 17`h, 2009; March 3rd, 2009, and March 17th, 2009, 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 related Subdivision issues;
WHEREAS, following such public hearings, the Planning and Zoning Commission forwarded its
recommendation for approval on the PUD amendment application to the Town Council of the
Town of Avon through Resolution 09-05;
WHEREAS, the Subdivision exemptions appear to comply with the following criteria as set forth
in Section 16.20.030 of the Avon Municipal Code:
(1) The division shall not violate the specifications of any relevant, previously
approved subdivision;
(2) The division shall not result in prohibitive physical restraints upon access to, or
use of, either of the resulting parcels;
(3) The division shall qualify as one (1) or more of those exempted actions found in
Section 16.08.190(c) of the Town subdivision regulations; and
WHEREAS, the Preliminary Subdivision Plan appears to comply with the requirements of
Chapter 16.20, Preliminary Plans, of the Avon Municipal Code and in particular conformance to
applicable regulations as set forth in Section 16.20.040 as follows:
(1) The Comprehensive Plan;
(2) For Planned Unit Developments, the relevant Planned Unit Development Master
Plan and the Comprehensive Plan, as reflected in the approval of the Planned
Unit Development;
(3) Physical suitability of lots proposed for subdivision; and
(4) Compatibility with surrounding land uses.
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby
recommends approval to the Town Council for the exemptions from the Subdivision
Regulations and the Preliminary Subdivision Plan as submitted in conjunction with the Buck
Creek PUD Amendment application dated January, 2009 with the following conditions:
1. Approval of construction plans for all utility services including but not limited to water,
sewer, electric, natural gas, phone and cable must be submitted to the Town of Avon by the
appropriate entities;
2. Completion of technical corrections as identified by Town Staff. Including but not limited
to those identified in Engineering Memo, dated March 11, 2009; and,
3. 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;
ADOPTED AND REAFIRMED THIS 7T" DAY OF APRIL, 2009
Signed:®,
C/
Chair'
Attest:
Secret 0
Date: "1 ( -' [or Q
Date: