PZC Res. No. 2009-13 (2)00 ` Ari
V `
TOWN OF AVON
PLANNING & ZONING COMMISSION AVON
C O L O R A D O
RESOLUTION No. 09-13
A RESOLUTION RECOMMENDING APPROVAL TO THE AVON
TOWN COUNCIL OF A PLANNED UNIT DEVELOPMENT (PUD)
APPLICATION FOR THE GANDORF PUD, TRACT B, BLOCK 1,
WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, the applicant, Dominic Mauriello of Mauriello Planning Group,. and the
owner, Gandorf Tract B LLC, have applied for a Planned Unit Development (PUD)
Amendment, pursuant to Section 17.20.110 of the Avon Municipal Code (AMC); as
presented in the original application dated June, 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 August 4th, 2009
and September 151, 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 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:
I
(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 on the September l't, 2009 meeting, the
Planning & Zoning Commission made the following FINDINGS with respect to the
subject application:
1. The potential success of a commercial venture would be questionable at
best;
2. The construction of a gas station would be detrimental to residents of
immediate neighborhood and Wildridge as a whole;
3. A commercial establishment will create traffic problems for residences within
500 yards of the subject location; and
4. Substantial compliance with all of the applicable 12 PUD criteria has been
met.
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. Tract B shall be limited to four dwelling units in the format of two duplex
structures developed in a townhouse configuration;
2. Two of the dwelling units shall be limited to a maximum residential floor area of
1,500 sq. ft. and the other two dwelling units shall be limited to a maximum
residential floor area of 1,900 sq. ft. Garage area is excluded from this
calculation;
3. Building height on the easternmost duplex shall be limited to 33' and 27' on the
westernmost duplex;
4. Site coverage shall be limited to 25% of the total site area;
5. Landscape area shall have a minimum area of 40% of the total site area;
6. A six foot wide pedestrian access easement as depicted on the plan and a paved
path shall be provided from the edge of pavement on Old Trail Road to the park
parcel to the south;
7. An easement as depicted on the plan shall be provided for future community
mailboxes;
8. The applicant agrees to offer one dwelling unit on the site for sale to Eagle
County Residents or Employees (those working "a minimum of 30 hours per
week in Eagle County) for a 90 -day period after final design approval. This one
unit will be offered for sale with a deed restriction restricting its occupancy and
resale to local residents and employees working a minimum of 30 hours per
week in Eagle County. There shall be no income restrictions or appreciation
caps placed on this deed restricted unit. The dwelling unit shall be offered for
sale at a minimum/maximum price per sq. ft. of $300. Should no qualified
buyers go under contract for purchase within this 90 -day period, there shall be
no requirement for a deed restriction on this dwelling unit. The applicant will
advertise this offering on the MLS;
9. The applicant agrees to offer three dwelling units on the site for sale to Eagle
County Residents or Employees (those working a minimum of 30 hours per
week in Eagle County) for a 90 -day period after final design approval. This is a
priority offering to Eagle County residents for the purchase of a free market
dwelling unit. No deed restriction is required for these dwelling units. Following
this 90 -day period the dwelling units are free to be listed with a broker and
available to any buyer. The applicant will advertise this offering on the MLS;
ADOPTED AND
Signed.
Chair
Atte (\
Secretary
ED THIS 15th DAY-OF§EPTEMBER, 2009
Date: / 0
Date: / ✓ /5 a