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TC Ord. No. 2011-15 Approving an Amendment to the Buck Creek PUD Lot 1A Buck Creek Subdivision, to Permit 18"-36" Roof Overhangs...TOWN OF AVON, COLORADO ORDINANCE 11-15 SERIES of 2011 AN ORDINANCE APPROVING AN AMENDMENT TO THE BUCK CREEK PLANNED UNIT DEVELOPMENT (PUD), LOT 1A, BUCK CREEK SUBDIVISION, TO PERMIT 18" — 36" ROOF OVERHANGS WITHIN FRONT AND SIDE SETBACKS AND A PATH WITHIN PORTIONS OF A 30' RIPARIAN BUFFER ZONE WHEREAS, the Town of Avon approved a PUD and corresponding PUD Development Plan for Buck Creek PUD by Ordinance No. 09-08, Amending the Wildwood PUD; and WHEREAS, Zehren and Associates, Inc. ("the Applicant"), with the permission of property owner, Eagle River Fire Protection District, has submitted an application to amend the Buck Creek PUD to permit roof overhangs within the front and side setbacks; and to permit a path within portions of a 30' Riparian Buffer Zone; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on October 4, 2011, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation, then took action to adopt findings and made a recommendation of approval to the Town Council through Resolution 11-10; and WHEREAS, pursuant to Section 7.16.060(e)(4), Review Criteria, Avon Development Code ("ADC"), the Town Council has considered the applicable review criteria; and WHEREAS, the Town Council of the Town of Avon held a public hearing on November Stn 2011, after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Buck Creek PUD amendment application; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law and the ADC 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 the proposed zoning; and WHEREAS, Ordinance 11-15 approves and incorporates by reference the PUD Development Plan attached hereto as Exhibit A: Buck Creek PUD Development Plan; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: SECTION 1. AMENDMENT TO BUCK CREEK PUD. The Buck Creek PUD, Buck Creek Subdivision, is hereby amended to 1) permit roof overhangs to encroach into the Lot IA building Ord No. 11-15 setbacks provided that the minimum overhang length (measured from the point where the wall meets the roof) is eighteen (18) inches for structures two (2) stories or less. For structures between three (3) and four (4) stories the minimum overhang shall be twenty-four (24) inches; and 2) permit a foot path within the 30' Riparian Buffer Zone on Lot IA, Buck Creek Subdivision, as depicted in the PUD Development Plan. The Buck Creek PUD is approved, subject to the following conditions: 1) In no instance shall roof overhangs exceed thirty-six (36) inches in length. 2) The Director is authorized to approve minor amendments to roof overhangs that measure ten percent (10%) or less, if the amendments do not materially alter the substance of the development plan. SECTION 2. FINDINGS OF FACT. The Town Council makes the following findings of fact with respect to this PUD Amendment application: 1. The portion of Lot 1A for which the roof overhang encroachments are requested are adjacent to the Town's road right-of-way and will therefore not negatively impact neighboring properties or increase the fire risk resulting from reduced building separation. 2. The PUD was approved by the Town with building footprints up to the setback line to accommodate the environmental and topographic constraints on Lot IA, and to provide for the specific and special requirements of the Fire District. 3. The PUD Review Criteria (Section 7.16.060(e)(4)) have been considered with this amendment. SECTION 3. CORRECTION OF ERRORS. Town Staff is authorized 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. Page 2 of 3 Ord No. 11-15 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 in at least three public places within the Town and posting at the office of the Town Clerk, 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. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED: the 8`h day of November, 2011, and a public hearing on this ordinance shall be held at the reguloarithen Council on the 22°d day of November, 2011, at 5:30 P.M. in the Council Chnicipal Building, One Lake Street, Avon, Colorado. Rich CarrollMayor Publishest three public places in Town and posting at the office of the Town Clerk at to final action by the Town Council. ATTEST: 3 Clerk APPROVED AS TO FORM: O Eric Heil, To n Attorney INT�2ODU INALLY APPROVED, AND PASSED ON SECOND READING, AND ORDE F ti ED BY POSTING on the 22°d day of November, 2011. :SEA, L Rich Carroll, Mayor Publish b' � Wbo title in at least three public places in Town and posting by title at the office of the Jerk. urd iNo. i i -i> Memorandum Initials To: Honorable Mayor and Town Council Thru: Larry Brooks Town Manager Sally Vecchio, Community Development Director SKY From: Matt Pielsticker, Planner 11 Date: November 8, 2011 Meeting Re: PUBLIC HEARING Second Reading of Ordinance 11-15, An Ordinance Approving an Amendment to the Buck Creek Planned Unit Development, to Permit Roof Overhangs within Front and Side Setbacks and a Path Within Portions of a 30' Riparian Buffer Zone. Summary: The, Eagle River Fire Protection District, is proposing an amendment to the Buck Creek PUD to allow the roof overhangs of the two approved buildings to encroach into the front and side setbacks of Lot 1A. The amendment also includes a foot path within portions of the platted 30' Riparian Buffer Zone. This is the second reading of Ordinance 11-15, approving the PUD Amendment (Exhibit A). Also attached are Planning and Zoning Commission Resolution 11-10 recommending approval of this amendment (Exhibit B), and updated Sheets 1 and 2 of the Buck Creek PUD Development Plan (Exhibit C). The first reading of Ordinance 11-15 was approved by Council on November 8, 2011. As directed by Council, Ordinance 11-15 has been revised with findings and conditions of approval that require the roof overhangs to meet the Town's minimum overhang requirements, and prohibit encroachment over other recorded easements. Background: The Buck Creek PUD was approved by the Town Council on August 11, 2009. Lot 1A of the approved PUD Development Plan is intended for a fire station, fire district facilities, administrative functions, offices, and employee housing units. The building setbacks on Lot 1A are: • Front Yard: twenty-five (25') feet. • Side Yard: seven and one-half (7.5') feet. • Rear Yard: ten (10') feet. The Development Plan also includes the following note (#D2, Development Standards) with respect to Lot 1 A setbacks: "The building setbacks depicted on the PUD Development Plan Map for Lot 1A shall constitute a building envelope that shall remain in place and independent of any future changes to the Nottingham Road, Swift Gulch Road or Buck Creek Road Rights of Way. " This note was added to the Development Plan to prevent development on Lot 1A from hindering the construction of a round -a -bout near the intersection of Nottingham and Swift Gulch Roads. Property Description: Lot 1A is the southernmost lot of the Buck Creek PUD. It is surrounded on the West, South, and East sides by Town right-of-way and future residential development to the north (Lot 1B). The lot is 2.17 acres, and slopes downward from north to south. The west side of the lot is bisected by Buck Creek. Proposed Amendment: The applicant is proposing to add the following general notes to the Development Plan: General Note 9. "The roof overhang of the Administration Building on Lot 1A shall be allowed to encroach into the 25' front setback and the roof overhangs of the Fire Station Building on Lot 1A shall be allowed to encroach into the 25' front setback and 7.5' side setbacks." General Note 10. "The path on the west side of the administration building on Lot 1A will be allowed to encroach into the 30' Riparian Buffer Zone as represented on Sheet 2." Sheet 2 of the PUD Development Plan (Exhibit C) shows the proposed building footprints and walkway alignments. "Sheet L1.0" illustrates a comparison of the approved and proposed building footprints and walkway path. Analysis: Staff recommends that the encroachment of the roof overhangs be prohibited from encroaching into the 10 foot Drainage and the 10' Snow Storage, Utility, and Drainage Easements that are located within the setback areas; this will ensure that the overhangs do not interfere with the construction of the future roundabout, or impede the use of the utility and snow storage easements. The path encroachment into the 30' Riparian Zone was a part of the approved PUD Development Plan. The Fire District is requesting to change the alignment slightly and add the above mentioned General Note 10 to Sheet 1 of the PUD Development Plan, which affirms approval of the pathway in the Riparian Zone. The Town Engineer has reviewed the pathway and finds that it will not negatively impact the Riparian Zone. PUD Review Criteria: PUD Amendments must comply with the following review criteria as set forth in §7.16.060(e)(4), Review criteria: (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 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:. Lot 1A (the Property) was specially planned for a fire station use and associated unique site planning requirements. The buildings are located at the perimeter of the Property in order to accommodate maximum grade requirements, fire truck turning and stacking requirements, and adequate on-site parking for employees, residents, and guests for both the Administration Building and the Fire House building. The roof overhangs will create articulation in the building form, and are consistent with the Town's design standards which recommend 18 inch minimum roof overhangs. Roof encroachments into building setbacks are commonly approved by the town. Although the walkway is in the Riparian Zone, it provides an efficient path connection from Nottingham Road to Walking Mountains Lane and will not harm the adjacent riparian environment. 2 (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: This amendment is consistent with the Town's goals and plans for this property. (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b); Staff Response: The Avon Comprehensive Plan identifies this area as the Nottingham Road Commercial District. This District requires limited access points on Nottingham Road and an appropriate scale to surrounding development. This amendment is consistent with the planning principles and the purposes of the Comprehensive Plan and Development Code. (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: This amendment does not negatively impact the public facilities and utilities required to serve the property. (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: This amendment does not negatively affect the natural environment. (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: This amendment will not result in any adverse impact to the property or the in the vicinity of the property. (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: The amendment is consistent with the overall scale and design of the future fire district facilities and with proposed development on the remaining Buck Creek PUD. Recommended Motion: Approve Ordinance 11-15; An Ordinance Approving an Amendment to the Buck Creek Planned Unit Development, to Permit 18" — 36" Roof Overhangs within Front and Side Setbacks and a Path Within Portions of a 30' Riparian Buffer Zone. Available Actions: 1) Approve on Second Reading Ordinance No. 11-15; or 2) Table on Second Reading Ordinance No. 11-15; or 3) Deny on Second Reading Ordinance No. 11-15. Town Manager Com--ments: Exhibits: A- Ordinance No. 11-15 (Changes highlighted in yellow) B - Planning and Zoning Commission Resolution 11-10 C - PUD Development Plan 3 Exhibit B TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 11-10 A RESOLUTION APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) AMDENDMENT APPLICATION FOR LOT 1A, BUCK CREEK PUD, BUCK CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Zehren and Associates, Inc. ("the Applicant"), representing the owner of the property, Eagle River Fire Protection District, submitted an application to amend the Buck Creek PUD to permit roof overhangs within setbacks and a paved path within a 30' Riparian Buffer Zone; and WHEREAS, at their regularly scheduled meeting held on October 4, 2011 the Planning & Zoning Commission held a public hearing to consider approving the PUD amendment application for portions of the Buck Creek PUD; and WHEREAS, the Planning & Zoning Commission of the Town of Avon considered the following review considerations, as required by the 7.16.060(e)(4), Review Criteria, ADC, as the basis for a recommendation to Council: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, andlor 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 improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; treelvegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. (ii) The PUD rezoning will promote the public health, safety, and general welfare; (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §736.060(b); (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 subjectproperty while maintaining adequate levels ofservice to existing development; Exhibit B (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; (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 (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. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby recommends approval of a PUD Amendment for Lot 1 A, Buck Creek PUD, Buck Creek Subdivision based on conformance with the cited review criteria. ADOPTED TRIS 4" DAY OF OCTOBER, 2011 Signed: Date: tip •!P• tj Chair: C s G een Attest: Date: to~�'2° l Secretary: Scott Prince Memorandum Initials To: Honorable Mayor and Town Council Thru: Larry Brooks Town Manager Sally Vecchio, Community Development Director From: Matt Pielsticker, Planner II 4� Date: November 8, 2011 Meeting Re: PUBLIC HEARING Second Reading of Ordinance 11-15, An Ordinance Approving an Amendment to the Buck Creek Planned Unit Development, to Permit Roof Overhangs within Front and Side Setbacks and a Path Within Portions of a 30' Riparian Buffer Zone. Summary: The, Eagle River Fire Protection District, is proposing an amendment to the Buck Creek PUD to allow the roof overhangs of the two approved buildings to encroach into the front and side setbacks of Lot 1A. The amendment also includes a foot path within portions of the platted 30' Riparian Buffer Zone. This is the second reading of Ordinance 11-15, approving the PUD Amendment (Exhibit A). Also attached are Planning and Zoning Commission Resolution 11-10 recommending approval of this amendment (Exhibit B), and updated Sheets 1 and 2 of the Buck Creek PUD Development Plan (Exhibit C). The first reading of Ordinance 11-15 was approved by Council on November 8, 2011. As directed by Council, Ordinance 11-15 has been revised with findings and conditions of approval that require the roof overhangs to meet the Town's minimum overhang requirements, and prohibit encroachment over other recorded easements. Background: The Buck Creek PUD was approved by the Town Council on August 11, 2009. Lot 1A of the approved PUD Development Plan is intended for a fire station, fire district facilities, administrative functions, offices, and employee housing units. The building setbacks on Lot 1A are: • Front Yard: twenty-five (25) feet. • Side Yard: seven and one-half (7.5') feet. • Rear Yard: ten (10') feet. The Development Plan also includes the following note (#D2, Development Standards) with respect to Lot 1 A setbacks: "The building setbacks depicted on the PUD Development Plan Map for Lot 1A shall constitute a building envelope that shall remain in place and independent of any future changes to the Nottingham Road, Swift Gulch Road or Buck Creek Road Rights of Way. " This note was added to the Development Plan to prevent development on Lot 1A from hindering the construction of a round -a -bout near the intersection of Nottingham and Swift Gulch Roads. Property Description: Lot 1A is the southernmost lot of the Buck Creek PUD. It is surrounded on the West, South, and East sides by Town right-of-way and future residential development to the north (Lot 1B). The lot is 2.17 acres, and slopes downward from north to south. The west side of the lot is bisected by Buck Creek. Proposed Amendment: The applicant is proposing to add the following general notes to the Development Plan: General Note 9. "The roof overhang of the Administration Building on Lot 1A shall be allowed to encroach into the 25' front setback and the roof overhangs of the Fire Station Building on Lot 1A shall be allowed to encroach into the 25' front setback and 7.5' side setbacks." General Note 10. "The path on the west side of the administration building on Lot 1A will be allowed to encroach into the 30' Riparian Buffer Zone as represented on Sheet 2." Sheet 2 of the PUD Development Plan (Exhibit C) shows the proposed building footprints and walkway alignments. "Sheet L1.0" illustrates a comparison of the approved and proposed building footprints and walkway path. Analysis: Staff recommends that the encroachment of the roof overhangs be prohibited from encroaching into the 10 foot Drainage and the 10' Snow Storage, Utility, and Drainage Easements that are located within the setback areas; this will ensure that the overhangs do not interfere with the construction of the future roundabout, or impede the use of the utility and snow storage easements. The path encroachment into the 30' Riparian Zone was a part of the approved PUD Development Plan. The Fire District is requesting to change the alignment slightly and add the above mentioned General Note 10 to Sheet 1 of the PUD Development Plan, which affirms approval of the pathway in the Riparian Zone. The Town Engineer has reviewed the pathway and finds that it will not negatively impact the Riparian Zone. PUD Review Criteria: PUD Amendments must comply with the following review criteria as set forth in §7.16.060(e)(4), Review criteria: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, andlor 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 improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; treelvegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Staff Response:. Lot 1A (the Property) was specially planned for a fire station use and associated unique site planning requirements. The buildings are located at the perimeter of the Property in order to accommodate maximum grade requirements, fire truck turning and stacking requirements, and adequate on-site parking for employees, residents, and guests for both the Administration Building and the Fire House building. The roof overhangs will create articulation in the building form, and are consistent with the Town's design standards which recommend 18 inch minimum roof overhangs. Roof encroachments into building setbacks are commonly approved by the town. Although the walkway is in the Riparian Zone, it provides an efficient path connection from Nottingham Road to Walking Mountains Lane and will not harm the adjacent riparian environment. 2 (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: This amendment is consistent with the Town's goals and plans for this property. (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b); Staff Response: The Avon Comprehensive Plan identifies this area as the Nottingham Road Commercial District. This District requires limited access points on Nottingham Road and an appropriate scale to surrounding development. This amendment is consistent with the planning principles and the purposes of the Comprehensive Plan and Development Code. (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: This amendment does not negatively impact the public facilities and utilities required to serve the property. (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: This amendment does not negatively affect the natural environment. (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: This amendment will not result in any adverse impact to the property or the in the vicinity of the property. (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: The amendment is consistent with the overall scale and design of the future fire district facilities and with proposed development on the remaining Buck Creek PUD. Recommended Motion: Approve Ordinance 11-15; An Ordinance Approving an Amendment to the Buck Creek Planned Unit Development, to Permit 18" — 36" Roof Overhangs within Front and Side Setbacks and a Path Within Portions of a 30' Riparian Buffer Zone. Available Actions: 1) Approve on Second Reading Ordinance No. 11-15; or 2) Table on Second Reading Ordinance No. 11-15; or 3) Deny on Second Reading Ordinance No. 11-15. Town Manager Comments: Exhibits: Exhibits: A- Ordinance No. 11-15 (Changes highlighted in yellow) B - Planning and Zoning Commission Resolution 11-10 C - PUD Development Plan Exhibit A TOWN OF AVON, COLORADO ORDINANCE 11-15 SERIES of 2011 AN ORDINANCE APPROVING AN AMENDMENT TO THE BUCK CREEK PLANNED UNIT DEVELOPMENT (PUD), LOT 1A, BUCK CREEK SUBDIVISION, TO PERMIT 18" — 36" ROOF OVERHANGS WITHIN FRONT AND SIDE SETBACKS AND A PATH WITHIN PORTIONS OF A 30' RIPARIAN BUFFER ZONE WHEREAS, the Town of Avon approved a PUD and corresponding PUD Development Plan for Buck Creek PUD by Ordinance No. 09-08, Amending the Wildwood PUD; and WHEREAS, Zehren and Associates, Inc. ("the Applicant"), with the permission of property owner, Eagle River Fire Protection District, has submitted an application to amend the Buck Creek PUD to permit roof overhangs within the front and side setbacks; and to permit a path within portions of a 30' Riparian Buffer Zone; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on October 4, 2011, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation, then took action to adopt findings and made a recommendation of approval to the Town Council through Resolution 11-10; and WHEREAS, pursuant to Section 7.16.060(e)(4), Review Criteria, Avon Development Code ("ADC"), the Town Council has considered the applicable review criteria; and WHEREAS, the Town Council of the Town of Avon held a public hearing on November 8t' 2011, after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Buck Creek PUD amendment application; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law and the ADC 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 the proposed zoning; and WHEREAS, Ordinance 11-15 approves and incorporates by reference the PUD Development Plan attached hereto as Exhibit A: Buck Creek PUD Development Plan; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: SECTION 1. AMENDMENT TO BUCK CREEK PUD. The Buck Creek PUD, Buck Creek Subdivision, is hereby amended to 1) permit roof overhangs to encroach into the Lot I building Ord No. 11-15 setbacks provided that the minimum overhang length (measured from the point where the wall meets the roof) is eighteen (18) inches for structures two (2) stories or less. For structures between three (3) and four (4) stories the minimum overhang shall be twenty-four (24) inches; and 2) permit a foot path within the 30' Riparian Buffer Zone on Lot IA, Buck Creek Subdivision, as depicted in the PUD Development Plan. The Buck Creek PUD is approved, subject to the following conditions: 1) In no instance shall roof overhangs exceed thirty-six (36) inches in length. 2) The Director is authorized to approve minor amendments to roof overhangs that measure ten percent (10%) or less, if the amendments do not materially alter the substance of the development plan. SECTION 2. FINDINGS OF FACT. The Town Council makes the following findings of fact with respect to this PUD Amendment application: 1. The portion of Lot 1 A for which the roof overhang encroachments are requested are adjacent to the Town's road right-of-way and will therefore not negatively impact neighboring properties or increase the fire risk resulting from reduced building separation. 2. The PUD was approved by the Town with building footprints up to the setback line to accommodate the environmental and topographic constraints on Lot IA, and to provide for the specific and special requirements of the Fire District. 3. The PUD Review Criteria (Section 7.16.060(e)(4)) have been considered with this amendment. SECTION 3. CORRECTION OF ERRORS. Town Staff is authorized 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. Page 2 of 3 Ord No. 11-15 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 in at least three public places within the Town and posting at the office of the Town Clerk, 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. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED: the 8d' day of November, 2011, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 22nd day of November, 2011, 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 the 22nd day of November, 2011. 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 McKenny, Town Clerk Page 3 of 3 Ord No. 11-15 Exhibit B TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 11-10 A RESOLUTION APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) AMDENDMENT APPLICATION FOR LOT 1A, BUCK CREEK PUD, BUCK CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Zehren and Associates, Inc. ("the Applicant"), representing the owner of the property, Eagle River Fire Protection District, submitted an application to amend the Buck Creek PUD to permit roof overhangs within setbacks and a paved path within a 30' Riparian Buffer Zone; and WHEREAS, at their regularly scheduled meeting held on October 4, 2011 the Planning & Zoning Commission held a public hearing to consider approving the PUD amendment application for portions of the Buck Creek FUD; and WHEREAS, the Planning & Zoning Commission of the Town of Avon considered the following review considerations, as required by the 7.16.060(e)(4), Review Criteria, ADC, as the basis for a recommendation to Council: (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 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. iii) The PUD rezoning will promote the public health, safety, and general welfare; (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b); (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; (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,- (vi) itigated; (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 (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. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby recommends approval of a PUD Amendment for Lot 1A, Buck Creek PUD, Buck Creek Subdivision based on conformance with the cited review criteria. ADOPTED THIS 4`h DAY OF OCTOBER, 2011 Signed: cg_�� Date: 4o •lP• �� Chair: C s G een Attest: Secretary: Scott Prince Date: i 0- S-Z� L I Exhibit B Nb'1d1N3WdO13A34'O77d N33K) Nof18 ryu y� Ei� e 9 , g fir H I �3 E g, as 1 3 a if1 1 AA; YY gg$ d § g C � $ � � y€p � S $ 5 Y3 s �§ s hi € i%�S E $ 3 F Zq$tl".�n po i. i s3 P $ e an § y g §ml 0 61° i€$ §it, a $� a3a6 P 8 a€ t aHili § i �oopFZp�$� 6. /,yy�y(�(`j(�va}g F$ �$@ U O Zo V t� uS ids ��i / 4 $ Y gygg is § I d �6 [ i Will! $ g3 € x{,33333 g5• at $iia i Ell Ho 5 6 P 1 t�G lit a4,! fly �1=$ ill, .s €��� 43 irI aci x36 a� aa5� F_� € 185 fa°s�y� p} j� i[[ys{a g5 ps s 's t5a5jjs g lid 2e �IS tl�tl � $'3�ie�e � s jj � eaM iv$dgy £g�� d �i j�i 'Hilly 5 �'{$�j3 ¢ffil 14118"�b s° 3 j�rt ic$�"`S 1�Eg3 3Fig �'� � '�4 Of �?r _� k o 11.1.1'y - ill 41� o_ Memorandum Summary: On behalf of the property owner, Eagle River Fire Protection District, Pedro Campos ("the Applicant") of Zehren and Associates, is proposing an amendment to the Buck Creek PUD to allow the roof overhangs of two buildings to encroach into the front and side setbacks of Lot 1A, Buck Creek Subdivision. The amendment also requests approval to construct a foot path within portions of a platted 30' Riparian Buffer Zone. This is the first reading of Ordinance 11-15, approving the PUD Amendment (Exhibit A). Also attached are Planning and Zoning Commission Resolution 11-10 recommending approval of this amendment (Exhibit B), and updated Sheets 1 and 2 of the Buck Creek PUD Development Plan (Exhibit C). Background: The Buck Creek PUD was approved by the Town Council on August 11, 2009. Lot 1A of the approved PUD Development Plan is intended for a fire station, fire district facilities, administrative functions, offices, and employee housing units. The building setbacks on Lot 1A are: • Front Yard: twenty-five (25) feet. • Side Yard: seven and one-half (75) feet. • Rear Yard: ten (10') feet. The Development Plan also includes the following note (#D2, Development Standards) with respect to Lot 1 A setbacks: "The building setbacks depicted on the PUD Development Plan Map for Lot 1A shall constitute a building envelope that shall remain in place and independent of any future changes to the Nottingham Road, Swift Gulch Road or Buck Creek Road Rights of Way." This note was added to the Development Plan to prevent development on Lot 1A from hindering the construction of a round -a -bout near the intersection of Nottingham and Swift Gulch Roads. Property Description: Lot 1A is the southernmost lot of the Buck Creek PUD. It is surrounded on the West, South, and East sides by Town right-of-way and future residential development to the north (Lot 1B). The lot is 2.17 acres, and slopes downward from north to south. The west side of the lot is bisected by Buck Creek. 0 Initials To: Honorable Mayor and Town Council Thru: Larry Brooks Town Manager Sally Vecchio, Ass't Town Manager, Community Deve. From: Matt Pielsticker, Planner II Date: November 8, 2011 Meeting Re: First Reading of Ordinance 11-15, An Ordinance Approving an Amendment to the Buck Creek Planned Unit Development, to Permit Roof Overhangs within Front and Side Setbacks and a Path Within Portions of a 30' Riparian Buffer Zone. Summary: On behalf of the property owner, Eagle River Fire Protection District, Pedro Campos ("the Applicant") of Zehren and Associates, is proposing an amendment to the Buck Creek PUD to allow the roof overhangs of two buildings to encroach into the front and side setbacks of Lot 1A, Buck Creek Subdivision. The amendment also requests approval to construct a foot path within portions of a platted 30' Riparian Buffer Zone. This is the first reading of Ordinance 11-15, approving the PUD Amendment (Exhibit A). Also attached are Planning and Zoning Commission Resolution 11-10 recommending approval of this amendment (Exhibit B), and updated Sheets 1 and 2 of the Buck Creek PUD Development Plan (Exhibit C). Background: The Buck Creek PUD was approved by the Town Council on August 11, 2009. Lot 1A of the approved PUD Development Plan is intended for a fire station, fire district facilities, administrative functions, offices, and employee housing units. The building setbacks on Lot 1A are: • Front Yard: twenty-five (25) feet. • Side Yard: seven and one-half (75) feet. • Rear Yard: ten (10') feet. The Development Plan also includes the following note (#D2, Development Standards) with respect to Lot 1 A setbacks: "The building setbacks depicted on the PUD Development Plan Map for Lot 1A shall constitute a building envelope that shall remain in place and independent of any future changes to the Nottingham Road, Swift Gulch Road or Buck Creek Road Rights of Way." This note was added to the Development Plan to prevent development on Lot 1A from hindering the construction of a round -a -bout near the intersection of Nottingham and Swift Gulch Roads. Property Description: Lot 1A is the southernmost lot of the Buck Creek PUD. It is surrounded on the West, South, and East sides by Town right-of-way and future residential development to the north (Lot 1B). The lot is 2.17 acres, and slopes downward from north to south. The west side of the lot is bisected by Buck Creek. 0 Proposed Amendment: The applicant is proposing to add the following general notes to the Development Plan: General Note 9. "The roof overhang of the Administration Building on Lot 1A shall be allowed to encroach into the 25' front setback and the roof overhangs of the Fire Station Building on Lot 1A shall be allowed to encroach into the 25' front setback and 7.5' side setbacks." General Note 10. "The path on the west side of the administration building on Lot 1A will be allowed to encroach into the 30' Riparian Buffer Zone as represented on Sheet 2." Sheet 2 of the PUD Development Plan (Exhibit C) shows the proposed building footprints and walkway alignments. "Sheet 1-1.0" illustrates a comparison of the approved and proposed building footprints and walkway path. Analysis: Staff recommends that the encroachment of the roof overhangs be prohibited from encroaching into the 10 foot Drainage and the 10' Snow Storage, Utility, and Drainage Easements that are located within the setback areas; this will ensure that the overhangs do not interfere with the construction of the future roundabout, or impede the use of the utility and snow storage easements. The path encroachment into the 30' riparian setback is also shown on the approved PUD Development Plan. The Fire District desires to change the alignment slightly and add the above mentioned note (Note 10) to Sheet 1 of the PUD Development Plan that affirms approval of the pathway in the Riparian Zone. The Town Engineer has reviewed the pathway and finds that it will not negatively impact on the Riparian Zone. PUD Review Criteria: PUD Amendments must comply with the following review criteria as set forth in §7.16.060(e)(4), Review criteria: (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 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 roof overhangs will create articulation in the building form, and are consistent with the Town's design standards which recommend 18 inch minimum roof overhangs. Roof encroachments into building setbacks are commonly approved in the town. Although the walkway is in the Riparian Zone, it will not harm the adjacent riparian environment, and provide an efficient path connection from Nottingham Road to Walking Mountains Lane. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: This amendment is consistent with the Town's goals and plans for this property. (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b); Staff Response: The Avon Comprehensive Plan identifies this area as the Nottingham Road Commercial District. This District requires limited access points on Nottingham Road and an appropriate scale to surrounding development. This amendment is consistent with the planning principles and the purposes of the Comprehensive Plan and Development Code. 2 (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: This amendment does not affect the facilities required to serve the property. (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: This amendment does not negatively affect the natural environment. (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: This amendment will not result in any adverse impact to the property or the in the vicinity of the property. (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: The amendment is consistent with the overall scale and design of the future fire district facilities and with proposed development on the remaining Buck Creek PUD. Recommended Motion: Approve Ordinance 11-15; An Ordinance Approving an Amendment to the Buck Creek Planned Unit Development, to Permit Roof Overhangs within Front and Side Setbacks and a Path Within Portions of a 30' Riparian Buffer Zone. Available Actions: 1) Approve on First Reading Ordinance No. 11-15; or 2) Table on First Reading Ordinance No. 11-15; or 3) Deny on First Reading Ordinance No. 11-15. Town Manager Comments: Exhibits: A- Ordinance No. 11-15 B - Planning and Zoning Commission Resolution 11-10 C - PUD Development Plan Exhibit A TOWN OF AVON, COLORADO ORDINANCE 11-15 SERIES of 2011 AN ORDINANCE APPROVING AN AMENDMENT TO THE BUCK CREEK PLANNED UNIT DEVELOPMENT (PUD), LOT IA, BUCK CREEK SUBDIVISION, TO PERMIT ROOF OVERHANGS WITHIN FRONT AND SIDE SETBACKS AND A PATH WITHIN PORTIONS OF A 30' RIPARIAN BUFFER ZONE WHEREAS, the Town of Avon approved a PUD and corresponding PUD Development Plan for Buck Creek PUD by Ordinance No. 09-08, Amending the Wildwood PUD; and WHEREAS, Zehren and Associates, Inc. ("the Applicant"), with the permission of property owner, Eagle River Fire Protection District, has submitted an application to amend the Buck Creek PUD to permit roof overhangs within the front and side setbacks; and to pen -nit a path within portions of a 30' Riparian Buffer Zone; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on October 4, 2011, after publishing and posting notice as required by law, considered all continents, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation, then took action to adopt findings and made a recommendation of approval to the Town Council through Resolution 11-10; and WHEREAS, pursuant to Section 7.16.060(e)(4), Review Criteria, Avon Development Code ("ADC"), the Town Council has considered the applicable review criteria; and WHEREAS, the Town Council of the Town of Avon held a public hearing on November 8t" 2011, after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Buck Creek PUD amendment application; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law and the ADC 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 the proposed zoning; and WHEREAS, Ordinance 11-15 approves and incorporates by reference the PUD Development Plan attached hereto as Exhibit A: Buck Creek PUD Development Plan; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: SECTION 1. AMENDMENT TO BUCK CREEK PUD. The Buck Creek PUD, Buck Creek Subdivision, is hereby amended to permit roof overhangs for construction of an Administration Ord No. 11-15 Building and Fire Station on Lot IA; and also permitting a path within portions of a 30' Riparian Buffer Zone on Lot IA, Buck Creek Subdivision. SECTION 2. FINDINGS OF FACT. The Town Council snakes the following findings of fact with respect to this PUD Amendment application: 1. The PUD Amendment is consistent with the planning principles outlined in the Avon Comprehensive Plan for the Nottingham Road Commercial District, which require limited access points on Nottingham Road and an appropriate scale to surrounding development. 2. The PUD Review Criteria (Section 7.16.060(e)(4)) have been considered with this amendment SECTION 3. CORRECTION OF ERRORS. Town Staff is authorized 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. 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 in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection u1 the office of the Town Clerk during normal business hours. Page 2 of 3 Ord No. 11-15 INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED: the 8t' day of November, 2011, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 22nd day of November, 2011, 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 the 22nd day of November, 2011. 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 McKenny, Town Clerk Page 3 of 3 Ord No. 11-15 Exhibit B TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 11-10 A RESOLUTION APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) AMDENDMENT APPLICATION FOR LOT 1A, BUCK CREEK PUD, BUCK CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Zehren and Associates, Inc. ("the Applicant"), representing the owner of the property, Eagle River Fire Protection District, submitted an application to amend the Buck Creek PUD to permit roof overhangs within setbacks and a paved path within a 30' Riparian Buffer Zone; and WHEREAS, at their regularly scheduled meeting held on October 4, 2011 the Planning & Zoning Commission held a public hearing to consider approving the FUD amendment application for portions of the Buck Creek FUD; and WHEREAS, the Planning & Zoning Commission of the Town of Avon considered the following review considerations, as required by the 7.16.060(e)(4), Review Criteria, ADC, as the basis for a recommendation to Council: (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 improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; treelvegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. (ii) The PUD rezoning will promote the public health, safety, and general welfare; (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the pu►poses of this Development Code, and the eligibility criteria outlined in §7.16.060(b); (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 ofservice to existing development; (v) Compared to the underlying zoning the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, wales, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; (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 (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. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby recommends approval of a PUD Amendment for Lot 1A, Buck Creek PUD, Buck Creek Subdivision based on conformance with the cited review criteria. ADOPTED THIS 4'h DAY OF OCTOBER, 2011 Signed: Date: 4©•lP• �� Chair: C s G een -fittest: Secretary: Scott Prince Date: 0-15'-710 it Exhibit B Exhibit B O O 0) m a. O O N (D N O O c 70 m Q) N ti v � V O o eJ Cv C � l-0 _ lc .-C O O O kr) Ln �c Lr) Ln tn N N N N N N G .. V n V O �o (A CIO cn P. P. P. P, Ln V� V� PLI P, LM ;JLM ti z P. P. C/)v V) P, P. P. V) V) V) Ln Cd " 0 CA V] P y P r_ Pr in, V) Cn V) V) V) ,., •� Ll P. V) V) v) V) V) Z V) C/) V) V) V) P. U •, ' ~ Pr Py V) V) V) V) V) V) V) V) V) P.. a � , Cl a w V) C4 V) V) V) V) V) P. _ , U C cJ U w 3 u -o _ c JIt = N 'O U bA b0 C➢ CIO u, "O 'O O Cca i U U % U p 'D '� - '-� O � O u a U C4 c. V C U 0 U ° a � �j c O U xa C7 Q UCn Q Ww O O 0) m a. 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