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PZC Res. No. 1998-07J:\Planning & Zoning Commission\Resolutions\1998\Res 98-07 Village @ Avon PUD.doc TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 98 - 7 SERIES OF 1998 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF A PUD DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR THE VILLAGE AT AVON, [LEGAL ATTACHED], TOWN OF AVON, EAGLE COUNTY, COLORADO HEREAS, the EMD LLC, owners of the Village at Avon, have applied for PUD Zoning Zoning and Development Plan approval, as stipulated in Title 17 of the Avon Municipal Municipal Code, for a parcel of land described in Exhibit A, and HEREAS, a public hearing has been held by the Planning & Zoning Commission of the of the Town of Avon, pursuant to notices required by law, at which time the applicant applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD Zoning and Development Plan application, and HEREAS, the Planning & Zoning Commission has reviewed and evaluated the Development Plan according to the criteria Section 17.20.110, subsection H, of the Avon the Avon Municipal Code, and hereas, upon amendment of the Development Plan by the Conditions herein, the Planning Planning & Zoning Commission finds that: 1. The density, land uses and overall pattern of development conform to the Avon Comprehensive Plan goals and objectives. 2. The Development Plan conforms to the overall design theme of the town, the Subarea design recommendations and design guidelines; 3. The project Design is compatible with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation; 4. The project proposes a mix of uses, activity, and density which provide a compatible, efficient, and workable relationship with surrounding uses and activity; 5. The Development Plan identifies and proposes mitigation and/or avoidance of natural and/or geologic hazards that affect the property; 6. The general pattern of development as represented by the Development Plan and associated depictions of representative structures, plus the amount and location of open space, appear to be designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community; W W W W J:\Planning & Zoning Commission\Resolutions\1998\Res 98-07 Village @ Avon PUD.doc 7. The project incorporates 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. The project proposes functional and aesthetic landscaping and open space that will optimize and preserve natural features, recreation, views and function; 9. The phasing plan appears adequate to maintain a workable, functional and efficient relationship throughout the development of the PUD. The phasing plan clearly demonstrates that each phase can be workable, functional and efficient without relying upon completion of future project phases; 10. There are, or will be as needed, adequate public services including sewer, water, schools, transportation systems, roads, parks, and police and fire protection; 11. That the existing streets and roads are or will be upon modification suitable and adequate to carry anticipated traffic within the proposed PUD and near the proposed PUD. OW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission hereby recommends to the Town Council of the Town of Avon, Colorado to approve the PUD Zoning and and associated Development Plan, and amendment to the Zoning District Map to reflect the annexation of the parcel described in Exhibit A, and its designation as Planned Unit Development (PUD), subject to the following conditions: 1. The final Design Review Guide, once completed by the applicant, must be submitted to the Town for review and approval prior to its final adoption by the Village Design Review Board. 2. The language in the PUD Guide, Section A, subsection 5, that reads “…application of such Municipal Code provision shall not directly or indirectly have the effect of altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying, or otherwise adversely affecting any of Owner’s vested property rights set forth in the Development Plan or the Annexation and Development Agreement,” should be amended to read “…application of such Municipal Code provision shall not directly or indirectly have the effect of unreasonably affecting any of Owner’s vested property rights set forth in the Development Plan or the Annexation and Development Agreement.” All similar statements in the PUD Guide, Annexation Agreement and other documents adopted as part of the approval of this project should likewise be amended. 3. The applicant should immediately initiate the approval and design process for the extension of Swift Gulch Road to the proposed interchange, and proceed to completion at the earliest opportunity. 4. The applicant will enter into a master housing agreement with the Town, which will reflect at a minimum the Town’s adopted limits and policies regarding pricing, appreciation, capital allowances and real estate transaction fees. 5. The PUD Guide, Supplemental Regulations, Subsection I-5, should be amended to read: “5. Design and Improvement Standards Development within the Village (at Avon) shall comply with the Design and Improvement Standards contained within Section 16.40 of the Avon Municipal Code in effect on June 1, 1998, with the following modifications: (a) Roadway standard modifications for public and private roads located north of Interstate Highway 70: i. Cul-de-sac serving more than 250 residential units – maximum length 0.3 miles, constructed to collector street standards. ii. Cul-de-sac serving 60 to 250 residential units – maximum length 2.5 miles constructed to local street standards. iii. Cul-de-sac serving fewer than 60 residential units – private only: Minimum driving surface width – 22 feet Minimum shoulder width – 1 foot Design speed – 25 MPH N J:\Planning & Zoning Commission\Resolutions\1998\Res 98-07 Village @ Avon PUD.doc Maximum grade – 10% Minimum Sight Distance – 150 fee (b) Curb, gutter and an equivalent width sidewalk may be installed in lieu of required shoulders. (c) Variances from Town of Avon Design and Improvement Standards in Section 16.40 of the Avon Municipal Code will be considered on a case by case basis at the Preliminary Plan review stage as sufficient details are provided to fully evaluate the impacts of the proposed variances.” 6. Construction of all residential structures in the areas north of I-70 shall include installation of appropriate fire sprinkler systems. 7. Lots 1-5 and associated infrastructure, including the access road should be deleted from the development plan, and the area designated as Open Space. 8. The following uses within Planning Area OS-10 should be reclassified from “Allowed Use” to “Special Review Use:” (iii) Lakes, ponds, reservoirs and irrigation ditches; (iv) Park and picnic facilities and related parking; (v) Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings. 9. Land dedication for the school site should conform to the Town’s requirements in Title 16 of the Avon Municipal Code. 10. The applicant should provide, for Town review and approval, a phasing plan for park improvements, including the Regional Park, linear park, and pocket parks. 11. Parks, recreation, and trails facilities should be open to the public, in accordance with Town regulations. 12. The PUD Guide should include proportions of commercial square footage and residential density allowed within each planning area. 13. The PUD Guide should reflect the Urban Land Institute (ULI) definition in “Dimensions of Parking” third Edition, Appendix C. 14. Density calculations (number of units/area of parcel) should exclude areas with slopes > 40%. 15. Trail access will be provided to the Town’s satisfaction, which will not be unreasonably withheld. ADOPTED THIS 1st DAY OF SEPTEMBER 1998 Signed: _____________________________________ Date: ___________________ Chris Evans, Chair Attest: _____________________________________ Date: ___________________ Sue Railton, Secretary