TC Minutes 06-10-1986MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING
HELD JUNE 10, 1986 - 7:30 P.M.
The regular meeting of the Town Council of the Town of Avon,
Colorado, was held in the Municipal Building, 400 Benchmark Road,
Avon, Colorado, in the Council Chambers.
Mayor Nottingham called the meeting to order at 7:40 p.m. A roll
call was taken with Clint Watkins, Steve Miller, Sheila Davis, Al
Connell, and Don Buick. Councilman A.J. Wells was absent. Also
present were Town Attorney John Dunn, Town Manager Bill James,
Director of Engineering/Community Development Norm Wood, Planning
Consultant Jim Lamont, Chief of Police Joe Olson, and members of
the press and public.
The Mayor called for Citizen Input. Jerry Davis, representing the
Vail Symposium, approached the Council. Beth Slifer was unable to
attend. Mr. Davis updated the Council on the upcoming 16th Vail
Symposium. Both Mr. Davis and Mr. James were on the Symposium's
Board of Directors, working to bring the entities closer together.
The Symposium offers a program of pertinent subjects with today's
leaders, for the purpose of introducing new ideas, from outside
the valley, into the community for personal intellectual
development. The Symposium would be held September 20 and 21,
1986, one day in Vail and one day in Beaver Creek. Mr. Davis
requested that the Town of Avon be a Gold Sponsor for the Vail
Symposium program, in the amount of $1,000. Mr. Davis stated
there would be a Children's Symposium this year, for children ages
three to fourteen.
Councilwoman Davis moved approval of a Gold Sponsorship for the
1986 Vail Symposium, in the amount of $1,000. Councilman Buick
seconded the motion.
Councilman Watkins stated that, in light of the revenue
short-falls that have been preliminarily discussed, and in light
of the discussions on raising the utility tax, he felt this was
one expediture that should be cut.
The Mayor stated this was a worthwhile program, and felt the Town
should participate.
Councilman Miller stated he had voiced some negative opinions at
the last meeting regarding the Town's participation. He stated he
has since been informed that, at Council's request, two members of
the Avon community were appointed to the Symposium Board, and he
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was now more comfortable about supporting the event knowing that
two community members are involved in its planning.
The Mayor called for a vote. The motion carried, with Councilman
Watkins opposing.
There being no further Citizen Input, the Mayor closed the
discussion.
Next on the agenda was Resolution No. 86-12, Series of 1986. The
Mayor stated the resolution adopts Ordinance No. 86-10, Series of
1986, AN ORDINANCE ANNEXING TO THE TOWN OF AVON A PARCEL OF LAND
LOCATED IN SECTION 12, T.5 SOUTH, RANGE 82 WEST OF THE 6TH P.M.,
AND SECTION 7, T.5 SOUTH, RANGE 81 WEST OF THE 6TH P.M., EAGLE
COUNTY, COLORADO, AND SETTING FORTH FINDINGS AND CONCLUSIONS AND
OTHER DETAILS THERETO; adopts Ordinance No. 86-12, Series of 1986,
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING MAP OF THE
TOWN OF AVON BY THE INCLUSION OF CERTAIN PROPERTY IN THE SPECIALLY
PLANNED AREA ZONE DISTRICT; and approves the Preliminary Plat for
Eaglebend Subdivision.
Norm Wood stated that the agreement attached to the annexation
ordinance requires that the zoning, the annexation, and the
preliminary plat be approved in one action. The Planning and
Zoning Commission held a public hearing on the requested zoning
for Eaglebend. A map, showing allowed uses, building heights, and
building restrictions for areas I through VI was reviewed with
Council (see attached staff report to the Planning and Zoning
Commission, dated 5/20/86). Upon completion of the Planning and
Zoning Commission's review and public hearing, approval of
Ordinance No. 86-12 was recommended through Planning and Zoning
Commission Resolution No. 86-1, Series of 1986, which included the
Commission's findings and certain changes (see attached Planning
and Zoning Commission Resolution No. 86-1, Series of 1986). Kr.
Wood noted that certain changes have been made to Exhibit B, as
requested by the Planning and Zoning Commission. The Commission
based their findings upon the following:
1. The proposed SPA Zone District and designated zoning
criteria are compatible with the surrounding area;
2. The proposed SPA Zone District is in harmony with the
character of the neighborhood;
3. The proposed development would generally have a positive
effect on the immediate area;
4. The proposed SPA will have a positive effect upon future
development of the area;
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5. The exceptions from the zoning ordinance requirements
and limitations are warranted by virtue of the design and
amenities incorporated in the site plan;
6. Land surrounding the proposed SPA can be planned in
coordination with the proposed SPA;
7. The proposed SPA is in conformance with the general
intent of the Master Plan and general zoning ordinance;
8. The existing and proposed streets are adequate for the
proposed development;
9. The existing and proposed utility services are adequate
for the proposed development;
10. The SPA creates a desirable environment; and
11. The SPA makes it possible for the creation of an
innovative and efficient use of the property. (See attached
memorandum, dated 5/22/86.)
In summary of the proposed zoning: The total area of the site was
33.6 acres. Of the allowed uses, 6.2 acres were designated as
open space, and 27.4 acres were designated for Residential uses
with limited commercial use (this includes streets and roads). A
total of 230 Residential Development Rights were recommended by
the Planning and Zoning Commission; 6.8 per acre for that area, or
8.4 per acre for the non-open space area. Development Rights per
current Eagle County zoning were 5.5/acre, or 185 units. The
development per Eagle County-approved development plan was
4.3/acre, or 145 units. The maximum allowable development rights
in the SPA Zone District was 20/acre, or 548 development rights
(see attached memorandum, dated 5/22/86).
In regard to the public hearing notices, Mr. Wood stated letters
were received from John and Suzanne Railton and Denver Rio Grande
and Western Railroad, and a memorandum from Chris Ekrem, regarding
the proposed annexation of Eaglebend.
The two major concerns with the proposed project were density and
building heights.
Avon Planning Consultant Jim Lamont approached the Council to
address those concerns. He reviewed with Council the meetings
that had occured over the last nine to twelve months with the
Eaglebend developers. Through those meetings, a series of two
major open space areas had been arrived at, that all the project's
buildings and residents would look on to, that could be used for
recreational amenities. Mr. Lamont stated that, if the airport
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elected to end their operations, the downtown density area would
move onto the airport property. When he suggested the high
density high-rise for the Eaglebend site, he felt it fell into the
same category as had been discussed for Development District Five.
Mr. Lamont stated that the Kriz/White property is involved now,
and the White property seemed to be going to higher density
proposals. He stated that a building profile has been negotiated,
through a number of meetings with the developers, that would be
lower than what had been suggested. Mr. Lamont had suggested that
70 feet would be a more appropriate height for the building that
had previously been proposed at 90 feet. The Planning and Zoning
Commission had discussed structural parking within the building,
and Mr. Lamont stated he had been persuaded during those
conversations that there were enough provisions in the annexation
and zoning agreement to bring the building within the proper
scale. He stated that market conditions will have a great
influence on the ultimate form of that building. Mr. Lamont felt
that, since there was no projected time for the start of building,
it was possible that the number of units proposed may never be
built.
It was stated that the combination of the open space requirements
and the 70 foot height would necessitate that structural parking
be provided. Whether it would be contained in a building or be a
separate parking structure had yet to be decided.
Arthur Wise, Eaglebend architect and land planner, approached the
Council. He gave a brief history of his past projects, then
proceeded to show slides of the Eaglebend project.
Councilman Watkins asked if there would be any objection to
leaving Area IV with exactly the 32 units, with no further
fractionalization. The developer stated there were no objections.
Councilman Connell was concerned about not having any access to
the project from Avon Road. Mr. Kleinstein stated when the
project was started, they were told the project would need two
accesses; to comply, they had to build a bridge. At this time,
not knowing future development, they have done everything
requested to proceed with beginning the project. He stated they
have incorporated the flexibility to design that access feature
into their road for the future.
Councilman Connell felt they were creating an island, and felt the
matter needed to be resolved.
Jeff Spanel stated they have provided Tract B, that was zoned
strictly for no development, for the purpose of leaving open the
opportunity for the road to be extended in the future.
After lenghty discussion, the Mayor opened the meeting for public
hearing.
Tully Dunlap, representing the lending institution of the original
Stonebridge developer, approached the Council. He stated they
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were in complete agreement with Mr. Kleinstein's proposal. He
felt it would not only be an asset to the Town of Avon, but would
enhance the value of the property currently there, also.
Chris Ekrem, an Eaglebend property owner, approached the Council.
She questioned the integrity of the developer's actions in not
soliciting the property owners' input on an issue as major as this
proposed project. She questioned the cost benefit evaluation,
wondering how most of those taxes would effect her as an
individual, and questioned the effect of the Real Estate Transfer
tax on the individual property owner.
Mr. James then explained the cost benefit evaluation and the
effect the taxes would have on the Eaglebend property owners.
At this point, the Mayor closed the public hearing, and offered
the issue for a motion.
Councilman Buick moved approval of Resolution No. 86-12, Series of
1986. Councilman Connell seconded the motion.
After further discussion, Councilman Watkins moved to amend the
motion to stipulate that Area IV development rights can not be
fractionalized under the Town's fractionalization procedures.
Councilwoman Davis seconded the motion to amend, and it carried
unanimously.
Further discussion ensued regarding access to the Eaglebend
property.
Council asked if they were any further discussions regarding the
Frank Doll property, along side of Eaglebend, and the Mauri
Nottingham property, that would provide the Town with options on
an easement in the future. Jeff Spanel stated that an option
exists on an easement across the Doll property.
Mauri Nottingham stated there was a three year option that
the Town could pick up. The cost was $56,000, and the cost
would increase $3,000 each year for three years. Mr. Nottingham
stated he could give the Town an easement now, provided the Town
did not designate a location within that property.
It was stated there was no access through Bill Nottingham's
property as yet, but there could possibly be a breakthrough before
long.
Access for buses and emergency vehicles was discussed.
After further discussion, Councilman Buick moved to amend the
original motion further to direct staff to follow through on
obtaining an assignment of the easement Frank Doll had granted to
Nottingham & Associates, to obtain a floating 50 foot easement
through Nottingham & Associates' property with an automatic 50
foot easement in the event something is resolved with the Bill
Nottingham property, and to obtain an agreement from Eaglebend
granting the Town an easement from the cul-de-sac, through the
property identified as Tract B, Filing #4, for buses and emergency
vehicles. Councilman Connell seconded the motion to amend further,
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and it carried unanimously.
The Mayor then called for a roll call vote on the original motion.
Council members Clint Watkins, Steve Miller, Sheila Davis, Don
Buick, and Al Connell voted "aye". There were no "nay" votes.
The motion carried unanimously.
First reading of Ordinance No. 86-13, Series of 1986, AN ORDINANCE
PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP OF THE TOWN
OF AVON BY THE INCLUSION OF CERTAIN DESCRIBED LAND IN THE
NEIGHBORHOOD COMMERCIAL ZONE DISTRICT AND OF OTHER CERTAIN
DESCRIBED LAND IN THE OPEN SPACE, LANDSCAPING AND DRAINAGE ZONE
DISTRICT.
Norm Wood stated that Eagle River Townhouse Associates had filed
application with the Planning and Zoning Commission for a zone
change for the eastern portion of the proposed Selby Annexation.
The zone change request was from Specially Planned Area (SPA), to
Neighborhood Commercial (NC). The request also included a strip
of land along the Eagle River, that they were proposing as Open
Space, Landscaping, and Drainage (OLD). Mr. Wood stated that the
Planning and Zoning Commission held a public hearing, and had
recommended Council approval subject to: (1) approval and
recording of a Final Subdivision Plat for Riverside Center,
showing land division and allowed uses as noted on Exhibit B, the
Zoning Plat for Riverside Center; (2) the following modification
to Exhibit B: relocation of the dividing line, between 1 and
Tract A, to be 20 feet horizontally from the mean annual high
water line such that the rear 10 foot building setback line
corresponds with the 30 foot stream setback line.
Councilman Connell moved approval of Ordinance No. 86-13, Series
of 1986, on first reading. Councilman Miller seconded the motion.
Those Council members voting "aye" were Steve Miller, Sheila
Davis, Clint Watkins, Al Connell, and Don Buick. There were no
"nay" votes. The motion carried unanimously.
First reading of Ordinance No. 86-14, Series of 1986, AN ORDINANCE
AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO
THE PUBLIC ACCOMMODATION TAX BY CHANGING THE AMOUNT THEREOF AND
PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
Mr. James stated that, at the last meeting, Council agreed to
raise the Accommodation Tax, bringing the total Accommodation Tax
to 1.8%, and the total tax for lodging in Avon to 9.9%.
Councilman Miller moved approval of Ordinance No. 86-14, Series of
1986, on first reading. Councilman Connell seconded the motion.
Those Council members voting "aye" were Sheila Davis, Clint
Watkins, Steve Miller, Al Connell, and Don Buick. There were no
"nay" votes. The motion carried unanimously.
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Mr. Dunn reported on the pending International Surplus Lines law
suit. He reviewed the history of the litigation with Council. He
stated they had to reset hearing on the trial of Wilson/McAdams on
the basis of the stipulation, and the earliest open date for the
hearing was October 24, 1986, just for one hour.
Mr. Dunn stated that the Blodgett litigation was completed. The
Judge ordered payment of $20,000 in attorneys' fees, after $47,000
had been requested. International Surplus Lines has paid the
attorneys' fees.
Mr. James discussed the road improvements program with Council.
Councilman Miller moved to approve proceeding with the Wildridge
Subdivision road improvements chip and seal program, in an amount
not to exceed $42,000. Councilwoman Davis seconded the motion,
and it carried unanimously.
Mr. James discussed the proposed Utility Tax increase with
Council. He felt that an additional tax on utilities would not be
fair to local residents. Mr. James requested Council
authorization to present the loding community with a request for
an additional 1% to 2% in the form of an excise tax. He felt it
would be a more equitable mechanism. He also asked Council to
consider increasing the Utility Tax, from 1 - 2%, for commercial
uses only, not residential.
Council agreed. No action was taken.
Mr. James reported on the Mountain Man Winter Triathlon 1987
contribution. He requested that Council authorize the $5,000
contribution at this time, with the stipulation that no funds will
be budgeted in 1987.
Ted Martin, representing the Mountain Man Winter Triathlon,
approached the Council. He stated the contribution would be used
for insurance, salaries, and office supplies. He stated he was,
at present, involved in negotiations with CBS' Sports World and
ABC's Wide World of Sports for coverage of the 1987 event.
After.discussion, Councilman Miller moved approval of the $5,000
contribution to the Mountain Man Winter Triathlon. Councilwoman
Davis seconded the motion, and it carried unanimously.
The Financial Matters were next presented to Council.
Councilman Miller moved to receive items #1 through #9.
Councilman Buick seconded the motion, and it carried unanimously.
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Councilman Miller moved approval of the General Fund Accounts
Payable for June 10, 1986. Councilman Buick seconded the motion,
and it carried unanimously.
Councilman Watkins felt that, for the amount the Town was spending
on attorney's fees, Council should consider obtaining in-house
legal counsel. He directed the Town Manager to explore that
possibility. Councilman Connell seconded the motion.
Councilman Watkins asked to see a report on the amount the Town
has spent on legal fees so far this year, and what the Town might
save on having in-house counsel. The Mayor called for a vote on
the motion. The motion carried, with Councilmen Miller and Buick
opposing.
Councilman Miller moved approval of the Reconciliation Sheets of
Accounts Payable for June 10, 1986. Councilman Watkins seconded
the motion, and it carried unanimously.
The minutes of the May 27, 1986, Council meeting were next
presented to Council. Councilman Buick moved approval of the May
27th meeting minutes, with the following correction. On page 8,
7th paragraph, 10th line, change "the $40,000 earmarked for
improvements to the softball field", to "the $40,000 earmarked for
landscaping of Tract P". With that correction, Councilman Miller
seconded the motion, and it carried unanimously.
Councilwoman Davis resigned her position as representative to the
Northwest Colorado Council of Governments. She stated her time
was very limited, and she felt she could not to justice to the
appointment.
Councilman Connell moved to appoint Councilman Watkins at
representative to the Northwest Colorado Council of Governments.
Councilman Buick seconded the motion, which carried with
Councilman Watkins abstaining.
The purchase of Stun Guns for the Police Department was discussed.
The Department was still interested in obtaining the guns.
Council was under the impression that Stun Guns had already been
purchased. They agreed to the purchase of three Stun Guns, to be
paid for by the Town.
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There being no further business to come before the Council,
Councilman Miller moved to adjourn. Councilman Watkins seconded
the motion. Mayor Nottingham adjourned the meeting at 10:20 p.m.
spe fully Submitted,
tricia J. Do e, Town C1 `rk
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APPROVED:
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STAFF REPORT TO PLANNING b ZONING COMMISSION - 5/20/86
Eaglebend Subdivision
SPA Zoning Request
Ordinance 86-12
Public Hearing
INTRODUCTION:
A petition for annexation of the Eaglebend Subdivision has been filed with, and
accepted by the Avon Town Council. The Eaglebend Subdivision was previously
approved by Eagle County and is located between the Eagle River and the Denver
Rio Grande and Western Railroad Tracks east of the Nottingham Station Addition.
The proposed annexation includes the Frank Doll property and residence. The
annexation petition includes an annexation agreement which stipulates that
zoning is to be assigned concurrently with final annexation action. The
applicant is requesting SPA zoning for the area included in the proposed
annexation.
In accordance with Section 17.20.060 of the Avon Municipal Code, the applicant
has submitted a site plan establishing allowable densities, uses and required
parking, and other zoning matters. The site plan divides the proposed
annexation area into six different areas with specific zoning criteria for each.
Ordinance 86-12 establishes the proposed annexation area as an SPA Zone District
and establishes the allowed densities, uses and zoning criteria for each of the
six areas by including the site plan in its adoption. The applicant has submitted
conceptual drawings showing the type of development that could occur in each of
the areas under the proposed zoning criteria.
This is a formal public hearing for the zoning request. Following the public
hearing and Commission review, a specific recommendation regarding the requested
action should be forwarded to the Town Council.
STAFF COMMENTS:
The zoning process for the requested SPA (Specially Planned Area) Zone District
establishes the development rights and allowed uses wihtin the district as well
as other zoning regulations such as building height, building setbacks, maximum
building area and parking requirements. This information is shown on Zoning Plat
for Eaglebend which is also Exhibit B to Ordinance 86-12.
In order to maintain a thorough and orderly review, Staff recommends the zoning
for each area be considered independently followed by a review of the project as
a whole.
The following chart summarizes the zoning criteria as requested on the Zoning
Plat for Eaglebend as well as Staff recommendations where different.
Staff Report to Planning & Zoning Commission - 5/20/86
Eaglebend Subdivision - SPA Zoning Request
Ordinance 86-12 - Public Hearing
Page 2 of 6
AREA I
REQUESTED
2.3 Acres
STAFF RECOMMENDATION
Allowed Uses Condominium apartment, lodge, hotel, • Same
recreational & community facilities,
limited commercial uses consisting of
restaurant, retail shops and offices.
Commercial space limited to 15% of
building area.
Development Rights
67 RDR's 29.1/Acre
56 RDR's 24.3/Acre
Parking Requirements
Building Setbacks
Maximum Building Area
Maximum Building Height 90 feet with two levels - structured
parking providing at least one space
per residential unit.
Minimum Useable Open Space 25%
AREA II
Allowed Uses Multi-family dwellings, condominiums, Same
townhouses, apartments, accessory
buildings and uses.
Development Rights 83 RDR's 16.9/Acre
Per Chapt. 17.24 of AMC with exception Per Chapt. 17.24 of AMC
from 10 foot front yard setback. No exceptions.
As shown on Zoning Plat for Eaglebend Same
50% of total lot area
4.9 Acres
35% total lot area
Same
35% including outdoor
recreational facilities
such as swimming pools
& tennis courts.
77 RDR's 15.7/Acre
Parking Requirements Per Chapt. 17.24 of AMC with exception Per Chapt. 17.24 of AMC
from 10 foot front yard setback No exceptions.
requirement.
Building Setbacks
Maximum Building Area
As shown on Zoning Plat for Eaglebend Same
50% of Area II
25% of Area II
Maximum Building Height
45 feet
Same
Minimum Useable Open Space 40% of Area II Same
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Staff Report to Planning & Zoning Commission - 5/20/86
Eaglebend Subdivision - SPA Zoning Request
Ordinance 86-12 - Public Hearing
Page 3 of 6
REQUESTED STAFF RECOMMENDATION
AREA III ' .y Acres
Allowed Uses Single family, duplex, multi-family Same
dwellings, condominiums, townhouses,
apartments, accessory buildings and
uses.
Development Rights 19 RDR's 6.6/Acre Same
Parking Requirements Per Chapt. 17.24 of AMC with exception Same
from 10 foot front yard setback
requirement.
Building
Setbacks
As shown on Zoning Plat for Eaglebend
Same
Maximum
Building Area
50% of Area III
20% of Area III
Maximum
Building Height
35 feet
Same
Minimum
Useable Open Space
25% of Area III
60% of Area III
AREA IV 3.2 Acres
Allowed Uses Duplex, multi-family dwellings,
condominiums, townhouses, apartments,
accessory buildings and uses.
Development Rights 32 RDR's 10.0/Acre
Parking Requirements Per Chapt. 17.24 of AMC
Building Setbacks Front 25 feet - Side 7.5 feet
Rear - 10 feet
Maximum Building Area 50% of Area IV
Maximum Building Height 35 feet
Minimum Useable Open Space 25% of Area IV
Same
Same
Same
Same
25% of Area IV
Same
40% of Area IV
Staff Report to Planning & Zoning Commission - 5/20/86
Eaglebend Subdivision - SPA Zoning Request
Ordinance 86-12 - Public Hearing
Page 4 of 6
REQUESTED STAFF RECOMMENDATION
Allowed Uses
One and two family dwellings,
Same
accessory buildings and uses.
Development Rights
38 RDR's 2/Lot Avg. 5.4/Acre
Same
Parking Requirements
Per Chapt. 17.24 of AMC
Same
Building Setbacks
Front 25 feet except 20 feet for lots
Front 25 feet except
16-19 - Side 7.5 feet - Rear - 10 feet.
20 feet for Lot 19
Maximum Building Area
50% of lot area
Same
Maximum Building Height
35 feet
Same
Minimum Useable Open Space
25% of lot area
Same
AREA VI
1.5 Acres
Allowed Uses
One and two family dwellings,
Same
accessory buildings and uses.
Development Rights
2 RDR's
Same
Parking Requirements
Per Chapt. 17.24 of AMC
Same
Building Setbacks
Front 25 feet - Side 7.5 feet
Same
Rear 10 feet
Maximum Building Area
50%
Same
Maximum Building Height
35 feet
Same
Minimum Useable Open Space
25%
Same
TRACT A
.6.2 Acres
Allowed Uses
Open space, landscaping, drainage,
Same
pedestrian trails, bike paths and
utilities.
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Staff Report to Planning & Zoning Commission
Eaglebend Subdivision - SPA Zoning Request
Ordinance 86-12 - Public Hearing
Page 5 of 6
SUMMARY
0
5/20/86
Allowed Uses 6.2 Acres - Open space
27.4 Acres - Residential with limited commercial
(Includes streets and roads)
Development Rights 241 RDR's 7.2/Acre Total Area
(Requested) 8.8/Acre Developable Area
Development Rights 223 RDR's 6.6/Acre Total Area
(Staff Recommendation) 8.1/Acre Developable Area
This proposed SPA Zone District is located immediately east of Development
District Five as defined in DEVELOPMENT GOALS, POLICIES, AND PROGRAMS FOR THE
TOWN OF AVON, COLORADO. A copy of the Goals, Policies and Programs for
Development District Five are attached for your consideration and convenience.
STAFF RECOMMENDATIONS:
We recommend the Commission consider the proposed, allowed uses, densities, and
zoning restrictions for each individual area. When reviewing each area, we
suggest the Commission also consider the-Staff recommendations listed on the
summary sheet under Staff Comments. After reviewing the proposed zoning criteria
for each area, we suggest the Commission review the complete project for confor-
mance with the criteria contained in the attached Resolution 86-1.
When reviewing this zoning request, we recommend the conceptual design drawings
and other information be used only to evaluate the general type of development
which could be expected with the proposed zoning criteria.
Upon completion of public hearing and Commission review, we recommend the
adoption of Resolution 86-1 with appropriate modifications.
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Staff Report to Planning b Zoning Commission - 5/20/86
Eaglebend Subdivision - SPA Zoning Request
Ordinance 86-12 - Public Hearing
Page 6 of 6
RECOMMENDED ACTION:
i. introuuLe pruue%~L;
2. Presentation by applicant;
3. Public Hearing;
4. Commission review:
a. Area I;
b. Area II;
c. Area III;
d. Area IV;
e. Area V;
f. Area VI;
g. Overall project (requested zone district);
5. Adopt Resolution 86-1 with appropriate modifications.
Respectfully Submitted,
Norm Wood
Director of Engineering
and Community Development
Planning and Zoning Action:
Approved as Submitted ( ) Approved with Recommended Conditions ( )
Approved with Modified Conditions ( ) Continued ( ) Denied ( ) Withdrawn ( )
Date Patricia Cuny, Secretary
RECOMMENDED ACTION:
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TOWN OF AVON
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 86-1
SERIES OF 1986
A RESOLUTION FROM THE TOWN OF AVON PLANNING AND ZONING COMMISSION
RECOMMENDING THE AVON TOWN COUNCIL APPROVE ORDINANCE 86-12
AMENDING THE ZONING MAP OF THE TOWN OF AVON BY
THE INCLUSION OF CERTAIN PROPERTY (EAGLEBEND SUBDIVISION) IN THE
SPECIALLY PLANNED AREA ZONE DISTRICT
WHEREAS, Eaglebend, a partnership, has filed application
with the Town of Avon to amend the zoning district map to include
the property (Eaglebend Subdivision) in the specially planned area
zone district of the Town of Avon; and
WHEREAS, public hearings have been held by the Planning
and Zoning Commission of the Town of Avon, pursuant to notices
required by law, at which the applicant and the public were given
an opportunity to express their opinions and present certain
information and reports regarding the proposed amendment; and
WHEREAS, following such public hearings and consideration
of such information as presented, the Planning and Zoning
Commission finds as follows:
1. The proposed Specially Planned Area Zone District
and designated zoning criteria is compatible with
the surrounding area;
2. The proposed Specially Planned Area Zone District
is in harmony with the character of the neighborhood;
3. The proposed development would generally have a
positive effect on the immediate area;
4. The proposed Specially Planned Area will have a
positive effect upon future development of the area;
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5. The exceptions from the zoning ordinance
requirements and limitations are warranted by
virtue of the design and amenities incorporated
in the site plan;
6. Land surrounding the proposed Specially Planned
Area can be planned in coordination with the
proposed Specially Planned Area;
7. The proposed Specially Planned Area is in
conformance with the general intent of the
Master Plan and general intent of the Master Plan
and general zoning ordinance;
8. The existing and proposed streets are suitable
and adequate to carry anticipated traffic within
the area and in the vicinity of the area;
9. The existing and proposed utility services are
adequate for the proposed development;
10. The Specially Planned Area creates a desireable
environment;
11. The Specially Planned Area makes it possible
for the creation of an innovative and efficient
use of the property.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND
ZONING COMMISSION OF THE TOWN OF AVON, COLORADO, THAT:
The Planning and Zoning Commission of the Town of Avon,
Colorado hereby recommends the Town Council of the Town of Avon,
Colorado adopt ORDINANCE 86-12, Series of 1986, AN ORDINANCE
PROVIDING FOR THE AMENDMENT OF THE ZONING MAP OF THE TOWN OF
AVON BY THE INCLUSION OF CERTAIN PROPERTY IN THE SPECIALLY
PLANNED AREA ZONE DISTRICT, subject to:
1. Completion of the annexation process;
2. Approval and recording of a Final Subdivision
Plat for Eaglebend Subdivision showing land
divisions, allowed uses, densities and zoning
restrictions as noted on EXHIBIT B (Zoning Plat
for Eaglebend);
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3. The following modifications to EXHIBIT B:
Area I a. Reduce assigned Development Rights from 67 to 56
Residential Development Rights;
b. Reduce Maximum Building Area Ratio from 50
percent to 35 percent;
C. Increase Minimum Useable Open Space from 25
percent to 35 percent and add note to include
outdoor recreational facilities such as tennis
courts and swimming pools in useable open space
calculations.
Area II a. Reduce Maximum Building Area Ratio from 50
percent to 25 percent;
b. Add note to reduce designated building setback
requirements by 2 feet at a minimum distance
of 10 feet above ground level.
Area III a. Reduce Maximum Building Area Ratio from 50
percent to 20 percent;
b. Increase Minimum Useable Open Space from 25
percent to 60 percent.
Area IV a. Reduce Maximum Building Area Ratio from 50
percent to 25 percent;
b. Increase Minimum Useable Open Space from 25
percent to 40 percent.
Area V a. Increase the designated front lot setback on
Lots 16, 17, and 18 from 20 feet to 25 feet.
APPROVED THIS 20TH DAY OF MAY, 1986.
Patricia Cuny, Secretary
Michael S. Blair, Chairman
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• M E M 0 •
TO: Honorable Mayor and Town Council Members
FROM: Planning and Zoning Commission
DATE: May 22, 1986
RE: Proposed SPA Zone District - Eaglebend
Ordinance 86-12
The Planning and Zoning Commission held a public hearing on May 20, 1986
regarding the requested amendment to the Zoning Map of the Town of Avon to
include Eaglebend Subdivision in the Specially Planned Area Zone District.
Following the public hearing, the Commission adopted Planning and Zoning
Commission Resolution No. 86-1 recommending Council approval of Ordinance 86-12
subject to the stated conditions.
This recommendation for approval was based upon:
1. The proposed SPA Zone District and designated zoning criteria is compatible
with the surrounding area;
a. Properties within the town boundary adjoining Eaglebend on the south
and west are currently zoned SPA;
b. Existing projects adjoining Eaglebend on the south and developed as
a portion of Eagle-Vail typically have densities-varying from 11
to 29 units per acre;
2. The proposed SPA Zone District is in harmony with the"character of the
neighborhood;
a. The proposed development concentrates the most intense density and
use adjacent to the main entrance and near the center of the
development. The proposed densities and uses decrease to the east
and west to match existing uses at the east-west boundaries;
b. The area along the Eagle River is designated as open space and would
essentially remain in its natural state. This creates a distinct
separation and natural transition from the proposed development and
existing or future development to the south;
3. The proposed development would generally have a positive effect on the
immediate area;
a. The proposed zoning provides an opportunity for development that
does not exist under current county regulations;
0 •
Memo to Mayor and Town Council
From Planning and Zoning Commission
May 22, 1986
Proposed SPA Zone District - Eaglebend
Ordinance 86-12
Page 2 of 4
3. b. The proposed development provides an opportunity for the Town to
acquire open space along the Eagle River for possible future
development as river front park;
c. The increased density and intensity of use will detract from the
privacy and solitude enjoyed by the current owners of the existing
residential units and duplex lots;
4. The proposed SPA will have a positive effect upon future development
of the area;
a. The creation of additional and varied housing for both residents
and visitors expands economic opportunities in the area creating
a basis for additional development;
5. The exceptions from the zoning ordinance requirements and limitations
are warranted by virtue of the design and amenities incorporated in
the site plan;
a. Exceptions to the zoning regulations generally consist of a maximum
building height increase from 80 feet to 90 feet and a reduction in
building and parking lot setback requirements;
b. Pre-existing development including existing buildings, parking lots
and utilities necessitate setback exceptions;
c. The increased building height is based upon the provision of
structured parking;
d. The increased building height and structured parking makes it possible
to increase the useable open space and landscaped areas significantly
as well as providing space for recreational amenities including
tennis courts and swimming pool;
6. Land surrounding the proposed SPA can be planned in coordination with
the proposed SPA;
a. The uses and intensity of development surrounding developed properties
are similar to the proposed development;
b. The surrounding undeveloped properties have a variety of options for
development including a wide range of commercial and residential
uses which would be compatible with the proposed development;
Memo to Mayor and Town Council
From Planning and Zoning Commission
May 22 , 1986
Proposed SPA Zone District - Eaglebend
Ordinance 86-12
Page 3 of 4
7. The proposed SPA is in conformance with the general intent of the
Master Plan and general zoning ordinance;
a. The proposed SPA is adjacent and similar to Development District Five
as defined in the adopted DEVELOPMENT GOALS, POLICIES AND PROGRAMS
FOR THE TOWN OF AVON, COLORADO;
b. The proposed SPA generally conforms with the adopted Goals, Policies
and Programs for Development District Five;
c. Excerpts from Goals include:
I.A. 1 Encourage the expansion of residential density for both
short and long term occupancy, .
I.A. 3 Promote the development of non-residential uses provided
that they are compatible with surrounding residential uses. . . .
II.A. 1 Encourage the development of a wide variety of residential
housing types, .
II.A. 2 Encourage the physical separation of low density residential
development from mixed use commercial/residential or higher
residential areas;
IV.A. 1 Encourage residential developers to provide on-site cultural,
educational, and recreational facilities for their guests
and residents;
IV.A. 2 Promote natural and landscaped open space, parks, playgrounds,
and pedestrian malls;
IV.A. 3 Encourage and provide for contiguous parking facilities
between adjacent sites that are available for use by the
general public;
V.A. 3 Provide flexible setback standards, shared parking standards
and increased allowable lot coverage in order to facilitate
the development of commercial and public uses;
V.A. 6 Promote an urban townscape that provides for structures,
on the same or adjacent sites, of varying heights from low
to high profile, that incorporate and establish a pedestrian
scale; significant landscaping, continuous interior and
exterior public malls; interconnected covered, centralized
parking, enclosed atriums, and interior open space;
community recreational, educational and cultural facilities;
i •
Memo to Mayor and Town Council
From Planning and Zoning Commission
May 22, 1986
Proposed SPA Zone District - Eaglebend
Ordinance 86-12
Page 4 of 4
8. The existing and proposed streets are adequate for the proposed development;
a. Staff reports and preliminary calculations indicate a peak hour traffic
volume at full development approximately 250 vehicles per hour.
Carrying capacity of street is approximately 1,200 vehicles per hour;
b. Street plan does not preclude future connection to Avon Road;
9. The existing and proposed utility services are adequate for the proposed
development;
a. Letter of April 29, 1986 from David L. Krenek, P.E. of Upper Eagle
Valley Water and Sanitation Districts indicates that adequate water
and sewer service is available for the proposed development;
10. The SPA creates a desireable environment;
a. The proposed development provides large areas of open space, public
access to the Eagle River and on-site recreational amenities;
11. The SPA makes it possible for the creation of an innovative and efficient
use of the property;
a. Use of fractionalization of development rights improves economic
feasibility of development;
b. Use of structured parking increases useable open space area and allows
provision of outdoor recreational amenities;
c. Proposed development maintains view corridors for residential units;
d. High rise building design incorporates provisions for maintaining
clear zone for Rocky Mountain STOLport.
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•
MEMO
TO: Bill James, Town Manager
FROM: Norm Wood, Director of Engineering and Community Development
DATE: May 22, 1986
RE: Eaglebend Subdivision - SPA Zoning Request
Ordinance 86-12
The Eaglebend Subdivision has been proposed for annexation to the Town of Avon.
The proposed annexation includes an agreement which stipulates that final zoning
and annexation actions shall be concurrent. Proposed uses, densities and zoning
restrictions are shown on the Zoning Plat for Eaglebend (EXHIBIT B to Ordinance
86-12). The requested SPA zoning is summarized as follows:
Total Area
33.6 Acres
Allowed Uses 6.2 Acres - Open Space
27.4 Acres - Residential with limited commerical
(Includes streets and roads)
Development Rights Requested
241 Residential Development Rights
7.2/Acre Total Area
8.8/Acre Developable Area
Development Rights per Planning and Zoning Recommendation
230 Residential Development Rights
6.8/Acre Total Area
8.4/Acre Developable Area
Development Rights Per Current Eagle County Zoning
5.5/Acre or 185 units
Development Per Eagle County Approved Development Plan
4.3/Acre or 145 units
Maximum Allowable Development Rights in SPA Zone District
20/Acre or 548 Development Rights
Memo to Bill James
From Norm Wood
May 22, 1986
Eaglebend Subdivision - SPA Zoning Request
Ordinance 86-12
Page 2 of 2
RECOMMENDED ACTION:
1. Meet at site at 4:30 PM for field inspection and familiarization with
existing conditions;
2. Applicant presentation of proposed development for requested zoning action;
3. Council review of Planning and Zoning Commission recommendation (Resolution
86-1 and accompanying memo);
4. Approve Ordinance 86-12 on First Reading.
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