TC Ord. No. 2001-08 Approving zoning for lots 1,2 and 3 of a resubdivision of lots 1,2,3,4 and 5 of mcgrady acres subdivision TOATOWN OF AVON
ORDINANCE NO. 01-08
SERIES OF 2001
AN ORDINANCE APPROVING ZONING FOR LOTS 1, 2, AND 3
OF A RESUBDIVISION OF LOTS 1, 2, 3, 4 AND 5 OF MCGRADY
ACRES SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO.
WHEREAS, Traer Creek LLC has applied for zoning for Lots 1, 2, and 3 of a
resubdivision of Lots 1, 2, 3, 4 and 5 of McGrady Acres Subdivision from Eagle County PUD
(Planned Unit Development) to NC (Neighborhood Commercial) and GPEH (Government, Park,
and Employee Housing); and
WHEREAS, the proper posting, publication and public notices for the hearings before
the Planning & Zoning Commission of the Town of Avon were provided as required by law; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public
hearing on September 4, 2001, at which time the applicant and the public were given an
opportunity to express their opinions and present certain information and reports regarding the
zoning application; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded its recommendations on the zoning application to the Town Council of the Town of
Avon; and
WHEREAS, after notices provided by law, this Council held a public hearing on the
23 day of octoh _r , 2001, at which time the public was given an opportunity to express
their opinions regarding the application; and
WHEREAS, the Town Council of the Town of Avon finds as follows:
1. The proposed zoning is justified by changed or changing conditions in the
character of the area proposed to be zoned.
2. The proposed zoning is consistent with the Town's Comprehensive Plan.
3. The proposed use(s) are compatible with the surrounding area or uses.
4. Adequate facilities are available to serve the development for the type and scope
suggested by the proposed zone.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
1. Traer Creek LLC's zoning application for Lots 1, 2, and 3 of a resubdivision of Lots 1, 2, 3, 4
and 5 of McGrady Acres Subdivision from Eagle County PUD (Planned Unit Development)
to NC (Neighborhood Commercial) on Lots 2 and 3 and GPEH (Government, Park, and
Employee Housing) on Lot 1 is hereby approved.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this 25 day of September 2001, and a public hearing shall be held at the regular
meeting of the Town Council of the Town of Avon, Colorado, on the 23 day of October,
2001, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
J Yoder, ay
T:
s Nash, Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED.
Town of Avon, Colorado
Town Council
46-"
J ?y Yoder, ayo
T:
Kris Nash, Town Clerk
APPROVED AS TO FORM:
Burt Levin, Town Attorney
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 23rd DAY OF OCTOBER
2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 01-08, SERIES OF 2001:
An Ordinance Approving Zoning for Lots 1, 2, and 3 of a Resubdivision of Lots 1, 2, 3, 4 and 5
of McGrady Acres Subdivision, Town of Avon, Eagle County, Colorado
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 26th day of September 2001.
TOWT 'JF AVON, COLORADO
BY:
K1~1§ Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
SEPTEMBER 26th, 2001:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
ALPINE BANK
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Norm Wood, Town Engineer-
Date: September 20, 2001
Re: First Reading of Ordinance 01-08 Approving Zoning for Lots 1, 2,
and 3 of a Resubdivision of Lots 1,2,3,4 and 5 of McGrady Acres,
Town of Avon, Eagle County, Colorado
Summary: Traer Creek LLC has submitted a Zoning Application for
Lots 1, 2 and 3 of the proposed Annexation and Resubdivision of McGrady Acres,
Lots 12,34 and 5. The zoning application includes GPEH (Government, Park, and
Employee Housing) on Lot 1 and NC (Neighborhood Commercial) for Lots 2 and 3.
Lot 1 is owned by the Town of Avon and has been developed as a small pocket park
for the Eaglebend Neighborhood. Lots 2 and 3 are adjacent to proposed Post
Boulevard that will be the connecting link between 1-70 and US Highway 6.
On September 4, 2001, a public hearing was held by the Planning & Zoning
Commission on the zoning application for Lots 1,2 and 3 of the Resubdivision of
McGrady Acres, Lot 1,2,3,4 and 5. The Planning & Zoning Commission
recommended denial on the zoning application with several conditions in attached
Resolution 01-10. One of the conditions noted was that NC zoning is not appropriate
with Eaglebend Drive extending through and connecting to Post Boulevard. If
Eaglebend Drive is terminated with a cul-de-sac, then NC zoning is appropriate for
Lot 3.
On September 11, 2001, the Town Council held a public hearing on the zoning
application and then tabled action on the application and Ordinance 01-08, Series
of 2001. The applicant has revised his Preliminary Plan Application to address
public input and comments from the Council at the public hearing. The revised
Preliminary Plan Application includes termination of Eaglebend Drive with a cul-
1:\Engineering\Avon Village\Annexation\Ord 01-08 Mcgrady Acres Zoning-Memo-2.Doc
de-sac consistent with public hearing comments and the proposed zoning
recommendations of the Planning and Zoning Commission.
Approval of Ordinance 01-08, Series of 2001, An Ordinance Approving Zoning for
Lots 1,2, and 3 ofA Resubdivision of Lots 1,2,3,4, and 5 of McGrady Acres
Subdivision, Town of Avon, Eagle County, Colorado is recommended.
Background: Most of the public comments regarding the proposed
zoning were centered around the compatibility of Neighborhood Commercial zoning
with the existing residential zoning. The following excerpts from the Avon Municipal
Code summarize regulations and criteria governing the NC Zone District and the RD
(Residential Duplex) Zone District:
17.20.040 Neighborhood commercial--NC.
A. Intention. The neighborhood commercial zone district is intended to
provide sites for commercial facilities and services for the principal benefit
of residents of the community and also to highway-oriented convenience
commercial needs.
B. Allowed Uses. The following uses shall be permitted in the NC district:
1. Retail stores;
2. Professional offices;
3. Car wash;
4. Restaurants;
5. Accessory apartments, exclusive of the ground level story;
6. Church;
7. Additional uses determined to be similar to allowed uses in
accordance with the intent of this zone district;
C. Special Review Uses.
1. Automobile service station and repair;
2. Commercial printing facility;
3. Aboveground public utility installations.
D. Development Standards.
1. Minimum lot size:.5 acre;
2. Maximum building height: thirty-five feet.
3. Minimum building setbacks:
Front: twenty-five feet;
Side: 7.5 feet;
Rear: ten feet;
4. Maximum site coverage: fifty percent;
5. Minimum landscape areas: twenty percent;
6. Maximum density: 7.5 units per acre of buildable area for
accessory units. The maximum residential floor area of the
accessory units shall not exceed a 2:1 ratio of the commercial floor
area. (Ord. 93-1 §1; Ord. 91-10 §1(part)).
1:\Engineering\Avon Village\Annexation\Ord 01-08 Mcgrady Acres Zoning-Memo-2. Doc 2
17.20.060 Residential duplex--RD.
A. Intention. The residential duplex district is intended to provide sites for
low density residential development.
B. Allowed Uses. The following uses shall be permitted in the RD district:
1. Single family homes;
2. Duplex homes;
3. Accessory caretaker apartments (one per unit).
C. Special Review Uses.
1. Home occupations;
2. Residential bed and breakfast;
3. Aboveground public utility installations;
4. Church.
D. Development Standards.
1. Minimum lot size:.25 acre;
2. Maximum building height: thirty-five feet;
3. Minimum building setbacks:
Front: twenty-five feet;
Side: 7.5 feet;
Rear: ten feet;
4. Maximum site coverage: fifty percent;
5. Minimum landscaped area: twenty-five percent;
6. Maximum density: two dwelling units per lot plus one accessory
caretaker apartment per dwelling unit. (Ord. 91-10 §1 (part)).
Discussion: If Council concurs with the proposed zoning in
Ordinance No. 01-08, the appropriate action would be to approve Ordinance 01-
08 on First Reading and approve the corresponding Preliminary Plan in a
subsequent Agenda Item action.
If Council does not concur with the proposed zoning in Ordinance No. 01-08, the
appropriate action would be to deny approval and suggest that the applicant
submit a revised zoning application and amended preliminary plan that addresses
the specific concerns related to the current zoning application. Action on the
Preliminary Plan at a subsequent Agenda Item should be to continue the Public
Hearing and suggest the Applicant submit a revised Preliminary Plan
corresponding with a revised zoning application.
Recommendations: Approve on First Reading, Ordinance No. 01-
08, Series of 2001, An Ordinance Approving Zoning for Lots 1,2, and 3 of a
Resubdivision of Lots 1, 2, 3, 4 and 5 of McGrady Acres Subdivision, Town of
Avon, Eagle County, Colorado.
L\Engineering\Avon Village\Annexation\Ord 01-08 Mcgrady Acres Zoning-Memo-2.Doc 3
Alternatives: Deny approval on First Reading, Ordinance No. 01-08,
Series of 2001, An Ordinance Approving Zoning for Lots 1,2, and 3 of a
Resubdivision of Lots 1, 2, 3, 4 and 5 of McGrady Acres Subdivision, Town of
Avon, Eagle County, Colorado.
Proposed Motion: I make motion to approve (deny) on First Reading,
Ordinance No. 01-08, Series of 2001, An Ordinance Approving Zoning for Lots
1,2, and 3 of a Resubdivision of Lots 1, 2, 3, 4 and 5 of McGrady Acres
Subdivision, Town of Avon, Eagle County, Colorado.
Town Manager Comments:
LTrigineering\Avon Village\Annexation\Ord 01-08 Mcgrady Acres Zoning-Memo-2.Doc 4
i
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 01-10
SERIES OF 2001
A RESOLUTION RECOMMENDING DENIAL TO THE TOWN COUNCIL
OF AN AMENDMENT TO THE ZONING FROM EAGLE COUNTY
PLANNED UNIT DEVELOPMENT (PUD) TO GOVERNMENT, PARK AND
EMPLOYEE HOUSING (OPEN) AND NEIGHBORHOOD COMMERCIAL
(NC), AS STIPULATED IN TITLE 17 OF THE AVON MUNICIPAL CODE,
FOR LOTS 1, 2, AND 3 OF A RESUBDIVISION OF LOTS 1, 2, 3, 4, AND S
OF MCGRADY ACRES SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
W HEREAS, Traer Creek LLC, owners of A Resubdivision of Lots 1, 2, 3, 4, and S of McGrady
Acres Subdivision, have applied for an amendment to the Zone District Map to change the zoning
designation from Eagle County Planned Unit Development (PUD) to Government, Park and Employee
Housing (GPEH) and Neighborhood Commercial (NC) as stipulated in Title 17, of the Avon Municipal
Code for Lot 1, 2, and 3 of A Resubdivision of Lots 1, 2, 3, 4, and S of McGrady Acres Subdivision; and
Avon, a public hearing has been held by the Planning & Zoning Commission of the Town of
Avon, pursuant to notices required by law, at which time the applicant and the public were given
an opportunity to express their opinions and present certain information and reports regarding the proposed
Zoning District Map amendment application; and
WIs EREA S, the Planning & Zoning Commission has considered the following:
1. the proposed rezoning justified by changed or changing conditions in the character of the area
proposed to be rezoned?
2. Is the proposed rezoning consistent with town's Comprehensive Plan?
3. Is the proposed use(s) compatible with the surrounding area or uses?
4. Are adequate facilities available to serve development for the type and scope suggested by the
proposed zone change?
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission hereby
recommends a denial to the Town Council of the Town of Avon, Colorado for an amendment to the
Zone District Map changing the zoning designation from Eagle County PUD to Government, Park, and
Employee Housing (GPEH) for Lot 1 and Neighborhood Commercial (NC) for Lots 2 and 3 of
A Resubdivision of Lots 1, 2, 3, 4, and S of McGrady Acres Subdivision, citing the following findings and
conditions:
FAi'lanning & Zoning Commission\Resolutions12001 Resolutiore101-10 MoCkady Acra- Zoning.doe
FINDINGS:
1. The character of Eaglebend Drive neighborhood as it currently exists should be preserved.
2. A cul-de-sac is not recommended from a planning point of view.
3. If a cul-de-sac is put in, Neighborhood Commercial zoning of these lots is appropriate.
4. If the road is 'a continuous through.street, Neighborhood Commercial zoning of Lots I and 3 is
inappropriate. Thought should be given to Lot 1 being open space and Lot 3 high density
residential, a park or purchased open space by the Town of Avon.
ADOPTED THIS 4th DAYOFSeptembe/2001
Signed
Date:/Yla
Chris Evans, Chair
Attest.
~~'w"_ Date: 9- y- O 1
Paul Klein, Secretary
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager lb k,
rom: Ruth Borne, Director Community Development
Date September 6, 2001
Re: First Reading of Ordinance 01-08 Approving Zoning for Lots 1, 2, and 3
of a Resubdivision of Lots 1,2,3,4 and 5 of McGrady Acres, Town of
Avon, Eagle County, Colorado
Summary: On September 4, 2001, a public hearing was held by the Planning &
Zoning Commission on the zoning application for Lots 1,2,3 of the Resubdivision of
McGrady Acres, Lot 1,2,3,4 and 5. Staff recommended approval of the zoning
application based upon the changing conditions of the neighborhood and compliance
with the zoning code requirements as outlined in the Staff Report attached hereto as
Exhibit "A". The zoning code requirements for evaluating a zoning application is
based upon the following criteria:
1. Is the proposed rezoning justified by changed or changing conditions in
the character of the area proposed to be rezoned?
2. Is the proposed rezoning consistent with Town's Comprehensive Plan?
3. Is the proposed use(s) compatible with the surrounding area or uses?
4. Are adequate facilities available to serve development for the type and
scope suggested by the proposed zone change?
After extensive public comment, the Planning & Zoning Commission recommended
denial of the zoning application in Resolution 01-10 with four (4) findings:
The character of Eaglebend Drive as it currently exists should be
preserved.
2. A cul-de-sac is not recommended from a planning point of view.
3. If a cul-de-sac is put in, Neighborhood Commercial (NC) zoning of these
lots is appropriate.
4. If the road is a continuous through street, Neighborhood Commercial (NC)
zoning of Lots 1 and 3 is inappropriate. Thought should be given to Lot 1
being open space and Lot 3 high density residential, a park or open space
purchased by the Town of Avon.
Town Council is not bound by the recommendation of the Planning & Zoning
Commission in Resolution 01-10.
Recommendation
Staff recommends approval on the First Reading of Ordinance 01-07 Approving Zoning
for Lots 1, 2, and 3 of a Resubdivision of Lots 1,2,3,4 and 5 of McGrady Acres, Town of
Avon, Eagle County, Colorado
Alternatives
1. Approve
2. Deny the application for zoning in whole or in part
Proposed Motion
"I move to approve on first reading Ordinance 01-08, Approving Zoning for Lots 1, 2, and
3 of a Resubdivision of Lots 12,34 and 5 of McGrady Acres, Town of Avon, Eagle
County, Colorado.
Town Manager Comments:
Attachments: Staff Report on Zoning Application for McGrady Acres
Planning & Zoning Resolution 01-10
Ordinance 01-08
X Page 2
TOWN OF AVON
ORDINANCE NO. 01-08
SERIES OF 2001
AN ORDINANCE APPROVING ZONING FOR LOTS 1, 2, AND 3
OF A RESUBDIVISION OF LOTS 1, 2, 3, 4 AND 5 OF MCGRADY
ACRES SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO.
WHEREAS, Traer Creek LLC has applied for zoning for Lots 1, 2, and 3 of a
resubdivision of Lots 1, 2, 3, 4 and 5 of McGrady Acres Subdivision from Eagle County PUD
(Planned Unit Development) to NC (Neighborhood Commercial) and GPEH (Government, Park,
and Employee Housing); and
WHEREAS, the proper posting, publication and public notices for the hearings before
the Planning & Zoning Commission of the Town of Avon were provided as required by law; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public
hearing on September 4, 2001, at which time the applicant and the public were given an
opportunity to express their opinions and present certain information and reports regarding the
zoning application; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded its recommendations on the zoning application to the Town Council of the Town of
Avon; and
WHEREAS, after notices provided by law, this Council held a public hearing on the
day of , 2001, at which time the public was given an opportunity to express
their opinions regarding the application; and
WHEREAS, the Town Council of the Town of Avon finds as follows:
1. The proposed zoning is justified by changed or changing conditions in the
character of the area proposed to be zoned.
2. The proposed zoning is consistent with the Town's Comprehensive Plan.
3. The proposed use(s) are compatible with the surrounding area or uses.
4. Adequate facilities are available to serve the development for the type and scope
suggested by the proposed zone.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
1. Traer Creek LLC's application zoning for Lots 1, 2, and 3 of a resubdivision of Lots 1, 2, 3, 4
and 5 of McCrady Acres Subdivision from Eagle County PUD (Planned Unit Development)
to NC (Neighborhood Commercial) on Lots 2 and 3 and GPEH (Government, Park, and
Employee Housing) on Lot 1 is hereby approved.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this day of , 2001, and a public hearing shall be held at the regular
meeting of the Town Council of the Town of Avon, Colorado, on the day of ,
2001, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED.
Town of Avon, Colorado
Town Council
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
APPROVED AS TO FORM:
Burt Levin, Town Attorney
Town of Avon
Zoning Staff Report
September 4, 2001 Planning & Zoning Commission Meeting
Report Date August 28, 2001
Legal Description Lots 1, 2, 3 of A Resubdivision of Lots 1, 21 3, 4 and 5
of McGrady Acres Subdivision
Current Zoning PUD
Proposed Zoning Lots l: Government, Park, Employee Housing (GPEH)
Lots 2 & 3: Neighborhood Commercial (NC)
Address 610 Eaglebend Drive
Introduction
The applicant, Traer Creek LLC, is proposing zoning for A Resubdivison of Lots 1, 2, 3, 4, and 5
of McGrady Acres Subdivision. The proposed zoning of newly configured Lots 1,2, and 3 of the
resubdivision of McGrady Acres is accompanied by a Preliminary Subdivision Plan and
Annexation request for the same lots.
Though the proposed annexation is for Lots 1,2,3,4 and 5 of the existing McGrady Acres PUD,
this zoning request will reconfigure the area into three lots and four tracts. Lot 1 is being zoned
GPEH (Government, Park and Employee Housing) and Lots 2 and 3 are being zoned NC
(Neighborhood Commercial) under this application. The four tracts (A, B, C, D) created by the
subdivision are being used solely for roads (Nottingham Ranch Road, Eaglebend Drive and Post
Boulevard), drainage and utility easements, and do not require zoning to do so.
Zoning Review Considerations
According to the Town of Avon Municipal Code, Section 17.28.080, the following evaluations
shall be made in reviewing rezoning applications:
1. Is the proposed rezoning justified by changed or changing conditions in the character of
the area proposed to be rezoned?
The proposed area will change to such a degree that this limited amount of commercial
zoning is appropriate. The Village at Avon PUD approved plans show a new I-70
interchange and the spur road for this interchange, will utilize an enlarged and realigned
Nottingham Ranch Road as a means of connection to Highway 6. Vehicular traffic generated
by potential commercial uses on Lots 1 and 2 is expected to originate from the Village at
Avon and return to either Post Boulevard or Highway 6 via Nottingham Ranch Road. It is
unlikely that commercial traffic will continue through Eaglebend Drive when a more direct
four-lane road such as Highway 6 is readily available for westbound traffic.
Town of Avon Community Development f:\planning & zoning commission\staff repo rts\2001\090401\mcgrady acres rezoning rep,
(970) 949-4280Fax modem (970) 949-5749
Rezoning Application for Lots 1,2, and 3 of a Resubdivision of McGrady Acres Lots 1,2,3,4 and 5
September 4, 2001 Planning & Zoning Commission meeting
The proposed GPEH zoning on Lot 1 for an expanded park is appropriate considering the
proximity to neighboring residential uses. Currently, Lot 1 of the existing McGrady Acres
subdivision is owned by the Town of Avon and utilized as a park. This zoning proposal
seeks to enlarge this park and would create a larger buffer between the proposed commercial
use on Lot 3 and the residential uses on Eaglebend Drive.
2. Is the proposed rezoning consistent with the town's comprehensive plan?
Goal A2 of the Comprehensive Plan is to ensure the annexed land and adjacent uses are
compatible with the existing community. The inclusion of Neighborhood Commercial and.
Park Zoning are compatible with the existing community and the proposed annexation,
considering the upgrade that will be made to Nottingham Ranch Road. The Comprehensive
Plan currently identifies the area in question as `mixed use river corridor' with the potential
to be developed for a combination of uses such as being proposed here.
Additionally, The Comprehensive Plan identifies a `Stolport East District' that should have
uses which are "consistent with the overall design themes of the Town and should relate to I-
70 and Highway 6/24 access points". The implementation section of the plan states that
"consideration should also be given to the potential for annexation of lands located along
Highway 6 and the Eagle River".
The potential for both annexation of these properties and the proposed uses that support the
development of improved access points are provided for. Though the Comprehensive Plan
does not specify a Neighborhood Commercial zone district for these areas, the designation
appears appropriate considering the location of the same zoning throughout the Town (i.e. at
major access point intersections such as Nottingham Road and Avon Road, Avon Road and
Hurd Lane).
3. Is the proposed use(s) compatible with the surrounding area or uses?
The designation of Lot 1 as a park is compatible with the surrounding residential uses and
should adequately buffer any potential impacts of the proposed commercial zoning on Lot 3.
Additionally, the proposed designation of commercial zoning on Lots 2 and 3 appear
compatible with the required improvements to Nottingham Ranch Road, eventually forming a
four-lane spur road for the new I-70 interchange. The only foreseeable negative impact to a
surrounding residential use appears to be for the existing McGrady Acres Lot 6 parcel, which
will experience an increase in traffic because of its location directly opposite one of the
proposed commercial lots (Lot 3). Lot 6 is currently zoned for a multi-family use.
At complete build-out, the projected traffic count on the realigned and expanded Nottingham
Ranch Road is estimated at 14,500 trips per day. Most of this traffic will be generated by the
build-out of the Village. The inclusion of a limited commercial zone at the intersection of an
improved Nottingham Ranch Road and Eaglebend Drive will likely not divert a substantial
amount of that traffic down the remainder of Eaglebend Drive, primarily because it is a speed
controlled (24mph, speed-bumps) residential collector road. More likely a scenario for
through traffic to Town and points west is the use of Highway 6, or Post Boulevard, which
are designed to accommodate commercial flows unlike Eaglebend Drive.
Additionally, a Neighborhood Commercial zone district exits at the other end of Eaglebend
drive (Hurd Lane) where Lots 1 and 2 of the Nottingham Station Subdivision (Burger King,
Town of Avon Community Development f:\planning & zoning commission\staff reports\2001\090401\mcgrady acres rezoning rep
(970) 949-4280Fax modem (970) 949-5749
Rezoning Application for Lots 1,2, and 3 of a Resubdivision of McGrady Acres Lots 1,2,3,4 and 5
September 4, 2001 Planning & Zoning Commission meeting
Starbucks, etc.) currently operate. Of those customers that frequent this commercial center,
the majority of vehicular traffic goes back to Avon Road rather than continue through
Eaglebend Drive. It is Staff's belief that the proposed Neighborhood Commercial zoning
will operate in much the same manner.
4. Are adequate facilities available to serve development for the type and scope suggested by the
proposed zone?
Adequate facilities are available to serve this development. The proposed rezoning is a
portion of an existing PUD that is already utilizing all public facilities and services.
Staff Recommendation
Staff recommends that the Planning and Zoning Commission approve Resolution 01-10
approving the zoning for Lots 1, 2, and 3 of the Resubdivision of McGrady Acres Lots 1, 2, 3, 4,
and 5 with the following condition(s):
1. Town Council will not adopt the zoning ordinance until such time that the Annexation
and Final Plat for the Resubdivision of Lots 1, 2, 3, 4 and 5 of McGrady Acres have both
been adopted.
Recommended Motion
Approve Lots 1, 2, and 3, A Resubdivision of Lots 1, 2, 3, 4 and 5 of McGrady Acres
Subdivision with the following conditions:
Town Council will not adopt the zoning ordinance until such time that the
Annexation and Final Plat for the Resubdivision of Lots 1, 2, 3, 4 and 5 of McGrady
Acres have both been adopted.
If you have any questions regarding this project or any planning matter, please call me at
748.4002 or stop by the Community Development Department.
Respectfully submitted,
Tambi Katieb, AICP
Town of Avon Community Development hplanning & zoning commission\staff reports\2001\090401\mcgrady acres rezoning rep
(970) 949-4280Fax modem (970) 949-5749
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 01-10
SERIES OF 2001
A RESOLUTION RECOMMENDING DENIAL TO THE TOWN COUNCIL
OF AN AMENDMENT TO THE ZONING FROM EAGLE COUNTY
PLANNED UNIT DEVELOPMENT (PUD) TO GOVERNMENT, PARK AND
EMPLOYEE HOUSING (GPEH) AND NEIGHBORHOOD COMMERCIAL
(NC), AS STIPULATED IN TITLE 17 OF THE AVON MUNICIPAL CODE,
FOR LOTS 1, 2, AND 3 OF A RESUBDIVISION OF LOTS 1, 2, 3, 4, AND 5
OF MCGRADY ACRES SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
W HEREAS, Traer Creek LLC, owners of A Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady
Acres Subdivision, have applied for an amendment to the Zone District Map to change the zoning
designation from Eagle County Planned Unit Development (PUD) to Government, Park and Employee
Housing (GPEH) and Neighborhood Commercial (NC) as stipulated in Title 17, of the Avon Municipal
Code for Lot 1, 2, and 3 of A Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady Acres Subdivision; and
WHEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of
Avon, pursuant to notices required by law, at which time the applicant and the public were given
an opportunity to express their opinions and present certain information and reports regarding the proposed
Zoning District Map amendment application; and
T 4 THEREAS, the Planning & Zoning Commission has considered the following:
1. Is the proposed rezoning justified by changed or changing conditions in the character of the area
proposed to be rezoned?
2. Is the proposed rezoning consistent with town's Comprehensive Plan?
3. Is the proposed use(s) compatible with the surrounding area or uses?
4. Are adequate facilities available to serve development for the type and scope suggested by the
proposed zone change?
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission hereby
recommends a denial to the Town Council of the Town of Avon, Colorado for an amendment to the
l'
Zone District Map changing the zoning designation from Eagle County PUD to Government, Park, and
Employee Housing (GPEH) for Lot I and Neighborhood Commercial (NC) for Lots 2 and 3 of
A Resubdivision of Lots, 1, 2, 3, 4, and 5 of McGrady Acres Subdivision, citing the following findings and
conditions:
FAPlanning & Zoning Commission\Resolutions\2001 Resolutions\01-10 McGrady Acres- Zoning.doc
FINDINGS:
I. The character of Eaglebend Drive neighborhood as it currently exists should be preserved.
2. A cul-de-sac is not recommended from a planning point of view.
3. If a cul-de-sac is put in, Neighborhood Commercial zoning of these lots is appropriate.
4. If the road is a continuous through street, Neighborhood Commercial zoning of Lots I and 3 is
inappropriate. Thought should be given to Lot I being open space and Lot 3 high density
residential, a park or purchased open space by the Town of Avon.
ADOPTED THIS 4th DAY OF September, 2001
Signed:
Date:
Chris Evans, Chair
Attest:
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Date: q- V - d /
Paul Klein, Secretary
FAManning & Zoning Comm ission\ResoIutions\2001 Resolutions\01-10 McGrady Acres- Zoning.doc