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TC Ord. No. 2001-09 Approving an amendment of the mountain star planned unit development PUD for lots 27 and 24 mountain star subdivision TOATOWN OF AVON ORDINANCE NO. 01-09 SERIES OF 2001 AN ORDINANCE APPROVING AN AMENDMENT OF THE MOUNTAIN STAR PLANNED UNIT DEVELOPMENT (PUD) FOR LOTS 27 AND 24, MOUNTAIN STAR SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Richard Rogel has applied to amend the Mountain Star PUD for Lots 27 and 24, Mountain Star Subdivision; 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 proposed PUD amendment; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed PUD amendment to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the -r5 day of September , 2001, at which time the public was given an opportunity to express their opinions regarding the proposed PUD amendment; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. F:\Council (c)\Ordinances\200 I \Ord 01-09 L27,24 MTST PUD amendmentvldoc 2. That the amendment of the Mountain Star PUD for Lots 27 and 24, Mountain Star Subdivision is consistent with goals and objectives of the Town's Comprehensive Plan, is compatible with surrounding neighborhood and is consistent with the public interest. 3. That the development standards for Lots 27 and 24, Mountain Star Subdivision comply with each of the Town of Avon's PUD design criteria and that this proposed development is consistent with the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The amendment to the Mountain Star PUD for Lots 27 and 24, Mountain Star Subdivision is hereby approved, with the following condition: 1. That this PUD amendment is conditioned upon the approval of the resubdivision of Lots 27 and 24 to combine its portions into Lot 27. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this I- 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 -2 F, day of September, 2001, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council y Yoder, a r T: Kris Nash, Town Clerk FACouncil (c)\Ordinances\2001\Ord 01-09 L27,24 MTST PUD amendmentv1doc INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED. Town of Avon, Colorado Town Council Ju Yoder, ayor APPROVED AS TO FORM: Burt Levin, Town Attorney FACouncil (c)\Ordinances\2001\Ord 01-09 L27,24 MTST PUD amendmentvldoc 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 25th DAY OF SEPTEMBER 2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 01-09, SERIES OF 2001: An Ordinance Approving an Amendment of the Mountain Star Planned Unit Development (PUD) for Lots 27 and 24, Mountain Star 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 12th day of September 2001. TOWNPF AVON, COLORADO BY: Kfi ash Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON SEPTEMBER 14`x', 2001: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY Memo To. Honorable Mayor and Town Council Thru: Bill Efting, Town Manager~t Fran: Ruth Borne, Director of Community Development„ Eric Johnson, Planning Technician Date September 20, 2001 Re: Second Reading of Ordinance 01-09, An Ordinance Amending the Mountain Star PUD for Lots 27 and 24, Mountain Star Subdivision Summary Lots 27 and 24 of the Mountain Star Subdivision are owned by Richard Rogel. He intends to vacate the lot line between Lot 27 and Lot 24 to create a larger Lot 27. The Rogel residence has been built on Lot 27 and Lot 24 is a vacant lot. Lot 24's development rights would be vacated leaving the larger Lot 27 with one development right. The Mountain Star Homeowners Association amended their Declarations on July 31, 2001 (Sixth Supplemental Amendment) to acknowledge the loss of one development right on Lot 24 and the creation of the larger Lot 27. On September 4, 2001 the Planning and Zoning Commission approved Resolution 01-08, recommending approval to the Town Council for the PUD Amendment. On September 11, 2001 the Town Council approved the first reading of Ordinance 01-09, amending the Mountain Star PUD for Lots 27 and 24. Recommendation Staff recommends that the Town Council pass Ordinance 01-09, amending the Mountain Star PUD for Lots 27 and 24, Mountain Star Subdivision. Alternatives 1. Approve 2. Approve with conditions 3. Deny the application in whole or in part Proposed Motion "I move to approve on second reading Ordinance 01-09, approving an amendment to the Mountain Star PUD for Lots 27 and 24, Mountain Star Subdivision, Town of Avon, Eagle County, Colorado. " Memo to Town Council, September 25, 2001 Page 1 of 2 Ordinance 01-09, Amend Lot 27 MTST PUD Town Manager Comments Attachments: A. Ordinance 01-09 B. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 01-08 Memo to Town Council, September 25, 2001 Page 2 of 2 Ordinance 01-09, Amend Lot 27 MTST PUD Town of Avon PUD Staff Report September 4, 2001 Planning & Zoning Commission Meeting Report Date August 30, 2001 Project Type Planned Unit Development Amendment Legal Description Lots 24 & 27, Mountain Star Subdivision Current Zoning Planned Unit Development (PUD) (2 Single Family Lots) Address 1428 Paintbrush Introduction The applicant, Richard Rogel, owns Lots 24 and 27 in the Mountain Star Subdivision. He is seeking a PUD amendment in order to combine both lots, thus removing a development right from Lot 24 and creating a larger Lot 27. His residence is constructed on Lot 27. Accompanying this PUD amendment is an amended final plat which will vacate the lot line between these two properties. PUD Design Criteria The following design criteria shall be used as the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate submittal material and the proposed development plan comply with each of the following design criteria or demonstrate that one or more of them is not applicable or that a particular development solution consistent with the public interest has been achieved. 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. Policy A1.3 of the Comprehensive Plan encourages the use of PUDs where it will provide a benefit to the community and is compatible with surrounding development. 2. Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town. The application complies with the general design theme of the town and the Mountain Star design guidelines. The project has received approval from the Mountain Star DRB and Homeowners Association and the protective covenants have been amended to accommodate this application. 3. Design compatibility with the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character and orientation. The project complies with the design compatibility of the immediate environment. The existing home on Lot 27 has been approved by the Design Review Board. 4. Uses, activity and density which provide a compatible, efficient, and workable relationship with surrounding uses and activity. Uses and density proposed are compatible with surrounding uses and activity. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Mountain Star PUD Amendment Lots 24 and 27, Mountain Star Subdivision September 4, 2001 Planning & Zoning Commission meeting Page 2 of 3 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. No further disturbances are proposed with this amendment. 6. Site plan, building design, location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. This application will provide a higher aesthetic quality, since it will eliminate a development right on Lot 24 and provide a significant amount of open space. 7. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the town transportation plan. Circulation is not an issue with this amendment. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The creation of a large lot will enhance and preserve natural features and views. 9. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. No phasing plan accompanies this application. A residence has already been constructed on Lot 27. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks and police and fire protection. Public services are adequate. 11. That the existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. This application will not generate additional traffic. 12. Development Standards Setbacks: Front: Variable. Rear: Variable. Side: Variable. Height: PUD guide: 28'. Density: 1 unit per 2.01 acres (Lot 27) / 1 unit per 4.24 acres (Combined Lot 27/24) Site Coverage: 4.5% as proposed (Combined Lot 27/24) Landscaping: 90%+ as proposed (Combined Lot 27/24). Town of Avon Community Development 970) 748-4030 Fax (970) 949-5749 Mountain Star PUD Amendment Lots 24 and 27, Mountain Star Subdivision September 4, 2001 Planning & Zoning Commission meeting Page 3 of 3 Staff Comments Staff supports the PUD Amendment as proposed. The Mountain Star Homeowners Association amended their Declarations on July 31, 2001 (Sixth Supplemental Amendment) to acknowledge the loss of one development right on Lot 24 and the creation of a larger Lot 27. Accompanying this amendment will be an amended final plat to finalize the lot line vacation. Staff Recommendation Staff recommends approval of the PUD Amendment to remove a development right from Lot 24, vacating the lot line between Lots 24 and 27 and creating a larger Lot 27. Recommended Motion I move to approve Resolution 01-08 recommending to the Town Council approval of the application for an amendment to the Mountain Star PUD to establish Lot 27 as a single-family lot, vacating the lot line between existing Lot 27 and Lot 24 and eliminating Lot 24. If you have any questions regarding this project or anything in this report, please call me at 748.4413 or stop by the Community Development Department. Respectfully submitted, Eric Johnson Town of Avon Community Development 970) 748-4030 Fax (970) 949-5749 .37 C TRACT E 38 wv no= 35 34 35 32 31 78 40 41 TRACT F 42 TRACT J 33 82 39 83 43 30 a ■r 1 61 44 J 64 TRACT J ' 4s a9 TRACT G 79 77 76 85 wr ~ so 80 48 72 'S9 66 46 47 28 75 54 ACT K 71 49 53 58 74 52 51 50 25 28 27 73 24 70 57 56 TRACT 1 SS 87 23 PU® TRACT L 1■ACT H 68 69 TRACT L 22 18 21 ■ 17 19 20 18 IN STAR SUBDIVISION PUD ,FACT 0 PAS 15 14 13 12 ■ 84 7map 9 10 1 1 TRACT T 5 TRACT C 8 7 6 TRACT H TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 01-08 SERIES OF 2001 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF A PUD AMENDMENT TO THE MOUNTAINSTAR PUD FOR LOT 27 AND LOT 24, MOUNTAIN STAR SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Richard Rogel has applied for an amendment to the Mountain Star PUD to combine Lot 27 and Lot 24 into a single-family lot. WHEREAS, after notices required by law, a public hearing on said application was held by the Planning & Zoning Commission of the Town of Avon. WHEREAS, said application is consistent with all legal requirements. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends to the Town Council of the Town of Avon approval of the application for amendment to the Mountain Star PUD to establish Lot 27 as a single-family lot, vacating the lot line between existing Lot 27 and Lot 24 and eliminating Lot 24. ADOPTED THIS 4th DAY OF SEPTEMBER, 2001 XSigne Date:y r~ / ans, Chair Attest Date: Paul Klein, Secretary n t Memo To. Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Ruth Borne, Director of Community Development Eric Johnson, Planning Technician C/ Date September 5, 2001 Re: First Reading of Ordinance 01-09, An Ordinance Amending the Mountain Star PUD for Lots 27 and 24, Mountain Star Subdivision Summary Lots 27 and 24 of the Mountain Star Subdivision are owned by Richard Rogel. He intends to vacate the lot line between Lot 27 and Lot 24 to create a larger Lot 27. The Rogel residence has been built on Lot 27 and Lot 24 is a vacant lot. Lot 24's development rights would be vacated leaving the larger Lot 27 with one development right. The Mountain Star Homeowners Association amended their Declarations on July 31, 2001 (Sixth Supplemental Amendment) to acknowledge the loss of one development right on Lot 24 and the creation of the larger Lot 27. On September 4, 2001 the Planning and Zoning Commission approved Resolution 01-08, recommending approval to the Town Council for the PUD Amendment. Recommendation Staff recommends that the Town Council pass Ordinance 01-09, amending the Mountain Star PUD for Lots 27 and 24, Mountain Star Subdivision. Alternatives 1. Approve 2. Approve with conditions 3. Deny the application in whole or in part Proposed Motion "I move to approve on first reading Ordinance 01-09, approving an amendment to the Mountain Star PUD for Lots 27 and 24, Mountain Star Subdivision, Town of Avon, Eagle County, Colorado. " Town Manager Comments CO G t- ✓ Memo to Town Council, September 11, 2001 Page 1 of 2 Ordinance 01-09, Amend Lot 27 MTST PUD f Attachments: A. Ordinance 01-09 B. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 01-08 Memo to Town Council, September 11, 2001 Page 2 of 2 Ordinance 01-09, Amend Lot 27 MTST PUD