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TC Ord. No. 2001-17 Approving an amendment of the Wildridge planned unit Development PUD for lots 12 block 4 Wildridge subdivision TOATOWN OF AVON ORDINANCE NO. 01-17 SERIES OF 2001 AN ORDINANCE APPROVING AN AMENDMENT OF THE WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR LOTS 12 BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, the Town of Avon has applied to amend the Wildridge PUD for Lot 12 Block 4, Wildridge Subdivision, to increase the development rights from single-family to duplex; and v am ®i WHEREAS, the proper posting, publication and public notices for the hearings before 0 CD N M m ° the Planning & Zoning Commission of the Town of Avon were provided as required by law; and m WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public ®N hearing on October 16, 2001, at which time the applicant and the public were given an ®~I ® opportunity to express their opinions and present certain information and reports regarding the ®N f proposed PUD amendment; and ® WHEREAS, following such public hearing, the Planning & Zoning Commission I forwarded its recommendations on the proposed PUD amendment to the Town Council of the ® m ®W Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the 2:7_ day of November, 2001, at which time the public was given an opportunity to express ® a 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: FACouncil (c)\Ordinanc6s\2001\Ord 01-17 L12 B4 WR PUD amendment.doc 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. 2. That the amendment of the Wildridge PUD for Lot12 Block 4, Wildridge 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 Lot 12 Block 4, Wildridge 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 Wildridge PUD for Lot 12 Block 4, Wildridge Subdivision, to increase the development rights from single-family to duplex is hereby approved with no conditions. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 13 day of November, 2001, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the 27 day of, November 2001, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council dy Yod , Ma r I IYIII I II IINII INI VIII IIII null III IIAI nll IIII Sar 10, CO 289 R 20 779050 Page: 2 of 4 12/10/2001 04:32P 00 D 0.00 F:\Council (c)\Ordinances\2001\Ord 01-17 L12134 WR PUD amendmentdoc K4-s Nash, Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED. Town of Avon, Colorado Town Council J y Yoder, a r AS TO FORM: TownAttorney - 779050 ~ Page; 3 of 4 Sara J Fisher Eagle, Co 289 R 20.00 2/10D20.00 4.32P FACouncil (c)\Ordinances\2001\Ord 01-17 L12 134 WR PUD amendmentdoc Kris Nash, Town Clerk STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON 1 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 27th DAY OF NOVEMBER 2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 01-17, SERIES OF 2001: An Ordinance Approving an Amendment of the Wildridge Planned Unit Development (PUD) for Lots 12 Block 4, Wildridge 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, 14th day of November, 2001. TOWN OF AVON, COLORADO BY: L lmk Miranda Steber Deputy Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON NOVEMBER 14,2001: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY ALPINE BANK AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY !III II~II~III ~I~I 11 11 llll~~l x•9050 a..x Sara J Fisher Eagle, CO 289 R 20. 00 D 0. 00 fox 20 Memo Ta Honorable Mayor and Town Council Thru Bill Efting, Town Manager 0~- From Ruth Borne, Director of Community Development q ~Eric Johnson, Planning Technician Dade November 15, 2001 Re: Second Reading of Ordinance 01-17, An Ordinance Amending the Wildridge PUD for Lot 12, Block 4, Wildridge Subdivision Public Hearing Summary The Town of Avon is applying to amend the Wildridge PUD to increase the development rights on Lot 12 Block 4 from single-family to duplex. Incorrect development information on Lot 12, Block 4, Wildridge Subdivision was provided to the owner who relied upon this information in purchasing the property. Staff erroneously informed the owner that the property had development rights for a duplex residence by providing evidence of the duplex zoning via fax (copy attached to staff report). The Planning and Zoning Commission determined that the increase of development rights on Lot 12 Block 4 Wildridge, from single-family to duplex, would not negatively affect Wildridge. The Commission further determined that the PUD amendment was in conformance with the Comprehensive Plan, Policy A1.1 that states, "Development and redevelopment will be of a scale and intensity appropriate for the neighborhood in which it is located." Duplex-zoned lots surround the property. The property is on the north side of Wildridge Road and is adjacent to Forest Service property. In Wildridge, there are only fourteen (14) lots zoned single-family out of 353 lots in Wildridge. Ten (10) of the single- family lots are in Block 1 located on Beaver Creek Point. There is only one other single family zoned lot in Block 4. Based upon discussions with the Town Attorney, the Town has filed an application for a PUD Amendment to increase the development rights on the property to a duplex. Attached, please find a memo prepared by Burt Levin, Town Attorney, outlining the legal theory supporting this matter. On October 16, 2001 the Planning and Zoning Commission approved Resolution 01-16, recommending approval to the Town Council for the PUD Amendment. On November 13, 2001 Town Council approved Ordinance 01-17 on first reading by a vote of 4-3. Memo to Town Council, November 27, 2001 Page 1 of 2 Ordinance 01-17, Amend Lot 12 Wildridge PUD . 4 Background • 1978 Wildridge Final Plat - 356 lots, 830 Dwelling Units (Lot 12, Block 4 zoned for duplex) 1980 Wildridge RePlat Number 1: 352 lots, 830 DU (Lot 12, Block 4 zoned duplex) • 1981 Wildridge RePlat Number 2: 338 lots, 849 DU (Lot 12, Block 4 zoned single- family) • August 15, 2000, the Planning and Zoning Commission recommended denial of the PUD amendment to Council. • August 22, 2000, the owner withdrew the application. • October 16, 2001, the' Planning and Zoning Commission recommended approval of the PUD amendment to Council. Recommendation Staff recommends that the Town Council pass Ordinance 01-17, amending Wildridge PUD to increase the development rights for Lot 12 Block 4, Wildridge Subdivision from single- family to duplex. Alternatives 1. Approve on Second Reading 2. Deny on Second Reading Proposed Motion "I move to approve on second reading Ordinance 01-17, approving an amendment to the 1Nlldridge PUD for Lot 12 Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. " Town Manager Comments Attachments: A. Ordinance 01-17 B. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 01-16 Memo to Town Council, November 27, 2001 Page 2 of 2 Ordinance 01-17, Amend Lot 12 Wildridge PUD TOWN OF AVON PLANNING & ZONING CON MISSION RESOLUTION NO. 01-16 SERIES OF 2001 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF AN AMENDMENT TO THE WILDRIDGE PUD FOR LOT 12, BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Alice Leeds has applied for an amendment to the Wildridge PUD to convert Lot 12, Block 4 from a single-family lot to a duplex 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 Wildridge PUD to establish Lot 12, Block 4 as a duplex lot. ADOPTED THIS 16th DAY OF OCTOBER, 2001 Si Date: Chris Evans, Chair '16116101 tcl, "m~ Date: Zoe) RaD~.Ew /1(/g,-'- oj1 Town of.Avon PUD, Staff Report October 16, 2001 Planning & Zoning Commission meeting Report Date October 9, 2001 Project Type Planned Unit Development (PUD) Amended Legal Description Lot 12, Block 4, Wildridge Subdivision Current Zoning Single Family (PUD) Address 5712 Wildridge Road East Introduction According to the Final Subdivision Plat, Replat Number 2 of Wildridge, Town of Avon, Lot 12, Block 4, Wildridge Subdivision has development rights for a single-famaly residence. The Town of Avon is applying to amend the PUD to increase the development rights on the site for a duplex residence on the site. On August 15, 2000, the Planning and Zoning Commission reviewed this application and recommend denial of the application to Council by Resolution 00- 06. The applicant then withdrew its application to Council on August 22, 2000. This issue is brought before you because incorrect development information on Lot 12, Block 4, Wildridge Subdivision was provided to the owner. Staff erroneously in the owner that the property had development rights for a duplex residence by providing evidence of the duplex zoning via fax (copy attached). The owner relied upon this information in purchasing the property- Based upon discussions with the Town Attorney, the Town has filed an application for a PUD Amendment to increase the development rights on the property to a duplex. Attached, please find a memo, prepared by Burt Levin, Town Attorney, outlining the legal theory supporting this matter. There has been several letters received in opposition to this application, which have been attached to this report. The criteria for amending the PUD are set forth below and provide an adequate basis for approving the PUD amendment for this property. PUD Review Criteria 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. Policy A1.1: Development and redevelopment will be of a scale and intensity appropriate for the neighborhood in which it is located. . This proposal is consistent with the goals and policies of the Town by supporting residential uses. 2. Conformity and compliance with the overall design theme, of the Town, the sub-area design recommendations, and design guidelines of the Town. The project is surrounded by duplex properties. Lot 12, Block 4, is almost an acre in size. The site abuts Tract J, which is Town owned designated open space and then extends onto Forest Service property. The project will have to conform to all of the design criteria established by the Town through the Final Design review process. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 12, Block 4, Wildridge, Planned Unit Development Amendment October 16, 2001 Planning & Zoning Commission Meeting Page 2 of 3 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 property was granted Final Design review in 1998 for a single-family home. Staff erroneously identified this property as a duplex lot in the Staff Report. All of the design factors suggest that a duplex design is compatible with the environment, neighborhood and the adjacent properties. Most of the adjacent lots are zoned as duplex lots. There are only fourteen (14) single-family lots out of 353 lots in Wildridge. Ten (10) of the single-family lots are in Block 1 located on Beaver Creek Point. There is only one other single family zoned lot in Block 4. 4. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. There are no known natural or geologic hazards on this site. 5. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the town transportation plan. One access point from Wildridge Road for this property will accommodate the traffic and circulation constraints for this site compatible with Town requirements. 6. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. A duplex on this property will not have a significant impact on the views from surrounding properties nor will it affect adjacent Town owned open space (Tract J) and the existing easement for the Town water storage facilities. 7.' 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. There is no phasing plan. 8. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. Public services are adequate to accommodate the addition of one dwelling unit. 9. 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. Traffic will not be adversely impacted by the addition of one dwelling unit. 10. Development Standards The change from a single-family to a duplex residence will not affect the Wildridge PUD development standards now in effect for this property. Recommended Motion I move to approve the Planning & Zoning Resolution 01-16, recommending approval of the application for amendment to the Wildridge PUD to establish Lot 12 Block 4, Wildridge Subdivision as a duplex lot. Town of Avon Community Development (970) 7484030 Fax (970) 949-5749 Lot 12, Block 4, Wildridge, Planned Unit Development Amendment October 16, 2001 Planning & Zoning Commission Meeting Page 3 of 3 If you have any questions regarding this project or anything in this report, please call me at 748- 4009 or stop by the Community Development Department. Respectfully submitted, V` R th O. Borne Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 11ildrtdno Lend W'10 ~''L.oc/Tea,ec xuias3r _ .1~~ ~ ~ Ara4- (scs•~_., oe D..P1ow n_as Dow Z 3 0404 aatq 81. 4 ~pterC 1t,~ 6 0ypt*Y 1.21 ~ !Iw♦l.os 8~ L.l9 A 9 DuPlbx flwPlwx 1.74 1o Duplex t.64 1i 0.Y6 _ 3 t 13 WV14z - I. 0.66 Drpl•x , o.7~' ~s wvlex Duplex 0.4% ib 17 Duplex 0.4.1 0.46 38 Duplex Duplex O.i4 3' 20 Duplex 0.6• 0.76 21 A.ple: 1.14 32 omp l w • 1.60 27 OuPle* l.bi 2r t1„ 3►1~K o.ss novice 1.00 26 oilP les 3 120 27 wip1eu 1.17 26 au91°se 1.87 29 Dugl•s•, 2.19 !o . pM9~ea t.So 31 Duplex 1.23 32 Duplex 0.94 33 Implex 0.e9 3% o.aplax 0.80 35 o"Plos 6.67 36 Duplex D. P7 31 oup tee 1.03 Ss Drvlw: 2.40 A.plws 0.79 qu0twx p.69 Duplex 1.20 s2 a-~L•Y o.sd 43 i 4laa 1.19 64 DuP1NC 0.44 4S Anplea 041'. ccsf ri~lbY'•C 4 I e 1: • ~ ~ J Z. muML a9•~i°6~ dog t to wo-SO- L"O QvL8GV88LG wil 000Z/ZTUG y S, MEMORANDUM FROM: Burt Levin, Town Attorney TO: Hon. Mayor and Town Council Ale RE: Ordinance No. 10, Series of 2000 DATE: August 16, 2000 Attached is a fast reader copy of Ordinance 10, Series of 2000, which, if enacted, changes the zoning for Lot 12, Block 4, Wildridge Subdivision, from single family to duplex. Also 'attached is Community Development's Staff Report to the Planning & Zoning Commission regarding the rezoning of the lot. Community Development recommended to P&Z that the lot be rezoned. This rezoning application is made in the name of the Town and at the request of the owner of the lot in question. The reason the application has been made in the name of the Town is to correct an unfairness, or a potential unfairness, to the owner of the lot. Before purchasing the lot in question, the current owner inquired of the Community Development Department whether the zoning on the lot would permit construction of a duplex -as well as a single family home. A staff member of the Community Development Dept. erroneously informed the owner that the lot was zoned to allow either single family .or duplex. The staffer also faxed the owner a sheet prepared by Community Development listing her lot as being zoned for a duplex. (A copy of the fax with the erroneous information is, attached hereto.) (Also attached is a copy of a Commraunity Development Staff Report dated April 2,1999, showing the zoning on the lot as 'duplex.) In reliance on the statement she received from the Town, the owner entered into a contract to purchase the lot. The contract was silent concerning the zoning. After she purchased the lot, the owner made inquiries to the Town concerning construction of a duplex, but was informed that the lot is zoned to permit only a single _...__-4arnily hom . if ShM 1--Ad aware that it was not zoned to permit construction of a duplex. The owner requested that the zoning on the lot be changed to be consistent with the information she received from the Town, and upon which she relied. As a staff, we asked ourselves whether the owner should have realized the zoning was single family notwithstanding the contrary information she received from the Community Development Dept. prior to entering into a contract to purchase the lot. We concluded that as a practical matter the owner had done exactly what she should have done to ascertain the zoning on the lot before signing the, contract. There would have been no practical reason for the owner to doubt what she had been informed by the Town department which includes the Zoning Administrator (i.e. no reason for her to come in and inspect the official zone map). So, we concluded that the owner's reliance on the erroneous factual information she received from the Town was reasonable. The owner has not threatened to sue the Town to conform the zoning of her lot to duplex, but such a suit could have merit. The legal principle involved is a simple one based on fairness. If a governmental entity makes a factual assertion to a citizen, and the citizen changes his or her position in reasonable reliance on such factual assertion, the ' . government may not later disavow its factual representation. In other words, if a citizen reasonably and detrimentally relies on a factual representation of a responsible government official, the government is "estopped" from denying the validity of its assertion. See Colorado Water Quality Control Commission v. Town of Frederick, 641 P.2d 958 (Colo. 1982). The doctrine of estopped supports the Town's application to rezone the lot in question. The owner claims she relied on the information she received from the Town concerning the zoning, and that she would not have purchased the lot had she know the zoning was in fact other that what she had been told by the Town. The owner's reliance on the Town's representation was reasonable because (1) it came from the responsible official, and (2) in fact the vast majority of lots in Wildridge, including the lots immediately surrounding her lot, are zoned for duplex (or three or four-lex). As the staff report of Community Development to the P&Z on this matter indicates, setting aside the unfairness to the owner which would result if the lot is not rezoned, the lot in fact is appropriate for a duplex. There are only 9 lots in Wildridge zoned single family. (Indeed, at one time the lot in question was itself zoned as a duplex lot.) Since, the vast majority of the lots in the vicinity of the lot in question are zoned duplex, there is no question but that rezoning to duplex would be consistent with the Town's comprehensive plan and the surrounding neighborhood. Obviously there is adequate infrastructure to accommodate a duplex on the lot in question. P&Z denied the Town's application to rezone the lot. I advised P&Z that it could and should consider the legal principle of estoppel in deciding this matter. Based on its comments, the Commission appears to have believed that it should disregard the equities of the situation and not take into account the doctrine of estoppel, instead, leaving the equities of the question to the Town Council. In denying the Town's application to rezone the lot in'question, the Commission seems to Have determined simply that as an abstract matter Wildridge should not be up-zoned. Attached please find five letters of comment from members of the public. In conclusion, the Town staff believes a rezoning of the lot is the only fair outcome in this case in view of the owner's reasonable reliance on the Town's representation to her that the lot she was about to purchase was zoned for a duplex. Memo To: Planning & Zoning Commission, Honorable Mayor and Town Council From: Burt Levin, Town Attorney Dabs July 24, 2000 Re: Resolution No. 00-06, PUD Amendment for Lot 12, Block 4, Wildridge, . Subdivision from a single-family lot to a duplex lot Summary: The owner of Lot 12, Block 4, Wildridge Subdivision ("the Property") . purchased the property in 1999. Staff provided the owner with land use information via fax, which indicated the Property, was zoned duplex.. The owner reasonably relied upon this land use information in purchasing the Property. The Property is surrounded by duplex lots, abuts Forest Service property, and is almost an acre in size. Recently, the owner contacted staff and was informed the Property is in fact a single- family lot. The owner presented the fax copy provided by our office indicating the property is a duplex lot. The case law in Colorado and other jurisdictions is clear. If a person detrimentally relies upon erroneous information provided by a governmental entity, then the town is estopped from denying the owner the remedy. In other words, the owner of Lot 12, Block 4, Wildridge, purchased the property based upon the incorrect information that the Property allowed a duplex. The owner contends that she would not have purchased the property had the correct information been disclosed i.e, that the Property is limited to a single family residence. It is unjust to prevent the owner from obtaining what she thought she was purchasing. Recommendation: Staff recommends the Planning & Zoning Commission recommend approval of the PUD Amendment for Lot 12, Block 4, Wildridge Subdivision. F:comc Ti ff =sl2 W12b4wr Planning and Zoning Commission's Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 October 6, 2001 To whom it concerns: OC j 15 200) Community )eve - loP We are opposed to the re-zoning of Lot 12, Block 4, Wildridge Subdivision from single-family to' duplex residence for the following reasons: 1. Lot 12 was re-zoned in 1981 from duplex to single family to compensate for an overall Wildridge plat density increase from approximately 830 to 849 units. No rationale has been provided in your notice to justify the additional density increase resulting from this proposal. 2. As prospective buyers of this lot circa 1998, we had a soil survey conducted as a condition of purchase. At that time, the soil survey indicated great erosion potential and soil instability in wet conditions due to the nature of the subsurface ,and steep grade of the lot. A multi-family dwelling in this location can only exacerbate the potential problem Our soil survey can be made available upon request. 3. As owners of Lot 83, Block 4, we are directly below the subject property. If the re-zoning is approved, we feel we may suffer economic loss in the future based on the conditions stated above. Thank.you for your attention. Regards, d14' John and Janet Perdzock 1289 Sugarhill Lane Xenia, OH 45385 937-372-4237 (please leave message) Memo To: Ttt~ IFrortrx Dabs Re: Summary Honorable Mayor and Town Council Bill Efting, Town Manager Ruth Borne, Director of Community Development Eric Johnson, Planning Technician November 7, 2001 First Reading of Ordinance 01-17, An Ordinance Amending the Wildridge PUD for Lot 12, Block 4, Wildridge Subdivision The-Town of Avon is applying to amend the Wildridge PUD to increase the development rights on Lot 12 Block 4 from single-family to duplex. Incorrect development information on Lot 12, Block 4, Wildridge Subdivision was provided to the owner who relied upon this information in purchasing the property. Staff erroneously informed the owner that the property had development rights for a duplex residence by providing evidence of the duplex zoning via fax (copy attached to staff report). The Planning and Zoning Commission determined that the increase of development rights on Lot 12 Block 4 Wildridge, from single-family to duplex, would not negatively affect Wildridge. The Commission further determined that the PUD amendment was in conformance with the Comprehensive Plan, Policy A1.1 that states, "Development and redevelopment will be of a scale and intensity appropriate for the neighborhood in which it is located." Duplex-zoned lots surround the property. The property is on the north side of Wildridge Road and is adjacent to Forest Service property. In Wildridge, there are only fourteen (14) lots zoned single-family out of 353 lots in Wildridge. Ten (10) of the single- family lots are in Block 1 located on Beaver Creek Point. There is only one other single family zoned lot in Block 4. Based upon discussions with the Town Attorney, the Town has filed an application for a PUD Amendment to increase the development rights on the property to a duplex. Attached, please find a memo prepared by Burt Levin, Town Attorney, outlining the legal theory supporting this matter. On October 16, 2001 the Planning and Zoning Commission approved Resolution 01-16, recommending approval to the Town Council for the PUD Amendment. Memo to Town Council, November 13, 2001 Page 1 of 2 Ordinance 01-17, Amend Lot 12 Wildridge PUD Background • 1978 Wildridge Final Plat = 356 lots, 830 Dwelling Units (Lot 12, Block 4 zoned for duplex) • 1980 Wildridge RePlat Number 1: 352 lots, 830 DU (Lot 12, Block 4 zoned duplex) • 1981 Wildridge RePlat Number 2: 338 lots, 849 DU (Lot 12, Block 4 zoned single- family) • . August 15, 2000, the Planning and Zoning Commission recommended denial of the PUD amendment to Council. • August 22, 2000, the owner withdrew the application. • October 16, 2001, the Planning and Zoning Commission recommended approval of the PUD amendment to Council. Recommendation Staff recommends that the Town Council pass Ordinance 01-17, amending Wildridge PUD to increase the development rights for Lot 12 Block 4, Wildridge Subdivision from single- family to duplex. Alternatives 1. Approve on First Reading 2. Deny on First Reading Proposed Motion "I move to approve on first reading Ordinance 01-17, approving an amendment to the Wildridge PUD for Lot 12 Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. Town Manager Comments Attachments: A. Ordinance 01-17 B. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 01-16 Memo to Town Council, November 13, 2001 Page 2 of 2 Ordinance 01-17, Amend Lot 12 Wildridge PUD Lyn and Joanne Morgan 5735 Wildridge Road East Avon, CO 81620 970 949.4436 October 15, 2001 Avon Planning and Zoning Commission Recording Secretary PO Box 975 Avon, CO 81620 Re: The re-zoning of Lot 12, Block 4, Wildridge Subdivision RECEIVED 0CT152001 COMME Mfty Devabp nrt It seems as if we just addressed this issue and, in fact we did, in August of last year. Having already expressed our disapproval of the plan at that time, I will simply reiterate that we are still opposed to allowing the down-zoning of the property owned by Alice Leeds. The first time around, Ms. Leeds claimed that she should be allowed to re-zone the lot because when she purchased the lot she didn't know it was zoned single family. (This is hard to under- stand because the property was sold with already approved single-family home plans designed for use on the property.) However, after experiencing negative response from the neighboring homeowners in addition to a denial by Planning and Zoning, she withdrew her request. One year later, with the lot still priced higher than comparable sites, she has returned to try again. Our reason for wanting her request to be denied is simply that we do not want to see the Town of Avon begin to change the zoning on residential properties. We are in agreement with all of our neighbors who feel that the Town of Avon should not change the zoning on Ms. Leeds' lot. Down-zoning will depress the valuation of nearby existing single-family homes and increase neighborhood traffic. Because only one road leads to Wildridge we believe the Town should look for ways to up-zone instead of down-zone. Sincerely, Lyn J. organ n S. Morgan John & Donnis McDonald 5730 Wildridge Road E PO Box 1185 Avon, Co. 81620 (Lot 10, Blk 4) Town of Avon, Planning and Zoning Comm. P O Box 975 Avon, Co. 81510 Attn: Recording Secretary Re: Opposition to rezoning Lot 12 Block 4 Wildridge Subdivision Dear Commissioners;: RECEIVED OCT 10 2001 Community Development October 9, 2001 We are shocked and disappointed that the Town is pre-disposed to rezone the lot (12,Blk 4) in Wildridge before the public hearing noticed in your letter of 2 Oct. 01 to some of the nearby residents. We have not received a letter here in Avon or at our Birmingham, Al office (101 Lockerbie Lane, 35223) This matter was addressed last year, Re: our letter dtd 14 August, 00 to your office. The Board/Commission wisely rejected the petition to rezone at that time. How many times will it recur ? The owners / developers were aware of the zoning and approved use recorded Planed Use and Development documents for Wildridge before purchase and at closing, via the Title policy. There is no duplex construction on the upper (north) side of Wildridge road for several blocks in ether direction from Lot 12. This is by choice of as the adjacent owners to create an ambiance and quality of Neighborhood. Although our lot and others were initially zoned duplex, regard for the immediate neighborhood dictated that a single family structure would best complement the resale value in this section (also the tax base for the city of Avon) The topography and physical dimensions of the lot in question are difficult for a single family construction but particularly challenging for the more complex considerations of a duplex application concerning elevations, street access, snow and water flows and specifically foundation and excavation stability. Considerable engineering and architectural study should be developed before any attempt to multiply the construction and safety problems are addressed by the Board / Commission / Council In light of the above concerns and last year's numerous property owners protests, it does not appear to be " for the good of the community" , neighborhood, the city of Avon, 911 services, building inspectors, insurance and liability carriers or the aesthetics of the area to approve this rezoning application. Please exercise your responsibility to the town and neighborhood and deny the violation /deviation from the recorded Planned Use and Development Restrictions for this (lot 12 Blk 4) property. Sincerely, ll 0 Page 1 Gardner, John M. RECEIVED OCT 0 9 2001 Community Development JOHN & CREEK CARDNER 5723 Wildridge Road East Avon, Colorado 81620 MailingAddress: P.D,Box 3026 Vail, Colorado 81658 October 6, 2W1 Avon Planning and Zoning Commission P.O. Box 975 Avon, Colorado 81620 AtM. Recording Secretary Re: Lot 12, Block 4, Wildridge Subdivision Enclosed please find a copy of our letter ofAagust 4 200, rgwrdigg the Avon Community Development Departments application for duplex development of the above lot As indicated, our home is directly across the street from the subject /off and we strongly object to the proposed downgrade of zoning We are also enclosingcopies of the other letters from property owners submitted last year. When this matter came before the Council a year ago, the Town Attorney indicated to the Town Council that it was his opinion that the change was permitted - - even required - by the doctrine of "equitable estoppel. " We disagree with this conclusion. As explained by Mr. Levin, in order to assert this doctrine, one must have been ignorant of the true facts and must have reasonably relied on the mistaken information provided by the government entity against which the doctrine is being asserted. First, it is not apparent that the owner of the lot, Ms Leeds, is even asserting this doctrine. In fact, Mr. Levi, 71; memo of August 16,20W, indicates that the "owner has not threatened to sue the Town to conform the zoning of her lot to duplex " !f this is the case; why is the Town's Community Development Department - - against the recommendations of the P&Z Commission - - again making this application f In the year that has elapsed, the subject lot has been offered for sale at a price of at least $315,000. We personally know two separate parties who were very interested in the lot, but would not pay that exorbitant price /f Ms. Leeds now claims she has been injured by the Town's actions, she has not met the strict requirements of equity that she first take all possible actions to minimize her claimed losses Second and most hnportan4 it is clear that Ms. Leeds did not reasonably rely on the Town's misinformation. She bought the lot with an approved plan for a single-family house. Should she not have asked the seller - - a developer - - why he had planned and obtained approval for this development of the lot, rather than a duplex f /f this aspect ut her purchase was so important to her, should she not have covered this very important feature of the lot in her purchase contract ? When she purchased the lot, should she not have reviewed the Wildridge Protective Covenant % which she surely receired from the We company and which clearly show this lot as a single-family lot' Is that not the very reason we have title insurance ? Is that not the reason that, in our modem society, zoning decisions and protective covenants are recorded - - so that anyone can determine the status? Should Ms Leeds be excused from having constructive, legal notice of the zoning of the subject lot because she was not diligent enough to check for herself ? In short, Ms. Leeds' imprudence leaves her unable to legally assert the doctrine of equitable estoppels. Beyond those facts, however, the real question to us is why the Town Community Development Department - - which is given the duty of overseeing development of properties in the Town and assuring that development is in the best interests of the Town and ALL of ita citizens - - Mcludlig all of the property owners in the immediate vicinity of the subject lot - - feels compelled to make this application, to downgrade zoning and encourage the derelopinent of larger buildings and higher density ? It seems clear that Ms. Leeds sole reason to build a duplex is to make a higher profit - - just as her aggressive sales price for the lot during the last year demoastrates. This is not a question of Ibirness"at all, but & matter of greed. And when it comes to fairness, we also object to the fact that no sign indicating the application was being made and a hearing Mng held was ever posted on the lot itself - - is this not Town policy ? Was the Town hyir{g to hide this application from public scrutiny ? For all of these reasons, we Ave that the Planning & Zoning Commission and the Town Council - - our elected representatives - - will deny this request: Sincere/ John M. Gartd,70f ~ ICJ Greer S. Gardner P.S. In reviewing the materials made available tithe hearing held on this matter lastyear, it appears that the Town records are not very reliable with respect to other lots, as well. Lot 15, Block 4 is listed as a duplex - - whereas the Protective Covenants show it, too, as a single-family lot. JOHN r& GRUB GARDNIER 5723 Wildridge Road East Avon, Colorado 81620 Mail a Ad W1.0 P.O. Sol 3026 veil, Colorado 81638 August 4, 2000 Avon Planning St Zoning Commission PO Box 975 Avon, Colorado 81620 Attn: Recording Secretary Re. Lot 12, Block 41, WlldrWe Spbdlvisioa With respect to the Avon Community Development Department's application for duplex development of the above-referenced property, are wish to express our s to such'development. Our residence is directly across Wildridge Road from the subject lot and is a single family structure, even though our lot (Lot 82, Block 4) was designated for a duplex and is large enough (1.3 acres) to easily accommodate such development. The downgrade of zoning to duplex residential for Lot 12, Block 4, would not be consistent with other development from our property to the wes% on both sides of Wildridge Road. Duplex development would also severely decrease our propertY value- Looking at how Wildridge has been developed, we think-it should be obvious that some duplex designs are not very successful for their lots. As Wildridge is built out, it is our hope that many of the duplex lots, like ours, will be developed as single family. Certainly, fiam a Community Development perspective, duplex development should not be officially encouraged by the Town, and downgrading of zoning should not be permitted. Sincerely, 4fjo M. Gardner Greer S. Gardner Russell & Margaret Stunt 5717A WH"ge Road Ea# Avon, Colorado 81820 MAILING ADDRESS 501 Egypt Valley Belmont, MI 48806 August 10.2000 Avon Planning & Zoning Commission PO B= 875 Avon, Colorado 81820 Attn: Recording Secretary Re: Lot 12, Block 4, Wildridge Summon We wish to express our Own obleotiona with respect to, the Avon Community Deve rd Departments application for duplex development of the above-refierenced property. our property is southeast and directly across Wildridge Road from the subject lot. Although we own a duplex careful consideration was given at the time of purchase as to ft number of single-family homes and zoned single-family loll around our property. , We did this because we believe it is the single-family horses #W add the most value to proped es in the area. We realized then, as we do now, that Mlildridge is an area with some less than quality duplexes. Indeed, one or two are eyesores and others do not work well on their lots. We believe that the downgrading of zoning of the subject loot will decrease our property value and should not be permit. We understand that thane is always the possibility of any property owner applying for variance of zoning. The'Town, however, should not officially, encourage the dwngmcling of zoning. August 4, 2000 Town of Avon Planning and Zoning Commission's Recording Secretary P.O. Box 975 Dear P&Z Commissioners, We are writing to oppose the amendment to the Wildridge PUD concerning Lot 12,- Block 4. We believe the property should remain a single-family lot for the following reasons: • There is already a mix of single family and duplex lots. In this case we believe the topography and current density argues best for a single family as currently designated • Crowding duplexes onto more lots creates twice the vehicle traffic and human congestion distracting from the potential ambiance and character of Wildridge. • While we understand there are improvements scheduled for Nottingham Road, there are presently none for Metcalf Road or Wildridge Road. Consider infiwtructure improvements first! Set a precedent for the region. • There are no plans to separate Metcalf commercial traffic from Wildridge residential traffic; it is already congested at times and Wildridge is only 600A built out. • Property values are affected when density increases; the area becomes less attractive to potential buyers and existing residents. • With the remaining supply of lots in Wildridge we believe the efforts of the P&Z should be to enhance the subdivision, not increase its already high density. You should consider the desires of existing residents who have invested in the future of Avon. ® If the Town of Avon changes zoning on a residential property a precedent is set for individuals who want to change zoning, something not always in the best interest of Avon or existing property owners. As residents we depend upon the P&Z to make thoughtful and strategic decisions regarding architectural standards and requests for changes in density. Please make your decisions based upon the long-term vision of Avon and the needs of current residents. Consider quality enhancements when considering requests for change, not how to place more duplexes in a subdivision with limited access. Look for ways to decrease density, widen roads, encourage tree and vegetation planting, and increase open space. Thank you for your consideration. Lyn and Jo 7e Morgan 5735 Wildridge Road East H) 949-4436 Intl/14/LWOU IU; L4 -j i Uc4DLj14 ~L L1JItMLL 14 August 2000 John and Donob Md)oWd 5730 Wildrldge Rd. M Avon, CO $100 Town of A0. PlAINifig and Zoning Commission PO Box 975 Avon, 00 81420 Attn: Reco ft Secretary Deer Coma idOM; We strongly object, to the rcvoning ofLot 12 Block 4 Wildridga SubdivWoa from side fatally to duplex residam+et. be mostly single fatly lots. Thin section of Wildridge was planned origir~a11Y to Lots 8 dwougb 14 are now caned or couu=ucted by ownen as dn& tlmaly bo~. Several other lots on the downO side of Wildridppe. although zomd duphK have been bwk ss suk &=iy homes to mcreasc their value and limability se~ivn of if you have not had the oppordu~ity recently, please Mve a the atmwsphere Wildrid$e b&tc you comer imamseasing the howe density and devahft and present valve of the existing homes. You will notion also that the topography of Lot 12 is particularly chsllengin& It 9611 mqun additional study and et*meering to insure safe wcee &d d mbp =rL Orte .lid== would be much more homogeneous to the site, neighborhood and subdivision. re Any increase in residerdiat density would be directly catnoor Productive to the recent efts of the city to control vehicle tow and speed Imim within the eabdivisim water, police eemn* aril fire protection resources would be ftutlter diluted. Especiak at the bighest elevation of a *O&odmmd with only we access ro=d. Please deny the change of xming for Lot 12 and maintain the antbiaaoe of this section of vlrildridge as a has bun developed. Rapectfift UAW eLlyv John McDM d Dmab McDonaM Lot to B14 cc: Ruth 0. Borne I p 1 -2tJ-1 ytzb 6: 1 1 NM I• A P. I FAX TRANSMISS10NO Marvin B. Si. FAX NO: 11222 DATE: August 1 TO: Town of Avon SENDER: Mxvin Simon NUMBER OF PAGES: COVER SHM 1. This lot is zoned Single Family by 2. Lots purchased nearby, including zoned Single Family. 3. An increase in the zoning would pu able to build 2 units is stealer than the ton 2000 FAX PHONE: 970-949-9139 ATIN: Community Development SUBJECT: Lot 12, Blk 4, Wildridge + p = 1 PAGES. original developer. Bencbmark Propertim were valued somewhat higher because the subject lot was the owner with an unjust enrichment since the value of being ction of building 1 unit. 4. Approval of this application would establish the precedent for requests to increase the density of other lots. The Avon Town Council is-on record as being concerned ofthe high density in Wildridge, 1 was required to provide a certified traffic study for my 4 bedroom home. 3. Many of the homes built at the top of Wildridge are single family homes. An approval of this application would insert 2 units on it single property Purdimded by single family homes. Thereby adversely affecting the value of the single family homes and' the neighborhood. 6. h should be a concern to the Town and this Commission to avoid increasing the density in Wildridge and to encourage voluntary downzonin& and absolutely ban any increase in zoning. There are owners of multiple zoned properties in the Town of Avon wbo could use tbis precedent to demand increased density zoning for their properties. This property is not suitable for 2 units, and may not really be suitable for a single unit since it is subject to very heavy snowfall, deep snow accumulations and snow avalanches. We encourage the Commission to ignore the conflict eatabli§hed by the ownership of this property and reject this application as they certainly would from any other owner. Thank you. Marvin B. Simon Pant &mon u faoaimtlr u don van ca;as iototmetiea betoo ding to the aendv thus MO be CONI"mENI3AL AM MAMY JWV11.W0X TW& iullua~ h ~ lhs 1''~'~~ M ts+loam it is dira~mrl sa ic+~+tatn aboves If yuu eta nut the iateadml tseipitud. uny diedasure, • diattibutien, of use d the it~5oaanstioa ocitminod is es Otis ttmsc~ilsel is any t* Ityou hove nan iml this kwsmiw eat m wig, plmiae =Bus eAvL nt(303) 377,2870 to attoM ltit ftvftn to us now t>xr•~ Lyn and Joanne Morgan 5735 Wildridge Road East Avon, CO 81620 970 949.4436 November 12, 2001 Avon Town Council Members PO. Box 975. Avon, CO 81620 Re: The re-zoning of Lot 12, Block 4, Wildridge Subdivision Nod V do 461401 /G / 401V Is this issue going to emerge every year until the Town gives' in? Is the Town going to give in because,Ms. Leeds arrives with a lawyer? I thought we all knew the history of this lot - how in the early eighties it was re-zoned single family so that a property somewhere else in Wildridge could be zoned duplex. This week someone who was familiar with the history of the lot said it was re-zoned to lower the total assessment for the installation of gas. lines. Whatever the reason; according to my copies of the covenants 'of Wildridge, it has been zoned single family since September 1981. We do care-about this history combined with the fact that someone in the Planning, an d Zoning Department faxed Ms. Leeds misinformation regarding the zoning on her property. However, we are opposed to the changing of this zoning on principle. The fact is that a Town loses its integrity or credibility if-it does not respect its covenants and zoning - especially in a residential area. The first time around, Ms. Leeds claimed that she should be allowed to re-zone the lot because when she purchased the lot's he didn't know it was zoned single family. (This is hard to under- stand because the property was sold with already approved single-family home plans designed for use on the property.) One year later, with the lot still priced higher ($298,500) than com- parable sites, she has returned to try again using the same claim. Our reasons for wanting her request to be denied are that we do not want to see the Town of Avon begin to change the zoning on residential properties, and that We feel down-zoning will depress the valuation of nearby EXISTING single-family homes and increase neighborhood traffic. We are in agreement with our neighbors who feel that the Town of Avon should not change the zoning on Ms. Leeds' lot: Sincerely, L j (yl Lyn J. Morgan IM e S. Mor NOV 2 l 2001 TOWN OF AVON November 19, 2001 Town of Avon Mayor and Town Council P.O. Box 975 Avon, CO 81620 RE: Wildridge Lot 12, Block 4 Russ & Maggie Stuut 5931 Egypt Valley Belmont, MI 49306 616-534-6996 voice 616-534-1402 fax We wrote to you last year opposing a change of zoning of the above lot from single family to duplex. This letter will renew our opposition. We own the property at 5717 Wildridge Road East, across the street from this lot. When we purchased our home, we gave careful consideration to - and relied upon - the zoning in the area, as well as the existing development, which is predominantly single-family. That development was a significant factor in our decision and added to the value of our home when we purchased it two years ago. Correspondingly, a change of zoning and the resultant duplex development of the subject lot will decrease the value of our home. We strongly urge you to deny the request for rezoning. It has been zoned as single-family for over 20 years. Because a Town employee gave incorrect information to the purchaser of this lot is not a reason why we - as existing property owners who have already invested in the Town - should be charged a penalty for this mistake. This is not how "fair" government should function. Sincere , uss Stuut