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TC Ord. No. 2002-01 Approving an amendment of the Wildridge planned unit development PUD for Lot25 B2 Wildridge subdivision TOATOWN OF AVON ORDINANCE NO. 02-01 SERIES OF 2002 AN ORDINANCE APPROVING AN AMENDMENT OF THE WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR LOT 25, BLOCK 2, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Stephen Kaloz has applied to amend the Wildridge PUD for Lot 25, Block 2, Wildridge Subdivision to amend the development rights from this lot which is currently zoned for four (4) residential units and to create two (2) single family residential Lots, 25A and 25B; 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 December 18, 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 day of , 2002, at which time the public was given an opportunity to express their opinions regarding the proposed PUD amendment; and F:\Counci1\0rdinances\2002\0rd 02-01 L25 B2 WR PUD amendment.doc 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. 2. That the amendment of the Wildridge PUD for Lot 25, Block 2, 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 25, Block 2, 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 25, Block 2, Wildridge Subdivision from a four- plex residential lot to two (2) single-family residential lots is hereby approved, subject to the following conditions: Approval of the Final Plat for Lot 25, Block 2, Wildridge Subdivision. 2. The access easement must be a minimum of 25' and the driveway shall not encroach into the setbacks. 3. The PUD amendment will conform to all zoning requirements. This includes a 10' side setback requirement. 4. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. FACounci1\0rdinances\2002\0rd 02-01 L25 B2 WR PUD amendment.doc INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 84 day of January, 2002, 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 January, 2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council J y Yoder, May ATTEST: Q/1t-O~J~ •P~ael~, Town Clerk (Up&/y) Mirxn4 Sf~b~r INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED. Town of Avon, Colorado Town Council i9y Yoder, ay ATTEST: C ~Kric l~Tach~ Town Jerk (!'Puy FACounci1\0rdinances\2002\0rd 02-01 L25 132 WR PUD amendment.doc 0 0 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 22nd DAY OF JANUARY 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-01, SERIES OF 2002: An Ordinance Approving the First Amendment of the Wildridge Planned Unit Development (PUD) for Lot 25 Block 2, 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 11 th day of January, 2002. TOWN OF AVON, COLORADO B V Y: Miranda Steber Deputy Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JANUARY 11, 2002: 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 Manage'r0f-_ From: Ruth Borne, Director of Community Development Tambi Katieb, Planner II i Date January 15, 2002 Re: Second Reading of Ordinance 02-01, An Ordinance Amending the Wildridge PUD for Lot 25, Block 2, Wildridge Subdivision (Public Hearing) Summary The applicant, Stephen Kaloz, owns Lot 25, Block 2 in the Wildridge Subdivision. He is seeking a PUD amendment in order to create two single-family lots, thus removing two development rights from this lot that is currently zoned for four units (a fourplex). The applicant has stated that the proposed single-family lots will be identical to the RSF zone district as they relate to development standards (building height, lot coverage, setbacks). The Planning and Zoning Commission recommended approval of this PUD Amendment on December 18, 2001 with three conditions as attached on Resolution 01-22. Accompanying this PUD amendment is an amended final plat, which will create the two single-family lots and identify the new proposed access easement. The first reading of this ordinance took place on January 8, 2002. This is the second reading of this ordinance (public hearing). Recommendation Staff recommends that the Town Council pass Ordinance 02-01, amending the Wildridge PUD to decrease the development rights for Lot 25, Block 2, Wildridge Subdivision from four units (fourplex) to two single-family units. Alternatives 1. Approve on Second Reading 2. Deny on Second Reading Proposed Motion "I move to approve on second reading Ordinance 02-01, approving an amendment to the Wildridge PUD for Lot 25, Block 2, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. " Memo to Town Council, January 3, 2002 Page 1 of 2 Ordinance 02-01, Lot 25, Block 2, Wildridge PUD Amendment Town Manager Comments ~ 6.141(/ Attachments: A. Ordinance 02-01 B. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 01-22 Memo to Town Council, January 3, 2002 Page 2 of 2 Ordinance 02-01, Lot 25, Block 2, Wildridge PUD Amendment Town of Avon PUD Staff Report December 18, 2001 Planning & Zoning Commission Meeting Report Date December 13, 2001 Project Type Planned Unit Development Amendment Legal Description Lots 25, Block 2, Wildridge PUD Current Zoning Planned Unit Development (PUD) (4 Unit Lot) Address 2900 June Creek Trail Introduction The applicant, Stephen Kaloz, owns Lot 25, Block 2 in the Wildridge Subdivision. He is seeking a PUD amendment in order to create two single-family lots, thus removing two development rights from this lot that is currently zoned for four units (a fourplex). The applicant has stated that the proposed single-family lots will be identical to the RSF zone district as they relate to development standards (building height, lot coverage, setbacks). Accompanying this PUD amendment is an amended final plat which will create the two single- family lots and identify the new proposed access easement. 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 that 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 is consistent with the public interest. 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 will require a final design approval from the Town. 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 immediate lots on the same side of June Creek Trail are duplex lots. 4. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity: The uses and density proposed are compatible with surrounding uses and activity. Down zoning the property will be compatible with surrounding uses. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 25, Block 2, Wildridge, PIJ~ Amendment December 18, 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 or mitigation measures are proposed or required 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 may provide a higher aesthetic quality since it will eliminate two development rights on Lot 25. Project design will require a separate approval from the Town. 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. Final site plan design will require a separate approval from the Town. 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. 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 and should reduce potential traffic and an additional road cut through the elimination of two development rights for the lot. 12. Development Standards Setbacks: Front: 25 feet. Rear: 20 feet. Side: 10 feet. Height: 35 foot maximum. Density: 1 unit per lot. Site Coverage: 50% maximum for each single-family lot Landscaping: 25% minimum for each single-family lot Town of Avon Community Development 970) 748-4030 Fax (970) 949-5749 Lot 25, Block 2, Wildridge, PL_ Amendment December 18, 2001 Planning & Zoning Commission meeting Page 3 of 3 Staff Comments Staff supports the PUD Amendment as proposed. Accompanying this amendment will be an amended final plat to create the new lot line. Staff Recommendation Staff recommends approval of the PUD Amendment to remove two development rights from Lot 25, creating Lots 25A and 25B for the construction of one single family home on each lot. The approval has two conditions. Recommended Motion I move to approve Resolution 01-22 recommending to the Town Council approval of the application for an amendment to the Wildridge PUD to rezone Lot 25, Block 2 from multifamily zoning for four (4) units to two(2) single-family units, eliminating two (2) development rights from Lot 25 with the following conditions: 1. The access easement must be a minimum of 25' and the driveway shall not encroach into the setbacks. 2. The PUD amendment will conform to all zoning requirements. This includes a 10' side setback requirement. 3. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. If you have any questions regarding this project or anything in this report, please call me at 748.4002 or stop by the Community Development Department. 4iatieb, fitted, TAICP Town of Avon Community Development 970) 748-4030 Fax (970) 949-5749 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 01-22 SERIES OF 2001 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF A PUD AMENDMENT TO THE WILDRIDGE PUD FOR LOT 25, BLOCK 2, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Stephen Kaloz has applied for an amendment to the Wildridge PUD to create two single family lots on Lot 25, Block 2, removing two existing. development rights on the lot; and WHEREAS, after notices required by law, a public hearing on said application was held by the Planning & Zoning Commission of the Town of Avon; and W HEREAS, 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 an amendment to the Wildridge PUD to rezone Lot 25, Block 2 from multifamily zoning for four(4) units to two(2) single-family units, eliminating two(2) development rights from Lot 25, with the following conditions: The access easement must be a minimum of 25' and the driveway shall not encroach into the setbacks. 2. The PUD amendment will conform to all zoning requirements. This includes a 10' side setback requirement. 3. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. ADOPTED THIS 18th DAY OF DECEMBER, 2001 Signed: Date: Z Chris Evans, Chair Attest: Date: l2 -117-01 Paul Klein, Secretary