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TC Ord. No. 2002-12 Approving an amendment of the Wildridge planned unit development PUD for lots 10 and 11 block 2 Wildridge subdivision TOA798940 Page: 1 of 4 8l Sara J Fisher Eagle: CO 285 _ R 20.00 17D2 0.00 459Pi TOWN-OF AVON ORDINANCE NO. 02-12 SERIES OF 2002 AN ORDINANCE APPROVING AN AMENDMENT OF THE WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR LOTS 10 AND 11, BLOCK 2, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Mike Dantas has applied to amend the Wildridge PUD to rezone Lots 10 and 11, Block 2, Wildridge Subdivision, to create three single-family lots (Lots IOA, IOB, and I OC) and removing one (1) existing development right; 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 May 21, 2002, 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 11 day of , W\s , , 2002, 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:\Town Clerk\Council\Ordinances\Misc\Ord 02-12 L10,11 B2 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 to rezone Lots 10 and 11, 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 Lots 10A, IOB, and IOC, 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 to rezone Lots 10 and 11, Block 2, Wildridge Subdivision, to create three single-family lots (Lots IOA, IOB, and IOC) and removing one (1) existing development right is hereby approved with two conditions: 1. The subdivision plat and an updated PUD plan will reflect the following for recording: a. All easements and setbacks need to be labeled and dimensioned correctly on proposed lots as follows: i. Front Setback: 25 feet from O'Neal Spur. ii. Rear Setback: 10 feet. iii. Side Setback: 10 feet. 2. 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. 798940 1 11I iI 1` f 4 l page.: 2 of 4 { I IE l ili i ! OF,/ 17/2002 Q4:59P Sara J Fisher Eagle, CO 299 R 20.00 D 0.00 I:\Town Clerk\Council\Ordinances\Misc\Ord 02-12 L10,11 B2 WR PUD amendment.doc Jp' INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 2g day of - U)_ , 2002, and a public hearing shall be held at the regular meeting of the Town Counci f the Town of Avon, Colorado, on the I vv` day of, 2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. OF Q : • S FA, A ATTEST: ~r~ wn C erk Town of Avon, Colorado Town Council Ma r INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the 11 -pp_ day of ~ yA L , 2002. Town of Avon, Colorado Town Council 8 ~ At ATTEST: v •'i j; 4 0 r To rk I I I I I!i I I I I! I I I I!I V I I I Sara J Fisher Easle~. I!III IIII I!IIIII ~~Ill lfi CO 289 R APPROVED AS TO FORM: v To 4 Attorney Iffown Clerk\Council\Ordinances\Misc\Ord 02-12 L10,11 B2 WR PUD amendment.doc 798940 Page: 3 of 4 06;17/2002 04:59P 20.00 D 0.00 ~jw' , 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 11TH DAY OF JUNE 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-12, SERIES OF 2002: An Ordinance approving an amendment of the Wildridge Planned Unit Development (PUD) for Lots 10 and 11, 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 7th day of June, 2(WW M, ~S . U' ppe p~ TOWN OF AVON, COLORADO BY: Tay envy To rk ED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON POST JUNE 7, 2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY I II ' it y~l j 798940 I ( Page 4 of 4 III 06%17/2002 04:59P)' I i I .,III ~~l E.: . Sara J Fisher Eagle: CO 2K- R 20.00 Li 0.00 Memo To. Honorable Mayor and Town Council Thru: Bill Efting, Town Manager. From: Tambi Katieb, Community Developmen Date June 5, 2002 Re: Second Reading of Ordinance 02-12, An Ordinance Amending the'Wildridge PUD for Lots 10. & 11, Block 2, Wildridge Subdivision (Public Hearing) Summary The applicant, Michael Dantas, owns Lots 10 and 11, Block 2 in the Wildridge Subdivision. He is seeking a PUD amendment in order to create three single family lots instead of two duplex lots, thus removing one development right from these lots that are currently zoned for two units (a duplex) each. The applicant has stated that the proposed single-family lots will be identical to the other single-family lots in Wildridge as they relate to development standards. (building height, lot coverage, setbacks). The Planning and Zoning Commission recommended approval of this PUD Amendment on May 21; 2002 with conditions as attached on Planning and Zoning Resolution 02-06. Accompanying this PUD amendment is an amended final plat, which will create the three single-family lots and identify the new proposed access easement. The plat will be brought to Council concurrently with the second reading of Ordinance 02-12. Council approved the first reading of this ordinance on May 28, 2002. Recommendation Staff recommends that the Town Council amending the Wildridge PUD to rezone Lots create three single-family lots (Lots 10A, development right from Lots 10 and 11. pass Ordinance 02-12 on second reading, 10 and 11,.Block 2, Wildridge Subdivision, to 10B, and 10C) and removing one existing Alternatives 1. Approve on Second Reading 2. Deny on Second Reading Proposed Motion "I move to approve on second reading Ordinance 02-12, approving an amendment to the Wildridge PUD for Lots 10 & 11, Block 2, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. ° Memo to Town Council, June 11, 2002 Page 1 of 2 Ordinance 02-12, Lots 10 and 11, Block 2,.Wildridge PUD Amendment,(Public Hearing) C Gh~ vt/ Town Manager Comments Attachments: A. Ordinance 02-12 B. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 02-06 D. Minutes from the May 21, 2002 Planning and Zoning Commission Meeting Memo to Town Council, June 11, 2002 _ Page 2 of 2 Ordinance 02-12, Lots 10 and 11, Block 2, Wildridge PUD Amendment (Public Hearing) 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 11"' DAY OF JUNE 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-12, SERIES OF 2002: An Ordinance approving an amendment of the Wildridge Planned Unit Development (PUD) for Lots 10 and 11, 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 7th day of June, ?Qq?vS.;~, •~°"°°`°°°"f, TOWN OF AVON, COLORADO b ` t BY: FMaW c *enny erk • ° fToni -er ~eQL t b"' POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JUNE 7,2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY TOWN OF AVON ORDINANCE NO. 02-12 SERIES OF 2002 AN ORDINANCE APPROVING AN AMENDMENT OF THE WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR LOTS 10 AND 11, BLOCK 2, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Mike Dantas has applied to amend the Wildridge PUD to rezone Lots 10 and 11, Block 2, Wildridge Subdivision, to create three single-family lots (Lots IOA, IOB, and IOC) and removing one (1) existing development right; 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 May 21, 2002, 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 11 day of 2002, 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: IATown Clerk\Council\Ordinances\Misc\Ord 02-12 L10,11 B2 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 to rezone Lots 10 and 11, 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 Lots I OA, I OB, and I OC, 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.to rezone Lots 10 and 11, Block 2, Wildridge Subdivision, to create three single-family lots (Lots IOA, IOB, and IOC) and removing one (1) existing development right is hereby approved with two. conditions: 1. The subdivision plat and an updated PUD plan will reflect the following for recording: a. All easements and setbacks need to be labeled and dimensioned correctly on proposed lots as follows: i. Front Setback: 25 feet from O'Neal Spur. ii. Rear setback: 10 feet. iii. Side Setback: 10 feet. 2. 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. 1:\Town Clerk\Council\Ordinanoes\Misc\Ord 02-12 L10,11 B2 WR PUD amendment-doc INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 2g day of , 2002, and a public hearing shall be held at the . regular. meeting of the Town. Counci f the Town of Avon, Colorado, on the 11 day of, 4,A.st_ , 2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. OF A 11&' Town of Avon,'Colorado Town Council ATTEST: wn C erk Ma r INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2002. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 1ATown Clerk\Council\Ordinances\Misc\Ord 02-12 L10,11 B2 WR PUD amendment.doc TOWN OF AVON ) PLANNING & ZONING COMMISSION RESOLUTION NO. 02-06 SERIES OF 2002 A RESOLUTION RECOM.N[ENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL. OF A PUD AMENDMENT TO THE WILDRIDGE PUD FOR LOTS . 10 AND 11, BLOCK 2, WILDRIDGE SUBDIVISIONJOWN OF AVON, EAGLE. COUNTY, COLORADO WHEREAS, Mike Dantas has applied for anamendment to the Wildridge PUD to create three single family lots on Lots 10 and 11, Block 2, Wildndge, removing one existing development right on the lots and changing the designation from duplex to single family, and W BEREAS, after notices required by law, a'public hearing on said application was held. by the Planning & Zoning Commission of the Town of Avon; and. WBEREAS$ 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 . PUD amendment for Lots 10 and 11, Block 2, Wildridge PUD, Town of Avon, Eagle . County, Colorado from duplex zoning for four (4) units on Lots 10 and I Ito three (3) single-family lots on Lots I OA, I OB, and I OC, eliminating one (1) development right from Lots 10 and 11 with the following conditions: I/ The subdivision plat and an updated PUD plan will reflect the following for recording: a All easements'and setbacks need to be labeled and dimensioned correctly on . proposed lots as follows: L Front Setback: 25 feet from O'Neal Spur. U. Rear Setback: 1'0 feet. Al. -Side Setback: 10 feet. t 2/ 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 21st DAY OF MAY, 2002 Signed. ~~7Z o Date. Z Chris Ev , C At: t: Staff Report PUP Amendment. AVO N C O L O R A D O May 21, 2002 Planning & Zoning Commission meeting Report date May 16, 2002 Project type PUD Amendment Legal description Lots 10 & 11, Block 2, Wildridge Subdivision Current zoning Both lots currently zoned for duplex Address 2877 & 2861 O'Neal Spur Introduction The applicant, Michael Dantas, is requesting an amendment to the Wildridge PUD zoning of `duplex' for these two existing lots to three lots zoned for `single-family', resulting in a formal reduction of one dwelling unit to the PUD zoning. Accompanying this PUD amendment request is 4 subdivision plat, which will formally acknowledge the amendment and vacate the existing lot line to create three new single-family lots and the required access easements. Attached to this report is a letter outlining the development guide and the merits of the proposal from the applicant. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110, the following 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 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. It can be argued that the effective `down-zoning' of these lots to single-family homes is more in character with the homes that have been constructed in the immediate neighborhood. Though most of these lots are still zoned for duplex, single-family homes with and without lock off units have been constructed. Conversely, the Comprehensive Plan also. calls for the inclusion of affordable housing within the community (Policy C2.2) and it could be argued that each .of the single family homes ..should have an approved `lock-off unit included, not to be. sold separately and restricted in size. This would effectively increase the density of this proposal over what currently exists and what is being proposed. Staff can support either option. • Town of Avon Community Development (970) 7484030. Fax (970) 949-5749 P Lots 10 & 11, Block 2, Wildridgt jeUD Amendment May 21, 2002 Planning & Zoning Commission meeting Page 2 of 4 ® 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 final design approval for each single family home 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 should comply with the design compatibility of the immediate environment. The immediate lots surrounding these properties are primarily single-family residences being . built on duplex or single family zoned lots. Each lot is required to apply for final design approval. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The uses and density proposed are compatible with surrounding uses and activity. Forfeiting one dwelling unit for this combined property will be compatible with surrounding uses. 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 and 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 one development right from Lots 10 and 11. The proposed PUD has only two curb cuts for three properties, which would likely be required with two duplexes. 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. The applicant is proposing individual development of each lot: The Final Plat accompanying this application will create an access -easement for Lot B. ® 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lots 10 & 11, Block 2, Wildridgo r'UD Amendment May 21, 2002 Planning.& Zoning Commission meeting Page 3 of 4 IF Public services are adequate. • 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 traffic that could be generated by an additional dwelling unit. 12. Development Standards Setbacks: Front: 25 feet from O'Neal Spur: Rear: 10 feet. Side: 10 feet. Height: 35 foot maximum. Density: 1 single-family home per lot, for a total of 3 homes. Site Coverage: 50%:maximum. . Landscaping: 25% minimum. Staff Comments .Staff believes that the reduction of one unit in density and the change from duplex homes to single family homes will conform to the construction of single-family homes. in the immediate vicinity, including those in Wildridge Acres. Staff would consider recommending further restrictions on building sizes and specific building envelopes if the applicant was asking for different development standards (such as setbacks, building height), but since none are being applied for, staff sees no compelling reason to impose such restrictions on each lot as proposed. Staff Recommendation I move to approve Resolution 02=06 recommending to the Town Council approval of the application for an amendment to Lots 10 and 11, Block 2, Wildridge PUD, Town of Avon,, Eagle County; Colorado from duplex..zoning for four (4) units on Lots 10 and 11 to three (3) single- family lots on Lots IOA, IOB, and IOC, eliminating one (1) development right from Lots 10 and 11 with the following conditions: 1. The subdivision plat and an updated PUD plan will reflect the following for recording: a. All easements and setbacks need to be labeled and dimensioned correctly on proposed lots as follows: i. Front Setback: 25 feet from O'Neal Spur. ii. Rear Setback: 10 feet. iii. Side Setback: 10 feet. 2. 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.. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 'of 91 Lots 10 & 11, Block 2, Wildridgu PUD Amendment May 21, 2002 Planning & Zoning Commission meeting Page 4 of 4 ® Recommended Motion Approve Resolution 02-06, recommending to the Town Council to approve the PUD Amendment for Lots 10 and 11, Block 2, Wildridge PUD, Town of Avon, Eagle County, Colorado from duplex zoning for four (4) units on Lots 10 and 11 to three (3) single-family lots on Lots IOA, IOB, and 10C,.eliminating one (1) development right from Lots 10 and 11 with the . following conditions: 1/ The subdivision plat and an updated. PUD plan will. reflect the following for recording:. a. All easements and setbacks need to be labeled and dimensioned correctly on proposed lots as follows: i. Front Setback: 25 feet from O'Neal Spur. ii. Rear Setback: 10 feet. iii. Side.Setback: 10 feet. 2/ 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 projector any planning matter, please call me at 748- 4002, stop by the Community Development Department. Respectfully submitted, Tambi Katieb, AICP U Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 E 0 0 V- (4Q M1W Wl1~~WW J ===2 o 0 i® V/ co V m LL n M ~.J /9 T en~~•e ~ ® N Li _ 0 Z _ ® ® LL > Q o e 0 0 0 L 8 'O C _0 VJ ® CL C C =aa. ac N~ Q 0 N O O w00~ 0- C 0 J 4, 4~ ~M O O .~d.Cam3v A q t I I M %r I U I e I Z ` O I a ' ' a ~ N C ,t~~•\ I m • • ~ 0 CZ) ° • I • \ • e ■ ■ ° • • 0 a &Aj a 0 f~~ ~ l / \ ~ eeJ o° n ~ Hasa •aan nnn d~ S4~ ~ will N ^ ° M j 11 ' / /J 1 1 i 11 / ' i ✓ I J! 01 p I+ 1 1 J! r l l ' e' ' I r r + I + rd l~ t ~ i t 1 I t ~ i I' I t 1 i t tl i 1 I/ r i i 1~ l 11 f.~ 1 1 1 ! r~ ! r J 1 I / I/ I 1 ~ l~ A t ~l i~ i~ 1 i~ r ~ r/ ~ 1 ~ i,' J ~Jl I 1 1~ 1 t, 1+ 1~ 17! 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