TC Ord. No. 2004-02 Approving an amendment to the wildridge planned unit development PUD for Lots 21 & 30 block 2 wildridge sundivision TOA eagle county CoTOWN OF AVON
ORDINANCE NO. 04-02
SERIES OF 2004
AN ORDINANCE APPROVING AN AMENDMENT TO THE
WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR
LOTS 21 & 30, BLOCK 2, WILDRIDGE SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, the Owners, Formations LLC and George Plavec, have applied for approval
of a Planned Unit Development ("PUD") Amendment to the Wildridge PUD for Lots 21, and 30,
Block 2, Wildridge Subdivision; and
WHEREAS, the application proposes to amend the Wildridge PUD to rezone Lots 30
and 21, Block 2 from duplex zoning to ten (10) single-family lots (Lots 30A, 30B, 30C, 3OD,
30E, 3OF, 21A, 20B, 20C, 20D); 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 February 3, 2004, 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 Development Plan; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded its recommendation for denial on the PUD application to the Town Council of the
Town of Avon through Resolution 04-08; and
WHEREAS, after notices provided by law, this Council held a public hearing on the
3u- day of gct~ , 2004, at which time the public was given an opportunity to
express their opinions rega di g the proposed PUD Development Plan; and
1ATown Clerk\Council\Ordinances\2004\OrdinanceNo. 04-02 L20 30 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 PUD Plan is consistent with the goals and objectives of the Town's
Comprehensive Plan, and is compatible with surrounding neighborhood and the
public interest.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
The Lot 21 & Lot 30 PUD Amendment to the Wildridge PUD to rezone Lots 21 and 30
from duplex zoning to ten (10) single-family lots (Lots 21A, 20B, 20C, 201), 30A, 30B, 30C,
301), 30E, 30F) is hereby approved, subject to concurrent approval of corresponding subdivision.
INTRODUCED, ON FIRST READING, APPROVED *RDERED
POSTED, this \d~- day of Q-u , 2004, and a public hearing shall be held at the
regular meeting of the Town Council of the wn of Avon, Colorado, on the a4 -day of,
2004, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
(11 ~ A"_
Mayor
ATTEST:
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED the day of 92004.
Town of Avon, Colorado
Town Council
I:\Town Clerk\Council\Ordinances\2004\Ordinance No. 04-02 L20 30 B2 WR PUD Amendment.doc
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
L•\Town Clerk\Council\Ordinances\2004\Ordinance No. 04-02 L20 30 B2 WR PUD Amendment.doc
Feb-19-U4 UZ:16pm From-Dunn & Causey,LLC +9707488881
02-19-04 14:11 From-OTTEN JOHNSON ROBINSON NEFF & RAGONETTI 303 825 6525
•
OT N, J0~3N50N, $p$n~r50N, Nom ' ScRA-(
ATTORNEYS AMID COUNSELORS AT LAW
MUNSEY L. AY5R3. JR.
DIRECT DIAL (3031 575-7555
Mu N52YIDOJRNiR.COM
950 SEVENTEENTH STREET
SurrE 160D
DENVER, COLORADO 80202
TELEPHONE 303-925-E3AQ0
FAX 30aa2E3.6525
WWVEV.o-rTENJOH NSON-COM
February 19, 2004
$Y FACSEVHLE (970) 949-5749 AND U.S. MAIL
T-562 P.002/002 F-585
T-959 P.002/0O2 F-669
YorrETTY, P-C.
DENVE=R
P,SPEN
S-fEAM130AT 5FRINGs
BRUCE 13. JOFINSON
(1940000)
RuTh- Bon=e
Director of co=unity Developwent
Town of Avon
P.O. Box 975
Avon, Colorado 81620
Re. PTJD Ameadment and Sketch Plan Applications for Lots 21 and 30, Block 2,
Wi drid e S bdivis'on
• Dear Ruth:
As was discussed earlier thi9 date, the applicant in the above-referenced matter has retained me as
legal co=sel. Further to my discussions with you and other Town staff, rhis letter formally withdraws the
above-referenced application. Therefore, while the marter has been noticed and will remain on the
agenda for the February 24, 2004, public hearing, the applicant does not anticipate appearing or maldng
any presentation at that hearing.
The applicant intends to re-evaluate its options for development of the propem. To That end, we
anticipate the possbility of submitting a modified application for replaniug the two existing lots into a
total of four, lors, and for amending the PUD to rezone the lots from duplex to single family. The
applicant requests that, at the February 24, 2004, Town Council give staff direction that it will be
appropriate to waive the application fees for That re.-submittal as had been discussed at the previous public
hearing-
On behalf of the applicant, I Iook forward to warping wiTh you on The re-submittal in the near
fun re.
est g
I
.
Munscy L. A rs,
for
• OTr'EN, JOHNSON, ROBINSON,
NEF'F & RACONETrl, P.C.
MLA/abm
610790.1
cc: 7ohnDu=, Esq- (by fax (970).748.8881)
Shane Bohan (by ezmil and U.S. Mail)
i
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
24T" DAY OF FEBRUARY, AT THE TOWN OF AVON MUNICIPAL BUILDING
FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF THE
FOLLOWING ORDINANCE:
Ordinance No. 04-02, Series of 2004, First Reading, An Ordinance approving an
Amendment to the Wildridge Planned Unit Development (PUD) for Lots 21 and 30, Block
2, Wildridge Subdivision, Town of Avon, Eagle County, Colorado (Located at 2631 Bear
Trap Road & 2967 June Creek Trail, Applicants Formations LLC & George Plavec are
seeking PUD Amendment to the Wildridge PUD for creating 10-single family lots in
Wildridge)
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
TOWN OF AVON, COLORADO
BY: Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON FEBRUARY 13, 2004.
✓ AVON MUNICIPAL BUILDING, MAIN LOBBY
✓ ALPINE BANK, MAIN LOBBY
✓ AVON RECREATION CENTER, MAIN LOBBY
✓ CITY MARKET, MAIN LOBBY
TOWN OF AVON
ORDINANCE NO. 04-02
SERIES OF 2004
AN ORDINANCE APPROVING AN AMENDMENT TO THE
WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR
LOTS 21 & 30, BLOCK 2, WILDRIDGE SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, the Owners, Formations LLC and George Plavec, have applied for approval
of a Planned Unit Development ("PUD") Amendment to the Wildridge PUD for Lots 21, and 30,
Block 2, Wildridge Subdivision; and
WHEREAS, the application proposes to amend the Wildridge PUD to rezone Lots 30
and 21, Block 2 from duplex zoning to ten (10) single-family lots (Lots 30A, 30B, 30C, 3OD,
30E, 30F, 21-A, 20B, 20C, 20D); 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 February 3, 2004, 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 Development Plan; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded its recommendation for denial on the PUD application to the Town Council of the
Town of Avon through Resolution 04-08; and
WHEREAS, after notices provided by law, this Council held a public hearing on the
day of 2004, at which time the public was given an opportunity to
express their opinions rega di g the proposed PUD Development Plan; and
1ATown Clerk\Council\Ordinances\2004\Ordinance No. 04-02 L20 30 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 PUD Plan is consistent with the goals and objectives of the Town's
Comprehensive Plan, and is compatible with surrounding neighborhood and the
public interest.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
The Lot 21 & Lot 30 PUD Amendment to the Wildridge PUD to rezone Lots 21 and 30
from duplex zoning to ten (10) single-family lots (Lots 21A, 20B, 20C, 20D, 30A, 30B, 30C,
301), 30E, 30F) is hereby approved, subject to concurrent approval of corresponding subdivision.
INTRODUCED, PASSM ON FIRST READING, APPROVED A"D RDERED
POSTED, this \6~-' day of , 2004, and a public hearing shall be held at the
'4~
regular meeting of the Town Council of the wn of Avon, Colorado, on the aq day of,
CZ~ c , 2004, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
Mayor
ATTEST:
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED the day of , 2004.
Town of Avon, Colorado
Town Council
1ATown Clerk\Council\Ordinances\2004\Ordinance No. 04-02 L20 30 B2 WR PUD Amendment.doc
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
1ATown Clerk\Council\Ordinances\2004\Ordinance No. 04-02 L20 30 B2 WR PUD Amendment.doc
.Memo
To: Honorable Mayor and Town Council
C O L O R A D O
Thru: Larry Brooks, Town Manager
From: Ruth Borne, Director of Community Development
Date: February 5, 2004
Re: First Reading of Ordinance 04-02 an Ordinance for a PUD Amendment for Lot
30 and Lot 21, Block 2, Wildridge Subdivision
Summary
The applicants, Formations LLC (Lot 30) and George Plavec (Lot 21) applied for a PUD Amendment to
the Wildridge PUD for creating 10-single family lots in Wildridge. Lot 30 is a 5.76-acre lot currently zoned
duplex and has a single-family residence constructed on it. Lot 21 is a 3.84 acre lot currently zoned
duplex. Both properties are located at the end of June Creek Trail on a 50'0" access easement which
provides access to the US Forest Service ("USFS") and access to Eagle River Water and Sanitation
District's ("ERWSD") lift station.
• The applicants provided a detailed application supporting the merits of their application based upon
the PUD criteria and other related documentation. A copy of the application is enclosed for your
review. The application includes among other things, traffic study based upon the impact of this
proposed development, evidence of available utilities, recommendation from the USFS, detailed
development data analysis, and revenue projections.
On February 3, 2004 the Planning & Zoning Commission unanimously recommended denial of this
application based upon the failure of the PUD application to comply with the PUD criteria set forth in
Section 17.20.110 in Resolution 04-08 (Exhibit "B"). Also attached you will find numerous letters of
support/opposition for this PUD, including a petition (Exhibit "D").
This PUD Amendment application presents a significant policy issue for Council, which is outlined in
the Planning & Zoning Commission Staff Report dated February 3, 2004 and attached hereto as
Exhibit "C". As part of the basis for recommending denial was the issue of the precedent being
established by this proposal. Historically, the Town has consistently denied any type of upzoning in
Wildridge since 1991 and required developers/applicant to forfeit development rights when creating
single-family projects from duplex subdivisions.
Another issue presented in the PUD application, which requires Council attention is that the
applicants contend that there is financial benefit to the Town in approving this project. Staff
addressed this contention in the staff report on the sketch plan subdivision prepared by Norm
Wood, Town Engineer (attached hereto as Exhibit "E"). There is no long-term financial benefit with
this application. In fact, the proposed subdivision provides an additional drain on the Town's
General Fund with projected annual Property Tax Revenues of $4,640.63 and annual increased
• Municipal Services cost of $9,385.20.
Memo to Town Council, February 5, 2004 Page 1 of 2
PUD Amendment for Lots 30 and 21, Block 2, Wildridge
'k #
At t he P lanning & Z oning p ublic h earing h eld o n F ebruary 3, 2 004 the applicant also submitted
additional information from Marcin Engineering (Exhibit " F"), a letter from M. Ayers of Otten,
Johnson, Robinson, Neff & Ragonetti dated February 3, 2004 (Exhibit "G"), and a letter from LSC
Transportation Consultants dated January 29, 2004 (Exhibit "H"). As this information was submitted
at the public hearing, this information is not considered part of this application.
Alternative motions:
• Approve Ordinance 04-02
• Table Ordinance 04-02 until the public hearing
• Deny Ordinance 04-02
Recommended Motion:
Recommend tabling of Ordinance 04-02 until the public hearing can be held, which is scheduled for
February 24, 2004.
Manager Comments:
r~
Attachments:
A - Ordinance 04-02
B- Planning & Zoning Resolution 04-08
C- P&Z Staff Report dated February 3, 2004
D- Spreadsheet outlining letters of support/opposition for this PUD Amendment
E- Sketch Plan Subdivision Report prepared by Norm Wood
F- Memo from Marcin Engineering
G- Letter from M. Ayers
H- LCS Transportation Consultants letter dated January 29, 2004
•
•
•
Memo to Town Council, February 5, 2004 Page 2 of 2
PUD Amendment for Lots 30 and 21, Block 2, Wildridge
1
TOWN OF AVON
0
ORDINANCE NO. 04-02
SERIES OF 2004
AN ORDINANCE APPROVING AN AMENDMENT TO THE
WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR
LOTS 21 & 30, BLOCK 2, WILDRIDGE SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, the Owners, Formations LLC and George Plavec, have applied for approval
of a Planned Unit Development ("PUD") Amendment to the Wildridge PUD for Lots 21, and 30,
Block 2, Wildridge Subdivision; and
• WHEREAS, the application proposes to amend the Wildridge PUD to rezone Lots 30
and 21, Block 2 from duplex zoning to ten (10) single-family lots (Lots 30A, 30B, 30C, 30D,
30E, 30F, 21A, 20B, 20C, 20D); 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 February 3, 2004, 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 Development Plan; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded its recommendation for denial on the PUD application to the Town Council of the
Town of Avon through Resolution 04-08; and
WHEREAS, after notices provided by law, this Council held a public hearing on the
day of , 2004, at which time the public was given an opportunity to
• express their opinions regarding the proposed PUD Development Plan; and
F:\Council\0rdinances\2004\0rd 04-02 L20 30 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 PUD Plan is consistent with the goals and objectives of the Town's.
Comprehensive Plan, and is compatible with surrounding neighborhood and the
public interest.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
The Lot 21 & Lot 30 PUD Amendment to the Wildridge PUD to rezone Lots 21 and 30
from duplex zoning to ten (10) single-family lots (Lots 21A, 20B, 20C, 20D, 30A, 30B, 30C,
30D, 30E, 30F) is hereby approved, subject to concurrent approval of corresponding subdivision.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this day of , 2004, 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, .
2004, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
Mayor
ATTEST:
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED the day of , 2004.
Town of Avon, Colorado
Town Council •
FACounci]\Ordinances\2004\Ord 04-02 L20 30 B2 WR PUD Amendment.doc .
f
• ATTEST:
Town Clerk
•
.7
Mayor
APPROVED AS TO FORM:
Town Attorney
FACouncil\0rdinances\2004\0rd 04-02 L20 30 B2 WR PUD Amendment.doc