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TC Ord. No. 2009-14 Approving the planned unit development PUD Application for the Gandorf PUD, Tract B Block 1 Wildridge subdivison TOA Eagle county setting forth details in regard theretoTOWN OF AVON, COLORADO ORDINANCE NO. 09-14 SERIES of 2009 AN ORDINANCE APPROVING THE PLANNED UNIT DEVELOPMENT (PUD) APPLICATION FOR THE GANDORF PUD, TRACT B, BLOCK 1, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Dominic Mauriello of Mauriello Planning Group, representing the owner of Tract B, Block 1, Wildridge Subdivision, has applied for a Planned Unit Development ( "PUD ") Amendment, pursuant to Section 17.20.110 of the Avon Municipal Code; WHEREAS, pursuant to the notice required by law, the Planning & Zoning Commission of the Town of Avon held public hearings on August 4th and September 1St, 2009, at which time the applicant, the Planning and Zoning Commission, and the public were given an opportunity to express their opinions and present certain information regarding the proposed PUD Amendment application; WHEREAS, the Planning & Zoning Commission forwarded a recommendation of conditional approval of the PUD Amendment Application to the Town Council through Resolution 09 -13; WHEREAS, the Town Council has considered and found this application is substantial compliance with the criteria in Title 17.20.110(h) of the Avon Municipal Code„ or has determined that not all design criteria may be applicable. WHEREAS, Ordinance 09 -14 approves and incorporates by reference the PUD Development Plan attached hereto as Exhibit A: Gandorf PUD Development Plan; and; WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law and the AMC by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following: Section 1. Planned Unit Development Amendment. The Gandorf PUD Amendment application for Tract B, Block 1, Wildridge Subdivision is hereby approved subject to the following conditions: 1. Tract B shall be limited to four dwelling units in the format of two duplex structures developed in a townhouse configuration; 2. Two of the dwelling units shall be limited to a maximum residential floor area of 1,500 sq. ft. and the other two dwelling units shall be limited to a maximum residential floor area of 1,900 sq. ft. Garage area is excluded from this calculation; 3. Building height on the easternmost duplex shall be limited to 33' and 27' on the westernmost duplex; 4. Site coverage shall be limited to 25% of the total site area; 5. Landscape area shall have a minimum area of 40% of the total site area; 6. A six foot wide pedestrian access easement as depicted on the plan and a paved path shall be provided from the edge of pavement on Old Trail Road to the park parcel to the south; 7. An easement as depicted on the plan shall be provided for future community mailboxes; and, 8. The applicant agrees to offer one dwelling unit on the site for sale to full -time residents of the Town of Avon . This one unit will be offered for sale with a deed restriction ( "Deed Restriction ") restricting its occupancy and resale to full -time residents of the Town of Avon in the form attached to this ordinance as Exhibit B: Form of Deed Restriction. The Owner of the Tract B, Block 1, Wildridge Subdivision, Avon, Colorado, shall execute and record the Deed Restriction as a condition of approval of the Gandorf PUD. The imposition of the Deed Restriction shall be required as a condition of issuance of a certificate of occupancy or temporary certificate of occupancy for the earlier of the third dwelling unit or second duplex structure. Section 2. Vested Property Rights. The approval of the Gandorf PUD Amendment application shall not create any vested property rights because the Gandorf PUD does not include a development agreement and therefore does not meet the definition of a site specific development plan as set forth in AMC Section 17.14.020. Section 3. Correction of Errors. Town Staff is authorized to correct any typographical, grammatical, cross - reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. P) [signature page follows] INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED: the 13th day of October, 2009, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 10th day of November, 2009, at 5:30 P.M. in the Council Chambers, Avon l Building, On e reet, Avon, orado. UEA OF onald C. Wolfe, Mayor ATTEST: c Pa (tle nny, T erk INTRODUCED, FINALLY A, PROVED, AND PA, ON SECOND READING, AND ORDERED POSTt�& 'the dq - day of 2009. onald C. Wolfe, Mayor + ATTEST: ww c 19C att c enny, To Jerk APPROVED AS TO FORM: o Eric Heil, Town Attorney Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Matt Gennett, AICP, Planning Manager�f� Roam AV 0 1 N C O L O R A D O Date: November 10, 2009 Meeting Re: Second Reading of Ordinance No. 09 -14, Series of 2009 Project Summary: The applicant, Gandorf Tract B LLC, represented by the Mauriello Planning Group (MPG), is proposing an amendment to the zoning designation of Tract B, Wildridge Subdivision and PUD. Tract B is located at the corner of Old Trail Road and Saddleridge Loop and is comprised of 16,522 sq ft, or .38 of an acre. The existing zoning of Tract B is "Light Commercial" according to the Wildridge PUD, which is described as follows (verbatim): Light Commercial — Retail sales and commercial service uses limited to food, groceries, household and automotive items limited to the sale of gasoline, oil, and related products, but not automotive repairs, provided for the convenience of Wildridge residents, their guests and visitors; caretaker apartment units and municipal services are included in Light Commercial. In addition to the "Light Commercial" land -use description, 'A apartment units" are assigned to the property, ancillary to the primary commercial use. This designation is unique to Tract B and, unlike any other property in Wildridge; no actual "dwelling units" are assigned to the subject property, according to the land use summary table. Attachment D to this memorandum includes a letter from the applicant dated November 3, 2009 in which two options are proposed by the applicant in response to Council's direction given at first reading of Ordinance No. 09 -14, Series of 2009. Staff has determined the two options do not adhere to the intention of the public purpose criterion ( #12), or the desires expressed by Council and the Commission regarding the provision of deed - restricted, attainable housing units. Planning and Zoning Commission Recommendation: In accordance with Section 17.20.110 of the Avon Municipal Code, the Planning and Zoning Commission held public hearings at their August 4th and September 1 st, 2009 meetings. The majority of the Commission acknowledged that the Commercial land -use designation for the property was no longer viable, and debate revolved around the perceived benefit of relatively small, free - market units. At the first hearing, the Commission made clear that some form of deed restriction on the properties would be essential in order for the Commission to forward the application on to Council with a favorable recommendation. At the second Commission hearing, the applicant's representative presented the Commission with recommended conditions of approval that he felt adequately addressed the concerns raised at the Commission's first review of the proposed PUD amendment. The Commission accepted the applicant's proposed conditions 1 -7, as written by the applicant; and proposed conditions 8 and 9 were to be modified to require an MILS listing for at least 90 days from the final design approval. The motion was amended to add the following findings: the success of a commercial venture is questionable at best; the construction of a gas station would be detrimental to residents; a commercial establishment will create traffic problems for people living within 500 yards of the location; and that there was substantial compliance with the applicable 12 PUD design criteria. Please refer to the attached Planning and Zoning Commission Resolution 09 -13 for the Commission's final recommendation. Background: Benchmark Properties created the Wildridge Subdivision in 1979, shortly after the incorporation of the Town of Avon on February 28, 1978. According to the Wildridge Final Plat application for Wildridge and Wildwood Subdivisions, the overall development concept was for "abundant open space recreation areas around lots" with a density of "barely one dwelling unit per acre ". The original Wildridge "Specially Planned Area" (now considered a "PUD" by default) and the accompanying subdivision plat were established with a specific purpose and intent: to offer a diverse range of housing types and options to serve the diverse, year -round local population. As such, the housing types in the Wildridge PUD and Plat are diverse: single - family homes, duplexes, triplexes, four - plexes, etc - because the housing needs of the local, year -round population continue to be diverse. The population of Avon is comprised of diverse segments of the local population based on such attributes as income, household size, age, and lifestyle choices (i.e. - single, married, married with children, etc). Wildridge was designed on the premise that not everyone wants, or can afford, to live in low density neighborhoods and a diversity of unit types is required to serve the year -round population. The intrinsic value to the public of the diversity of housing types imbedded in the original plat and PUD plan become diminished when a planned type of multi - family is removed and replaced with duplexes or single - family housing. In 1981, the Wildridge Subdivision was completely replatted with a total of 849 planned development units and is the foundation of the current zoning in Wildridge. Over the years, there have been numerous PUD amendments and some transfers of development rights. Recently, there have been amendments whereby certain development rights were modified and corresponding subdivision plats created to amend the existing plat(s). The most recent amendment to the Wildridge PUD and Final Plat was for the Dry Creek PUD, previously located within Block 2 of the Wildridge Subdivision and now its own stand -alone subdivision, whereby a "fourplex" lot was converted to accommodate three (3) single - family detached structures. The approval of the Dry Creek PUD was predicated upon factors such as the approval of a subdivision variance for lineal lot frontage and the reduced number of dwelling units by one. Construction of the Dry Creek PUD is now complete, and demonstrates the resulting appearance and disturbance experienced with detached single - family structures, as opposed to what was expected under the existing zoning. It should be noted that Staff recommended DENIAL of the Dry Creek PUD, citing the following reasons: (1) The application failed to meet or advance land use and housing goals /policies (Policy A1.5, C1, C1.4 of the 1996 Comp Plan) relative to establishing or maintaining an appropriate mix of dwelling unit types for both lower and middle - income seasonal and year -round residents and their families; (2) The proposed development may be compatible in design, scale, and use with the types housing in the area, however a multi - family building would also be compatible with multifamily developments in the area, particularly the enclave of multi - family developments along Draw Spur; (3) Although the applicant proposed to reduce the allowable lot coverage by 10 %, the extent of total site disturbance for 3 single - family residences may exceed the extent of site disturbance from a fourplex development; Another recent PUD Amendment approval was for the Western Sage PUD in Block 4. That development converted three (3) triplex lots and one (1) duplex lot (total of 11 development rights) into eight (8) single - family lots. Both of these PUD amendments were approved prior to the public benefit provisions being incorporated into the Town of Avon Zoning Code. Public Notice: This application is a noticed public hearing with written notice provided to property owners within 300' of the subject property. To date staff has received no written public comments regarding the application. There were a few members of the public who made verbal comments at the hearings to demonstrate their support for eliminating the commercial designation. In addition to the legally required written notice to all property owners within 300' of the subject property, the applicant sent notices to all registered property owners of the Wildridge Subdivision in advance of the Planning Commission hearings to inform the neighborhood of their intentions with the property. Review Criteria: The PUD process gives the Town of Avon control over the review process and allows the applicant and the Town to work together to establish site - specific design and development controls for the property. The following are the criteria to be used by Staff, Commission, and Council when reviewing and making a formal decision regarding a PUD application (17.20.110(h)): 1. Conformance with the Town of Avon Comprehensive Plan Goals and Objectives. 2. Conformity and compliance with the overall design theme of the Town, the sub- area design recommendations and design guidelines of 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. 4. Uses, activity, and density which provide a compatible, efficient, and workable relationship with surrounding uses and activity. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. 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. 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. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 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. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. 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. 12. That the PUD or amendment to PUD requested provides evidence of substantial compliance with the following public purpose provisions, as outlined in Section 17.28.085 of the Avon Municipal Code (as follows): Zoning applications The Town shall consider the following public benefit criteria when evaluating zoning applications: (1) The application demonstrates a public purpose which the current zoning entitlements cannot achieve. (2) Approval of the zoning application provides long -term economic, cultural or social community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights. (3) The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and cultural resources and increasing the amount of public benefit consistent with the community master plan documents. Council Options: 1) Approve Ordinance 09 -14 on First Reading 2) Deny Ordinance 09 -14 3) Table Ordinance 09 -14 Recommended Motion: "I move to approve Ordinance 09 -14, as written and attached hereto, on second reading, an Ordinance approving the PUD Amendment for the Gandorf PUD, Tract B, Block 1, Wildridge Subdivision; and, with the finding that the proposed ordinance adheres to the PUD Design Criteria and will provide a public purpose with the provision of a deed - restricted dwelling unit." Town Manager Comments: Attachments: A. Ordinance No. 09 -14 B. Planning and Zoning Commission Resolution 09 -13 C. Staff Report to the Planning and Zoning Commission, dated July 31, 2009 D. Gandorf PUD Submittal Attachment A TOWN OF AVON, COLORADO ORDINANCE 09 -14 SERIES of 2009 AN ORDINANCE APPOVING THE PLANNED UNIT DEVELOPMENT (PUD) APPLICATION FOR THE GANDORF PUD, TRACT B, BLOCK 1, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Dominic Mauriello of Mauriello Planning Group, representing the owner of Tract B, Block 1, Wildridge Subdivision, has applied for a Planned Unit Development ( "PUD ") Amendment, pursuant to Section 17.20.110 of the Avon Municipal Code; WHEREAS, pursuant to the notice required by law, the Planning & Zoning Commission of the Town of Avon held public hearings on August 4th and September 1St, 2009, at which time the applicant, the Planning and Zoning Commission, and the public were given an opportunity to express their opinions and present certain information regarding the proposed PUD Amendment application; WHEREAS, the Planning & Zoning Commission forwarded a recommendation of conditional approval of the PUD Amendment Application to the Town Council through Resolution 09 -13; WHEREAS, pursuant to Title 17.20.110(h) of the Avon Municipal Code, the Town Council has considered and found this application is substantial compliance with the following review criteria, or have determined that not all design criteria may be applicable: 1. Conformance with the Town of Avon Comprehensive Plan Goals and Objectives. 2. Conformity and compliance with the overall design theme of the Town, the sub -area design recommendations and design guidelines of 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. 4. Uses, activity, and density which provide a compatible, efficient, and workable relationship with surrounding uses and activity. S. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. 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. 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. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 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. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. 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. 12. That the PUD or amendment to PUD requested provides evidence of substantial compliance with the following public purpose provisions, as outlined in Section 17.28.085 of the Avon Municipal Code; WHEREAS, Ordinance 09 -14 approves and incorporates by reference the PUD Development Plan attached hereto as Exhibit A: Gandorf PUD Development Plan; and; WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law and the AMC by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following: Section 1. Planned Unit Development Amendment. The Gandorf PUD Amendment application for Tract B, Block 1, Wildridge Subdivision is hereby approved subject to the following conditions: 1. Tract B shall be limited to four dwelling units in the format of two duplex structures developed in a townhouse configuration; 2. Two of the dwelling units shall be limited to a maximum residential floor area of 1,500 sq. ft. and the other two dwelling units shall be limited to a maximum residential floor area of 1,900 sq. ft. Garage area is excluded from this calculation; 3. Building height on the easternmost duplex shall be limited to 33' and 27' on the westernmost duplex; 4. Site coverage shall be limited to 25% of the total site area; 2 5. Landscape area shall have a minimum area of 40% of the total site area; 6. A six foot wide pedestrian access easement as depicted on the plan and a paved path shall be provided from the edge of pavement on Old Trail Road to the park parcel to the south; 7. An easement as depicted on the plan shall be provided for future community mailboxes; and, 8. The applicant agrees to offer one dwelling unit on the site for sale to Eagle County Residents or Employees (those working a minimum of 30 hours per week in Eagle County). This one unit will be offered for sale with a deed restriction restricting its occupancy and resale to local residents and employees working a minimum of 30 hours per week in Eagle County. There shall be no income restrictions or appreciation caps placed on this deed restricted unit. Section 2. Vested Property Rights. The approval of the Gandorf PUD Amendment application shall not create any vested property rights because the Gandorf PUD does not include a development agreement and therefore does not meet the definition of a site specific development plan as set forth in AMC Section 17.14.020. Section 3. Correction of Errors. Town Staff is authorized to correct any typographical, grammatical, cross - reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. [signature page follows] 3 INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED: the 13th day of October, 2009, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 10th day of November, 2009, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED POSTED: the day of , 2009. ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: Eric Heil, Town Attorney M Ronald C. Wolfe, Mayor TOWN OF AVON PLANNING & ZONING COMMISSION Attachment B plu ", - W. ii � AVON C O L O R RESOLUTION No. 09 -13 A D O A RESOLUTION RECOMMENDING APPROVAL TO THE AVON TOWN COUNCIL OF A PLANNED UNIT DEVELOPMENT (PUD) APPLICATION FOR THE GANDORF PUD, TRACT B, BLOCK 1, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the applicant, Dominic Mauriello of Mauriello Planning Group, and the owner, Gandorf Tract B LLC, have applied for a Planned Unit Development (PUD) Amendment, pursuant to Section 17.20.110 of the Avon Municipal Code (AMC); as presented in the original application dated June, 2009; WHEREAS, pursuant to the pertinent noticing procedures required by law, the Planning and Zoning Commission of the Town of Avon held public hearings on August 4th, 2009 and September 1St, 2009 - at which time the applicant was given an opportunity to present a proposal for a PUD Amendment and hear feedback from both the Commission and members of the public, in addition to the written comments from Staff regarding this PUD request; WHEREAS, The Planning and Zoning Commission was provided with Staff Reports at each of the aforementioned hearings which included pertinent support materials and which provided a thorough analysis of the technical zoning information as it relates to the applicable twelve PUD Design Criteria found in Section 17.20.110(h), AMC; WHEREAS, The Planning and Zoning Commission has considered the following criteria when evaluating this application: 1. Conformance with the 2006 Town of Avon Comprehensive Plan Goals and Objectives. 2. Conformity and compliance with the overall design theme of the Town, the sub -area design recommendations and design guidelines of 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. 4. Uses, activity, and density which provide a compatible, efficient, and workable relationship with surrounding uses and activity. 5. Identification and mitigation or avoidance of natural and /or geologic hazards that affect the property upon which the PUD is proposed. 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. 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. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 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. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. 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. 12. That the PUD or amendment to PUD requested provides evidence of substantial compliance with the following public purpose provisions, as outlined in Section 17.28.085 of the Avon Municipal Code (as follows): Zoning applications The Town shall consider the following public benefit criteria when evaluating zoning applications: (1) The application demonstrates a public purpose which the current zoning entitlements cannot achieve. (2) Approval of the zoning application provides long -term economic, cultural or social community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights. (3) The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and cultural resources and increasing the amount of public benefit consistent with the community master plan documents, and; WHEREAS, after holding a public hearing on the September 1St, 2009 meeting, the Planning & Zoning Commission made the following FINDINGS with respect to the subject application: 1. The potential success of a commercial venture would be questionable at best; 2. The construction of a gas station would be detrimental to residents of immediate neighborhood and Wildridge as a whole; 3. A commercial establishment will create traffic problems for residences within 500 yards of the subject location; and 4. Substantial compliance with all of the applicable 12 PUD criteria has been met. NOW, THEREFORE, BE IT RESOLVED, the Planning and Zoning Commission of the Town of Avon, Colorado, hereby makes a recommendation of CONDITIONAL APPROVAL to the Avon Town Council of the Buck Creek PUD application, Town of Avon, Eagle County Colorado; subject to the following conditions: 1. Tract B shall be limited to four dwelling units in the format of two duplex structures developed in a townhouse configuration; 2. Two of the dwelling units shall be limited to a maximum residential floor area of 1,500 sq. ft. and the other two dwelling units shall be limited to a maximum residential floor area of 1,900 sq. ft. Garage area is excluded from this calculation; 3. Building height on the easternmost duplex shall be limited to 33' and 27' on the westernmost duplex; 4. Site coverage shall be limited to 25% of the total site area; 5. Landscape area shall have a minimum area of 40% of the total site area; 6. A six foot wide pedestrian access easement as depicted on the plan and a paved path shall be provided from the edge of pavement on Old Trail Road to the park parcel to the south; 7. An easement as depicted on the plan shall be provided for future community mailboxes; 8. The applicant agrees to offer one dwelling unit on the site for sale to Eagle County Residents or Employees (those working a minimum of 30 hours per week in Eagle County) for a 90 -day period after final design approval. This one unit will be offered for sale with a deed restriction restricting its occupancy and resale to local residents and employees working a minimum of 30 hours per week in Eagle County. There shall be no income restrictions or appreciation caps placed on this deed restricted unit. The dwelling unit shall be offered for sale at a minimum /maximum price per sq. ft. of $300. Should no qualified buyers go under contract for purchase within this 90 -day period, there shall be no requirement for a deed restriction on this dwelling unit. The applicant will advertise this offering on the MLS; 9. The applicant agrees to offer three dwelling units on the site for sale to Eagle County Residents or Employees (those working a minimum of 30 hours per week in Eagle County) for a 90 -day period after final design approval. This is a priority offering to Eagle County residents for the purchase of a free market dwelling unit. No deed restriction is required for these dwelling units. Following this 90 -day period the dwelling units are free to be listed with a broker and available to any buyer. The applicant will advertise this offering on the MLS; ADOPTED AND REAFFIRMED THIS 15th DAY OF SEPTEMBER, 2009 Signed: Date: Chair Attest: Date: Secretary Attachment C Staff Report 7J / PUD Amendment AVON August 4, 2009 Planning & Zoning Commission Meeting C 0 L o R A D 0 Report Date: July 31, 2009 Project Type: Planned Unit Development (PUD) Amendment Legal Description: Tract B, Block 1, Wildridge Subdivision Current Zoning: "Light Commercial" (see below) Introduction and Summary The applicant, Gandorf Tract B LLC, represented by the Mauriello Planning Group (MPG), is proposing an amendment to the zoning designation of Tract B, Wildridge Subdivision and PUD. Tract B is located at the corner of Old Trail Road and Saddleridge Loop (Attachment A) and is comprised of 16,522 sq ft or .38 of an acre. As stated in the heading of this report, the existing zoning of Tract B is "Light Commercial" which is described as follows (verbatim): Light Commercial — Retail sales and commercial service uses limited to food, groceries, household and automotive items limited to the sale of gasoline, oil, and related products, but not automotive repairs, provided for the convenience of Wildridge residents, their guests and visitors, caretaker apartment units and municipal services are included in Light Commercial. The applicant has made the statement that the proposed amendment would effectively amount to a "down- zoning" thereby resulting in an overall reduction of negative impacts to the immediate neighborhood and the larger community as well. Staff does not disagree with the applicant's statement that such a reduction is possible or that the commercial uses are not realistically viable, however, staff does question whether there is a one -to -one relationship between caretaker apartment units and actual dwelling units given the context of the existing zoning language. Upon reviewing the Definitions listed under Note 4 of the governing plat (Attachment B) wherein the excerpted zoning language cited above is contained, it is obvious an effort was made to clearly distinguish the difference between a "caretaker apartment unit" and "dwelling units" in the Wildridge PUD and on the Final Plat for the entire Wildridge Subdivision. In consideration of this distinction between unit types, the existing zoning, the size and dimensional limitation of the site, and the character of the development immediately surrounding Tract B, staff is recommending Approval with Conditions, the most pertinent of which is the maximum density will not exceed three (3) dwelling units, the size of each unit shall not exceed 1,500 sq ft, and the required configuration is one triplex structure. The criteria and findings for the staff recommendation with the complete list of suggested conditions of approval are contained in the Recommendation section of this report. Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 Tract B, Wildridge PUD and Subdivision - PUBLIC HEARING AWN August 4, 2009 Planning and Zoning Commission Meeting Page 2 of 8 II. Background Benchmark Properties created the Wildridge Subdivision in 1979, shortly after the incorporation of the Town of Avon on February 28, 1978. According to the Wildridge Final Plat application for Wildridge and Wildwood Subdivisions, the overall development concept was for "abundant open space recreation areas around lots" with a density of "barely one dwelling unit per acre ". The original Wildridge "Specially Planned Area" (now considered a "PUD" by default) and the accompanying subdivision plat were established with a specific purpose and intent: to offer a diverse range of housing types and options to serve the diverse, year -round local population. As such, the housing types in the Wildridge PUD and Plat are diverse: single - family homes, duplexes, triplexes, four- plexes, etc - because the housing needs of the local, year -round population continue to be diverse. The population of Avon is comprised of diverse segments of the local population based on such attributes as income, household size, age, and lifestyle choices (i.e. - single, married, married with children, etc). Wildridge was designed on the premise that not everyone wants, or can afford, to live in low density neighborhoods and a diversity of unit types is required to serve the year -round population. The intrinsic value to the public of the diversity of housing types imbedded in the original plat and PUD plan become diminished when a planned type of multi - family is removed and replaced with duplexes or single - family housing. In 1981, the Wildridge Subdivision was completely replatted with a total of 849 planned development units and is the foundation of the current zoning in Wildridge. Over the years, there have been numerous PUD amendments and some transfers of development rights. Recently, there have been amendments whereby certain development rights were modified and corresponding subdivision plats created to amend the existing plat(s). The most recent amendment to the Wildridge PUD and Final Plat was for the Dry Creek PUD, previously located within Block 2 of the Wildridge Subdivision and now its own stand -alone subdivision, whereby a "fourplex" lot was converted to accommodate three (3) single - family detached structures. The approval of the Dry Creek PUD was predicated upon factors such as the approval of a subdivision variance for lineal lot frontage and the reduced number of dwelling units by one. Construction of the Dry Creek PUD is now complete, and demonstrates the resulting appearance and disturbance experienced with detached single - family structures, as opposed to what was expected under the existing zoning. It should be noted that Staff recommended DENIAL of the Dry Creek PUD, citing the following reasons: (1) The application failed to meet or advance land use and housing goals /policies (Policy A1.5, C1, C1.4 of the 1996 Comp Plan) relative to establishing or maintaining an appropriate mix of dwelling unit types for both lower and middle - income seasonal and year -round residents and their families; (2) The proposed development may be compatible in design, scale, and use with the types housing in the area, however a multi - family building would also be Town of Avon Community Development Phone (970) 748 -4030 Fax (970) 949 -5749 Tract B, Wildridge PUD and Subdivision - PUBLIC HEARING R'W August 4, 2009 Planning and Zoning Commission Meeting Page 3 of 8 compatible with multifamily developments in the area, particularly the enclave of multi - family developments along Draw Spur; (3) Although the applicant proposed to reduce the allowable lot coverage by 10 %, the extent of total site disturbance for 3 single - family residences may exceed the extent of site disturbance from a fourplex development; Another recent PUD Amendment approval was for the Western Sage PUD in Block 4. That development converted three (3) triplex lots and one (1) duplex lot (total of 11 development rights) into eight (8) single - family lots. Both of these PUD amendments were approved prior to the public benefit provisions being incorporated into the Town of Avon Zoning Code. III. Process Section 17.20.110(k) sets forth the following process for amending an existing PUD, which defers to the required procedures for the establishment of a new PUD: (k) Amendment procedures. (1) Amendments. Requests for amendments to an approved Planned Unit Development District shall be reviewed in accordance with the procedures described above. Amendments that propose substantial changes to land use in connection to existing development agreements and development plans as outlined in Chapter 17.14 of this Code may require additional information and /or development agreements and amendment to development plans. (2) Owners of all property requesting representatives, shall sign the application. made to owners of all property adjac amendment, owners of all property adjaco the PUD that may be affected by the Community Development Department). the amendment, or their agents or authorized Notification of the proposed amendment shall be )nt to the property requesting the proposed ,nt to the PUD and owners of all property within proposed amendment (as determined by the Additionally, in accordance with Section 17.20.110(m), the proposed PUD amendment does not necessitate the administration of a Preliminary Plan for Subdivision: (m) Preliminary Subdivision Application with PUD. Where subdivision approval will be required to implement development in a proposed PUD, a Preliminary Subdivision Plan application must be filed concurrently and in conjunction with the PUD application. The provisions and procedures for public notice, hearing and review for a PUD as prescribed in this Title shall apply to the Preliminary Subdivision Plan application. No development may be implemented in a PUD prior to approval and recording of a corresponding Final Subdivision Plat. (Ord. 05 -03 §2; Ord. 04 -12 § §3 -8; Ord. 04 -03 §3; Ord. 91 -10 §1(part) Subdivision approval is not required to implement development in the proposed PUD amendment and the existing configuration of Tract B is to remain as platted on the current, governing final plat of the Wildridge Subdivision. Town of Avon Community Development Phone (970) 748 -4030 Fax (970) 949 -5749 Tract B, Wildridge PUD and Subdivision - PUBLIC HEARING AAA August 4, 2009 Planning and Zoning Commission Meeting Page 4 of 8 IV. Public Notice Requirement This application is a noticed public hearing with written notice provided to all property owners within 300' of the subject property. Public comments received to -date are attached hereto as Attachment D. V. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110, the following criteria shall be used as the principal criteria in evaluating this application. According to Code, "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. " Please refer to Attachment C for the applicant's responses to these principal review criteria. 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. District 24 Wildrid_ge Residential District (Comp Plan Page 98 -99) The subject properties are located in the "Wildridge Residential District." The Comprehensive Plan acknowledges the limited number of existing trees and the open character of the Subdivision. The Comprehensive Plan states that "special care should be taken to ensure that all structures are compatible with one another and in harmony with the natural surroundings." One of the planning principles for this district is to "site buildings of varying sizes along the street to maximize sun exposure, protect views, be compatible with existing surrounding development, and break up building bulk." While the residential land use is certainly appropriate, the proposed density and configuration would not result in a visually compatible arrangement of structure types. Future Land Use Plan (Comp Plan Page 27) The Future Land Use Plan envisions continued "Residential Low Density" development. Residential Low Density (RLD) development is intended to provide sites for single - family, duplex, and multi - family dwellings at a density no greater than 7.5 dwelling units per acre. The applicant's proposal would amount to 10.5 dwelling units per acre and is not in conformance with the maximum density of the RLD designation. Goals and Policies (Comp Plan Pages 37 - 63) The Comprehensive Plan contains several regional policy goals related to land use and development patterns that should be reviewed with respect to all proposed PUD plans in Town. The goals and policies most applicable to this proposal speak to clustering development and other creative design solutions in order to achieve lower densities, and to which this proposal does not demonstrate conformance. Town of Avon Community Development Phone (970) 748 -4030 Fax (970) 949 -5749 Tract B, Wildridge PUD and Subdivision - PUBLIC HEARING°qW August 4, 2009 Planning and Zoning Commission Meeting Page 5 of 8 2. Conformity and compliance with the overall design theme of the town, the sub- area design recommendations and Design Guidelines of the Town. Where the PUD is silent to architectural standards the Town's Residential, Commercial, and Industrial Design Review Guidelines would apply. The Town's Guidelines put emphasis on the overall design theme for the Town. According to the Guidelines, the theme for the Town shall be to establish an attractive appearance for visitors and residents, and yet be flexible enough to allow design innovation. The site design and corresponding development standards appear to be in general conformance with this criterion, however, there would be a significant amount of disturbance required to construct the proposed duplexes and the density exceeds what is designated for the site using the Future Land Use Map (FLUM) designation contained in the Comprehensive Plan. Staff's recommendation is based primarily on keeping the density closer to the 7.5 DUs per acre prescribed by the Residential Low Density (RLD) designation and restricting the size to something affordable to year -round local residents. 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 proposed density and configuration of development would not be compatible with the immediate environment, neighborhood, and adjacent properties relative to bulk, mass, buffer zones, character and orientation. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The proposed use may provide an efficient, workable relationship with surrounding uses and activities, but the higher density is not compatible. 5. Identification and mitigation or avoidance of natural and /or geologic hazards that affect the property upon which the PUD is proposed. There have no been no geologic hazards identified on the subject property. 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. There appears to be a high degree of alteration to the existing site required to enable this development to function. The site layout and driveway do not appear sensitive to the natural features of the site, particularly with respect to the excessive paved area. 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. There is a functional 24' wide driveway for the four (4) proposed residential units. The turnaround could also be used for trash removal vehicles. It appears that visibility is good in each direction entering and leaving the proposed curb cut location. Town of Avon Community Development Phone (970) 748 -4030 Fax (970) 949 -5749 Tract B, Wildridge PUD and Subdivision - PUBLIC HEARING AVON August 4, 2009 Planning and Zoning Commission Meeting Page 6 of 8 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. As stated previously, the asphalt driveway /parking area is an excessive amount of paved area in comparison to the size of Tract B and does not appear to optimize or preserve natural features, recreation, views, and site functionality. 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 has proposed one phase of development. 10.Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. Letters expressing the ability to serve have been included in the applicant's binder and include those from: Eagle River Water & Sanitation District, Xcel Energy, Holy Cross Energy, and Comcast. Adequate services can be provided for this proposed development. 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. Old Trail Road is suitable to carry the anticipated traffic, and the site distance visibility entering and exiting the driveway appears safe. 12. That the PUD or amendment to PUD requested provides evidence of substantial compliance with the following public purpose provisions, as outlined in Section 17.28.085 of the Avon Municipal Code: A. The application demonstrates a public purpose, which the current zoning entitlements cannot achieve. Staff Comment: The applicant has asserted that the change in use alone constitutes a public benefit or purpose and staff is not in agreement with this statement. While the smaller unit sizes may indeed render each half of the proposed duplexes more affordable than most other duplexes in Wildridge and the Town as a whole, this does not create a public benefit considering there are no entitlements for stand -alone dwelling units under the existing zoning. Caretaker, accessory apartments are for -rent units that are secondary to the primary use and cannot be built independently of the allowed commercial use, and this is what necessitates the need for a zone change. B. Approval of the zoning application provides long term economic, cultural or social community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights. Staff Comment: The existing zoning rights would seem to provide a more sustainable, long -term economic and social benefit to the community than a strictly residential development. While there is no question that someone would have to be creative to make the commercial use viable, the lasting benefit to the neighborhood and the entire Town of Avon Community Development Phone (970) 748 -4030 Fax (970) 949 -5749 Tract B, Wildridge PUD and Subdivision - PUBLIC HEARING MR August 4, 2009 Planning and Zoning Commission Meeting Page 7 of 8 community can be measured by the positive environmental impacts of less daily vehicle trips between Wildridge and Avon's town core. There is also a tangible cultural /social benefit to having a well situated commercial entity to serve as a community center and common gathering place. C. The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and cultural resources, and increasing the amount of public benefit consistent with the community master plan documents. Staff Comment: There is not adequate evidence of the proposed amendment resulting in an increased amount of public benefit consistent with the community master plan documents. As stated previously in this report, the existing zoning and the planning behind it have been designed to achieve a certain public benefit which would be removed should the proposed PUD amendment be approved as submitted. VI. Staff Recommendation Staff is recommending a CONDITIONAL APPROVAL of the proposed PUD amendment for Tract B, Block 1, Wildridge, subject to the following conditions of approval: 1. The maximum density in terms of the number of Dwelling Units (DU) allowed on Tract B is three (3) and they must be contained within one triplex structure; 2. The maximum Gross (habitable) Floor Area of each unit cannot exceed 1,500 sq ft and each unit must be sold with a deed restriction which allows only prequalified Eagle County residents to purchase and reside in these units; 3. Revised plans reflecting the new configuration and density must be submitted to staff for a Sketch Design to be reviewed by the Planning and Zoning Commission prior to an application being submitted for Final Design; 4. Except as otherwise modified by this approval, all material representations made by the applicant or applicant representatives in this application and in public hearings shall be adhered to and considered binding conditions of approval; and, With the following findings of fact: 1. That the Conditional Approval recommended by staff provides a more compact, lower density development option which is in greater conformance with the twelve (12) Design Criteria for a PUD Amendment and is more compatible with the surrounding neighborhood; and, 2. That the recommended Conditional Approval will provide a real, tangible public benefit that is more consistent with the original zoning designation for the site and which better conforms to the Housing Goals and Policies contained in the Town of Avon Comprehensive Plan. Town of Avon Community Development Phone (970) 748 -4030 Fax (970) 949 -5749 Tract B, Wildridge PUD and Subdivision - PUBLIC HEARING F August 4, 2009 Planning and Zoning Commission Meeting Page 8 of 8 hOiN If you have any questions regarding this project or any planning matter, please call me at 748 -4002, or stop by the Community Development Department at the Avon Town Hall. Respectfully submitted, Matt Gennett, AICP Planning Manager Attachments A. Vicinity Map B. Sheet 1, Final Plat of Wildridge (Amendment 2) C. Applicant's materials D. Public comments Town of Avon Community Development Phone (970) 748 -4030 Fax (970) 949 -5749 Attachment D ►`� I lr' Mauriello Planning Group November 3, 2009 Town Council c/o Matt Gennett, AICP Planning Manager Town of Avon PO Box 975 Avon, Colorado 81620 Re: Tract B, Wildridge PUD Amendment Dear Council Members: As you are aware the Planning and Zoning Commission issued a recommendation of approval with conditions to down zone Tract B from a parcel entitled to four residential dwellings and an intensive commercial use to simply four residential units. The four residential units are in two duplex structures and are limited in floor area to 1,500 sq. ft. and 1,900 sq. ft. We believe our original proposal and the P &Z recommendation provide a reasonable level of community benefit based on this down zoning and with the size restrictions being placed on the property especially in this down market. We shared our basic pro forma at the previous hearing and there is really no ability to develop this project with extra exactions tacked on. We hope you can agree and accept the P &Z recommendation. We also recognize the discussion that occurred at your October 13, 2009 hearing in review of Ordinance 09 -14 on first reading. The direction resulting from that hearing was that the applicant should work with the Town staff on revisions to the ordinance reflective of the discussion that occurred that evening. While there was much discussion that evening, the two prevailing ideas were to develop the concept that the Town purchases one or more units. We respect this direction and offered to concepts to achieve the Council's goals. On October 22, 2009, the applicant submitted two proposals, which we believe are consistent with the discussion and direction given by the Town Council. These two options were intended to be a proposal to begin a dialogue with staff and we anticipated there being refinement to these concepts. The message we received back was essentially that staff was not supportive of the two options presented by the applicant and that staff will be recommending that Town Council instead impose a deed restriction on one of the units. We are not in agreement with staff on its proposal and believe the deed restriction is overly burdensome and could make the project unfeasible. Below are the two options that we presented to staff and continue to offer. 2 Option #1: • Make available the western most dwelling unit (3 bedroom, 3 bath, 1 car garage) to the town for purchase. o This unit would be priced at the owners costs including 25% of the land cost and 25% of the soft costs • Payments could be progressive with the pace of construction • Town takes ownership of the fifth water tap (SFE) associated with the property • Town's waives all building permit fees for the project • Town's waives the 2% transfer fee for all four dwelling units The concept of Option #1 is that the Town would take ownership of the unit, place a deed restriction on the unit, and then resell the unit. Ultimately the cost to the Town would only be the difference between the cost of construction and the sales price, if any. The Town could choose to retain ownership of the unit. Option #2: • Make available the western most dwelling unit (3 bedroom, 3 bath, 1 car garage) to the town for purchase. o This unit would be priced at the owners costs including 25% of the land cost and 25% of the soft costs • Make available a second dwelling unit to the Town for purchase (entire westernmost duplex) o The second dwelling unit at owners cost (including land and soft costs) plus 15% profit • Payments could be progressive with the pace of construction • Town takes ownership of the fifth water tap (SFE) associated with the property • Town's waives all building permit fees for the project • Town's waives the 2% transfer fee for all four dwelling units While we are not interested in accepting a deed restriction as proposed by staff, we could not help commenting on the proposed deed restriction. We believe the extent of intrusion in the lives of a future owner and the bureaucracy created by the deed restriction is over reaching. The proposed restriction requires the Town to pre - qualify any occupants including roommates that the owner may have to ensure they are local employees. Read literally, one would have to get Town approval of a girlfriend or boyfriend to make sure they qualify. I think the Town should follow the example of deed restrictions used by the Town of Vail that allows enforcement when necessary by the Town but keeps the Town out of the business of pre - qualifying occupants, roommates, and girlfriend /boyfriends. We believe the concept of imposing a deed restriction on this project is heavy handed with 25% of the units would being deed restricted, a standard unlikely with any other project in Avon. A deed restriction would be somewhat out of character for the PUD being the first such restriction within this PUD. At your November 10, 2009 hearing on the project, we hope to have a dialogue with the Town Council and staff to develop a mutually agreeable proposal. Sincerely, Dominic F. 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'�'� � ! �''s " .r'•` •� `�� . iir r" ; Gandorf Tract B Wildridge PUD Amendment Applicant: Phil Matsen & Buz Reynolds PO Box 7796 Avon, CO 81620 970.376.2766 pbmatsen @comcast.net Representative: Dominic Mauriello 5601 AWildridge Road Avon, CO 81620 Ph. 970.376.3318 dominic @mpgvail.com June 2009 Architect: Michael Pukas MPP Design Shop Edwards, CO 81632 970.390.4931 michael@mppdesingshop.com Introduction The Gandorf Property is located at 2101 Saddle Ridge Loop /Tract B,Wildridge Subdivision. The parcel number is 1943- 354 -03 -005. The property is identified on the Wildridge Subdivision Plat as Tract B, with an allowable land use of "Light Commercial (4 apartments) ". The applicant is proposing to amend the PUD to allow for this property to be identified as residential, and allow for 4 dwelling units in the form of 2 duplexes. The amendment does not require an increase in overall density of Wildridge, but eliminates the allowable commercial uses on the site. The amendment results in a less intensive use for the site, while maintaining the same amount of dwelling units allowed by the PUD. The Gandorf Property is a previously platted, existing lot within the Wildridge PUD. The property is identified by the PUD as a more intensive use - "light commercial" - and therefore was previously reviewed for a much more intensive use than proposed with this amendment. "Light Commercial" allows for the following uses: 4' Retail sales and commercial services uses limited to: • food • groceries • household and automotive items (limited to the sale of gasoline, oil, and related products, but not automotive repairs) • caretaker apartment units • municipal services The proposal would allow for 4 dwelling units, in the form of two duplexes. Both multiple - family and duplex Gandorf Wildridge PUD Amendment 2 development are common in the vicinity. The units would be in the same ownership structure as a condominium project - the units would be individually owned, but the land would be under common ownership and under a common association. The units are relatively small, limited to approximately 1,498 sq. ft. (west units) and 1,888 sq. ft. (east units). The intention of the smaller unit sizes is to appeal to a local buyer, filling the "move -up" niche. Of the more than 500 units in Wildridge today, only 31 units are less than 1,500 sq. ft., and only 104 units are less than 1,888 sq. ft., indicating that this is a market that is lacking in the area. The project has been designed to maximize open space and views, while maintaining pedestrian access into the existing park. A 6 ft. pedestrian easement along the east side of the site has been provided for this purpose, along with an easement on the west side to allow for future mailboxes (should delivery of mail to Wildridge occur in the future.) The proposed amendment eliminates the commercial uses currently allowed on the site while maintaining the density allowed for the property. While the idea of a commercial use on this site is appealing to many Wildridge Residents, the practicality and viability of a commercial use in this low density residential neighborhood has to be considered. Generally, the uses allowed on the site currently might include a restaurant or coffee shop, a gas station, and a convenience store. All of these uses depend on a large population base and /or substantial drive -by traffic in order to be commercially viable. Wildridge is a low density development, isolated from the larger population base of Avon. Any commercial use located on Tract B will be entirely dependent on Wildridge residents for customers. It is not reasonable to believe that consumers from the greater Avon area would make the seven mile trip (14 miles round -trip) to frequent a neighborhood commercial use on this site. It would also not likely be desirable to the Wildridge community to have others adding traffic to the neighborhood. Gandorf Wildridge PUD Amendment 3 Background The Town of Avon was incorporated in 1978, and Benchmark Properties created the Wildridge and Wildwood Subdivisions shortly thereafter. Subsequently, the Wildridge Subdivision was completely replatted in 1981. While many amendments have occurred since then, this background is intended to provide the history of Tract B and its designation as "light commercial." The language from the plat defines "light commercial" as follows: LIrHT CnMMF.RCIAT.. - RETAIL SALES AND COMMERCIAL SERVICE USES LIMITED TO FOOD, CROCERTES, HniTSF.ROLD AND AUTOMOTIVE ITEMS LIMITED TO THE SALE OF GASOLINE, OIL, AND RELATED PRODUCTS, BPT NOT AITTOMOTTVF REPAIRS, PROVTDFD FOR TtIF C•ONVFNTF.NCE OF WTI.DRTDCF RESInFNTS, THFTR rXESTS, AND VISTTnRS; CARFTAKFR APARTMENT UNITS AND MI.TNTCIPAL ;E1z\,trFS ARF TWIT 177, LN I.IGttT COMMERCIAL. The application for the Wildridge and Wildwood PUD outlined an objective to "create a variety of living spaces with full municipal services in a setting of quiet, uncrowded beauty and open space recreational opportunities." The concept originally included two commercial sites, one in Wildridge and one in Wildwood, each a country store. The commercial uses in Wildridge were described as follows: Other uses planned are a country store located near the main entrance to the subdivision for convenience of area residents, two park sites (a ten acre and half acre) are provided in the higher density area, and approximately 280 acres of open space and walking trails are available for outdoor recreation, wildlife habitat, view, slope and drainage protection. The commercial uses in Wildwood were described as: Other uses planned are a rustic country store located in the northeastern area of highest density, four park sites... There are approximately 92 acres of openspace for walking trails, outdoor recreation, wildlife habitat and view, slope, and drainage protection. The focal point of Wildwood will be 12 acres of a very fine Country Club facility on a wooded ridge in the northeastern area of the property, adjacent to the Clubhouse will be an Olympic size swim pool and six to eight tennis courts. Both of these commercial facilities were described as ...For the convenience of area residents, two small, rustic "country stores" with groceries and necessities will be established. The Plan map shows the locations on main entry roads in both Sections and in conjunction with park sites. Tract P, the property designated as "light commercial" in Wildwood has since been incorporated into the Mountain Star PUD. The historical context of the original concept for the commercial lots within Wildridge and Wildwood are important to consider. City Market had not yet been constructed (1980). Beaver Creek had not yet opened (1980). Pizza Hut did not exist yet (1985), nor did either of the gas stations on Nottingham Road (1987 and 2002). Services within Avon were limited, and the idea of a small country store or local gas station was likely appropriate. In the thirty years following the original approval, the commercial uses within Avon grew exponentially, likely well- beyond anyone's original expectations. Now, all of the residents of Wildridge Gandorf Wildridge PUD Amendment 4 pass multiple commercial uses on their way to anywhere, as opposed to driving into Vail for basic service as was the case in 1978. In addition to the commercial growth that occurred with the town center, various amendments have occurred to the Wildridge and Wildwood PUDs from their original adoption. The total combined approved density for Wildridge and Wildwood was 1,558 units on 1,361.48 acres. The Mountain Star PUD completely replaced the Wildwood PUD, drastically changing the character of the original concept, and reducing approved density from 932 units down to only 89 units, nearly a 90% reduction in density. This dramatically reduced the customer base which potentially could have used commercial services in this location. Within Wildridge, various amendments have reduced the overall density of the project, while many duplex -zoned lots were instead constructed as single - family units. Wildridge was approved for 824 units, which was amended in 1981 to 849 units, on 688 acres. This number does not include the "4 apartments" listed for Tract B, but the 4 apartments are clearly included on the land use table. The following table provides an analysis of the changes in density that have occurred since the original conception of the Wildridge PUD. Original Submittal 1981 Plat 2009 Density Actual 824 Units 849 Units 560 Units There are currently a total of 560 dwelling units located in Wildridgel. As a result, the potential commercial customer base of Wildridge is extremely limited. Of these 560 dwelling units, 153 of the units are owned by out -of- Valley residents. Because short term rental of units is prohibited in Wildridge, this severely limits the occupancy of these second homes. This equates to only 406 units owned by Vail Valley residents. With an average of 2.79 persons per household2 (including children), there is a total local, year -round population of 1,132 persons within Wildridge (this number excludes residents of the Wildwood neighborhood, which includes an additional 65 units, of which 53 are locally owned, equating to a population of 148 persons). Even at full build -out of 849 units, assuming similar second home ownership patterns, the potential year -round commercial customer base is limited to 1,660 persons. In the best case scenario, at full - buildout and 100% occupancy of all units, the maximum population of Wildridge could reach 2,370 persons. This population from which to draw customers is a limiting factor in the success of any commercial enterprise on Tract B. In addition to looking at population, commercial businesses look at average vehicle trips per day to determine appropriate locations for various commercial uses. The Town of Avon has done current and 1 Data from the Eagle County Assessor's Office. Second home vs. in- Valley ownership was determined by location of mailing address. Data was then verified with CO State Demographer estimates of vacancy rates which equates to approximately 30% in the Town of Avon. 2 The CO State Demographer estimates 2.79 persons per household in the Town of Avon. Gandorf Wildridge PUD Amendment 5 historical vehicle counts at various locations within the Town, including at the intersection of Wildwood and Metcalf Roads3. Year Number of Trips Increase ( +) or Decrease ( -) from previous year 2002 3,525 3,946 trips 2003 3,730 6% 2004 3,580 4% 2005 3,801 6% 2006 3,769 -1 2007 3,778 0% 2008 3,946 4% Based on the ITE Trip Generation Manual, at full potential buildout and assuming current occupancy trends, the maximum number of average daily trips going past Tract B is approximately 5,700 trips. Assuming full -time occupancy of all units, the maximum average daily trips could reach 7,000 trips past Tract B. To summarize this analysis: Tract B Captured Population Average Daily Vehicle Trips 3,946 trips 2009 Current Analysis 1,132 persons (based on current traffic count at Wildwood and Metcalf Roads) At Full Build -Out, Following Current Occupancy Trends 1,660 persons 5,700 trips (30% second home- ownership) At Full Build -Out, assuming 100% full -time residency 2,370 persons 7,000 trips (absolute maximum) A 7-11 Free Standing Site with no gas (convenience store) requires a minimum of 25,000 vehicles per day passing the site. A BP gas station requires 30,000 vehicles per day passing the site and a population 3 From Avon Summer 2008 Traffic Count Summary, TDA Colorado Gandorf Wildridge PUD Amendment 6 of 18,000 within a 2 mile radius. The lack of vehicular traffic, coupled with limited population, makes Tract B commercially unfeasible as a potential location for a gas station or convenience store. There are some local precedents for a commercial use in the midst of a low- density residential neighborhood., including the following: • Cordillera Market • Balata at Singletree • Vista at Arrowhead • Spago at Bachelor Gulch • SummerThyme at Red Sky Ranch All of the above have had varying degrees of success and have unique circumstances that may allow them to be more successful than others. Cordillera's market has been through four different proprietors in less than five years, includes a commercial kitchen for catering, and is heavily subsidized by the Cordillera home owners. The community includes near -by offices, golf courses, and a hotel, and has still not managed to be successful. Balata is part of the Singletree Gold Club and is also heavily subsidized by members. While one of the more successful examples, members of the club are required to spend a pre- determined amount of money at Balata, ensuring its success. Vista at Arrowhead is relatively new to the Arrowhead location (multiple restaurants have failed in this location in the past) and draws its customers from the golf club in the summer and ski resort in the winter. Spago at Bachelor Gulch is within the Ritz Carlton located at the bottom of a busy ski resort, and even then, this location has been difficult for its predecessors. Summer Thyme at Red Sky Ranch is also part of the Golf Club and is only open during the golf season. Members heavily subsidize the restaurant. In concl usio n, Tract B is not viable as a commercial site for the following reasons as outlined above: Competition by commercial uses within the town center of Avon. There is a clear reason that businesses locate within a central business district (other than zoning requirements) - commercial uses feed on other commercial uses. It allows customers to minimize and piggy -back their vehicle trips. As an example, a person can stop for lunch at Columbine Bakery before grocery shopping at City Market. In addition, these uses are centrally located, convenient to access by all residents of Avon, and able to pull customers from 1 -70 and Highway 6. To compete, commercial uses on Tract B would have to become a destination use, which is highly unlikely. 2. Lack of potential commercial customers. The low- density residential character of Wildridge simply means there are not enough customers to support commercial uses. Even at maximum buildout with 100% local occupancy, the population would not support a commercial use on this site. 3. Lack of vehicular trips. All of the commercial uses allowed on Tract B require drive -by traffic for customers. There is simply not enough traffic to sustain commercial uses on the site, especially for a gas station or convenience store. All Wildridge traffic must pass two convenience stores on Nottingham Road already. 4. Lack of compatibility with the neighborhood. Because they are a higher intensity use than residential uses, there are substantial impacts that occur with commercial uses. Increased traffic, loading and delivery vehicles, large surface parking lots, trash storage and removal, etc., all have detrimental impacts to the adjacent residential properties. Gandorf Wildridge PUD Amendment 7 Town of Avon Process for Amendment to PUD Section 17.20.1 10 of the Town of Avon Zoning Regulations guide the Planned Unit Development (PUD) zoning designation. Because Wildridge is an established PUD, the applicable section to this application is the following: (k) Amendment procedures. (1) Amendments. Requests for amendments to an approved Planned Unit Development District shall be reviewed in accordance with the procedures described above. Amendments that propose substantial changes to land use in connection to existing development agreements and development plans as outlined in Chapter 1 7.14 of this Code may require additional information and /or development agreements and amendment to development plans. (2) Owners of all property requesting the amendment or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the PUD and owners of all property within the PUD that may be affected by the proposed amendment (as determined by the Community Development Department). As indicated above, the amendment section actually refers back to the process for establishing a PUD. The submittal requirements that apply to all new PUD applications and any proposed amendments include the following: i't�.�� ?sic �, L. ��t 1�,*5+:'� .� h i3 rS d v riy�T subrnt t>� -a- am i� # M"� APwi1 C ? } ✓+i;ySlt�yF4p'Yt.: - y+sT, "i�.PrSrjjtilClSe} (9 iy�yr A 'rS rat 4` t i Oil S1''� Application form and filing fee Submitted A written statement describing the nature of the project, to include information on Submitted proposed uses, densities, nature of the development proposed, contemplated ownership patterns and phasing plans A survey stamped by a licensed surveyor (no older than three [3] years from the date of Submitted application) indicating existing conditions of the property to be included, to include the location of improvements, existing contour lines, natural features, existing vegetation, watercourses and perimeter property lines of the parcel A complete zoning analysis of existing and proposed development, to include a square Submitted footage or density breakdown of all proposed uses and parking. Where a structure or building exists, a complete set of plans depicting the existing conditions of the parcel (site plan, floor plans, elevations), if applicable A vicinity plan showing the proposed improvements in relation to all properties at a Submitted scale not smaller than one (1) inch equals one hundred (100) feet. For projects larger than two (2) acres in size, the appropriate scale shall be determined by the Community Development Department Evidence of available utilities, such as water and sewer service, as provided Submitted Gandorf Wildridge PUD Amendment 8 Submittal Requirement Response Proposed site plan showing the approximate locations and dimensions of buildings, or Submitted approximate building envelopes and all principal site development structures or features. For projects less than two (2) acres in size, the plan shall be prepared at a scale not smaller than one (1) inch equals twenty (20) feet. For projects larger than two (2) acres in size, the appropriate scale shall be determined by the Community Development Not necessary Department. due to scale of In addition to the above - referenced required submittal requirements, the following additional items may be required as determined necessary: Discretionary Submittal Items Response Preliminary building elevations, sections and floor plans at a scale not smaller than one- Submitted eighth ( %s) inch equals one (1) foot in sufficient detail to determine floor areas, circulation, location of uses and general scale and appearance of the proposed development Photo overlays and /or other acceptable techniques for demonstrating a visual analysis of Not necessary the proposed development in relationship to existing conditions due to scale of project A site - massing model depicting the proposed development in relationship to Not necessary development on adjacent parcels due to scale of project Environmental impact report Approved with o r i g i n a l submission Preliminary drainage analysis and grading plans To be provided (also approved with original submission) Economic model of the proposed uses and densities where an application proposes uses Not necessary that may impact the ability of the Town to provide adequate public services due to scale of project Any additional material or information as deemed necessary for proper review of the N/A proposed PUD or PUD amendment Gandorf Wildridge PUD Amendment 9 PUD Criteria The criteria for the establishment of a PUD are addressed below. As the proposed amendments are generally minor changes to the approved PUD, many of the criteria are somewhat irrelevant to the scale of the proposed amendment. The Town's code does not contain special criteria for an amendment to the 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 consistent with the public interest has been achieved. (1) Conformity with the Comprehensive Plan goals and objectives, Applicant Response: The following goals and objectives from the Town of Avon Comprehensive Plan are those that apply directly to the application submitted. C. Land Uses Goal CA: Provide a balance of land uses that offers a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities, working in concert to strengthen Avon's identity as both a year -round residential community and as a commercial, tourism and economic center. Policy C.1.1: Ensure that proposed development and redevelopment projects conform to the Future Land Use Plan's designations and are a scale and intensity appropriate for the planning district in which they are located. Policy C.1.2: Ensure each development contributes to a healthy jobs /housing balance in the Town and surrounding area. Policy C.1.3: Focus lodging and guest accommodation in the Town Center Districts to take advantage of the proximity to retail, commercial and other community services. Policy C.1.6: Include sufficient land for public uses such as schools, recreation, community facilities (such as childcare), and government services near the people who use them. Policy C.1.7: Encourage development applicants to meet with adjacent residents, businesses, and property owners prior to and during design, planning, and application phases. This will allow applicants to identify concerns and propose strategies for addressing them. The Future Land Use Map designates this property as "Low Density Residential" which is defined as follows: Mixed use Civic/public ® Regional commercial Neighborhood commercial Light industrial commercial "A open space ® Park ® Residential - high density Residential - medium density Residential - low density [� Town of Avon boundary Corporate boundary Parcel Water Gandorf Wildridge PUD Amendment 10 Residential Low Density —Areas designated for residential low density are intended to provide sites for single - family, duplex, and multi - family dwellings at a density no greater than 7.5 dwelling units per acre. This is in contrast to the "Neighborhood Commercial" designation, which is defined as follows: Neighborhood Commercial — These areas are intended to provide neighborhood - focused retail and service uses (such as markets, childcare, restaurants, and cafes) that are conveniently located near and connected with surrounding residential neighborhoods. The proposed amendment is consistent with the Future Land Use Plan's Low Density Residential designation for this property. In addition, the current PUD designation of the site is inconsistent and contrary to the Future Land Use Plan. Goal C.2: Ensure that Avon continues to develop as a community of safe, interactive, and cohesive neighborhoods that contribute to the Town's overall character and image. Policy C.2.1: Promote a wide range of residential uses including single family, duplex, multifamily, and vertically integrated residential units (housing on the upper floors of mixed -use commercial buildings) throughout the town. Policy C.2.2: Require new residential development to provide a variety of housing densities, styles, and types based upon the findings of a housing needs assessment study. Policy C.2.3: Require pedestrian, bike, and automobile connections, where appropriate, between proposed and existing residential neighborhoods. The use of multiple access points, traffic calming devices, and /or street design standards will be employed to minimize cut through traffic. Applicant Response: Wildridge is currently a low- density residential neighborhood, with a broad mix of uses, ranging from single - family to multi - family dwellings of various sizes. The proposal is to continue this successful mix of development by constructing 2 small duplexes on Tract B. These units will be condominiumized so that the area surrounding the units will be under common ownership and therefore act more like a multiple - family development. The access point has been designed to coordinate with the curb cut directly across the street to minimize vehicular conflicts. Finally, a 6 ft. pedestrian easement will be provided along the east to provide a connection into the park. An easement has also been provided near the common property line with the fire station to allow for future community mailboxes. Goal C.3: Use mixed -use development to create a more balanced, sustainable system of land uses. Policy C.3.1: Require vertical and /or horizontal mixed -use development to occur in those areas Gandorf Wildridge PUD Amendment 11 identified in the Future Land Use Plan for mixed -use to enhance the Town's ability to respond to changing market conditions. Applicant Response: This goal applies to this project precisely because the existing PUD commercial designation for this site is contrary to the goal stated above. Neither this site specifically, nor this neighborhood as a whole, are designated for mixed use by the Future Land Use Plan. The proposed amendment will make this site consistent with the Town's Comprehensive Plan. Goal CA: Encourage sustainable commercial development that enhances Avon's overall economic health, contributes to the community's image and character, and provides residents and visitors with increased choices and services. Policy C.4.2: Require future commercial businesses, when appropriate, to cluster buildings and to provide publicly accessible amenities. Policy C.4.3: Encourage neighborhood retail and service activities in locations that are convenient to residential neighborhoods. Require such development to provide pedestrian connections to adjacent development and to existing and proposed trail systems. Applicant Response: While the idea of a commercial use on this site may appeal to many Wildridge residents, the key term used within Goal CA is "sustainable:' Wildridge clearly lacks the population to serve a commercial establishment on this site. The lack of other commercial businesses within the vicinity also severely inhibits the site's ability to be a viable commercial establishment (i.e. critical mass). D. Community Character Goal D.1: Ensure that development and redevelopment is compatible with existing and planned adjacent development and contributes to Avon's community image and character. Policy D.1.1: Encourage creative, forward- thinking development consistent with adopted plans. Policy D.1.2: Ensure that development and redevelopment responds appropriately to adjacent development. Policy D.1.3: Restrict large surface parking areas that directly abut local streets. If a large surface parking area is located next to a local street, use berms, plant materials of varying height, or other materials to buffer and screen these parking areas. Policy D.1.4: Create a unified and cohesive physical framework and community image by ensuring compatible building orientation, scale, massing, siting, street alignments, streetscape furnishings, signage, lighting, etc. Applicant Response: The proposal for 4 dwelling units on this site is consistent with adopted plans and the existing character of the neighborhood. Commercial uses on Tract B would require significant surface parking, and would be incompatible with the adjacent uses in the neighborhood. Commercial uses would introduce added traffic, trash removal, exhaust fumes, and other common impacts not typically found in a residential neighborhood. E. Economic Development Goal EA: Ensure that there is a positive environment for small businesses. Policy E.1.1: Conduct a retail analysis to identify specific opportunities to increase retail expenditures within Avon, to reduce sales tax migration to other nearby communities, and to support a year -round retail mix. Gandorf Wildridge PUD Amendment 12 Policy E.1.2: Permit home occupations and live /work opportunities where there is minimal negative impact to the neighborhood to reduce traffic /commuting impacts in the community and provide affordable options for local entrepreneurs. Policy E.13: Encourage small business incubators to support local entrepreneurs. Applicant Response: There will be nothing prohibiting home occupations for live /work opportunities with the proposed four dwelling units on Tract B. As previously shown, a commercial /business use on this site is not commercially sustainable. Goal F.1: Achieve a diverse range of quality housing options to serve diverse segments of the population. Policy F.1.1: Establish policies and programs, as further detailed under Goal F.2., which will address housing needs identified in a periodic housing needs assessment. The Area Median Income (AMI) ranges, as periodically updated by Eagle County, shall be used to establish the affordability of a housing unit when evaluating the mitigation rate required of any development associated with a rezoning application or Planned Unit Development (PUD), or any combination thereof. Policy R1.2: Encourage private development that provides a diversity of housing types, sizes, architectural styles, and prices ranges appropriate for local working families. Applicant Response: The units have been designed to appeal to a local working family. The units are small in size, ranging from approximately 1,498 sq. ft. to 1,888 sq.ft. The intent is to make the units more affordable to locals without the need for a deed restriction. Goal F.2: Provide an attainable housing program that incorporates both rental and ownership opportunities, affordable for local working families, that are attractive, safe, and integrated amongst the community. Policy F.2.1: Require that development, annexations, and major redevelopment includes or otherwise provides for attainable housing. Policy F.2.2: Calculate the impact generated by varying types of land use and development, specifically, commercial and residential linkage calculations. The most recent data available, as periodically updated by Eagle County and the State will be used in this regard. Alternative methods of providing attainable housing, including but not limited to: payment -in -lieu; land dedications; and public - private partnerships, may also be considered. Policy R2.3: Ensure that attainable housing mitigation is applied at the most appropriate rate and is derived with full consideration of all other public benefits, as contemplated by the public benefits criteria referenced in Section 17.28.085 (AMC), provided by any proposal found to be subject to the rezoning and PUD criteria. Policy F.2.4: Require that attainable housing be integrated within large developments and the Town as a whole, rather than separated from the rest of the community, including such units proposed with other developments, and done so in a positive manner. Policy R2.5: Require attainable housing to be within close proximity to existing services and development, serviced by transit (including bike and pedestrian paths), and close to schools /child care. Policy F.2.6: Require minimum, "live- able" dwelling unit size and quality standards for all attainable housing provided as part of any development or redevelopment agreements to achieve a diverse range of housing types. Such standards shall be proposed at the time a Gandorf Wildridge PUD Amendment 13 rezoning application is brought before the Planning and Zoning Commission for a formal recommendation to Council. Policy F.2.7: Adhere to the principle of "no net loss" of attainable housing. Policy F.2.8: Deed restrictions, including, but not limited to: Residency and employment qualifications, price appreciation caps, capital improvement, ownership & rental restrictions shall be determined and implemented at the time a redevelopment application is reviewed, on a project -by- project basis, based on factors such as location, topography, and land use type(s). Applicant Response: This project is not a major development or redevelopment, but a change in allowable uses on the property. the character of the proposed use, small residential units, lends itself to the step -up residential market without the need for deed restrictions. I. Parks, Recreation, Trails and Open Space Goal I.1: Provide an exceptional system of parks, trails, and recreational programs to serve the year -round leisure needs of area residents and visitors. Policy I.1.1: Require new residential and resort developments to incorporate recreational amenities that are accessible to the public. Policy I.1.2; Continue to evaluate and acquire parcels or easements for open space, trails, and recreation. Policy I.1.4: Require new annexations and developments to include or otherwise contribute to land for trails, open space, and recreation purposes. Applicant Response: The Wildridge PUD was approved and developed with open space and park areas, including this one adjacent to this property. The project includes a pedestrian easement to provide a linkage across the property into the adjacent park to allow for convenient access of other residents in the neighborhood. (2) Conformity and compliance with the overall design theme of the Town, the subarea design recommendations and design guidelines adopted by the Town; Applicant Response: The future development on the site will be reviewed and approved by the Town of Avon Planning and Zoning Commission for compliance with the overall design theme of the town, sub -area design recommendations and design guidelines. The design of the buildings is intended to be consistent with the neighborhood, including the existing fire station. The materials are compatible with the materials used within Wildridge. (3) Design compatibility with the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character and orientation, Applicant Response: The proposed development plan is compatible and complimentary to the neighborhood and adjacent properties. The site, because it is surrounded on 3 sides by roadways, has a 25 ft. setback on three sides, creating a compact and efficient building envelope. The height of the buildings has been designed to allow for a 2 -story building on the front facing Old Trail Road, with a 2.5 to 3 story building off the back facing the park, minimizing the appearance of the heights of the structures. The units are small, ranging from 1,498 sq. ft. to 1,888 sq. ft., allowing for a project complimentary in scale and bulk to the neighboring Gandorf Wildridge PUD Amendment 14 properties, which range from multiple - family buildings of up to 6 units, down to duplex and single family dwellings. This section of Wildridge is a true mixture of residential structures. There are many examples of duplex structures along side multiple family structures. (4) Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity; Applicant Response: The adjacent properties include the following uses: Lot Use 101 - Ski VistaTH 6 units 17 - Cliffrose TH 4 units 18 - Falcon TH 4 units 16 - Saddleridge at Avon Condo 5 units I - Rocking Horse Ridge 10 units 2 - Claivan 6 units Gandorf Wildridge PUD Amendment 15 The property is surrounded by residential uses on the east, west, and north, and the fire station and park to the south. The area includes many multiple family projects, ranging from 10 units to 4 units, and then interspersed within the multiple - family projects are many duplex units. The project is compatible with the surrounding uses, activity, and density. (5) Identification and mitigation or avoidance of natural andlor geologic hazards that affect the property upon which the PUD is proposed, Applicant Response: There are no natural or geologic hazards on the site. (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, Applicant Response: Because the site is surrounded by roads, it has a 25 ft. setback on three property lines. This allows for a design that has a minimal building envelope and maintains significant open space on the site. Site coverage is only 17% of the lot area. Rather than a four - plex, two duplexes have been designed to allow for a break between the two buildings, allowing for views through the property. Having two smaller structures also allows for a reduced appearance of building mass. (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; Applicant Response: The site circulation has been designed to allow for access off of Old Trail Road. This access point aligns with the access for the Ski Vista Townhomes directly across the street. The modification from commercial to residential minimizes the vehicular trips to and from this site, a benefit to the entire neighborhood. (8) Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function; Applicant Response: The site has been designed to maximize views, along with providing a view corridor between the buildings. A pedestrian easement has been provided along the site to allow for access into the adjacent park. (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, Gandorf Wildridge PUD Amendment 16 WR: t u 3 - Suncrest Condos 4 units Tract B 4 units The property is surrounded by residential uses on the east, west, and north, and the fire station and park to the south. The area includes many multiple family projects, ranging from 10 units to 4 units, and then interspersed within the multiple - family projects are many duplex units. The project is compatible with the surrounding uses, activity, and density. (5) Identification and mitigation or avoidance of natural andlor geologic hazards that affect the property upon which the PUD is proposed, Applicant Response: There are no natural or geologic hazards on the site. (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, Applicant Response: Because the site is surrounded by roads, it has a 25 ft. setback on three property lines. This allows for a design that has a minimal building envelope and maintains significant open space on the site. Site coverage is only 17% of the lot area. Rather than a four - plex, two duplexes have been designed to allow for a break between the two buildings, allowing for views through the property. Having two smaller structures also allows for a reduced appearance of building mass. (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; Applicant Response: The site circulation has been designed to allow for access off of Old Trail Road. This access point aligns with the access for the Ski Vista Townhomes directly across the street. The modification from commercial to residential minimizes the vehicular trips to and from this site, a benefit to the entire neighborhood. (8) Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function; Applicant Response: The site has been designed to maximize views, along with providing a view corridor between the buildings. A pedestrian easement has been provided along the site to allow for access into the adjacent park. (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, Gandorf Wildridge PUD Amendment 16 Applicant Response: The project will not be phased as all four dwelling units will be constructed at the same time. (10) Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks and police and fire protection, Applicant Response: Four dwelling units are currently allowed on the subject property and there is no increase in the allowable number of dwelling units proposed with this amendment. The amendment actually reduces the intensity of uses on the site based on the current allowable uses, which includes a gas station. Because there is no change to the proposed density, the public services are adequate to serve the four dwelling units. Adequacy of public facilities was evaluated when the original PUD was approved. (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. Applicant Response: The proposal to convert the property from a high intensity use, such as a gas station or community store, to residential will serve to decrease the anticipated traffic associated with this property. Four apartment units are currently permitted on the site, and the proposed amendment maintains this total number of dwelling units for the site. By eliminating the allowable commercial uses, there will be fewer trips generated to the property. The existing streets and roads are suitable to carry the residential traffic associated with the development of this site, as this traffic has always been anticipated. (12) That the PUD or amendment to PUD requested provides evidence of substantial compliance with the public purpose provisions of the Zoning Code as specified in Section 17.28.085. Applicant Response: Up until this point in this report, the analysis has been based on the idea that Tract B is not viable for commercial uses. A new analysis and argument will be provided assuming that Tract B could be viable for the commercial uses allowed on the site, including a gas station, a convenience /grocery store, restaurant and coffee shop to evaluate the impacts of those uses. The impacts of these uses are of important consideration to the review of this application. Tract B is .38 acres, or 16,552 sq. ft. For argument's sake, a 2,000 sq. ft. commercial building is assumed with 4 apartments located above the commercial use. A building of this size is equivalent to the size of the shop of the Phillips 66 on Nottingham Road. Any commercial use on this site will have a parking requirement based on the Town of Avon Zoning Regulations, which depending on the use, ranges from 4 (gas station) to 16 spaces (coffee shop). In addition to the commercial parking requirement, there is an additional requirement for 10 spaces for the residential use allowed. A large surface parking lot will be required for commercial development on Tract B. A successful commercial establishment could have detrimental impacts on the surrounding properties and completely change the residential character of the area. In all possible commercial cases, the amount of traffic to and from the site will increase dramatically. A large surface parking lot will be required, and will likely need to include lighting for safety. Loading Gandorf Wiidridge PUD Amendment 17 and delivery is required for any commercial use on the site, requiring large trucks to access the property. Deliveries are typically made early in the morning. Use Parking Average Daily Additional Impacts Spaces Trips Generated Associated with Use Required (from ITE) S h o p p i n g a n d 8 spaces 204 trips Loading and delivery Convenience Goods Trash storage and removal Retail Restaurant /Coffee 16 spaces 254 trips Loading and delivery Shop Trash storage and removal Commercial kitchen venting Large Parking lot Gas Station 4 spaces 651 trips Parking does not include area for gas pumps 4 apartments 10 spaces 26 trips The public purpose provisions of the Town Code, Section 17.28.085 are as follows: (I) The application demonstrates a public purpose which the current zoning entitlements cannot achieve. (2) Approval of the zoning application provides long-term economic, cultural or social community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights. (3) The flexibility afforded forded in approval of the zoning application will result in better siting of the development preserving valued environmental and cultural resources and increasing the amount of public benefit consistent with the community master plan documents. Commercial uses on Tract B would have detrimental impacts to the surrounding property owners. While there may be some in the neighborhood who would love a restaurant or a coffee shop near -by, the impacts of a commercial establishment also need to be considered, including a large surface parking lot, large truck delivery of goods, trash, commercial kitchen venting systems, etc. A residential use on this site will clearly provide a public benefit or purpose by eliminating these negative impacts of a commercial use on Tract B. The proposal to eliminate commercial uses is consistent with the Town of Avon Master Plan, most specifically the Future Land Use Plan, which designates this property as Low Density Residential and not as Neighborhood Commercial. Therefore, the existing allowable commercial uses on Tract B are in direct violation of the Future Land Use Plan. Gandorf Wildridge PUD Amendment 18 The proposed change in use, a down - zoning of the property, provides social benefits by eliminating adverse impacts associates with commercial uses located in the middle of a low density residential area. The application eliminates a use that has little opportunity for success. The flexibility afforded in the approval of this application will allow an appropriate use of the land and at an appropriate intensity. The proposed uses will be compatible with the surrounding residential uses and create consistency with the Town's Comprehensive Plan. Gandorf Wildridge PUD Amendment 19 Preliminary Plan Criteria The criteria for a preliminary plan are provided below. A preliminary plan is generally required when a property is subdivided. In the Gandorf Tract B situation, the property is already platted as Tract B of the Wildridge Subdivision, and therefore some of the criteria are not necessarily applicable to this application. (I) The Comprehensive Plan Applicant Response: A complete analysis of the Comprehensive Plan has been provided in the section above. As indicated in the analysis, this proposal is consistent with the goals and objectives of the Comprehensive Plan. (2) For Planned Unit Developments, the relevant Planned Unit Development Master Plan and the Comprehensive Plan, as reflected in the approval of that Planned Unit Development Applicant Response: A complete analysis of the original Planned Unit Development Master Plan has been provided in the section above. It is important to note that conditions have changed dramatically from the original 1979 concept of the Wildridge and Wildwood PUDs. (3) Physical suitability of lots proposed for subdivision Applicant Response: Because this is a previously platted lot and there are no changes proposed to the lot boundaries, this criteria is not applicable to this proposal. (4) Compatibility with surrounding land uses. Applicant Response: A complete analysis of the surrounding land uses has been provided in the previous section. As the analysis indicates, the surrounding land uses consist of a variety of residential uses, ranging from much larger multiple - family projects to small single - family developments. The adjacent fire station and park use are compatible with the residential uses proposed on this site. Gandorf Wildridge PUD Amendment 20 Zoning Analysis The Wildridge PUD does not provide development standards beyond setback requirements. For comparison, the development standards of Residential Low Density have been included. However, the Wildridge PUD only regulates setbacks and there are no standards for height, site coverage, landscape area, etc. Standard . Allowed Proposed Lot Size 10,890 sf / .25 acre 16,553 sf / .38 acres (existing) Site Coverage 8,276 sf (50 %) 2,856 sf (17 %) East 1,662 sf (10 %) West 1,194 sf (7%) Landscape Area 4,138 sf (25 %) 9,117 sf (55 %) GRFA unlimited 6,772 sf East 3,776 sf West 2,996 sf Garage Area unlimited 1,226 sf East 758 sf West 468 sf Parking 10 spaces 10 spaces East 6 spaces 6 spaces West 4 spaces 4 spaces Setbacks 25 ft. front 25 ft. on east, north, west 10 ft. side and rear 10 ft. on south Gandorf Wildridae PUD Amendment 21