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TC Res. No. 2004-25 RELATING TO PROPOSEDTOWN OF AVON, COLORADO RESOLUTION NO. 04-25 SERIES OF 2004 A RESOLUTION RELATING TO PROPOSED AMENDMENTS TO EXISTING NON-DEVELOPABLE AREAS IN THE WILDRIDGE PLANNED UNIT DEVELOPMENT WHEREAS, The Town of Avon has determined that existing non-developable areas should remain intact and in a natural state, however, also recognizes that from time to time application may be made to amend these areas; and WHEREAS, Town Council recognizes and strongly affirms the,value of existing non- developable areas as they exist in the Wildridge Planned Unit Development (PUD) and the restrictions associated to development or encroachment of development in these areas as contained on the PUD subdivision plat; and WHEREAS, the Town Council finds that the merits of any application that proposes to amend the shape, configuration, or use of non-developable areas in the Wildridge PUD must continue to provide an overall public and community benefit; and WHEREAS, the Town of Avon hereby affirms general criteria and policy direction to the community related to the non-developable areas that exist in the Wildridge PUD; and WHEREAS, the Town Council sets forth the following specific criteria to all be met by an application in order to consider a proposal to amend existing non-developable areas in the Wildridge PUD: The proposal to amend the area is in the best interest of the citizens of the Town through a significant reduction of existing density or development rights, as demonstrated through the application and hearing process; and 2. The basic area is traded on a greater than or equal to one-to-one basis so that the, land designation is not reduced or diminished; and 3. The aesthetic character, contiguity and general location across public and private properties, natural conditions and intent of the existing area remains intact, as demonstrated through the specific site-development plan and application. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town Council hereby sets,forth criteria as stated herein in order to preserve the intent and character of existing non-developable areas as contained in the Wildridge Planned Unit Development. ADOPTED THIS DAY OF , 2004. 611 OF qyp y S ' A1. ATTEST: TOWN COUNCIL b S O~ 00 TOWN OF AVON, COLORADO Mayor P nc- Town Clerk Resolution No. 04-25 NonDevAreas WR PUD v.3 Page 2 of 2 Memo Td Honorable Mayor and Town Council Thu Larry Brooks, Town Manager From: Tambi Katieb, Community Development Dam July 20, 2004 AVO . N C O L O R A D O R Resolution 0425, Non-Developable Areas in the Wildridge Planned Unit Development (PUD) (Public Hearing) Summary At your last Council meeting, you reviewed a first draft resolution that would set forth basic criteria to proposals in Wildridge that would request a change to existing platted "Non- Developable Areas". At that meeting, you also requested that staff refine several points of the proposed resolution including the strength of the recitals and removal of the reference to majority of affected or interested parties. To be clear, Non-Developable Areas are unique to the Wildridge PUD and do not appear to other platted subdivisions in the Town. These platted areas are unique and separate from platted open space areas and platted drainage and utility easements, though they appear to support both drainage and open space functions by design. The Wildridge PUD contains the following restriction for these areas: "No development shall occur on the non-developable area without written specific approval of the covenants committee and the Town of Avon. Development shall include buildings, fences, signs, roads, and grading. Non-developable areas shall be physically undisturbed and left in their present natural state except for approved access-and utility easements". Unfortunately, the policy criteria or basis for amending or altering these areas was not contained in the PUD or the original Wildridge Subdivision applications. As a result; should applications to alter or change these platted areas come before the Town, it is cumbersome to staff, the applicant, and the Council to qualify a rationale for amending the PUD and Subdivision from its current configuration. The intent of the resolution is to provide policy direction to the community and potential owners of properties in Wildridge that contain platted Non-Developable areas. For comparison, I've attached the original draft reviewed at your last meeting as well as the draft proposed for adoption in response to comments received by Council. Resolution 0425, Non-Developable Areas in the Wildridge Planned Unit Development July 27, 2004 Town Council Meeting Town Manager Comments: Attachments: A - Revised Resolution 04-25 B - Original Draft of Resolution 0425 Resolution 04-25, Non-Developable Areas in the Wildridge Planned Unit Development July 27, 2004 Town Council Meeting Exhibit A TOWN OF AVON RESOLUTION NO., 04-25 SERIES OF 2004 A RESOLUTION RELATING TO PROPOSED AMENDMENTS TO EXISTING NON-DEVELOPABLE AREAS IN THE WELDRIDGE PLANNED..UNIT DEVELOPMENT WHEREAS, The Town of Avon has determined that existing non-developable areas should remain intact and in a natural state, however, also recognizes that from time to time application may be made to amend these areas; and WHEREAS, Town Council recognizes and strongly affirms the value of existing non- developable areas as they exist in the Wildridge Planned Unit Development (PUD) and the restrictions associated to development or encroachment of development in these areas as contained on the PUD subdivision plat; and WHEREAS, the Town Council finds that the merits of any application that proposes to amend the shape, configuration, or use of non-developable areas in the Wildridge PUD must continue to provide an overall public and community benefit; and WHEREAS, the Town of Avon hereby affirms general criteria and policy direction to the community related to the non-developable areas that exist in the Wildridge PUD; and WHEREAS, the Town Council sets forth the following specific criteria to all be met by an application in order to consider a proposal to amend existing rion-developable areas in the Wildridge PUD: The proposal to amend the area is in the best interest of the citizens of the Town through a significant reduction of existing density or development rights, as demonstrated through the application and hearing process; and FACounci1\Reso1utions\2004\Res 04-25 NonDevAreas WR PUD v.3.doc 2. The basic area is traded on a one-to-one basis so that the land designation is not reduced or diminished; and 3. The aesthetic character, contiguity and general location across public and private - properties, natural conditions and intent of the''existing area remains intact, as demonstrated through the specific site-development plan and application. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town Council hereby sets forth criteria as stated herein in order to preserve'the intent and character of existing non-developable areas as contained in the Wildridge Planned Unit Development., ADOPTED THIS DAY OF , 2004. TOWN COUNCIL TOWN OF AVON, COLORADO Mayor, ATTEST: Town Clerk FACounciNteso1utions\2004\Res 04-25 NonDevAreas WR PUD 0.doc Exhibit B TOWN OF AVON RESOLUTION NO. 04-25 SERIES OF 2004 A RESOLUTION RELATING TO PROPOSED AMENDMENTS TO EXISTING NON-DEVELOPABLE AREAS IN THE WILDRIDGE PLANNED UNIT DEVELOPMENT WHEREAS, Town Council recognizes and affirms the value of existing non- developable areas as they exist in the Wildridge Planned Unit Development (PUD) and the restrictions associated to development or encroachment of development in these areas as contained on the PUD subdivision plat; and WHEREAS, the Town Council finds that the merits of any application that proposes to amend the shape, configuration, or use of non-developable areas in the Wildridge PUD must continue to provide an overall public and community benefit; and WHEREAS, the Town of Avon would like to affirm general criteria and policy direction to the community related to the non-developable areas that exist in the Wildridge PUD; and WHEREAS, The Town of Avon prefers to see existing non-developable areas remain intact and in a natural state, however, recognizes that from time to time application may be made to amend these areas; and WHEREAS, the Town Council would like to set forth the following general criteria in order to consider applications to amend existing non-developable areas in the Wildridge PUD: The proposal to amend the area is in the best interest of the citizens of the Town through a significant reduction of existing density or development rights, as demonstrated through the application. FXouncil\Reso1utions\2004\RRes 04-73 NonDevelopable Areas WR PUD.doc "i 2. A substantial majority of interested parties and affected neighbors are in support v of the proposal, as demonstrated through the application; 3. The basic area is traded on a one-to-one basis so that the land designation is not reduced or diminished, the character, contiguity, natural conditions and intent of the existing area remains intact, as demonstrated through the specific site- development plan and application. NOW9 THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town Council hereby sets forth criteria as stated herein in order to preserve the intent and character, of existing non-developable areas as contained in the Wildridge Planned Unit Development. ADOPTED THIS DAY OF .2004. TOWN COUNCIL TOWN OF AVON, COLORADO ATTEST: Town Clerk Mayor F:\Counci1\teso1utions\2004\Res 04-25 NonDevelopable Areas WR PUD.doc