L46 B2 BMBC RezoneTown of Avon
Rezoning to PUD Staff Report
July 15, 1997 Planning & Zoning Commission meeting
Report date July 11, 1997
Project type Rezoning to PUD
Legal description Lot 46, Block 2, Benchmark at Beaver Creek
Zoning Residential High Density (RHD)
Introduction
In November of 1996, the Planning & Zoning Commission granted final design approval for a
multi -family residential project on Lot 46, Block 2, Benchmark at Beaver Creek. The approved
design included two proposed four-story buildings with 14 condominium units each, plus an
existing duplex, for a total of 30 residential units.
The owners of Lot 46 have applied to rezone the property from Residential High Density (RHD)
to Planned Unit Development for the purpose of allowing conversion of the condominium units
to timeshare units. The existing RHD zone district does not allow timeshare units.
Specifically, the applicant wants to allow 24 of the 30 units to be sold as timeshare, leaving four
conventional condominium units plus two duplex units. There are no changes proposed to the
approved Final Design Plans. The only code change is that the parking requirements are different
for timeshares. However, the project meets the parking requirements for both the proposed
timeshares and residential units.
Criteria for Rezoning (17.28.080)
1. Is the proposed rezoning justified by changed or changing conditions in the character of the
area proposed to be rezoned.
The site is on the edge of Avon's Town Center, the commercial core for the community. The
neighborhood is developing with commercial and governmental facilities including a new
post office and recreation center. Lot C is anticipated to be developed for urban type land
uses. The character of the area is changing in that surrounding parcels are being developed
commercially. Timeshare units would be compatible with the surrounding commercial land
use and be supported by developing downtown businesses.
2. Is the proposed rezoning consistent with the Comprehensive Plan.
• The proposed rezoning to PUD is not in conflict with the Comprehensive Plan designation of
the property for residential use of the property. The Comprehensive Plan states that areas
designated for residential land use are intended for permanent and seasonal residential land
uses, including multi -family dwellings, apartments, and condominiums as well as single
family and duplex uses. Timeshares fall somewhere in between a residential land use
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July 15, 1997
(similar to seasonal housing) and commercial lodging. From a land use standpoint, staff does
not believe the timeshare use of the property is in conflict with residential land use
designation. Many of the residential units in this neighborhood are rented out as resort rental
units. For example, 60 percent of the Beaver Creek West units are vacation rentals. The
timeshare use is similar in having a more transient population. The character of the site will
not change since the approved design is not changing.
• Policy A1.3 of the Comprehensive Plan states that flexible zoning such as Planned Unit
Developments should be encouraged where it results in more effective use of the land, but
will only be allowed where it provides a benefit to the community and is compatible with the
surrounding land use. There are pros and cons of timeshare units in terms of providing
benefits. The benefits are that it provides a tourist base which will in turn utilize town
businesses and generate sales as well as tax revenues. The sale of the units will also generate
a significant amount of real estate sales transfer tax. The negative aspect is that the
conversion to timeshares will eliminate 24 permanent residential units that would be
available for purchase to local residents and employees. Additionally, the conversion to
timeshare units will require more employees to service the timeshares, including maid
service, management, and maintenance.
• Goal B 1 of the Comprehensive Plan is to enhance the Town's role as a principal, year-round
residential community and regional commercial center. Removing the housing units does not
enhance the role as a year round residential community because residential units are being
removed.
• Goal C2 is to provide for affordable housing for permanent and seasonal residents that is
attractive, safe and integrated with the community. This goal is implemented by policy C2.1,
that new development, annexations, and major redevelopment shall include or otherwise
provide for affordable housing.
• In order to mitigate the negative aspects of the rezoning of removing permanent housing
units, and comply with Goal C2 and policy C2.1, staff recommends that 10 percent of the
units (3) be reserved as deed restrictive, affordable housing units. This could provide the
benefit of the PUD Zoning called for by Policy A1.3.
3. Are adequate facilities available to serve development for the type and scope suggested by the
proposed zone?
The rezoning to allow the timeshare units will generally not change the demand for facilities.
The only exception is that a different parking requirement is applied to timeshare units. The
project meets the Zoning Code requirements for the proposed combination of time share and
residential units.
Staff Recommendation
The PUD application meets the rezoning criteria provided that the negative impacts from
removing permanent housing are addressed. The site plan is not changing from the approved
final design and meets all zoning requirements. Therefore, staff recommends approval with one
condition.
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July 15, 1997
Recommended Motion
I move to approve the rezoning to PUD for 24 timeshare units and 6 residential units on Lot 46,
Block 2, Benchmark at Beaver Creek Subdivision as depicted on plans dated received June 3,
1997 with the condition that three affordable, deed restricted housing units be provided.
The units shall be reserved for employees of the project, or be deed restricted for sale as
affordable condominium units with a 3 percent price appreciation cap, and affordable to a
household with 100 percent of the Eagle County Median Family income. Additional provisions
shall be as laid out in the Master Deed Restriction Agreement for the Occupancy and Resale of
Chapel Square.
If you have any questions regarding this project or any planning matter, please call me at 949-
4280 (extension 131), or stop by the Community Development Department.
Respectfully submitte
Karen Griffith, A
gl�/
Town Planner
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Lot 46, Block 2, Benchmark at Beaver Creek Subdivision, PUD Review, page 4
July 15, 1997
Planning & Zoning Commission Action
❑ Approved as submitted
Denied
❑ Approved with conditions (noted below)
❑ Tabled
❑ Withdrawn by applicant
Conditions of approval, reasons for tabling or withdrawal of application, or basis for denial (refer
to code or guidelines by number):
Date
Attest:
:/� Date
Sue Railton, Secretary /
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