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PZC Minutes 110585J RECORD OF PROCEEDINGS MINUTES OF PLANNING AND ZONING COMMISSION MEETING NOVEMBER 5, 1985 The regular meeting of the Avon Plann.ng and Zoning Commission was held an November 5, 1985 a+ 7:00 PM in the Town Council Chambers of the Town of Avon Municipal Complex, 400 Benchmark Road, Avon, Colorado. The meeting was called to order by Chairman Mike Blair. Members Present: Mike Blair, Pat Cuny, Jeff Maddox, Tom Landauer Charles Gersbach, Mark Donaldson, Cheryl Dingwell Members Absent: None Staff Present: Norm Wood, Director of Engineering and Community Development - Jim Lamont, Planning Consultant Maggie Lach, Recording Secretary Work Session Wood reviewed agenda items of November 5, 1385 with Commission members. Wood reviewed proposed revisions to the Planning and Zoning Procedures, Rules and Regulations with Commission members. Regular Agenda I•Lems - 7:30 PM Blair commented on "Citizen Input" which was added to agenda. He felt that rather than putting informal discussions under that title, that they should in fact be listed on the agenda as a separate item. Wood suggested that informal discussion be listed as "Citizen Input". Discussion followed. Blair reminded Commission of conflict of interest disclosures to be prepared for the Town. Blair asked Commission members to consider their second meeting in December: should it be cancelled or the date changed if some members would he out of town for that meeting. Lot 45, Blk. 2, BM 0 BC - S.R.U. - Time Share - Falcon Pointe Lodge - Con't. froia 10/15/8; Regular Meeting - Public Hearing Gersbach stepped down due to a conflict of intereut. Blair stated that letter from applicant had been received dated November 1, 1985 requesting a withdrawal of their application for a Special ReviE�i Use for time share. Wood stater that this application was filed in anticipation of the zone mange from RHLD to RHDC being approved, any that applicant was denied by Town Council in accordance with the Commission's recommendation. This Special Review Use request has no meaning at this time. Dennis Cole, representative of ALV Venture verified that he did send a letter to the Commission requesting a withdrawal of this application. Planning & Zoning Meeting Minutes November 5, 1985 Page 2 of 6 Lot 45, Blk. 2, BM @ BC - S.R.U. -- Time Share - Falcon Pointe. Lodge - Con't. from 10/15/85 Reaular Meetinq - Public Hearing,. Con t . Blair opened the public hearing. There being no one wishing to be heard, the public hearing was closed. Donaldson motioned to accept the applicants request for withdrawal of this item. Maddox seconded. Gersbach abstained. Motion carried. Lot 45, Blk. 2. BM @ BC - Zone Change Request - Falcon Pointe Lodge - RHLD to SPA (Time Share) - Public Hearing Gersbach stepped down due to a conflict of interest. Wood stated that ALV Venture and Resort America Development Corporation have requested a zone change from RHLD to SPA. The purpose of the requested zone change is to allow the resubdivision and subsequent time share of the existing building (Falcon Pointe Lodge). Wood gave brief history of previous application requesting a zone change from RHLD to RHDC and the basis for denial of the request, A -D of Staff report. He explained that SPA provides a method of addressing items A -C of staff report, except D, "Consideration was given to the strong public opposition from neighboring property owners". The adopted plan includes allowed uses, densities, building restrictions and other zoning matters, which is included in the draft of an Ordinance. Wood reviewed page 4 of proposed Ordinance, A -D. Wood stated that suggested criteria from Staff report, 1-12, be reviewed and considered in conjunction with the requested zone change. Marl, ditchell, representative of owner stated that they are in agreement with the Staff report of November 5, 1965 along with the Steff comments. He then reviewed the history of Falcon Pointe regarding economics, time share and Development District Goals 2 and 3. He then presented charts of surrounding property, occupancy rates, bus system impact, tax and recreational revenues and employment impact. He felt that time share use and short-cerm use aere essentially the same. He explained that they have spoken with adjacent property owners regarding any major problems such as road maintenance, which they have agreed to help mitigate, and sharing of recreational facility. Blair opened public hearing. Wood suggested that letters for or against application be included again in this public hearing. Letters were received from Ski and Shore Real Estate, Beaver Creek West Condo Association, Greg Miller of Benchmark Cleaners, and Mr. Mock of New Mexico, an adjacent property owner. Planning 4 Zoning Meeting Minutes November 5, 1965 Page 3 of b Lot 45 Blk. 2 BM @ BC - Zone Change Request - Falcon Pointe Lodge - RHLD to SPLA (Time Share) - Public Hearing_ Can't. Bronson Rumsey, member of Board of Directors for beaver Creek West and owner of units stated that their position had not changed from previous meeting. He stated that applicant had attempted to mitigate some of their concerns such as the road maintenance agreement. He explained that Beaver Creek West is open to discussion and requested that Commission defer any action on the application until applicant and Beaver Creek West can meet on December 7. He then reiterated concerns from last meeting. Blair then closed the public hearing. Mitchell responded to Rumsey's statemen's and stated that public notices had in fact been sent in timely manner, that half of the units in the building were owned by board members of Beaver Creek West who are primarily short -terming their units, which is what their proposal is. He stated he did have discussions with board member Dick Taxman regarding road maintenance. Bill James, Town Manager and lone -term renter at Falcon Pointe stated that no one really wants to move from Falcon Pointe, but with the mixed use of long and short-term people in the building, that does not always work either. He stated that condos in Summit County had to be auctioned and that they received a lot of press in different newspapers, and did not feel that was what Avon wanted either. He suggested that Commission look at this and decide if this will be a positive project. He felt that the difference in short -terming was that you either rent a vacation week at Beaver Creek West or purchase a week of vacation time at Falcon Pointe. Cuny felt that because certain marketing was not succeeding, is a zone change necessary to make it successful economically. Landauer asked what this would do to the properties west of Falcon Pointe. He felt that a precedent would be set for time share all the way to the trailer park. Discussion followed. Donaldson questioned fractionalization regarding Ordinance that states a building with a Certificate of Occupancy cannot be fractionalized. Wood stated that with a remodel, they would require new Certificates of Occupancy, although this needs further review. Cuny had concerns of school bus in the area during the time skiers would be leaving the area along Htth displacement of people that currently live there. Mitchell reiterated that he felt the uses were compatible according to the Master Plan. Blair then reviewed points 1-12 of Staff comments with Commission members and discussed each point. Mitchell stated that he agreed with Staff report. Planning & Zoning Meeting Minutes November 5, 1985 Page 4 of 6 Lot 45, Blk. 2, BM @ BC - Zone Change Request - Falcon Pointe Lodge - RHLD to SPA (Time Share) -- Public Hearing, Con t. Ciny recommended that Council deny the zone change request from RHLD to SPA because it is not compatible with points 1-5 and 8 of Staff comments of the Staff report. Landauer seconded. Donaldson felt consideration should be given to tabling application until neighboring property owners had the chance to meet with applicant regarding their concerns. Maddox agreed with Donaldson and felt that there might be more opposition to technical problems rather than time share. Rumsey 5tate+d they would be nappy to discuss concerns with applicant bef;,ie a decision was made. Landauer felt that the issue was strictly zone change related. Maddox opposed. Gersbach abstained. Motion carried. Wood then presented report addressed to Council i--om Commission. The Commission made the following modifications to the report: 1) The use is not compatible; 2) The use is not in harmony; _) The proposed development is not needed; 4) The proposed SPA is not desireable because of displacement of long-term residents: 5) The effect of proposed SPA upon futures development of the area is detrimental to long range development; 6) No change; 7) No change; 8) Proposed change to SPA is not in conformance with intent of Master Plan.... Landauer recommended denial of the zone change request from RHLD to SPA with regard to points 7, 11 and 12 of report to Council based on: 7) Land surrounding the propo=.ed SPA cannot be planned....; 11) The SPA creates an :;isoesireable and unstable environment; and 12) The SPA does not make possible the creation of a *_reative innovation.... Cuny seconded. Dingwell and M&Adox opposed. Gersbach abstained. Motion carried. Cuny motioned to send report to Council as amended. Landauer seconded. Gersbach abstained. Motion carried. Town of Avon Development Plan - Resolution M85-36 P::uptinq D_evelooment Plan Gersbach rejoined Commission discussion. Lamont stated that a letter had been received from local minister John Roe regarding the Development Goals. His ctiticism was that churches were only mentioned in Development District 4, and that consideration should bP riiven to churches in other distri is e_. ft • s Planning & Zoning Meeting Minutes November 5, 1985 Page 5 of 6 Town of Avon Development Plan - Resolution #85-36 Adopting De ielopment Plan. Cont. well. He explained that the narrative had peen simplified and that asterisk indicated new language on pages 1-3, 9-10, 11, 14, 15-18, 21 and 22. Discussion followed. Mobile home parks were discussed. Dave Sage, representative of owner of Benchmark Mobile Home Park stated that the Master Plan does not address the and use of the park, and the language relates to zoning matters rather than Development Plan matters. He stated that end use might be multi -family, with possible light commercial use on the site. He did not {eel that Master Plan addressed the use in that way. He stated that language in Development Plan relates to conversion of the park from its use to its end use. He felt that if language was not changed, it might lead to misinterpretation by the public. When conversion of property does come about, there will be issues to negotiate with zoning requirements that are not appropriate in the Development Plan. Bill Past, legal representative of owner stated that specific concern of language is that it leads public to believe that park could be divided into very small lots that they could then buy to place their trailers on. Post felt that was very unlikely because he did not feel the town would want that and th�, owners probably would not do that either. He stated it would 13e misleading to subsequent administrators and to the people living there. Post stated they are requesting a recommendation that the specific language be taken out and be addressed in generalities as an ultimate objective for that parcel. Discus=ion followed. Gersbach felt that mobile home part: was being looreed at as a residential area. He felt that owners were riot looking at it that way, but as a holding pattern. Lamont felt that district should be looked at as a residential district. Post stated that they were asking for the land to be developed as residential, but to perhaps include some light commercial. Cuny did not fPAl that the property owners needed to guarantee the re=idents a p+.ce to live. Donaldson felt language would impede potential sale of property and would probably not be developed then. He did not feel that 160 displaced persons would ever- find a comparable situation. Donaldson recommended that Council adopt the Development Plan Goals as presented with the modifications of churches being allowed as a Special Review Use in all other zone districts, that typographical errors be corrected, and that the section on mobile home parks be held from approval for further review by the Commission. Maddox seconded. Passed unanimously. Wim, Planning & Zoning Meeting Minutes November 5, 19e5 Page 6 of 6 s s Reading and Approval of P & Z Minutes of 10/15/85 Regular Meeting Maddox motioned to approve the minutes of October 15, 19135 meeting as submitted. Donaldson seconded. i Passed unanimously. There being no new or other- business to discuss, Landauer motioned v► to adjourn the meeting. s Cuny seconded. Passed unanimously. Meeting adjourned at 11:20 PM. Tcorld ctfulted, r9M. Loch Secretary p // Commission Approval Date M. Blair P. Cuny T. Landauer C. Dingwel J. Maddox M. Dunaldsi C. Gersbacl