PZC Packet 110585STAFF REPORT TO PLANNING & ZONING COMMISSION - 11/5/85
Lot 45, Block 2, Benchmark at Beaver Creek
Falcon Pointe Lodge
Zone Change from RHLD (Residential High and
Low Density) to SPA (Specially Planned Area)
Public Hearing
INTRODUCTION:
ALU Venture and Resort America Development as represented by Dennis D. Cole has
requested a zone change from RHLD (Residential High and Low Denisty) to SPA
(Specially Planned Area) for Lot 45, Block 2, Benchmark at Beaver Creek. The
purpose of the requested zone change is to allow the resubdivision and subsequent
time-share of the existing building on Lot 45 (Falcon Pointe Lodge).
This request follows a previous request to rezone Lots 45 and 46, Block 2,
Benchmark at Beaver Creek from RHLD to RHDC (Residential High Density and
Commercial) which would allow time-share as a Fpecial Review Use. Following
public hearings, the Planning and Zoning Commission recommended denial of the
requested zone change, and Town Council action sutsequently followed this
recommendation.
The applicant feels the zone change request provides a means for dealing with
stated basis for the Commission's recommendation of denial of the previous
zone change request. The basis of this recommendation was:
a) The RHDC Zone District allows commercial uses such as automobile service
stations, which are not compatible with existing and allowed uses in the
surrounding area;
b) The increased densities and building heights allowed in the RHDC Zone
District are inconsistent and incompatible with existing development
in the surrounding area;
c) The impact of allowing time-share as a Special Review Use in the RHLD
Zone District encompasses all the residential development arour.! Nottingham
Lake plus Benchmark Condominiums and Sunridge Phase I. Time-share, as
a Special Review Use, would be incompatible with much of the existing
development in this Zone District; and
d) Consideration was given to the strong public apposition from neighboring
property owners.
The SPA (Specially Planned Area) provides a method of addressing all of the
above concerns except (d), as the development is allowed only in accordance
with an adopted plan. The adopted plan includes allowed uses, densities,
building restrictions and other pertinent zoning matters.
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Staff Report to Planning & Zoning Commission - 11/5/85
Lot 45, Block 2, Benchmark at Beavev Creek
Falcon Point. Lodge
Zone Change from RHLD (Residential High and
Low Density) to SPA (Specially Panned Area)
Public Hearing
Page 2 of 7
STAFF COMMENTS:
The following criteria is suggested for review of the proposed zone change and
proposed use. Staff comments follows each criteria listed:
1. Is the proposed zone change and use compatible with the surrounding area?
Continent: The proposed zone change provides for the same building area,
uGiTding height, open space, and density restrictions as the existing
RHLD zone district. Time-share ownership results in short-term occupancy
of the units which is consistent with current uses in Beaver Creek West,
Beaver Bench Condominiums and the existing duplexes in the area along
Beaver Creek Boulevard;
2. is the proposed zone change and use in harmony with the character of
the neighborhood?
Comment: The character of the proposed use, time-share, is very similar
to the short-term occupancy uses which is predominant in the surroundino
area;
3. What is the need for the propised development?
Comment: Time-share has been the most successful method of marketing
projects in the area. Christie Lodge is the only active time-share
project in the Town of Avon at this time, and the developers anticipate
this project will be sold out by the end of this year.
4. What is the effect of the proposed Specially Planned Area upon the
immediate area?
Comment: The existing project currently houses approximately 80 full
time residents. The proposed Specially Planned Area will displace these
residents. Consideration should be given to how these residents will be
displaced and the availability of similar long term housing in the area.
Subdivision Regulations require that satisfactory evidence be provided
that the conversion of an existing project to time-share will not have
a detrimental effect on the availability of lona term rental housing
or accommodations in the Town.
Staff Report to Planning A Zoning Commission - 11/5/85
Lot 45, Block 2, Benchmark at Beaver Creek
Falcon Pointe _,.dge
Zone Change from RHLD (Residential High and
Low Density) to SPA (Specially Planned Area)
Public Hearing
Page 3 of 7
4. Comment, Con't.: In addition, the effects of the prop -sed Specially
Planned Area upon the immediate area are primarily traffic, parking
and transportation related. It is critical that adequate on-site
parking be provided for the project to minimize use of adjacent project
parking lots. Traffic on the driveway shared with adjo ning projects
can be expected to increase, primarily during summer months when public
transportation service is reduced and recreational activities are more
varied. Driveway improvements and provision of adequate parking spaces
will minimize the effect of the proposed Specially Planned Area upon
the immediate area.
The proposed Specially Planned Area is expected to increase demand upon
the public transportation system. This impact can be partially mitigated
by construction of a bus stop at Benchmark Road. Current Town regulations
provide the structure for mitigating the remaining impacts of this effect;
5. What is the effect of the proposed Specially Planned Area upon the future
development of the area?
Comment: Only one lot in the immediate area is undeveloped at this time.
If this project is successful, this Specially Planned Araa could spur the
development of this lot much sooner than is otherwise expected. This
Specially Planned Area could also add impetus to the development of
commercial areas in the Town by providing higher occupancy rates and an
expanded market for commercial activities;
6. Is an exception from the zoning ordinance requirements and limitations
warranted by virtue of the design and amenities incorporated in the
development Plan?
Comment: The development plan includes a tennis court, indoor swimming
pooT—a-n-d other recreational amenities to meet the needs of occupants of
the project;
7. Can land surroundinq the proposed Specially Planned Area be planned in
coordination with the proposed Specially Planned Area?
Comment: The Specially Planned Area was planned as a portion of an overall
project which also included the one remaining undeveloped tract.
Staff Report to Planning & Zoning Commission - 11/5/85
Lot 45, Block 2, Benchmark at Beaver Creek
Falcon Pointe Lodge
Zone Change from RHLD (Residential High and
Low Density) to SPA (Specially Planned Area)
Public Hearing
Page 4 of 7
8. Is the proposed change to Specially Planned Area in conformance with the
general intent of the Master Plan and the general Zoning Code of the Town
of Avon?
Comment: The proposed Specially Planned Area zoning restrictions conform
with the existing zone district restrictions with the exception of allowing
time-share ownership. The short-term occupancies resulting from time-share
ownership is an allowed use within the current RHLD Zone District and is
in conformance with the Town Master Plan.
Conformance with the Zoning Code is dependent upon the assignment of
adequate Residential Development Rights for the proposed project.
These numbers should be verified through the design review and subdivi-
sion process;
9. Are the existing and proposed streets suitable and adequate to carry
anticipated traffic within the proposed district and in the vicinity
of the proposed district?
Comment: The impact of the proposed project on existing and proposed
pubic streets is expected to be negligible. The major impact will be
on the common driveway (entrance) shared with adjacent projects. This
impact can be mitigated by widening and resurfacing, plus improvements
to grades and drainage at Benchmark Road;
10. Are existing and proposed utility services adequate for the proposed
development?
Comment: Utility services are adequate for existing development and
increases in demand for proposed development are expected to be
insignificant;
11. Does the Specially Planned Area create a desireable and stable environment?
Comment: One of the expected results of a time-share project is a more
consistent occupancy rate throughout the year. Time-share projects tend
to have a much higher occupancy rate during summer and off-season months
than other types of short-term occupancy projects;
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Staff Report to Planning & Zoning Commission - 11/5/85
Lot 45, Block 2, Benchmark at Beaver Creek
Falcon Pointe Lodoe
Zone Change from RHLD (Residential High and
Low Density) to SPA (Specially Planned Area)
Public Hearing
Page 5 of 7
12. Does the Specially Planned Area make it possible for the creation of a
creative innovation and efficient use of the property?
Comment: The existing project has not been economically marketable as
it exists. The proposed Specially Planned Area allows an economically
feasible marketing method as well as benefitting the community through
anticipated higher occupancy rates.
STAFF RECOfM1ENDATIONS:
After Commission review of the criteria outlined above, Staff recommends the
Commission make the following determinations:
1. The proposed zone change and use is compatible with the surrounding area;
2. The proposed zone change and use is in harmony with the character of the
neighborhood;
3. The proposed development is needed to provide a desired product in the
Town of Avon in the near future;
4. The effect of the proposed Specially Planned Area is minimal subject to
the following conditions:
a) Assurances regarding availability of suitable housing and provisions
for the relocation of current full-time residents within the project;
b) Completion of improvements to the exihL ng common entrance shared
with adjoining properties;
c) Provision of adequate on-site parking (1 space per 600 sq. ft. of
total unit area, but not less than 1 space per unit);
d) Corstruction of a bus stop on Benchmark Road;
5. The effect of the proposed Specially Planned Area upon the future
development of the area is minimal;
6. An exception from the zoning ordinance requirements and limitations is
warranted by virtue of the design and amenities incorporated in the
Development Plan;
Staff Report to Planning & Zoning Commission - 11/5/85
Lot 45, Block 2, Benchmark at Beaver Creek
Falcon Pointe Lodge
Zone Change from RHLD (Residential High and
Low Density) to SPA (Specially Planned Area)
Public Hearing
Page 6 of 7
7. Land surrounding the proposed Specially Planned Area can be planned in
coordination with the proposed Specially Planned Area;
8. The proposed change to Specially Planned Area is in conformance with the
general intent of the Master Plan and general Zoning Code of the Town
of Avon;
9. The existing and proposed public streets are suitable and adequate to
carry anticipated traffic in the vicinity of the proposed district;
10. The existing and proposed utility services are adequate for the proposed
development;
11. The Specially Planned Area creates a desireable and stable environment;
12. The Specially Planned Area makes possible the creation of a creative
innovation and efficient use of the property.
If the Commission concurs with these detern: nations, Staff recommends the attached
report be adopted and forwarded as a recommendation to Town Council.
RECOMMENDED PROCEDURE:
1. Introduce requested Zone Change;
2. Presentation by applicant;
3. Public Hearing;
4. Review suggested criteria;
5. Make determinations based on criteria;
6. Adopt report with recommendations to Town Council.
Respectfully Submi� ted,
Norm Wood
Director of Engineering and
Community Development
Staff Report to Planning & Zoning Commission
Lot 45, Block 2, Benchmark at Beaver Creek
Falcon Pointe Lodge
Zone Change from RHLD (Residential High and
Low Density) to SPA (Specially Planned Area)
Public Hearing
Page 7 of 7
Planning and Zoning Action:
- 11/5/85
Approved as Submitted ( ) Approved with Recommended Conditions ( )
Approved with Modified Conditions ( ) Continued ( ) Denied (>(� Withdrawn ( )
Date S Patricia Cuny, Secretary
RECOMMENDED COUNCIL ACTION:
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TO: Honorable Mayor and Town Council Nl.,mbers
FROM: Avon Planning and Zoning Commission
DATE: November 5, 1985
RE: Requested Zone Change from RHLD to SPA
Lot 45, Block 2, Benchmark at Beaver Creek
At the regular meeting of November 5, 1985, the Planning and Zoning Commission
considered a zone change request for Lot 45, Block 2, Benchmark at Beaver Creek.
The application was to revise the zoning to SPA from RHLD. Followino a public
hearing on the requested zone change, the Commission recommends Council not
approve the requested zone change from RHLD to SPA.
This recommendation for denial is based upon the Commission havinq made the
following determinations after holding a public hearing and reviewing the
requested zone change:
1. The proposed zone change and use is not compatible with the surrounding
area;
2. The proposed zone change and use is not in harmony with the character of
the neighborhood;
3. The proposed development is not needed to provide a desired product in
the Town of Avon,
4. The effect of the proposed Specially Planned Area is not desireable
because of displacement of long term residents;
5. The effect of the proposed Specially Planned Area upon the future
development of the area i; L"trimental to long range development;
6. An exception from the zoning ordinance requirements and limitations is
warranted by virtue of the desit,n and amenities incorporated in the
Development Plan;
7. Land surrounding the proposed Specially Planned Area cannot be planned
in coordination with the proposed Specially Planned Area;
8. The proposed change to Specially Planned Area is not in conformance with
the general intent of the Master Plan and general Zoning Code of the
Town if Avon;
9. The e;:istino and proposed public streets are suitable and adequate to
carry anticipated traffic in the vicinity of the proposed district;
10. The existing and proposed utility services are adequate for the proposed
development;
Memo to Mayor and Council Members
From Avon Planning and Zoning Commission
November 5, 1985
Requested Zone Change from RHLD to SPA
Lot 45, Block 2, Benchmark at Beaver Creek
Page 2 of 2
11. The Specially Planned Area creates an undesireable and unstable environ-
ment;
12. The Specially Planned Area does not make possible the creation of a
creative innovation and efficient use of the property.
The Commission further recommends Council consider these same factors in making
a decision regarding the requested zone change.
Qt6l�z� Patricia Cuny, Secreta Michael S. Blair, Chairman