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PZC Packet 120286STAFF REPORT TO PLANNING & ZONING COMMISSION - 12/2/86 Lot 12, Block 2, Benchmark at Beaver Creek Special Review Use (Transfer of Residential Development Rights from Unassigned Unit Pool) Public Hearing - Continued from 11/6/86 Regular Meeting INTRODUCTION: This application is for approval of a Special Review Use to transfer eight (8) Residential Development Rights from the Benchmark at Beaver Creek Unassigned Unit Pool to Lot 12, Block 2, Benchmark at Beaver Creek Subdivision. Lot 12 is located along West Beaver Creek Boulevard, between Buck Creek Condominiums (Lot 13) and Alpenflora Condominiums (Lot 11). Town records indica'-� that the Benchmark at Beaver Creek Unassigned Unit Pool currently contains 8 Residential Development Rights. With this transfer, the Unassigned Unit Pool would have no remaining Development Rights. Lot 12, Block 2, Benchmark at Beaver Creek was originally platted with 12 Residential Development Rights. Town records indicate that in June, 1979, 4 Residential Development Rights were transfered from Lot 12, Block 2, to Lot 7, Block 1, Benchmark at Beaver Creek, which is currently Balas West Townhouses. Also, In January, 1980, another 4 Residential Development Rights were transfered from Lot 12, Block 2, to the Unassigned Unit Pool, leaving Lot 12, Block 2, with an assigned density of 4 Residential Development Rights. Lot 12 is located in the RHLD Zone District which allows an average of 20 units/acre. The transfer of 8 Residential Development Rights to Lot 12 would result in a density equivalent to the original 12 Development Rights or 17.4 units/acre. STAFF COMMENTS: This item was continued from previous meetings so that Staff could verify the number of units left in the Benchmark at Beaver Creek Unassigned Unit Pool. Due to an error in Benchmark Companies records, the Unit Pool was shown as having only 4 Residential Develcament Rights available for transfer. Benchmark Companies records showed that 4 bevelopment Rights had been transfered from Lot 12, Block 2, to Lot 7, Block 1, Benchmark Subdivision, and 4 Development Rights had been transfered from Lot 5, block 1, to Lot 7, Block 1. The transfer from Lot 5 to Lot 7 never took place. As a result, when the Lot 5 area was replatted and the excess Development Rights went into the Unit Pool, the 4 Development Rights from the Lot 5 to Lot 7 transfer should have gone into the Unit Pool as well, resultirg in a total of 8 Development Rights in the Unit Pool instead of 4. Staff has retraced the entire history of Development Right transfers in the Town and has put together a complete package of documentation to verify each transfer to date. Staff Report to Planning & Zoning Commission - 12/2/86 Lot 12, Block 2, Benchmark at Beaver Creek Special Review Use (Transfer of Residential Development Rights from Unassigned Unit Pool) Public Hearing Page 2 of 3 According to Section 17.20.020 of the Zoning Code, in approving a Special Review Use, the Planning and Zoning Commission shall make a findiig that the conditions outlined below are satisfied, and that granting the Special Review Use will make possible the reasonable use of the land. 1. Determinations: a. Does the proposed use otherwise comply with all requirements imposed by the Zoning Code? b. Is the proposed use consistent with the objectives and purposes of the Zoning Code and applicable zoning district? c. Is the proposed use designed to be compatible with surrounding land uses and uses in the area? 2. Considerations: a. The adequacy of access to the site with respect to the width of the adjacent streets, their grades, intersection safety, visibility and entrance into the lot to be developed; b. Whether there exists safe access and sufficient water pressure to provide fire protection; c. The existent water pressure in the area and the ability of the water system tG supply domestic needs; d. Whether there will be provided sufficient off-street parking as determined by (1) the intended use of the property, (2) walking distance to the downtown area, and (3) the availability of public transportation; e. The impact of the development considering the potential for stream and air pollution, the availability of public transportation and other public or private services, and any other factors affecting the overall development and the surrounding areas, including but not limited to building height, view plane, drainage, and other physical and aesthetical features. Staff Report to Planning & Zoning Commission - 12/2/86 Lot 12, Block 2, Benchmark at Beaver Creek Special Review Use (Transfer of Residential Development Rights from Unassigned Unit Pool) Public Hearing Page 3 of 3 RECOMMENDED ACTION: 1. Introduce application; 2. Presentation by applicant; 3. Public Hearing; 4. Planning and Zoning Commission review of Special Review Use criteria; 5. Adopt Resolution 86-5, with appropriate modifications. Respectfully Submitted, ay right Engineering Technician Planning & Zoning Action: Approved as Submitted (x) Approved with Recommended Conditions ( ) Approved with Modified Conditions ( ) Continued/ ( ) Denied ( ) Withdrawn ( ) Date �pt�T Patricia Cuny, Secretary L�, fz 1&4a:zle4 RW/mml STAFF REPORT TO PLANNING & ZONING COMMISSION - 12/2/86 Nottingham Ranch - Stockyard Property Nottingham Station Zoning and Subdivision Sketch Plan INTRODUCTION: Nottingham Ranch Company has submitted a petition for the annexation of a parcel of land on the east side of Avon Road between the D & RGW Railroad and the Eagle River. This parcel contains 1.36 acres and is commonly referred to as the stockyards property. The Annexation Petition was accompanied by an Annexation Agreement outlining conditions under which the annexation was requested. This agreement addresses requested zoning and subdivision of the Stockyards Property as well as Nottingham Station which is currently within the Town boundaries. This agreement was submitted by the owners of both properties. The Annexation Agreement and Annexation Petition were presented to the Town Council at the November 25, 1986 meeting. The Town Council took no formal action at this meeting but requested the applicant make specific changes to the Annexation Agreement. STAFF COMMENTS: The Town Council has not officially accepted the Annexation Petition for the Stockyards Property. Notices of Public Hearing for the zone change application have been mailed and posted, but the Planning and Zoning Commission should not act on these applications until the Annexation Petition is officially accepted by the Town Council. The public hearing should be cancelled and then rescheduled after the Town Council has officially accepted the Annexation Petition. RECOMMENDED ACTION: Cancel public hearing. /Respectfully Submitted, v' Norm ood Director of Engineering and Community Development Planning & Zoning Action: NW/mml 401 w; •1