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TC Ord. No. 1984-13TOWN OF AVON ORDINANCE NO. 84-13 Series of 1984 AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 17.22 OF THE MUNICIPAL CODE OF THE TOWN OF AVON, MAKING NECESSARY RELATED AMENDMENTS TO THE ZONING CODE OF THE TOWN!OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. WHEREAS, the Town of Avon has heretofore adopted certain provisions permitting the fractionalization of development rights within the Town of Avon, and WHEREAS, the Town has determined that it would be desirable and consistent with the purposes and goals'of the original regulations to provide for the creation of accommodation suites, as defined herein, under the fractionalization process, and WHEREAS, such provisions would require,the amendment of certain related sections of the Municipal Code of the Town of Avon, NOW, THEREFORE, be it ordained by the Town Coun- cil of the Town of Avon: Section 1. Section 17.22.020', Subsection D, of the Municipal'Code of the Town of Avon shall be and hereby is amended to read as.follows: D. Fractions of a whole Residential Development* Right can be converted, at the'applicant's election pursuant to the administrative procedures established, to any, combinaton"of-housing,-types, based upon the application of the following fractions to the fractionalization formula: Unit Size 2 Bedroom Unit 1 Bedroom Unit Efficiency Unit Accommodation Suite Accommodation Unit Section 2. the Municipal Code of is amended to read as Fraction.of a Development Riaht 3/4 1/2 1/3 4/10 1/4 Section 17.22.020, Subsection F, of the Town of Avon shall be and hereby follows: F. Total maximum gross residential floor area of units created through the fractionalization system established under this Chapter, other than accomodation suites, shall be determined by multiplying the number of residential-DR's to be so fractionalized by.a constant of 1,800 square feet. The gross residential floor area of each such unit (other than accomodation suites) shall be within the discretion of the fractionlizing property owner, provided that the gross floor area of any unit created through this fractionalization process, except an accomodation suite, shall not exceed 1,800 square feet. Total maximum gross residential floor area of accomodation suites created through the fractionalization system established under this Chapter shall be determined by multiplying the number of residential DR's to be so fractionalized by a constant of 1,500 square feet. The gross residential floor area of each such accomodation suite shall be within the discretion of'the fractionlizing property owner,,provided that the gross floor area of any, accomodation suite created through this fractionalization process shall not exceed an average of 600 square feet. Section 3. The Municipal Code of the Town of Avon shall be and hereby is amended by the addition of a new section, which shall be identified as Section 17.08.025, which shall read as follows: 17.08.025 Accommodation suite. "Accommodation suite" means any room or group of rooms with not more than one bedroom, one bathroom, and one kitchen accessable from a common corridor, walk, or balcony without passing through another accommodation unit, accommodation suite or dwelling -unit. Section 4. Section 17.08.030 of the Municipal Code of the Town of Avon shall be and hereby is amended to' read as follows: 17.08:030 Accommodation unit. "Accommodation unit" means any-room or group of-rooms-without a kitchen, accessable from a common corridor, walk, or balcony without passing through another accommodation unit, accommodation- suite or dwelling unit. ,..Section 5. Section 17.-08:340 of the Municipal Code of the'Town of Avon shall be.andhereby is amended to read as follows: 17.08.340 Hotel-, motel and lodge., "Hotel; "motel," and "lodge" means a building containing three or more accommodation units or accommodation suites,-not including time-sharing units, intended for temporary occupancy of guests. Accessory use facilities may consist of an office, laundry facilities used by the occupants, recreation facilities, a lobby or lounge, kitchen and dining facilities and similar accessory uses commonly found in association with a commercial hotel or lodge operation and meeting requirements of the particular zone district in which the building is located. Section 6. The Municipal Code of the Town of Avon shall be and hereby is amended by the addition of a new section, which shall be identified as Section 17.22.030, which shall read as follows: 17.22.030. Limitations on use of accommodation units and accommodation suites. Accommodation units and accommodation suites shall be permitted-only in buildings or portions of buildings operated as a hotel or time-share project to the exclusion of long-term occupancy. Section 7. Severability. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance, and the Town Council for the Town of Avon hereby declares it would have passed this Ordinance and each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section-8. Penalties and Fines. Any person who violates any provision of this Ordinance shall-be punished by a fine of not more than five hundred dollars or by imprisonment for a period of not more than ninety days or'by both such fine and imprisonment; provided; no person under the age of eighteen years shall be,punished by imprisonment. Any such person,shall'be guilty, oofa separate- offense for each and everyday during any portion of.which a violation of any provision of this code is.committed, continued, or, permitted by'such person and shall be punished accordingly. INTRODUCED, PASSED ON'FIRST READING, APPROVED AND ORDERED, POSTED, THIS 8th day of January,.1985, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the 22nd day of January , 1985 at 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Dav%s; Mayor Pro Te ATT P ricia J.6poy Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this day of , 1985. Allan R:'Nottingham, Mayor ATTEST: Patricia J. Doyle Town Clerk ORD3/ Fractionalization/TM 010385 ORDINANCE NO. 84-13 AN ORDINANCE AMENDING TITLE 17 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO SIZES OF UNITS TO BE PERMITTED BY FRACTIONALIZATION AND TO DELETE THE DEFINITION OF "EFFICIENCY UNIT." WHEREAS, Chapter 17.22 of the Municipal Code of the Town of Avon allows fractionalization of residential development rights so as to permit construction of a greater number of dwelling units provided such dwelling units are of a smaller size; and WHEREAS, said,Chapter,12.22 categorizes the smaller dwelling units to be permitted.'by the fractionalization-process as two-bedroom,.,one-bedroom, efficiency and accommodation units; and WHEREAS, the fractionalization process will be more easily and more fairly administered on the basis of, square-footage than as aforesaid; and WHEREAS, the square-footage contained herein is based upon the experience of the Town in the administration of fractionalization; NOW, THEREFORE, BE IT ORDAINED BY-THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Repeal. Section 17.08.265, Chapter 17.08, Title 17 of the Municipal Code of the Town is re- pealed. Section 2. Amendment. Section 17.22.020, Chapter 17.22, Title 17 of the Avon Municipal Code is amended to read as follows: 1117.22.020 Fractionalization of development rights. A. This chapter provides for a fractionalization formula which establishes the terms, conditions; and limita- tions, whereby`a residential development right may be fractionalized: 1. Hotel-lodge development rights may not be fractionalized: 2. Development rights may be fractionalized only on lots zoned (either through conventional zoning-or SPA designation) for triplex or larger multifamily use. 3. Projects for which.a temporary or permanent certificate of occupancy has been issued-shall not be fractionalized. 4. Any unit constructed based upon a fractionalized residential development right may not exceed a gross residential floor area of one thousand five hundred square feet. 5. This section shall apply only to those res- idential development rights declared by the applicant for fractionalization. B. The town manager shall establish the adminis- trative process for implementing the provisions of this chapter, which process shall be approved by the town council prior to implementation. C. The fractionalization process shall be effect- ed using a formula predicated upon a fraction which, when multiplied by the quantity of housing units desired, yields the development rights required, which may be illustrated as follows: (Number of ) (Fraction applicable-to)= (Residential develop- (proposed units) x (size of proposed unit) (ment rights required) Conversely, to determine the number of fractiona- lized housing units which may be constructed, the number of residential development rights available shall be divided by the fraction applicable to the desired housing type illustrated as follows: Residential development rights available Applicable fraction Number of fractionalized units possible D. Fractions of a whole residential development right can be converted, at the applicant's election pursuant -,to the administrative procedures.established, to any com- bination of housing types, based upon the application of the following fractions to the fractionalization formula: Maximum---Unit- Size - Fraction of DR 3T4 750, Sq. Ft - 1/2 500-, Sq: Ft; 1/3 375- Sq, .Ft. 1/4 "E. The total number of units permitted on any parcel as a result of fractionalization may exceed the density limitations imposed on the parcel by the general limitations of the zoning code; provided, that the total number of units prior to fractionalization shall not exceed such general limitations. "F. Total maximum gross residential floor area-of units fractionalized under this chapter shall be determined by multiplying the number of residential DR's to be fractionalized by a constant of one thousand five hundred square feet. The gross residential floor area'of a unit is at the discretion of the fractionalizing property owner, provided that the gross floor area of any unit fractionalized under this chapter shall not exceed one thousand five hundred square feet. "G. The calculation of gross residential floor area shall include the inside dimensions of the outside walls of a dwelling unit, exclusive of portions of unfin- ished basements or attic space used for solar heat storage, solar porches, and attached or independently sited garages with inclusive storage area. In multi-unit structures, being triplexes or more, all general common areas which shall not include common elements within a living unit are excluded. "H. Subsequent to the completion of a development project which includes units fractionalized under- this chapter, the issuance of an occupancy-permit and the veri- fication of available unused development rights by the town, the property owner may transfer excess development rights - 2 - according to the special review procedure. Only whole residential development rights may be.transferred. "I. A certificate of occupancy-may be issued to the project.only upon the determination that sufficient residential'development rights"are assigned to.the project or upon acquisition and assignment.of sufficient residential development right to the project." Section 3. Severability. If any part, section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council for the Town of Avon hereby declares it would have passed this Ordinance and each part, section, sub-section, sentence, clause or phrase thereof, irrespec- tive of the fact that any one or more parts, sections, sub-sections, sentences, clauses or phrases be declared invalid. INTRODUCED, PASSED ON FIRST READING, A POSTED, THIS day of and a public hearing on this Ordinance regular meeting of the Town Council of Colorado, on the day of - 7:30 P.M. in the Municipal Building of Colorado. PPROVED AND ORDERED 198 shall-be held at the the Town of Avon, 1985 at the Town of Avon, Allan R. Nottingham, Mayor ATTEST: Patricia J. Doyle Town Clerk INTRODUCED,' PASSED ON SECOND READING, APPROVED AND ORDERED_ POSTED this day of , 1985. Allan R. Nottingham, Mayor ATTEST: Patricia J. Doyle Town Clerk 3 d PETER COSGRIFF JOHN W. DUNN ROBERT H. S. FRENCH STEPHEN C.WEST TIMOTHY H. BERRY ARTHUR A.ABPLANALP. JR. JOHN B. WOOD LAW OFFICES COSGRIFF, DUNN FRENCH, P C. P. O: BOx 340 VAIL.COLORADO 61658 (303)476-7552-' LEADVILLE OFFICE= P. O. BOX II LEADVILLE, COLORADO 80461 (303) 486-1885 BRECKENRIDGE OFFICE' P. O. BOX S88 BRECKENRIDGE. COLORADO 80424 (303) 4S3-2901 To: Bill James From: Arthur A -Abplanalp, Jr. - Date: 3. January- 1984 Subject:.Alternative Amendments to-Fractionalization Ordinance You will find enclosed two alternative versions of Ordinance 84-13, which ,I have prepared in accordance with your directions. Alternative No. 1 is that which is generally in accordance with the directions given by the Town Council. Alternative No.'2 conforms with your desire that-a lower limit be imposed upon accomodation suites than that otherwise under consideration; but that some flexibility be permitted in the composition of the_ accomodation suite. Unfortunately, I must observe that neither. proposal resolves the concerns expressed in my~memorandum to you dated-the 15th of November, 1984, and dealt with at length during the November meeting during which this matter was most recently discussed by the Town Council. TOWN OF AVON ORDINANCE NO. 84-13 Series of'1984 (Alternative No. 1) AN ORDINANCE AMENDING,THE PROVISIONS OF CHAPTER 17.22 OF -.THE MUNICIPAL CODE OF THE TOWN OF-AVON,--MAKING NECESSARY RELATED AMENDMENTS TO THE ZONING CODE OF THE TOWN OF AVON AND PROVIDING PENALTIES FOR THE-VIOLATION THEREOF. WHEREAS, the Town of Avon has heretofore adopted certain provions permitting the fractionalization of development rights within the Town of Avon, and WHEREAS, the Town has determined that it would be desirable and consistent with the purposes and goals of the original regulations to provide for the creation of accommodation suites, as defined herein, under the fractionalization process, and WHEREAS, such provisions would require the amendment of certain related sections of the Municipal Code of the Town of Avon, NOW, THEREFORE, be it ordained by the Town Coun- cil of the Town of Avon: Section 1. Section 17.22.020,.Subsection D, of the Municipal Code of the Town of Avon shall be and hereby is amended to read as follows: D. Fractions of a whole Residential Development Right can be converted, at the applicant's election pursuant to the administrative procedures established, to-any combination of housing types, based upon the application of the following fractions to the fractionalization formula:. Unit Size Fraction of a'Develo went Right 2 Bedroom Unit 3/4 1 Bedroom Unit 1/2 Efficiency Unit 1/3 Accommodation Suite 1/3 Accommodation Unit 1/4 Section 2. Section 17.22.020, Subsection F, of the Municipal Code of the Town of Avon shall be and hereby is amended to read as follows: F. Total maximum gross residential floor area of units created through the fractionalization-system established under-this Chapter, shall_be determined by multiplying the-number of residential, DR's to be fractiorialized- by :a- constant of 1,800 square- feet. The gross residential floor area of each.such_uhit-shall be within the discretion of the fractionlizin- ro ert owner, provided 1 that the gross floor area--of any, unit created through_this.fractionalization process, except an accomodaton suite, shall not exceed 1,800 square feet-and (2) that the gross floor area of and Adcomodation suite created through this fractionalization process shall not exceed 600 square feet. Bracketted provisions have been suggested for deletion-- Asterisks M -indicate deletions since last draft- Underlining indicates changes since last draft-- Section 3. The Municipal Code of the Town of Avon shall be and hereby is amended by the addition of a new section, which shall be identified as-Section 17.08.025, which shall read as follows: 17.08.025 Accommodation suite. "Accommodation suite ` means,any room or group'of-rooms with not more than one,bedroom,'one bathroom, and,one kitchen, [all of which are designed for or adapted to occupancy by overnight guests,.and],accessable from a common corridor, walk, or balcony without,pas,sing'.through another accommodation unit, accommodation suite or-dwelling unit. Section 4. Section'17.08.030 of the Municipal Code of-the Town of Avon shall be and hereby is amended to read as follows: 17.08..030 Accommodation unit. "Accommodation unit" means any room or group of rooms-without ,a kitchen, [designed for or adapted to occupancy by overnight guests and] accessable from a common corridor, walk, or balcony without passing through another accommodation unit, accommodation suite or dwelling unit. Section 5. Section 17.08.340 of the Municipal'. Code of the Town of Avon shall be and hereby is.amended to read as follows: 17.08.040 Hotel, motel and lodge. "Hotel, "motel," and "lodge" means a building containing three,or more accommodation units or accommodation suites, not including time-sharing units, intended for temporary occupancy of guests. Accessory use facilities may consist of an office, laundry facilities used by the occupants, recreation facilities, ,a lobby or lounge, kitchen and dining facilities and similar accessory uses commonly found in association with-a commercial hotel or lodge operation and meeting requirements of the particular zone district in which the building is located. Section 6. The Municipal Code of the Town of Avon shall be and hereby-is amended by the addition of a 'new section, which shall be identified as Section 17.22.030, which shall read as follows: 17.22.030. Limitations on use of accommodation units and accommodation suites. Accommodation units arid_ accommodation suites shall be permitted only in buildings or portions of buildings operated [solely], as a hotel or - time=share project to the exclusion of long=term occupancy. [Accommodation units and accommodation suites shall be permitted only in buildings or designated portions of buildings which are entirely under a single unsubdivided ownership,-or in buildings which are entirely under a time-share subdivision, in which ownership of more than five successive weeks of'time-share ownership by a single owner is prohibited.] [It shall be unlawful for any person to enter into any agreement by which a unit identified by plat"or other designation to the Town of Avon by the owner or developer as an accommodation unit or accommodation suite under Chapter 17.22 of this Code shall be placed under a lease of thirty days or more, or to occupy any such accommodation unit or accommodation suite fora period of thirty days or more out of any sixty days.] Section-7. Severability. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance, and the Town Council for the Town of Avon hereby declares it would have passed this Ordinance and each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 8. Penalties and-.Fines. Any person who violates any provision of this Ordinance shall be punished by a fine of not more than five hundred dollars or by imprisonment fora period of not more than ninety days or by both such fine and imprisonment; provided, no person under the age of,eighteen years shall be punished by imprisonment. Any such person shall be guilty of a separate offense for each and every day during any portion of which a violation of any provision of this code is committed, continued, or permitted by such person and shall be punished-accordingly. INTRODUCED, PASSED ON FIRST READING, APPROVED AND.ORDERED POSTED, THIS day of , 1985, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of , 1985 at 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Allan R. Nottingham, Mayor ATTEST: Patricia J. Doyle Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this day of , 1985. Allan R. Nottingham, Mayor ATTEST: Patricia J:'Doyle Town Clerk ORD3/ Fractionalization-Amend 010385 TOWN OF AVON ORDINANCE NO. 84-13 Series of 1984 (Alternative No. 2) AN ORDINANCE AMENDING THE"PROVISIONS OF CHAPTER 17.22 OF THE MUNICIPAL CODE OF THE TOWN, OF AVON, MAKING NECESSARY RELATED AMENDMENTS TO THE ZONING CODE OF THE TOWN OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. WHEREAS, the Town of Avon has heretofore adopted certain provions permitting the fractionalization of development rights within the Town of Avon, and WHEREAS, the Town.has determined that it would be desirable and consistent with the purposes and goals of the original regulations to provide,for the creation of accommodation suites, as defined herein, under the fractionalization process, and .WHEREAS, such provisions would require the amendment of certain related sections of the-Municipal Code of the Town'-of Avon, NOW, THEREFORE, be it ordained by the Town Coun- cil of-the Town of Avon: Section 1. Section 17.22.020, Subsection D, of the Municipal Code of the-Town of Avon shall be and hereby is amended to read as follows: D. Fractions of a whole Residential Development Right can be converted, at the applicant's election pursuant to the administrative procedures established, to any combination of housing types, based upon the application of the following fractions to the fractionalization formula:. Unit Size Fraction of a Development Right 2 Bedroom Unit 3/4 1 Bedroom Unit 1/2 Efficiency Unit 1/3 Accommodation Suite 4/10 Accommodation Unit 1/4 Section 2:" Section 17..22.020;'Subsection F; of the Municipal,Code of the Town of Avon shall be and hereby is amended to read as follows: F." Total maximum..gross residential floor- area of units created through the fractionalization system. established under this-Chapter,-other than accomodation suites, shall-be determined by multiplying the number of residential DR's to be so--fractional-ized by a constant of 1,800 s uare' feet.. -The ross_ re§id htial- floor area of each such unit (other than accomodation__suite"s shall be within the discretion of the fractionlizin ro ert owner, provided that the gross floor area o any unit created through this fractionalization process, except an Bracketted provisions have been suggested for deletion-- Asterisk's M indicate deletions since last draft-- Underlining represents changes-= accomodation suite, shall not exceed 1,800 square feet. Total maximum gross residential floor area of accomodation suites created through the fractionalization system established under this Chapter shall be determined by multiplying the number of residential DR's to be so fractionalized by a constant of 1;500 square feet. The gross residential floor area of each such such accomodation suite shall be within the discretion-of the fractionlizing property owner, provided that the gross floor area of-any accomodation suite created through this fractionalization process shall not exceed 600 square feet. Section 3. The Municipal Code of the Town of Avon shall be and hereby is amended by the addition of a new section, which shall be identified as Section 17.08.025, which shall read as follows: 17:08.025 Accommodation suite. "Accommodation suite" means any room or group of rooms * [all of which are designed for or adapted to occupancy by overnight guests, and] accessable from a common corridor, walk, or balcony without passing through another accommodation unit, accommodation suite or dwelling unit. Section 4.• Section 17.08.030 of the Municipal Code of the Town of Avon shall be and hereby is amended to read as follows: 17.08.030 Accommodation unit. "Accommodation unit" means any room or group of rooms without a kitchen, [designed for or adapted to occupancy by overnight guests and] accessable from a common corridor, walk, or balcony without passing through another accommodation unit, accommodation suite or dwelling unit. Section 5. Section 17.08.340 of the Municipal Code of the Town of Avon shall be and hereby is amended to read as follows: 17.08.040 Hotel, motel and lodge. "Hotel, "motel," and "lodge" means a building containing three or more accommodation units or accommodation suites, not including time-sharing units, intended for temporary occupancy of guests. Accessory use facilities may consist of an office, laundry facilities used by the occupants, recreation facilities, a lobby or lounge, kitchen and dining facilities and similar accessory uses commonly found in association with a commercial hotel or lodge operation and meeting requirements of the particular zone district in which the building is located. Section 6. The Municipal Code of the Town of Avon shall be and hereby is amended by the addition of a new section, which shall be identified as Section 17.22.030, which shall read as follows: 17.22.030. Limitations on use of accommodation units and accommodation suites. Accommodation units-and accommodation suites shall be permitted only in buildings or portions of buildings operated [solely] as a hotel or time-share project to the exclusion of long.-term occupancy. [Accommodation units and accommodation suites shall be permitted only in buildings or designated portions of buildings which are entirely under a single unsubdivided ownership, or in buildings which are entirely under a time-share subdivision, in which ownership of more than five successive weeks of time-share ownership by a single owner is prohibited.] [It shall be unlawful- for any person to enter into any agreement by which a unit identified by plat or other designation to the Town of Avon by the owner or developer as an accommodation unit or accommodation suite under Chapter 17.22 of this Code shall be placed under a lease of thirty days or more, or to occupy any such accommodation unit or accommodation suite for a period of thirty days or more out of any sixty days.] Section 7. Severability. If any-part, section, subsection, sentence, clause or phrase of this Ordinance-.is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance,, and'the Town Council for the Town of Avon hereby declares it would have passed this Ordinance and each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more parts, sections,'subsections, sentences, clauses or phrases be declared invalid. Section 8. Penalties and Fines: Any person who violates any provision=of this Ordinance shall be punished by a finb-of not,'more than five hundred dollars or by imprisonment for-a'period of not-more than ninety days or by both such fine and imprisonment; provided, no person under the age,-.of, eighteen, years shall', be - pun=ished ;by imprisonment. Any such person shall be guilty of a separate offense for each and every-day during any portion-of which a violation of any provision of this code is committed, continued,-or permitted-by such person and shall be punished accordingly. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, THIS day of , 1985, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of , 1'985 at 7:30.P.M. in the Municipal Building of the Town of Avon, Colorado. Allan R. Nottingham, Mayor ATTEST: Patricia J. Doyle Town Clerk INTRODUCED, PASSED ON SECOND READING; APPROVED AND ORDERED POSTED this day of , 1985. Allan R. Nottingham, Mayor ATTEST: Patricia J. Doyle Town Clerk ORD 3 Fractionalization/TM 010385 TOWN OF AVON ORDINANCE NO. 84-13 Series of 1984 AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 17.22 OF THE MUNICIPAL CODE OF THE TOWN OF AVON, MAKING NECESSARY RELATED AMENDMENTS TO THE ZONING CODE OF THE TOWN OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. WHEREAS, the Town of Avon has heretofore adopted certain provions permitting the fractionalization of development rights within the Town of Avon, and WHEREAS, the Town, has determined-that it would be desirable-and consistent with the purposes and goals of the original regulations to provide for the creation of accomodition suites, as defined herein, under the fractionalization process, and WHEREAS, such provisions would require the amendment of certain related sections of the Municipal Code of the Town of Avon, NOW, THEREFORE, be it ordained by the Town Coun- cil of the Town of Avon: Section 1. Section 17.22.020, Subsection D, of the Municipal Code of the Town of Avon shall be and hereby is.amended to -read as `follows: D. Fractions of a whole Residential Development Right can be.converted, at the applicant's election pursuant to the administrativeprocedures:establ"ished, to any combination of housing types,.based upon the application of the following fractions to the fractionalization formula: Unit Size Fraction of a Development Right 2 Bedroom Unit 3/4 1 Bedroom Unit 1/2 Efficiency Unit 1/3 Accomodation Suite 1/3 Accommodation Unit 1/4 Section 2. The Municipal Code of.the Town of Avon shall be and hereby is amended by the addition of-a new section, which shall be identified as Section 17.08.025, which shall read as follows: 17.08.025 Accomodation suite. "Accomodation suite" means-any room or group of rooms-with not more than one bedroom, one bathroom, and one kitchen, all of which are designed for or adapted to occupancy by overnight guests, and accessable from a common corridor, walk, or balcony without passing through another accomodation unit, accomodation suite or dwelling unit. [Accommodation suites may not exceed an average of 600 square feet per suite]* Section 3. Section 17.08.030 of the Municipal Code of the Town of Avon shall be and hereby is amended to read as follows: * Not recommended because already dealt with in Fractionalization Ordinance. 17.08.030 Accomodation unit: "Accomodation unit" means any room or group of rooms without a kitchen, designed for or adapted to occupancy by guests and accessable from a common corridor, walk, or balcony without passing through another accomodation unit, accomodation suite or dwelling unit. Section 4. Section 17.08.340 of the Municipal Code of the Town of Avon shall be and hereby is amended to read as follows: 17.08.040 Hotel, motel and lodge. "Hotel, "motel," and "lodge" means a building containing three or more accommodation units or accomodation suites, not including time-sharing units, intended for temporary occupancy of guests. Accessory use facilities may consist of an office, laundry facilities used by the occupants, recreation facilities, a lobby or lounge, kitchen and dining facilities and similar accessory uses commonly found in association with a commercial hotel or lodge operation-and meeting requirements of the particular zone district in which the building is located. Section 5. The Municipal Code of the Town of Avon shall be and hereby is amended by the addition of..a new_ section, which shall be identified as Section 17.22.030, which shall read as follows: 17.22.030. Limitations on use of accomodation units- and accomodation suites. Accomodation units and accomodation suites shall-be permitted only in buildings or portions of buildings operated solely as a hotel to the exclusion of long-term occupancy. Accomodation units and accomodation suites shall be permitted only in buildings or designated portions'of-buildings which are entirely under ,a single unsubdivided ownership, or,in buildings which are entirely under a time-share subdivision, in which ownership of more than five successive weeks of time-share ownership by a single owner is prohibited. It shall be-unlawful for, any person to enter into any agreement by which a unit identified by plat or other designation`to the Town df Avon'by the owner or developer as an accomodation unit or accomodation suite under'Chapter_ 17.22 of this Code shall be placed under a lease of thirty, days or more, or to occupy any-such accomodation unit or accomodation suite for a period'of'thirty days or more out of any sixty days. Section 6. Severability. If any part, section, subsection, "sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council for the Town of Avon hereby declares it would have passed this Ordinance and each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section.7. Penalties and Fines. Any person who violates any provision of this Ordinance shall'be.punished by a fine of not more than five hundreddollars'or by imprisonment for a period of not more than ninety-days or by both such fine and imprisonment;-provided, no person under the age-of eighteen years shall be punished by imprisonment: Any such person shall be guilty of a separate offense for each and every.day during any portion of which a violation of.any provision of this code is committed., continued, or permitted by such person and shall'be punished accordingly. INTRODUCED, PASSED ON FIRST READING, APPROVED-AND ORDERED POSTED,, THIS _'day of 1984, • and a -public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of , 1984 at 7:30 P.M. in-the Municipal":Building of the Town of Avon, Colorado. Allan R. Nottingham, Mayor ATTEST: Patricia J. Doyle Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this, day of 1984. Allan R. Nottingham,- Mayor ATTEST: Patricia,J..Doyle Town--Clerk ORD3/ Fractionalization-Amend 101884 TOWN OF AVON ORDINANCE NO. 84- Series of 1984 AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 17.22 OF THE MUNICIPAL CODE OF THE'TOWN OF AVON, MAKING NECESSARY RELATED AMENDMENTS TO THE ZONING_ CODE OF THE TOWN OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. WHEREAS, the Town of Avon has heretofore adopted certain provions permitting the fractionalization of development rights within the Town of Avon, and WHEREAS, the Town, has determined _that it would be desirable and consistent with the purposes and goals of the original regulations to provide for the creation of accomodition suites, as defined herein, under the fractionalization process, and WHEREAS, such provisions would require the amendment of certain related sections of the Municipal Code of the Town of Avon, NOW, THEREFORE, be it ordained by the Town Coun- cil of,-the Town of Avon: Section 1". Section 17.2'2.020; Subsection D, of the Municipal Code of the Town of Avon shall be and hereby is amended to read as follows:. D. Fractions of a whole Residential Development Right can be converted, at the applicant's election pursuant to the administrative procedures established, to any combination of housing types, based upon the application of the following fractions to the fractionalization formula: Unit Size Fraction of a Development Right 2 Bedroom Unit 3/4 1 Bedroom Unit 1/2 Efficiency Unit 1/3 Accomodation Suite 1/3 Accommodation Unit 1/4 Section 2. The Municipal Code of the Town of Avon shall be and hereby is amended by the addition of a new section, which shall be identified as Section 17.08.025, which shall read as follows: 17.0$._025 Accomodation suite. "Accomodation suite" means any room or group of rooms with not more than one bedroom, one bathroom, and one kitchen, all of which are designed for or adapted to occupancy by overnight guests, and accessable from a common corridor, walk, or balcony without passing through another accomodation unit, accomodation suite or dwelling unit. Section 3. Section 17.08.030 of the Municipal Code of the Town of Avon shall be and hereby is amended to read as follows: 17.08.030 Accomodation-unit. "Accomodation unit" means any room or group of rooms-without-a kitchen, designed for or adapted to occupancy by guests and accessable from a common corridor, walk, or balcony without passing through another accomodation unit, accomodation suite or dwelling unit. Section 4. Section 17.08.340 of the Municipal Code of the Town of Avon shall be and hereby is amended to read as follows: 17.08.040 Hotel, motel and lodge. "Hotel, "motel," and "lodge" means a building containing three or more accommodation units or accomodation suites, not including time-sharing units, intended for temporary occupancy of guests. Accessory use facilities may consist of an office, laundry facilities used by the occupants, recreation facilities, a lobby or lounge, kitchen and dining facilities and similar accessory uses commonly found in association with a commercial hotel or lodge operation and meeting requirements of the particular zone district in which the building is located. Section 5. The Municipal Code of the Town of Avon shall be and hereby is amended by the addition of a new section, which shall be identified as'Section 17. , which shall read as follows: 17. Limitations on use of accomodation unit-s- and accomodation suites. Accomodation units and accomodation suites shall be permitted only in buildings operated solely as a hotel to the exclusion of long-term occupancy. Accomodation units and accomodation suites shall be permitted only-in buildings or designated portions of buildings which are entirely under a single unsubdivided ownership, or Iin buildings which are-entirely under a time-share subdivision, in which ownership of more than five successive weeks of time-share ownership by a single owner is prohibited. It shall be unlawful for any person to enter into any agreement by which a unit identified by plat or other designation to the Town of Avon by the owner or'developer as an accomodation unit or accomodation suite under Chapter 17.22-of this Code shall be placed under a lease of more than forty days, or to occupy any-such accomodation unit or accomodation suite for a period of more than forty days out of any sixty days. Section 6. Severability. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance, and the Town Council for the Town of Avon hereby declares it would have passed this Ordinance and each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 7. Penalties and Fines. Any person who violates any provision of this Ordinance shall be punished by a fine of not more than five hundred dollars or by imprisonment for a period of not more than ninety days or by both such,fine and imprisonment; provided, no person under the age of eighteen years shall be punished by imprisonment. Any such person shall be guilty-of a separate offense for each and every day during any portion of which a violation of any provision of this code is committed, continued, or permitted by such person and-shall be punished accordingly-. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POST-ED, THIS day of , 1984, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of ,-1984 at 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Allan R. Nottingham, Mayor ATTEST: Patricia J. Doyle Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this day of ; 1984. Allan R. Nottingham, Mayor ATTEST: Patricia J. Doyle Town Clerk ORD3/ Fractionalization=Amend 101884 TOWN OF AVON ORDINANCE NO. 84-13 Series of 1984 AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 17.22 OF THE MUNICIPAL CODE OF THE TOWN OF AVON,-MAKING NECESSARY RELATED AMENDMENTS TO THE ZONING CODE OF THE TOWN OF AVON AND PROVIDING'PENALTIES FOR THE VIOLATION THEREOF. U WHEREAS, the Town of Avon has heretofore adopted certain, provions:permitting.the.fractionalization of developmeint'rights within the-Town of Avon, and WHEREAS, the Town, as determined that it would be desirable''and consistent with.the purposes and goals of the original regulations to provide for,tYie creation of accommodation suites, as defined herein,-under the fractionalization process, and WHEREAS, such provisions.would require the amendment of certain related sections of the Municipal Code of the Town of Avon, NOW, THEREFORE, be it ordained by the Town Coun- cil of the Town of Avon: Section 1. Section 17.22.020, Subsection D, of the Municipal Code of the Town of Avon shall be and hereby is amended to read as follows: D. Fractions of a whole Residential Development Right can be converted, at the applicant's election pursuant to the administrative procedures established, to any combination of housing types, based upon the application of the following fractions to the fractionalization formula: Unit Size Fraction of a Develo ment Right 2 Bedroom Unit 3/4 1 Bedroom Unit 1/2 Efficiency Unit 1/3 Accommodation Suite 1/3 Accommodation Unit 1/4 Section 2. The Municipal Code of the Town of Avon shall be and hereby is amended by the addition of a new section, which shall be identified as section 17.08.025, which shall read as follows: 17.08.025 Accommodation suite. "Accommodation suite" means any room or group of rooms with not more than one bedroom, one bathroom, and one kitchen, all of which are designed for or adapted to occupancy by overnight guests, and accessable from a common corridor, walk, or balcony . without passing through another accommodation unit, accommodation suite or dwelling unit. [Accommodation suites may not exceed an average of 600 square feet per suite]*- Section 3. Section 17.08.030 of the Municipal Code of the Town of'Avon shall be and hereby is amended to read as follows: * Not recommended because already dealt with in Fractionalization Ordinance.. j 17.08.030 Accommodation unit. "Accommodation unit" means any room or group of rooms without a kitchen, designed for or adapted to occupancy by overnight guests and accessable from a common corridor, walk, or balcony without passing through another accommodation unit, accommodation suite or dwelling unit. Section 4. Section 17.08.340 of the Municipal Code of the Town of Avon shall be and hereby is amended to read as follows: 17.08.040 Hotel, motel and lodge. "Hotel, "motel," and 'lodge' means abuilding containing three or more accommodation units or accommodation suites, not including time-sharing units, intended for temporary occupancy of guests. Accessory use facilities may consist of an office, laundry facilities used by the occupants, recreation facilities, a lobby or lounge, kitchen and dining facilities and similar accessory uses commonly found in association with a commercial hotel or lodge operation and meeting requirements of the particular zone district in which the building is located. Section 5. The Municipal Code of the Town of Avon shall be and hereby is amended by the addition of a new section, which shall be identified as Section 17.22.030, which shall read as follows: 17.22.030. Limitations on use of accommodation units and accommodation suites. Accommodation units and accommodation suites shall be permitted only in buildings or portions of buildings operated solely as a,hotel to the exclusion of long-term occupancy. Accommodation units and accommodation suites shall be permitted only in buildings or- designated portions of buildings which are entirely under a single unsubdivided ownership, or in buildings which are entirely under a time-share subdivision,.in which ownership of more than five successive weeks of time=share ownership by a single owner is prohibited. It shall be, unlawful=.for any person to enter into any agreement by.which a unit identified by plat or other designation to the Town of Avon by the owner or developer as an accommodation unit or accommodation suite under Chapter 17.22 of this Code shall be placed.under a ,lease of thirty days or more, or to occupy any such accommodation unit or accommodation suite for a period of thirty days or more out of any sixty days. Section 6. Severability. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity'of the remaining portions of this Ordinance, and the Town Council for the.Town of Avon hereby declares it would have passed this Ordinance and each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 7. Penalties and Fines. Any person who violates any provision of this Ordinance shall be punished by a fine of not more than five hundred dollars or by imprisonment for a period of not more than ninety days or by both such fine and imprisonment; provided, no person under the age of eighteen years shall be punished:by imprisonment. Any such person shall be guilty of a separate offense for each and every day during any portion of which a violation of-any provision of this code is committed, continued,_or permitted by such person and shall be punished accordingly. INTRODUCED,"PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, THIS day of , 1984, and a public hearing`on this Ordinance shall be-held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of ; 1984 at 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Allan R. Nottingham, Mayor ATTEST: Patricia J. Doyle Town -Cle"rk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this day of , 1984. Allan R. Nottingham, Mayor ATTEST: Patricia J. Doyle Town Clerk ORD3/ Fractionalization-Amend 101884 TOWN OF AVON ORDINANCE NO. 84-13 Series of 1984 AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 17.22 OF THE MUNICIPAL CODE OF`THE TOWN OF AVON, MAKING NECESSARY RELATED AMENDMENTS TO THE ZONING CODE OF THE TOWN OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. WHEREAS, the Town of Avon has heretofore adopted certain provions permitting the fractionalization of development rights within the Town of Avon, and WHEREAS, the Town has determined that it would be desirable and consistent with the purposes and goals of the original regulations to provide for the creation of accommodation suites, as defined herein, under the fractionalization process, and WHEREAS, such provisions would require the amendment of certain related sections of the Municipal Code of the Town of Avon, NOW, THEREFORE, be it ordained by the Town Coun- cil of the Town of Avon: Section 1. Section 17._22.020, Subsection D, of the-Municipal Code of the Town of Avon shall be and hereby is amended to read as follows: D. Fractions of a whole Residential Development Right can be converted, at the applicant's election pursuant to the administrative procedures established, to any combination of housing types, based upon the application of' the following fractions to the fractionalization formula: Unit Size Fraction of a Development Right 2 Bedroom Unit 3/4 1 Bedroom Unit 1/2, 'Efficiency Unit 1/3 Accommodation Suite 1/3 Accommodation Unit 1/4 Section 2. The Municipal Code of the Town of Avon shall be and hereby is amended by the addition of a new section, which shall be identified as Section 17.08.025, which shall read as follows: 17.08.025 Accommodation suite. '"Accommodation suite" means any room or group of rooms with not more than one bedroom, one bathroom, and one kitchen, [all of which are designed for or adapted to occupancy by overnight guests, and] accessable from a common. corridor, walk, or balcony without passing through another accommodation unit, accommodation suite or dwelling unit. Section 3. Section 17.08.030 of.the Municipal Code of the Town of Avon shall be and hereby is amended to read as follows: Bracketted provisions have been suggested for deletion-- 17.08.030 Accommodation unit. "Accommodation unit" means any. room or'group of rooms;-without a kitchen, [designed for or adapted to-occupancy by overnight guests and] accessable from a common corridor, walk, or balcony without passing through another°accommodation unit, accommodat-ion suite or dwelling'unit. Section 4. Section 17.08.340 of the Municipal Code of the Town of Avon shall be and hereby is amended to read as follows: 17.08.040 Hotel, motel and lodge. "Hotel, "motel," and "lodge" means a building containing three or more.accommodation units or accommodation suites, not including time-sharing units, intended for temporary occupancy of guests. Accessory use facilities may consist of an office, laundry facilities used by the occupants, recreation facilities, a lobby or lounge, kitchen and dining facilities and similar accessory uses commonly found in association with a commercial hotel or lodge operation and meeting requirements of the particular zone district inn- which the building is located. Section 5. The Municipal Code of the Town of Avon shall be and hereby is amended by the addition of ,a new section, which shall be identified as Section 17.22.030, which shall read as follows: 17.22.030. Limitations-on use of accommodation units and accommodation suites. Accommodation units and accommodation suites shall be permitted only in buildings or portions of buildings operated [solely] as .a hotel or time-share project to the exclusion of long-term occupancy. [Accommodation units and accommodation suites shall be permitted only in buildings or designated portions of buildings which are entirely under a single unsubdivided ownership, or in buildings which are entirely under a time-share subdivision, in which ownership of more than-five successive weeks of time-share ownership by a single owner is prohibited.] It shall be unlawful for any person to enter into any agreement by_which a unit identified by plat or other designation to the Town of Avon by the owner or developer as an accommodation unit or accommodation suite under Chapter 17.22 of this Code shall be placed under-a lease-of thirty' days or more, or to occupy any such accommodation unit or accommodation suite for a period of thirty days or more out of any sixty days. Section 6. Severability.- If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance, and'the -Town Council for the Town of Avon hereby declares it would have passed this ordinance and each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 7. Penalties and Fines. Any person who violates any provision of this Ordinance shall be punished by a fine of not more than five hundred dollars or by imprisonment for a period of not more than ninety days or by both such fine and imprisonment; provided, no person under the age of eighteen years shall be punished by imprisonment. Any such person shall be guilty of a separate offense for each and every day during any portion'of which a violation of any provision of this code is committed, continued, or permitted.by such person and shall be punished accordingly. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, THIS . day of , 1984, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of , 1984 at 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Allan R. Nottingham, Mayor ATTEST: Patricia J. Doyle Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this day of , 1984. Allan R. Nottingham, Mayor ATTEST: Patricia J. Doyle Town Clerk ORD3/ Fractionalization-Amend 1 111584 i i PETER COSORIFF JOHN W. DUNN ROBERT H. S. FRENCH, - STEPHEN C. WEST TIMOTHY H. BERRY ARTHUR A.ABPLANALR JR. JOHN B. WOOD LAW OFFICES COSGRIFF, DUNN & FRENCH, P C. P O. BOX 340 VAIL,COLORADO 81658 (303) 476-7552 LEADVIL_LE OFFICE= P. O. BOX II LEADVILLE, COLORADO 80461 (303) 486-1885 BRECKENRIDGE OFFICE, P. O. BOX 588 BRECKENRIDGE, COLORADO 80424 (303) 453-2901 TO: Bill James FROM: Arthur-A:.Abplanalp, Jr: DATE: ' 18. October 1984 ' SUBJECT: Amended Fractionalization Ordinance You will find enclosed a proposed ordinance amending the Avon Municipal Code to provide for the inclu- sion of accommodation suites in the fractionalization system. Also included in this ordinance is,a definition of "accommodation suite", a revision of the definition•accommo- dation unit, anda-proposal for effectively preventing the abuse of accommodation suites. A few remarks are in order. The definition of accommodation suite does not include the last sentence included in the October 10th memo of Dan Fogland.• The first half of that sentence is dealt with in the controlling provision and the second half of that sentence would-seem to be adequately dealt with by the limitation of square footage in the fractionalization formula. It should also be noted that the ordinance does not establish authority to have accommodation suites (except as part of a hotel, lodge or motel) in any,zone district. In order to accomplish this, it will be necessary to amend the provisions of Section 17.20.010 of the Municipal Code: PETER COSGRIFF JOHN W. DUNN ROBERT H. 3. FRENCH STEPHEN C. WEST TIMOTHY H. BERRY ARTHUR A.ABPLANALP, JR JOHN B. WOOD TO: 'Bill James. ~n FROM:. "Arthur A. - Abplanalp, Jr. DATE: 18 October 1984 SUBJECT: Amended Fractionalization- Ordinance LEADVILLE OFFICE, P. O. BOX II LEADVILLE, COLORADO 80461 (303) 486-1885 BRECKENRIDGE OFFICE* P. O. BOX 588 BRECKENRIDGE, COLORADO 80424- (303) 453-2901 You will-find enclosed a proposed ordinance amending the Avon Municipal Code to provide for the inclu- sion of accommodation suites in the fractionalization system.-.Also included in this ordinance is a definition of "accommodation suite", a revision of the definition accommo- dation unit, and a proposal for effectively preventing the abuse of accommodation suites. A few remarks are in order. The definition of accommodation suite does not include the entire last sentence included in the October 10th memo of Dan Fogland. The first half of that sentence is dealt with in draft section 17.22.030 and the second half of that-sentence would seem to be adequately dealt-with by the limitation of square footage in the fractionalization formula, and therefore should probably not be included here either. The time limitation contained in draft 17.22.030 relating to time-sharing of accommodation suites is intended to prevent long-term residency (which was defined, I believe, by the Planning Commission as "thirty or more days) of accommodation units. The extact length of time may be changed, but this limitation itself seemed to be important. It should also be noted that the ordinance-does , not establish authority to have accommodation suites (except as part of a hotel, lodge or motel) in any zone district. In order to accomplish this, it will be-necessary to amend the provisions of Section 17.20.010 of the Municipal Code. LAW OFFICES COSGRIFF, DUNN & FRENCH, P. C. P. O. Box 340 VAIL, COLORADO 81658 (303) 476-7552 M E M 0 TO: Bill James, Town Manager FROM: Dan Fogland, Building and Zoning Administrator t~ DATE:. October 18, 1984 RE: Accommodation Suite The Planning and Zoning Commission reviewed the proposed "Accommodation Suite" idea at its October 11, 1984 meeting. While most members agreed that hotel suites are viable and needed, there was no conclusion or direction other than more study would be appropriate. Some specific comments were: 1. Accommodation suites are one bedrooms that could be lived in year-round; 2. How do you enforce hotel use; 3. Concern over effect on current Fractionalization Ordinance; 4. Should the assigned fractions for one and two bedrooms be reviewed. Perhaps one bedrooms should be equal to 1/3. Attorney Art Abplanal,p attended the meeting and the Ordinance was drafted with the Planning and Zoning Commission and Town Council comments in mind. It would be appropriate to send the Ordinance to the Planning and Zoning Commission after first reading for review and comment. PETER COSGRIFF JOHN W. DUNN ROBERT H. S. FRENCH STEPHEN C. WEST TIMOTHY H. BERRY ARTHUR A.ABPLANALP, JR. JOHN B. WOOD LAW OFFICES COSGRIFF, DUNN & FRENCH, P. C. P. O: Box 340 VAIL,COLORADO 81658 (303) 476-7552 LEADVILLE OFFICE* P. O. BOX II LEADVILLE, COLORADO 80461 (303) 486-I88S BRECKENRIDGE OFFICE* To: William James, Town Manager P. 0. BOX 588 BRECKENRIDGE, COLORADO 80424 From: Arthur A. Abplanalp, Jr. 1303) 453-2901 Date: 15-November 1984 Subject: Amendment to Fractionalization-Ordinance The Town Council has requested that this office make certain amendments to Ordinance #84-13, which would amend the Chapter 17.22 of the Municipal Code of the Town of Avon to provide for the creation of a "accommodation suite", During the development of this ordinance, this office has pointed out several potential problems in the validity and enforcement of this ordinance if drafted in the manner requested by Council. The purpose of this memorandum is to memorialize the concerns which this office has with the manner in which Council attends to adopt the ordinance, and to emphasize the difficulties which may be anticipated. Initially, it has been the Councils' desire to create the entity known as the "accommodation suite" in order to-provide flexibility for hotels and lodges in the Town of Avon, permitting the creation of one bedroom units as part of a hotel or lodge complex, while not requiring the owners to consume an entire residential density right in such development. Unlike the original fractionalization ordinance, the ordinance presently under consideration is directed solely at temporarily accommodations. Therefore, while there may have been justification in excluding Hotel- Lodge Development Rights from the fractionalization formula in the original fractionalization ordinance, there seems little basis for excluding Hotel-Lodge Development Rights from the fractionalization process if'Council is, in fact, intending to confer benefits on owners of development rights solely to satisfy temporary housing needs. While the concern has been expressed that units constructed under Hotel-Lodge Development Rights are the smallest unit of the fractionalization process, that position is not correct. Of the two types of development rights existing prior to the-adoption of the fractionalization.chapter, Hotel-Lodge Development Rights were less desirable than Residential Development Rights because of the fact that units built under Hotel-Lodge Development Rights (commonly referred to as accomodation units) were not permitted to have full kitchens. Like the units built under Residential Development Rights, however, there existed no limit on the floor space of units built under Hotel-Lodge Development Rights, nor does any such limitation exist under the present fractionalization ordinance. In contrast to this situation, accommodation units built under the fractionalization process, which share the characteristic with built under Hotel-Lodge Development Rights of having no full kitchen, are limited by the floor space formula included in the fractionalization chapter. Consequently, the ability to develop a unit under a Hotel-Lodge Development Right is significantly different from the availability to develop an accommodation unit under the fractionalization process. If the Town of Avon permits the creation of accommodation suites, which are intended for temporary occupancy only and are permitted only in-hotels and lodges, the argument which has been made to the Town that owners of hotel-lodge units are being unjustifiably denied development alternatives otherwise available to the owners of residential density units will have significantly greater credibility. Council has also requested that amendments be made to the proposed ordinance deleting the limitation permitting accommodation units and accommodation `suites only in buildings or designated portions of buildings which are entirely under a single unsubdivided ownership, or in buildings which are entirely under a time-share subdivision. Absent this prohibition, the Town will be denied a significant tool in'controlling'the„inclusion of,-, accommodation units and accommodation-suites in future developments. The sentence which Council proposes to delete, unlike other sections of the proposed ordinance, is an effective limitation by which the planning staff may state to a developer that accommodation suites or accommodation units may or may not be included in a proposed project. Absent the provision which is proposed for deletion, the planning staff may only depend upon the general identification of a project as a "hotel, motel or lodge," the latter of which is particularly vulnerable to the argument that the term may include units having a primary use other than temporary occupancy. The hazard in not having the control with which we are concerned that the planning stage of the project is that a project represented to be a hotel, motel or lodge in the planning process may be converted to long term occupancy upon full development. If this occurs, and accommodation suites enjoying the benefits of the proposed ordinance in the planning process are converted to long term occupancy, the Town will have permit- ted the creation of what are effectively one bedroom units which may only be distinguished from other one bedroom units created under fractionalization by the smaller number of square feet permitted. One of our primary.concerns in urging specific limitations on accommodations suites is the anticipated difficulty of enforcing regulations.which do not contain adequate enforcement provisions upon the original adoption. Absent the-prohibition on accommodation suites during the planning stage upon structures which are.not required to-be operated as a hotel, i.e.-under a single ownership, or as time sharing, the Town will be limited to post construction enforcement. The alternatives available are injunctive relief and criminal sanctions. Injunctive relief is expensive for the Town and questionable in its success, in that the relief requested would be either a prohibition of occupancy of the units for extended periods of time or affirmative mandatory relief requiring a structure to be operated as a hotel or time-sharing project.. It is not likely that a court sitting in equity would grant either relief. The second alternative; that of criminal sanctions,. would require the identification and prosecution of each owner.violating'the time limitations on occupancy. This procedure would also seem to have practical difficulty in the event of a conversion of a short term project including accommodation suites and to long term occupancy. Whi-le both the civil-and criminal sanctions are useful, in that they provide the Town with two options,for enforcement, neither is as effective as controlling the creation of accommodation suites at the planning stage. If the Council,simply desires=to permit the creation of small one bedroom units,:not exceeding six hundred square feet in any instance, this may be accom- plished without dealing with the question of temporary occupancy-or the type of structure-in which'the unit-is located, in effect the Council would be.returning .to .orie of the proposals-for fractionalization-which was rejected'at an early date, that is, permitting residential density units to be fractionalized on the',basis of-1,800 square,feet per unit- and permitting any configuration of that-1,800 that an owner desired under such an approach. The Council may be faced with a larger number of units than planned under the present fractionalization formula, but on the other hand, the Council would avoid (1) the implication that this ordinance is intended only for the benefit of temporary occupants and (2) the obligation to limit the use of the units created under this ordinance to those residing.as temporary occupants. In summary, the ordinance as revised in accordance with the request of Council has two significant problems. First, its orientation to temporary uses and the exclusion of hotel-lodge units from its application create the appearance of an unwarranted discrimination between Residential Development Rights and Hotel-Lodge Development Rights in the Town of Avon. Secondly, enforcement of the limitations on use to prohibit long term occupancy is fraught with enforcement problems which may effectively prevent the Town from limiting the use of accommodation suite in the manner it anticipates. We are prepared to respond to a request of Jim LaMont, and prepare a second revision of this ordinances, establishing the accomodation suite as a hybrid, having limited cooking and kitchen facilities and termed a "kitchenette". In the event this seems a practical alternative, we will make arrangements for appoproriate revisions. TO: The Honorable Mayor and Town Council FROM: William D. James, Town Manager DATE: January 4, 1985 SUBJECT: Hotel Suites/Fractionalization Ordinance I have met with Pat Montgomery a couple of times since the first Council Meeting in December. You will recall that the last Council action on this matter was to table the Fractionalization Ordinance Amendment. Pat Montgomery still feels that this issue needs to be resolved not only for his project, but for other future projects. After review of this matter again, the staff has an option for Council to consider. Also, Pat has presented his preferred option which are outlined below. Rather than create two new ordinances, an outline of the sections that would need to be amended in the last ordinance are attached. If Council prefers either option, the action would be to amend the ordinance according to either option. Staff Recommendation: Option 1. You will recall some time ago, we prepared a formula to justify the Fractionalization of a Development Right. We have revised our formula, which is outlined below, the hotel suite is equal to .40 Development Rights rather than the .33 we have talked about in the past. This equals a conversion ratio-- of 2.5 units per Development Right rather than 3 to 1 ratio for Pat's project, this would mean only 177 units rather than 210 units for the Savoy Square Project. Other problems we have encountered revolved around kitchens and ownership. To settle these areas, I would recommend that the square feet be limited to a maximum of 600 square feet per unit and thus altering the total maximum gross residential floor area from 1800 square feet to 1500 square feet. The section on limiting use to a hotel or time share operation has been left in. The ownership restriction has been dropped. With the above restrictions,;I see no need to be concerned with ownership as long as we have defined the use. Mayor and Town Council Hotel Suites/ Fractionalization ordinance page 2 It is important to note that the classification Accommodation Suite." he are not addressing one The developer has 600 square feet to work with. to design a one or two bedroom(if it will fit), or kitchenette, or an efficency unit. Whatever is, the Town should not have a particular conce the unit is 600 square feet or 1500 square feet residential floor area. is a Hotel/ bedroom units. It is his option full kitchen the floor plan rn as long as total gross Formula for Fractionalization of a Development Right Average Unit Size Maximum Occupancy Fraction 3 Bedroom 6.0 1 2 Bedroom 4.5 .75(3/4) 1 Bedroom 3.0 .50(1/2) Efficency 2.0 .33(1/3) Hotel 1.5 .25(1/4) Hotel Suite 2.4 .40(2/5) The hotel room fraction was arrived at by the following: 1) Average year round occupancy equals 2:5 persons'per hotel room 2) The hotels in Colorado and nationally, average annual occupancy is 60% 3) Occupancy rate per room, full time equivalent= 2.5 x 60% or 1.5 4) 2.5 x 60% = 1.5 t 6 average maximum occupancy= .25 or 1/4 DR Hotel Suite 1) Town of Avon assumed average occupancy year round equal 4 per room 2) The hotel industry in Colorado averages 60% occupancy rate per room 3) Full time equivalent - 4 x .6 or 2.4 4) 4 x .6 = 2.4 t 6 average maximum occupancy = .40 DR or 2/5 The maximum occupancy for a hotel room with two queen size beds equals 4 2.5 ; 4 = 62.5% The maximum occupancy for a hotel suite with two queen size beds and fold out couch equal 6 4 6 = 66% This reflects a close relationship of average maximum occupancy for a hotel and a hotel suite. Hotel Suites/Fractionalization Ordinance page 3 Option 2. This option has been proposed by Fat Montgomery. 1/3 fraction. One divided room - (could be a bedroom or a kitchen) Specific use area - RHDC, TC, and SPA 600 square feet maximum 1800 square feet total gross residential floor area. This option and the staff recommendation will be reviewed in more depth at the meeting. STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE .22ND DAY OF JANU~°RY, 1985, AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.84-13, SERIES OF 1985 : AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 17.22 OF THE MUNICIPAL CODE OF THE TOWN OF AVON, MAKING NECESSARY RELATED AMENDMENTS TO THE ZONING CODE OF THE TOWN OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF A copy of said Ordinance is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. Following this hearing the Council may consider final passage of this ordinance. This notice given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this 14th day of, January, 1985 TOWN OF A-\,'ON, COLORADO BY: Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JANUARY, 1985. THE MAIN ENTRANCE OF THE POST OFFICE, THE MAIN ENTRANCE TO CITY MARKET, THE PESTER GAS STATION; AND THE MAIN LOBBY IN THE MUNICIPAL BUILDING -13- CAs 00 passe