TC Ord. No. 2009-16 Approving an amendment to the court at Stonebridge PUD Tract B Eaglebend subdivision Filing 3 to Allow Short Term Rental UseTOWN OF AVON, COLORADO
ORDINANCE 09 -16
SERIES OF 2009
AN ORDINANCE APPOVING AN AMENDMENT TO THE COURT AT
STONEBRIDGE PUD, TRACT B, EAGLEBEND SUBDIVISION, FILING #3 TO
ALLOW SHORT TERM RENTAL USE
WHEREAS, the Town of Avon approved Tract B, Eaglebend Subdivision, Filing #3, by
Ordinance No. 86 -12 which included the Zoning Plat for Eaglebend that described the allowed
uses for Tract B as "Single family, duplex, multifamily dwellings, condominiums, townhouses,
apartments, accessory buildings and uses," and which included PUD Amendment #1, Tract B,
Eaglebend Subdivision, Filing #3, adopted by Ordinance No. 97 -5 which states that the uses by
right and accessory uses include "Existing single family houses, existing houses, proposed
townhomes and existing detached garage buildings" and which further states, "Other
development and zoning provisions of the Town of Avon zoning code not specifically addressed
shall apply to this P.U.D. amendment;"
WHEREAS, the Town of Avon does not permit short term rental use as an accessory use to
residential property pursuant to the Town of Avon Municipal Code ( "AMC ");
WHEREAS, Tyson Kennedy, a property owner within the Court at Stonebridge Planned
Unit Development, Tract B, Eaglebend Subdivision, Filing #3 ( "Stonebridge PUD ")
representing the Stonebridge Cluster HOA has applied for a Planned Unit Development ( "PUD ")
Amendment, pursuant to Section 17.20.110 of the Avon Municipal Code;
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing
on November 3, 2009, after posting notice as required by law, considered all comments,
testimony, evidence and staff reports provided by the Town staff, considered such information
prior to formulating a recommendation, then took action to ad9pt findings and make a
recommendation of approval to the Town Council;
WHEREAS, Policy C.1.3 of the Town of Avon Comprehensive Plan states, "Focus lodging
and guest accommodation in the Town Center Districts to take advantage of the proximity to
retail, commercial and other community services ";
WHEREAS, the Town recently approved Ordinance 09 -12, to permit Short Term Rental
uses as defined by Section 3.28.020 for Hotel room, condominium unit, or other accommodation
of the Avon Municipal Code, in areas of the town core that are residential in nature; and,
WHEREAS, the Town Council of the Town of Avon held a public hearing on November 10,
2009, after posting notice as required by law, considered all comments, testimony, evidence and
staff reports provided by the Town staff prior to taking any action on the Stonebridge PUD
amendment application;
Ord No. 09 -16
WHEREAS, pursuant to Title 17.20.110(h) of the AMC, the Town Council finds this
application is in substantial compliance with the applicable review criteria;
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law and the AMC by setting a public hearing in order
to provide the public an opportunity to present testimony and evidence regarding the application
and that approval of this Ordinance on first reading does not constitute a representation that the
Town Council, or any member of the Town Council, supports, approves, rejects, or denies the
proposed zoning.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following:
SECTION 1. AMENDMENT TO STONEBRIDGE PUD. The Court at Stonebridge Planned Unit
Development, Tract B, Eaglebend Subdivision Filing #3, is hereby amended to include Short
Term Rental as an allowed use, as defined by Chapter 17.20.140 of the Avon Municipal Code, as
may be amended or re- codified from time to time.
SECTION 2. CORRECTION OF ERRORS. Town Staff is authorized to correct any typographical,
grammatical, cross - reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
SECTION 3. SEVERABILITY. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
SECTION 5. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Page 2 of 4
Ord No. 09 -16
SECTION 6. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance
by posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[signature page follows]
Page 3 of 4
Ord No. 09 -16
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED: the 27th day of October, 2009, and a public hearing on this ordinance shall be held at
the regular meeting of the Town Council on the 10th day of November, 2009, at 5:30 P.M. in the
Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado.
�pN N OFq� /D
° Ronald C. Wolfe, Mayor
Published by postin
Clerk at least seven
ATTEST:
iri least three pu
ays prior 'to fal a(
cUj�1�A�U
places in Town and posting at the office of the Town
i by the Town Council.
APPROVED AS TO FORM:
� M envy, Clerk Eric el , own A orney
INTRODUCED(47 ALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on the 10th day of November, 2009.
� W"no INI i
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATOV
ST:
..�-� 3
S EA L
Pat Mc enny, o erk(S
Page 4 of 4
Ord No. 09 -16
Me o AVON
C O L O R A D O
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Matt Pielsticker, Planner II
Date: November 10, 2009 Regular Meeting
Re: Ordinance 09 -16, Second Reading (PUBLIC HEARING)
Planned Unit Development (PUD) Amendment
Filing 3, Eaglebend Subdivision
Summary:
The applicant, Tyson Kennedy, is proposing to amend the PUD zoning for Filing 3,
Eaglebend Subdivision. The PUD amendment proposes to add "Short Term
Rentals" as an allowed use on the subject property. The Zoning Plat for the
Eaglebend Subdivision allows the following uses on the subject property; "Single
Family, duplex, multifamily dwellings, condominiums, townhouses, apartments,
accessory buildings and uses." The subsequent amendment for the Stonebridge
PUD modified the allowed uses to state; "Existing single family houses, existing
houses, proposed townhomes and existing detached garage buildings."
The first reading of Ordinance 09 -16, drafted to approve this PUD Amendment, was
reviewed at the Council's October 27, 2009 meeting. The Planning and Zoning
Commission held a public hearing on November 3, 2009 and made a unanimous
recommendation for approval of this application.
Background:
The subject property has been operating this non - conforming use for several years.
It was brought to Staff's attention that this property was operating short term rentals
when the Code Enforcement officer was researching other properties in Town.
The location of the PUD is consistent with the criteria for Short Term Rentals as
outlined in the Comprehensive Plan and the Short Term Rental Overlay Zone
District, which was approved at the October 13th, 2009 Town Council meeting, by
focusing lodging uses to the Town Center districts and the Town Core respectively.
The proximity of the Stonebridge PUD to Highway 6 and ECO transit bus stops
creates an ideal opportunity for Short Term Rentals.
Please refer to the attached materials for the specific details of the applicant's
request, as well as Staffs review of the mandatory review criteria for this type of
application.
Planning and Zoning Commission Recommendation (11/3/09):
Approval (5 -0 vote), with the following findings:
1. This application is in substantial compliance with the following review criterion:
1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives.
4. Uses, activity, and density provide a compatible, efficient, and workable relationship
with surrounding uses and activity.
7. A circulation system designed for both vehicles and pedestrians addressing on and off
site traffic circulation that is compatible with the Town Transportation Plan.
10. Adequacy of public services such as sewer, water, schools, transportation
systems, roads, parks, and police and fire protection.
12. That the PUD or amendment to PUD requested provides evidence of substantial
compliance with the following public purpose provisions, as outlined in Section
17.28.085 of the Avon Municipal Code.
2. The subject property is located in a predominantly residential neighborhood
located in close proximity with access to mass transit, and is within walking distance
to the Town Center.
3. The following review criteria are not applicable to this application:
2. Conformity and compliance with the overall design theme of the town, the sub -area
design recommendations and design guidelines of the Town.
3. Design compatibility with the immediate environment, neighborhood, and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character, and orientation.
5. Identification and mitigation or avoidance of natural and /or geologic hazards that affect
the property upon which the PUD is proposed.
6. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
8. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient
relationship throughout the development of the PUD. The phasing plan shall clearly
demonstrate that each phase can be workable, functional and efficient without relying
upon completion of future project phases.
11. That the existing streets and roads are suitable and adequate to carry anticipated
traffic within the proposed PUD and in the vicinity of the proposed PUD.
Stonebridge PUD Amendment Town Council November 10, 2009 Regular Meeting
3. The Town desires to permit "Short Term Rentals," as defined by the Avon
Municipal Code, in areas of the Town Core that are residential in nature.
4. The approval of this application and corresponding Ordinance will help to protect
and preserve the health, safety, and welfare of the Avon community."
5. There is an overwhelming support from the owners of Stonebridge. Support
letters were received from 18 of the 19 owners, with the final unit residing outside of
the country.
Available Actions:
1) Approve
2) Approve with Conditions
3) Deny
Recommended Motion:
"I move to APPROVE Ordinance 09 -16 on Second Reading, an Amendment to the
Court at Stonebridge PUD allowing for Short Term Rentals."
Town Manager Comments:
t4�
Attachments:
- Planning and Zoning Commission Report, dated October 30, 2009
- Exhibit A- Vicinity Map
- Exhibit B- Ordinance 09 -16
- Exhibit C- Application Letters of support
Stonebridge PUD Amendment Town Council November 10, 2009 Regular Meeting
Staff Report
PUD Amendment VON
November 3, 2009 Planning & Zoning Commission Meeting ` ° L o R A D o
Report date: October 30, 2009
Project type: Planned Unit Development (PUD) Amendment
Legal description: Filing 3, Eaglebend Subdivision
Current zoning: PUD
Address: 3000 Eaglebend Drive
I. Introduction and Summary
The applicant, Tyson Kennedy, member of and representative for the Stonebridge
( "Cluster ") Homeowners Association, is proposing to amend the zoning of a portion of
the Eaglebend Subdivision. The proposal is to allow short term rentals in addition to the
currently allowed uses for the Court at Stonebridge PUD. The Eaglebend PUD
describes the allowed uses for Filing 3 as to include "Single family, duplex, multifamily
dwellings, condominiums, townhouses, apartments, accessory buildings and uses."
The Town Council approved the first reading of Ordinance No. 09 -16 at their October
27, 2009 meeting; an Ordinance drafted to approve this amendment after a review and
formal recommendation is forwarded from the Planning and Zoning Commission. The
public hearing for Ordinance No. 09 -16 will be on second reading, scheduled for the
November 10, 2009 Council meeting.
This report outlines all of the mandatory review criteria, and also provides a
recommended action with supported findings of fact. After holding a public hearing in
accordance with Section 17.12.100 of the Avon Municipal Code, Staff is recommending
that the Town of Avon Planning and Zoning Commission make a formal
recommendation of APPROVAL to the Avon Town Council.
II. Background
In 1980 the Eagle County Commissioners approved the Eaglebend project for
Residential /Suburban Medium (RSM) density zoning, and in 1981, the Commissioners
approved the final subdivision. Shortly thereafter, between 1982 and 1983, the first 12
of 19 Stonebridge Townhomes were constructed. These units were designed and built
in a clustered orientation with shared amenities.
In May of 1985, the Eaglebend developers approached the Town of Avon to discuss the
possibility of annexation to the Town, for the purpose of rezoning to smaller, more
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
Stonebridge PUD Amendment — Short Term Rentals R°qw
November 3, 2009, Planning & Zoning Commission Meeting Page 2 of 7
affordable and marketable housing units. The entire subdivision was eventually
annexed in 1986 after receiving favorable reviews by the Planning and Zoning
Commission.
Two additional single - family units in Filing 3 were then constructed in 1990. These
homes were built on the east end of the filing. These two homes were distinguished
from the rest of Stonebridge by their standalone design and separate driveway access
off Eaglebend Drive.
The Stonebridge PUD (Filing 3) was amended in 1997 to slightly re- arrange the building
footprints for the final 5 of 19 single - family residences on the property. When that PUD
Amendment was approved, the PUD plan stated that the uses by right and accessory
uses are to include "Existing single family houses, existing houses, proposed
townhomes and existing detached garage buildings." The PUD further states "Other
development and zoning provisions of the Town of Avon zoning code not specifically
addressed shall apply to this P.U.D. amendment."
At the time of the 1997 amendment the applicant stated that changes in regulations and
market conditions required re- evaluating the original Stonebridge plan, prior to
completing the remaining five units. These five units were later constructed in much the
same fashion as the original 12 clustered units; near the intersection of Stonebridge and
Eaglebend roads.
Most recently, the Stonebridge HOA was directly involved with the Short Term Rental
Overlay (STRO) process. When the HOA was informed that their property was not
eligible for the overlay district, they chose to pursue the PUD Amendment process to
permanently allow the short term rental use on their property.
III. Process
As required by the Avon Municipal Code, this report serves as the official findings and
recommendations of the Community Development Department. After holding a public
hearing before the Planning Commission, a report of the Planning Commission stating
its findings and recommendations and this report will be transmitted to the Town Council
for their review on second reading of Ordinance No. 09 -16.
The Town Council shall then consider this application in accordance with Section
17.28.050 of the Avon Municipal Code. The Town Council hearing shall be held no later
than thirty (30) days following the Planning and Zoning Commission action. Following
this hearing, the Council shall consider the comments and evidence presented at the
hearing and evaluate the application in accordance with Section 17.28.080 and either
approve, approve with conditions or deny the application, in whole or in part.
IV. Public Notice Requirement
This application is a noticed public hearing with written notice provided to all property
owners within 300' of the subject property.
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
Stonebridge PUD Amendment — Short Term Rentals
November 3, 2009, Planning & Zoning Commission Meeting Page 3 of 7 AAA
V. PUD Design Criteria
According to the Town of Avon Zoning Code, Section 17.20.110, the following criteria
shall be used as the principal criteria in evaluating a PUD.
1. Conformance with the Town of Avon Comprehensive Plan's Goals and
Objectives.
The Comprehensive Plan incorporates a number of overarching goals and policies
to provide town -wide direction with respect to the built form, community character,
housing, transportation, etc. While the majority of the goals and policies are general
in nature, there are relevant elements worth highlighting. For instance, Goal CA
provides guidance to the Town's desired land -use mix:
"Provide a balance of land uses that offer a range of
housing options... working in concert to strengthen Avon's
identity as both a year -round residential community and
as a commercial, tourism and economic center."
The challenge with balancing the resort/local land -use mix and the resulting
demands and impacts experienced with each, can be considered a common theme
found throughout the Plan. Short term rentals and other tourism based land -uses
should be incorporated in the Town where they can be compatible with adjacent
uses. Goal E.3 gives general guidance related to inviting resort guests:
"Increase the number of visitors to Avon by enhancing
our attractiveness as a destination resort community."
According to the Comprehensive Plan, the subject property is located in District 27:
Nottingham Station /Eaglebend District. This area of Town is somewhat segmented
from other areas of the Town Core due to natural controls (i.e. river bordering the
south), as well as the Union Pacific railway which borders the north side of the
district.
The planning principles for this district do not provide specific guidance to land -use
in the area, recognizing that the area is completely developed. Instead the
Comprehensive Plan focuses primarily on protecting the river environment and
providing access where possible.
2. Conformity and compliance with the overall design theme of the town, the
sub -area design recommendations and design guidelines of the Town.
Not applicable.
There are no changes to the exterior design of the project.
3. Design compatibility with the immediate environment, neighborhood, and
adjacent properties relative to architectural design, scale, bulk, building
height, buffer zones, character, and orientation.
Not applicable.
There are no changes that would inhibit design compatibility with the immediate
neighborhood. The architectural design of the project would remain as it is today.
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
Stonebridge PUD Amendment — Short Term Rentals 01a
November 3, 2009, Planning & Zoning Commission Meeting Page 4 of 7 V
4. Uses, activity, and density provide a compatible, efficient, and workable
relationship with surrounding uses and activity.
There is a mix of single - family, duplex, clustered single - family homes, and rental
apartment units in the surrounding area. This property has demonstrated a
workable relationship with the surrounding uses and activity by renting properties on
a short-term basis in the past.
5. Identification and mitigation or avoidance of natural and /or geologic hazards
that affect the property upon which the PUD is proposed.
Not applicable.
There have been no natural and /or geologic hazards that would affect the use of the
property as proposed.
6. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
Not applicable.
The homes are largely sited in a cluster orientation, with groups of several single -
family homes in close proximity to one another. The majority of the open space that
surrounds the clustered homes is focused on the river environment and these open
space areas will remain unchanged.
7. A circulation system designed for both vehicles and pedestrians addressing
on and off site traffic circulation that is compatible with the Town
Transportation Plan.
Not applicable.
There are no implications to the Town of Avon Transportation Plan.
8. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
Not applicable.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and
efficient relationship throughout the development of the PUD. The phasing
plan shall clearly demonstrate that each phase can be workable, functional
and efficient without relying upon completion of future project phases.
Not applicable.
No phasing is required, and there are no necessary changes to the subdivision plan
in order to allow a short term rental land -use.
10. Adequacy of public services such as sewer, water, schools, transportation
systems, roads, parks, and police and fire protection.
Not applicable.
It must be noted that the local and regional transit service are both linked closely
with this property. Other services are in place to support this use.
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
Stonebridge PUD Amendment — Short Term Rentals0
November 3, 2009, Planning & Zoning Commission Meeting Page 5 of 7 A6
11. That the existing streets and roads are suitable and adequate to carry
anticipated traffic within the proposed PUD and in the vicinity of the proposed
PUD.
Not applicable.
The existing roads are suitable and adequate for the intended use. There have
been recent improvements in the area to accommodate pedestrian travel including a
new widened sidewalk connecting to in town bus routes.
12. That the PUD or amendment to PUD requested provides evidence of
substantial compliance with the following public purpose provisions, as
outlined in Section 17.28.085 of the Avon Municipal Code:
A. The application demonstrates a public purpose, which the current zoning
entitlements cannot achieve.
B. Approval of the zoning application provides long term economic, cultural
or social community benefits that are equal to or greater than potential
adverse impacts as a result of the changed zoning rights.
C. The flexibility afforded in approval of the zoning application will result in
better siting of the development, preserving valued environmental and
cultural resources, and increasing the amount of public benefit consistent
with the community master plan documents.
As mentioned, the Town of Avon Comprehensive Plan is supportive of lodge type
units if focuses in the Town Core area. The property is located within walking
distance to the Town Core and is in close proximity to both local and regional bus
service stops. Short term rental guests could continue to utilize these services,
and economic values could be experienced with lodging taxes and shopping in
town. And while there is economic value inherent with short term rentals, the
potential adverse impacts with the change in zoning rights are unknown.
VI. Recommended Motion
"I move to recommend APPROVAL of the PUD Amendment to permit short term rentals
in the Court at Stonebridge PUD to the Avon Town Council with the following FINDING
of FACT:
1. This application is in substantial compliance with the following review criterion:
1. Conformance with the Town of Avon Comprehensive Plan's Goals and
Objectives.
4. Uses, activity, and density provide a compatible, efficient, and
workable relationship with surrounding uses and activity.
12. That the PUD or amendment to PUD requested provides evidence of
substantial compliance with the following public purpose provisions, as
outlined in Section 17.28.085 of the Avon Municipal Code:
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
Stonebridge PUD Amendment — Short Term Rentals p'RW
November 3, 2009, Planning & Zoning Commission Meeting Page 6 of 7
2. The subject property is located in a predominantly residential neighborhood where
there is access to mass transit, and is within walking distance to the Town Center.
3. The following review criteria are not applicable to this application:
2. Conformity and compliance with the overall design theme of the town, the
sub -area design recommendations and design guidelines of the Town.
3. Design compatibility with the immediate environment, neighborhood, and
adjacent properties relative to architectural design, scale, bulk, building
height, buffer zones, character, and orientation.
5. Identification and mitigation or avoidance of natural and /or geologic
hazards that affect the property upon which the PUD is proposed.
6. Site plan, building design and location and open space provisions
designed to produce a functional development responsive and sensitive to
natural features, vegetation and overall aesthetic quality of the community.
7. A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation that is compatible with the
Town Transportation Plan.
8. Functional and aesthetic landscaping and open space in order to optimize
and preserve natural features, recreation, views and function.
9. Phasing plan or subdivision plan that will maintain a workable, functional,
and efficient relationship throughout the development of the PUD. The
phasing plan shall clearly demonstrate that each phase can be workable,
functional and efficient without relying upon completion of future project
phases.
10. Adequacy of public services such as sewer, water, schools,
transportation systems, roads, parks, and police and fire protection.
11. That the existing streets and roads are suitable and adequate to carry
anticipated traffic within the proposed PUD and in the vicinity of the proposed
PUD.
3. The Town desires to permit "Short Term Rentals," as defined by the Avon
Municipal Code, in areas of the Town Core that are residential in nature.
4. The approval of this application and corresponding Ordinance will help to
protect and preserve the health, safety, and welfare of the Avon community."
If you have any questions regarding this project or any planning matter, please call me
at 748 -4413, or stop by the Community Development Department.
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
Stonebridge PUD Amendment — Short Term Rentals p POWR
November 3, 2009, Planning & Zoning Commission Meeting Page 7 of 7
Respectfully submitted,
=-
Matt Pielstic
Planner II
VII. Report Exhibits
A: Vicinity Map
B: Ordinance 09 -16
C: Application Materials
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
Vicinity Map - Filing 3, Eaglebend Subdivision
e—Residential Streets �VQN
IDs ced by the Commmlty 0 - .elopment Del mnent Uea NN map
F® Property Boundaries :orb ro;�ene�a,F.`,�aein Trno dhedoesnole:aran! the
a«a ef!bxda,a�on�!n=d!,=�xtn.
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-- Croateu by Communih' ❑ereb;nizni Depar!mxnt
Exhibit B
TOWN OF AVON, COLORADO
ORDINANCE 09 -16
SERIES of 2009
AN ORDINANCE APPOVING AN AMENDMENT TO THE COURT AT
STONEBRIDGE PUD, TRACT B, EAGLEBEND SUBDIVISION, FILING 93 TO
ALLOW SHORT TERM RENTAL USE
WHEREAS, the Town of Avon approved Tract B, Eaglebend Subdivision, Filing #3, by
Ordinance No. 86 -12 which included the Zoning Plat for Eaglebend that described the allowed
uses for Tract B as "Single family, duplex, multifamily dwellings, condominiums, townhouses,
apartments, accessory buildings and uses," and which included PUD Amendment #1, Tract B,
Eaglebend Subdivision, Filing #3, adopted by Ordinance No. 97 -5 which states that the uses by
right and accessory uses include "Existing single family houses, existing houses, proposed
townhomes and existing detached garage buildings" and which further states, "Other
development and zoning provisions of the Town of Avon zoning code not specifically addressed
shall apply to this P.U.D. amendment;"
WHEREAS, the Town of Avon does not permit short term rental use as an accessory use to
residential property pursuant to the Town of Avon Municipal Code ( "AMC ");
WHEREAS, Tyson Kennedy, a property owner within the Court at Stonebridge Planned
Unit Development, Tract B, Eaglebend Subdivision, Filing 43 ( "Stonebridge PUD ")
representing the Stonebridge Cluster HOA has applied for a Planned Unit Development ( "PUD ")
Amendment, pursuant to Section 17.20.110 of the Avon Municipal Code;
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing
on November 3, 2009, after posting notice as required by law, considered all comments,
testimony, evidence and staff reports provided by the Town staff, considered such information
prior to formulating a recommendation, then took action to adopt findings and make a
recommendation of approval to the Town Council;
WHEREAS, Policy C.1.3 of the Town of Avon Comprehensive Plan states, "Focus lodging
and guest accommodation in the Town Center Districts to take advantage of the proximity to
retail, commercial and other community services ";
WHEREAS, the Town recently approved Ordinance 09 -12, to permit Short Term Rental
uses as defined by Section 3.28.020 for Hotel room, condominium unit, or other accommodation
of the Avon Municipal Code, in areas of the town core that are residential in nature; and,
WHEREAS, the Town Council of the Town of Avon held a public hearing on November 10,
2009, after posting notice as required by law, considered all comments, testimony, evidence and
staff reports provided by the Town staff prior to taking any action on the Stonebridge PUD
amendment application;
Ord No. 09 -16
WHEREAS, pursuant to Title 17.20.110(h) of the AMC, the Town Council finds this
application is in substantial compliance with the applicable review criteria;
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law and the AMC by setting a public hearing in order
to provide the public an opportunity to present testimony and evidence regarding the application
and that approval of this Ordinance on first reading does not constitute a representation that the
Town Council, or any member of the Town Council, supports, approves, rejects, or denies the
proposed zoning.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following:
SECTION 1. AMENDMENT TO STONEBRIDGE PUD. The Court at Stonebridge Planned Unit
Development, Tract B, Eaglebend Subdivision Filing #3, is hereby amended to include Short
Term Rental as an allowed use, as defined by Chapter 17.20.140 of the Avon Municipal Code, as
may be amended or re- codified from time to time.
SECTION 2. CORRECTION OF ERRORS. Town Staff is authorized to correct any typographical,
grammatical, cross - reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
SECTION 3. SEVERABILITY. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
SECTION 5. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Page 2 of 4
Ord No. 09 -16
SECTION 6. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance
by posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[signature page follows]
Page 3 of 4
Ord No. 09 -16
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED: the 27th day of October, 2009, and a public hearing on this ordinance shall be held at
the regular meeting of the Town Council on the 10th day of November, 2009, at 5:30 P.M. in the
Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado.
Ronald C. Wolfe, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on the 10th day of November, 2009.
Ronald C. Wolfe, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Page 4 of 4
Ord No. 09 -16
Jared Barnes Exhibit C
From: tysonindenver @aol.com
Sent: Tuesday, October 13, 2009 4:07 PM
To: Jared Barnes
Subject: Fwd: Stonebridge PUD Request
- - - -- Original Message---- -
From: Richard .Lardy @energyfutureholdings.com
To: tysonindenver @aol.com
Cc: Richard.Landy @energyfutureholdings.com
Sent: Tue, Oct 13, 2009 1:56 pm
Subject: Stonebridge PUD Request
The HOA of Stonebridge Cluster, tract B, filing 3 Eaglebend Subdivision is in full support of
amending the current PUD to include as a use, short term rentals. Tyson Kennedy has our
support to represent the HOA on this matter.
Sincerely,
Richard J. Landy
President of Stonebridge HOA
Confidentiality Notice: This email message, including any attachments, contains or may contain
confidential information intended only for the addressee. If you are not an intended recipient of
this message, be advised that any reading, dissemination, forwarding, printing, copying or other
use of this message or its attachments is strictly prohibited. If you have received this message in
error, please notify the sender immediately by reply message and delete this email message and
any attachments from your system.
QD ,
SQL 0
10/13/2009
-1
To whom it may concern
10 -5 -09
We at Stonebridge, a planned unit development are applying to amend our PUD
to include, Short Term Rental.
There are 19 units and attached you will find letters in full support of the option
to short term rent individual units. You will find 17 letters, the other two owners
live in Mexico and have been unable to reach however, rent their units.
We, as a community have gone to great lengths to express our desire to have
the option to short term rent our homes. Most of us, at one time or another, have
rented our homes and we have not had any negative impact from doing so. In
fact, by short term renting our homes, we have been able to enhance our
properties and the community as a result of renting. The positive impact has been
significant as our grounds and homes will prove. We as a community are united in
this effort and have worked as a team to see that our ability to short term rent is
restored.
By considering our right to amend our PUD having full support of our HOA and
community you will be restoring our ability to sell our homes if need be, restoring
our values and enabling us to maintain our homes in one of the worst economies
of our time.
Not only will each individual unit benefit but so will the town of Avon by
encouraging tourism to shop, eat and buy in our community. We are a small
percent of the 22% of short term rental options in the Town of Avon but we
impact the city non -the -less in what we bring to our town. We provide alternative
options for larger families who have put Avon on the map as being part of world
class skiing community.
Know that this has been a community effort and consider amendin our PUD as
it is in the best interest of our Home Owners Association and to our sn° a.l"h
determined community.
Stonebridge
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of Stonebridge homeowners association. 1
am writing in regards to ( city ordnance
0508 )
I have been a member of the Avon
community, and a owner of a stonebridge
home since 1991. 1 feel that Stonebridge is
unique; in that it is small homeowners
association. In that it is small and that we
are single family homes: (City ordnance
0508 ) has been brought to my to my
attention by several of the homeowners. I
hope we can work with the city to exempt
our association : from the short term rental
policy, and allow us the option of short term
rentals. I believe because of are location : it
should not be an impact on Avon.
P.S
Thank you for you're consideration
http: / /webmail.aol.com/ 43792/ aol /en- us /mail/PrintMessage.aspx 7/23/2009
ALE Lo SMIRL
3 S. La Salle St.- Suite 602
Chicago, Illinois 60603
(312)782 -9325
To: City Council
Avon, Colorado
July 22, 2009
Thank you for the opportunity to make this disclosure. My family purchased a home in
Stonebridge (No. 12) in 2001. We were made aware of Avon, Colorado through another
homeowner in Avon who was doing short term rentals. After staying in their home on two
occasions, we were so impressed with the community that we purchased one of the units.
Certainly, one of the elements considered in the price was the fact of the home being
used for short term rentals when we were not there. We have opened our home to such
guests who prefer to stay in homes over hotels. If these guests are not allowed to stay on a
short term basis in Avon, there are many surrounding areas that do encourage and allow
short term stays.
These guests, also, contribute to the local economy.
My records indicate several thousand dollars paid to Avon for taxes each year.
The positives seem to outweigh the negatives on the short term rental issue.
I, sincerely, request the City Council review this practice and officially adopt such
change to allow short term rental in Avon.
Thank You,
Dale Sn- rl
From: Marguerite Langstaff <judgemtl @q.com>
To: tysonindenver @aol.com
Subject: Ordinance 0805 Stonegridge Avon City Council
Date: Mon, Jul 20, 2009 8:47 pm
July 20, 2009
Avon City Council
Avon, Colorado
Re: Request for overlay so that the short term rental ordinance 0805 will not apply to our Stonebridge
Condo Association, specifically number 4, Stonebridge, Avon, Colorado
Dear Avon City Council,
We have just recently learned that an Ordinance 0805 was passed in 2005 which prohibits us from
renting our Stonebridge condo /townhouse in Avon for less than 31 days. It is our understanding that
you can overlay a PUD or whatever prohibits us from short term rentals and that the problem will be
solved. We are requesting that you do whatever has to be done so that we can continue to rent short
term if we so desire. To limit us in such a way significantly depreciates the value of our investment
property, and we are so worried about this.
We urge you to please provide the overlay, or to do whatever you have to do so that we can rent for less
than 31 days. We need that option in order to continue to enjoy our investment property.
Many thanks for your cooperation and for your timely action regarding this serious problem.
Sincerely,
Stonebridge Condo /Townhouse owners
Samuel H. Langstaff, Jr.
Marguerite T. Langstaff
38 Eagle Drive
Littleton, Colorado 80123
303 771 -2781
http: / /webmail.aol.com/ 43792/ aol /en- us /mail/PrintMessage.aspx 7/20/2009
From: Rjlandy2 @aol.com _
To: Tysonindenver @aol.com
Subject: Ability to Rent Our Homes - An Issue of Property Rights
Date: Mon, Jul 20, 2009 3:39 pm
Tyson, 1 join in supporting the Stonebridge Homeowners who wish to preserve the right to rent out their homes.
When I purchased my property in 2001, 1 was told i could rent it at my discretion. I have opted not to, but take
umbrage at those who take away our right to do this - without any form of notice or process. This is confistatory
diminution of our rights as owners. It has a negative effect on the value of our property as it reduces the pool of
potential buyers.
I will join you and other homeowners(taxpayers) in pursuing the steps required to reinstate our rights. We should
work in concert with the Avon City Council to remedy this situation and effect a permanent solution.
Richard J Landy
President, Stonebridge Homeowners Assn
What's for dinner tonight? Find quick and easy dinner ideas for any occasion
http: / /webmail.aol.com/ 43792/ aol /en- us /mail/PrintMessage.aspx 7/20/2009
From: tysonindenver @aol.com
To: tysonindenver @aol.com; mdev999 @gmail.com
Subject: Stonebridge Short Term Rental Overlay
Date: Fri, Jul 17, 2009 1:56 pm
Dear Council Members of Avon
My name is Tyson Kennedy, owner of Stonebridge #6 in the City of Avon. I am writing to request consideration
of Overlay Ordinance No. 05 -08-to allow for short term rental in our subdivision of Stonebridge at 3000 Eaglebend
Dr.
I was given a warning notice dated February 27th of 2009 advising me to "cease and desist" using my property
for short term rental as I was in violation of Ordinance 05 -08 giving me only 5 days to comply regardless of
previous contracts and commitments made by me and my management company. Vail Valley rental company has
shut down and moved out of the valley as a result of this ordinance. I am, on the other hand suspended in
knowing what to do exactly to modify this ordinance other than to tell you how I feet about it.
As I stated in the Council Meeting, July 14th there are what I believe "unintended consequences" to this
ordinance both to me personally and to the City of Avon.
To me personally,
1) 1 bought this property as an investment 10 years ago and this ordinance has taken that investment potential
away from me completely and was at the time, a huge selling point to me and my children.
2) This ordinance has taken away an unknowing value from my home as it is no longer sellable if I were to ever
need or want to. No informed and intelligent buyer would ever want to buy a second home in a resort community
and be refused the right to short term rent when they have other communities to choose from who will support the
rights of home owners.
3) The income generated from short term rentals in my unit helped to maintain my property, pay taxes and meet
assessments when asked for by the HOA. 1 was able to maintain the property, enhance the property and general
upkeep due to the rental income. Now, due to Ordinance 05 -08, this seems impossible while putting two children
thru college.
4) If something were to happen to me at this time, short tern rentals would help my children to keep and maintain
this property in our family as first intended. This home has been a huge part of our family's "Home for the
Holidays" and I want to protect their rights as well as mine in order to keep and maintain it.
Unintended Consequences to the City of Avon
1) Property values have dropped making Avon a less desirable place to purchase a home.
2) Local businesses will see a decline in business because they are not drawn to our community via availability
of short term rentals.
3) There will inevitability be more foreclosures.
4) HOA's will see delinquent or no payments at all.
5) There will be no rental taxes collected or paid.
6) There will be a loss of tourism..... this has to be a huge unintended consequence to Ordinance 05 -08.
7) We, the City of Avon will become less competive with all other surrounding cities.
8) Property management companies will and have gone out of business..... still fewer taxes paid.
9) We become known as the city not to purchase a home in, not to rent from but hey ..... please come spend your
tourism dollars here with us but go back to Vail or Edwards. It doesn't make any sense.
http://webmail.aol.com/43792/aol/en-us/Mail/PrintMessage.aspx 7/20/2009
7 -20 -09
Avon Town Council;
My name is Gil_ Fancher and I live with my family full time in
Avon within the Stonebridge home development. I am writing in
regards to the short term rental situation with the town of Avon.
I did not realize the town had restricted the ability of owners in the
town of Avon from doing short term rentals, I feel this is a big
mistake for the town of Avon. In my viewpoint and belief there are
many reasons why the Town should not restrict short term rentals
in the Town of Avon.
The #1 and most important reason is the fact that we live in a
Vacation Destination Resort Community that thrives on Real
Estate, Rentals and Services. Many of the owners that have
purchased Real Estate over the years have done so with the
mindset to rent their property while they are not using the property
to help offset cost of ownership these owners who have purchased
homes have stimulated our economy and continue to do so each
time they visit, the people they rent their homes to short term also
stimulate our economy each time they visit.
If you take the short term rental ability away it is like your tying _
one hand behind your back and trying to do the same job or get the
same result as if you had two hands. Why restrict something that
helps generate the life blood of our community. I hope you see
clear to allow short term rentals in the Town of Avon
Sincerely,
July 19, 2009
To Avon City council,
I have recently been notified that a ruling was passed sometime ago by Avon city council
disallowing short term rentals in "select' areas of Avon including my residents — Stonebridge; this
is unfortunate and short sided thinking.
Not all people that go on vacation like to stay in hotels, I being one of them travel all the time in
my profession. When possible, we will seek a home rental as they are more spacious and
comfortable.
Short term rentals also create spending by the renters in the local retail stores, much more so
than staying at a hotel where the majority of their funds are spent in house. When a short term
renter arrives they stock the house with everything they will need for the long weekend or week,
this creates spending and tax revenues. Not to mention the tax revenues on the rental.
Without short term rental ability your ordinance will drive down the property values of our homes
in Avon, this in turn will lower the real- estate tax bases.
Avon is a resort community and people look to rent homes as well as stay in hotels, look in the
back of any Ski, Skiing, Powder, Travel magazine.
I hope you will reconsider and change your current ruling to allow short term rentals again.
/Jof:n T e!*Cbski
_/
3000 Eaglebend Drive
Stonebridge 45
Avon, CO 81620
951 -553 -5186
From: Harlan B Juengling <hb @energyequityservices.com>
To: Rich Landry <Rjlandy2 @aol.com >; tysonindenver @aoi.com
Subject: Letter Sent to all council members
Date: Thu, Jul 16, 2009 11:30 am
Thank you for your support /consideration of our initiative to change the short term rental restrictions in the Stonebridge
development.
Since the meeting last Tuesday, we have been in touch with members of our community development department in Avon.
They have suggested that the council has encouraged them to develop a proposal that would modify the restrictions 0508, in
some areas. They have been most helpful in explaining the situation and providing additional information. We are very
pleased with the council's concern and responsiveness to the plight of the second home constancy.
As you are aware, we believe that the restrictions on short term rentals cause financial distress in some cases and in other
cases a crisis. From a property valuation standpoint, the restrictions limit the pool of potential buyers for our property who
would be inclined to rent on a short term basis to pay the nominal cost of second home ownership. From a city of Avon
prospective, the increased tourist traffic generated by our short term rentals contribute to sales tax revenues. If no one is in
my house no one is spending money. Finally, the majority of us have done substantial improvements on our properties and
use local contractors and pay permit fees to Avon.
We are taking a proactive approach to be included in the new development zone by circulating a petition among our home
owners. It is our goal to provide you and the rest of the council with that petition so that you can see our collective opinion.
Stonebridge specific considerations:
1- Location to BC and mass transit that provides.
2- History of both short and long term rentals over ten years that I know about and probably since inception. Until the letters
of 3 months ago, we did not even know of 0508 and the prohibition of short term rentals.
3- Being contiguous to a "lodge" on parcel 1 to the West. We would not be a rental island in the residential community.
4- High percentage of non - resident second home owners.
If you would like to discuss this further please feel -free to contact me at your connivence.
Respectfully Submitted,
HB Juengling
Stonebridge #3
303 884 5554
P.S. - Tyson's annual rental income quoted in the "Mountaineer ", $50,000, was incorrect otherwise the two units on the
market in Stonebride would be a steal.
http: / /webmail.aol.com/ 43792/ aol /en- us /mail/PrintMessage.aspx 7/17/2009
From: Chris Frerecks <chris @kineticknowledge.com>
To: tysonindenver @aol.com
Subject: Stonebridge # 10
Date: Fri, Jul 17, 2009 4:42 pm
Town of Avon
Attn: City Council
To whom it may concern at City Council Avon,
I own a home owner in Stonebridge, which is a private enclave on Avon CO. I own unit
#10.
I am in full support of the overlay to short term rentals, Ordinance #0508. I desperately
need and would sincerely appreciate my rights as an Avon homeowner.
Particularly, the following rights:
• Home owners rights, in general
• A severely devalued Investment
• A difficulty to sell the home
• And undermined tourist revenues, which are important to property values in general
Chris Frerecks
Skype: Frerecks
(970) 471 3079
chris @kineticknow /edge. com
http: / /webmail.aol. com / 43792/ aol /en- us /mail/PrintMessage.aspx 7/17/2009
Avon City Council
Avon, Co 81620
July 17 2009
To Whom It May Concern:
I am a property owner in Stonebridge. It has come to my attention that there is a
prohibition against short term rentals in Avon. I would like to weigh in, in support of
short term rentals. In these hard economic times, when communities are trying to devise
ways to keep tax revenues up it makes the most sense to allow people to keep their homes
and pay their taxes any way they can. If short term rentals help them financially I believe
it is an easy solution.
Please contact me if you need any additional information. My number is 970.845.8889.
Cordially,
Mary K. Bochain
PO Box 2500
Edwards, Co 81632
To City Council Of Avon Colorado
I am in complete compliance with restoring our rights to short
term rent.
NamecJ�
Date �- 3
Address ��Guy 7� L-Z- �- 7 ����, (�iv� 7 j G
Phone number LP6) A�- d,
To City Council Of Avon Colorado
I am in complete compliance with restoring our rights to short
term rent.
Name M'A �AC��> '�
Date 0--� �I
Address
Phone number��
Page 1 of 1
Matt Pielsticker
From: tysonindenver @aol.com
Sent: Tuesday, November 03, 2009 10:06 AM
To: Matt Pielsticker
Subject: Fwd: stonebridge
- - - -- Original Message---- -
From: mtmckina @aol.com
To: tysonindenver @aol.com
Sent: Wed, Oct 28, 2009 7:10 pm
Subject: stonebridge
am writing to support short term rentals in the Stonebridge pud. Nina Stephens unit #11 Stonebridge
11/3/2009
Page 1 of 1
Matt Pielsticker
From: tysonindenver @aol.com
Sent: Tuesday, November 03, 2009 10:05 AM
To: Matt Pielsticker
Subject: Fwd: Approve Stonebridge Rentals
- - - -- Original Message---- -
From: Chris Bourne <bournechris @me.com>
To: tysonindenver @aol.com
Sent: Sun, Nov 1, 2009 5:39 pm
Subject: Approve Stonebridge Rentals
approve of short term rentals at Stonebridge.
Berta Bourne
Stonebridge #8
Chris Bourne
918.850.4333
bournechris(a)-me.com
http : / /www.Iinkedin.com /in /wcbourne
11/3/2009
Page 1 of 1
Matt Pielsticker
From: tysonindenver @aol.com
Sent: Tuesday, November 03, 2009 10:06 AM
To: Matt Pielsticker
Subject: Fwd: Stone Bridge "14"
- - - -- Original Message---- -
From: Eustaquio <cortina.eustaquio @gmail.com>
To: tysonindenver @aol.com
Sent: Thu, Oct 29, 2009 10:07 am
Subject: Stone Bridge "14"
I am in favor of the option to short term rent at Stonebridge.
Sincerely,
Eustaquio Cortina
Stone Bridge 14
970 471 0626
www.matemago.com.mx
ERIKA MARIEL Edad: 9
Ciudad: ECATEPEC Estado: DE MEXICO
Mensaje: HOLA NECECITO ESTE JUEGO POR QUE ODIO LAS MATE PERO CON ESTE ME SUPER
DIVIERTO GRACIAS POR HACERLO,ESPEROME AYUDE PONIENDO UN JUEGO DE DIVISIONES
TENQUIUS A I LOVE ,ESPERO ME CONTESTE.
11/3/2009
HARDY'S PARCEL CNTR 4108888110 11/08/09 07:28pm P. 001
PAUL & BONNIE HARDY
328 SOUTH MAIN STREET
BET, Al lt.7 MD 21014
BY FAX: 970-949-5749
November 3, 2009
Town of Avon
P. 0. Box 975
Avon, CO 81.620
Attention: Mail Pielsticker, Planner 11
Dcar Matt Pielsticker:
We are the owners of 3000 Eagle Bend Drive, Unit 19, in Avon.
We fully support Tyson Kennedy°s proposal for short -term rental.
Sincerely Yours,
73rnanie & Paul Hardy
HEART of the NIALLEY :i
Memo AVON
C O L O R A D O
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Matt Pielsticker, Planner II
Date: October 27, 2009 Regular Meeting
Re: Stonebridge Planned Unit Development (PUD) Amendment Proposal
Tract B, Filing 3, Eaglebend Subdivision
Summary:
The applicant, Tyson Kennedy, is proposing to amend the PUD zoning for Tract B,
Filing 3, Eaglebend Subdivision. The PUD amendment proposes to add "Short
Term Rentals" as an allowed use on the subject property. The Zoning Plat for the
Eaglebend Subdivision allows the following uses on the subject property; "Single
Family, duplex, multifamily dwellings, condominiums, townhouses, apartments,
accessory buildings and uses." The subsequent amendment for the Stonebridge
PUD modified the allowed uses to state; "Existing single family houses, existing
houses, proposed townhomes and existing detached garage buildings."
The location of the PUD is consistent with the criteria for Short Term Rentals as
outlined in the Comprehensive Plan and the Short Term Rental Overlay Zone
District, which was approved at the October 13th, 2009 Town Council meeting, by
focusing lodging uses to the Town Center districts and the Town Core respectively.
The proximity of the Stonebridge PUD to Highway 6 and ECO transit bus stops
creates an ideal opportunity for Short Term Rentals.
Based on discussion during the October 13th, 2009 Town Council meeting, the
proposed PUD amendment is before the Town Council for first reading of Ordinance
09 -16. The Planning and Zoning Commission will hold a subsequent review at their
November 3rd, 2009 meetin�q. The second reading of Ordinance 09 -16 is anticipated
to be held on November 10t , 2009.
Please refer to the attached Ordinance, and accompanying materials for the specific
details of the applicant's request.
Recommended Motion:
"I move to APPROVE Ordinance 09 -16, an Amendment to the Court at Stonebridge
PUD allowing for Short Term Rentals.
Town Manager Comments:
Attachments:
- Ordinance 09 -16, "An Amendment to the Court at Stonebridge PUD to allow for
Short Term Rentals"
Stonebridge PUD Amendment Town Council October 27, 2009 Regular Meeting