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TC Ord. No. 2010-05 Approving an Amendment to the Nottingham Station PUD Lot4 Nottingham Station Subdiv to Allow Short Term Rental UseTOWN OF AVON, COLORADO ORDINANCE 10 -05 SERIES of 2010 AN ORDINANCE APPOVING AN AMENDMENT TO THE NOTTINGHAM STATION PUD, LOT 4, NOTTINGHAM STATION SUBDIVISION, TO ALLOW SHORT TERM RENTAL USE WHEREAS, the Town of Avon approved a Planned Unit Development ( "PUD ") Amendment, by Ordinance No. 95 -7, which set forth the standards and described the permitted uses for Lot 4, Nottingham Station to include "Multiple Family Dwelling Units and associated garages plus one management unit not to exceed 330 square feet;" 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, Vicki Eastman, with the permission of and on behalf of the Canyon Run Homeowners Association, 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 March 3, 2010, 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 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 March 23, 2010, 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 Brookside PUD amendment application; 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 Ord No. 10 -05 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 I. AMENDMENT TO NOTTINGHAM STATION PUD. The Nottingham Station Planned Unit Development, Lot 4, Nottingham Station Subdivision, 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. 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. Page 2 of 4 Ord No. 10 -05 [signature page follows] Page 3 of 4 Ord No. 10 -05 INTRODUCED APPROVED, PASSED ON FIRST READING AND ORDERED POSTED: the 9`� day of March, 2010, and a plbjic hearing on this ordinance shall be held at the regular meeting of the ncil on the 23 -day of March, 2010, at 5:30 P.M. in the Council Chambers, Avon t..Pauil , One Lake Street, Avon, Colorado. •o Ronald C. Wolfe, Mayor .. • Q,PO Published by posting 1 ee 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: n IT f�% P tty cKenny, n lerk Eric Heil, Town Attorney I DUCED, F Y APPROVED, AND PASSED ON SECOND READING, AND ORDERED PU POSTING on the23 -day of March, 2010. :SEAL: C Ronald C. Wolfe, Mayor Published by postingIe in at least three public places in Town and posting by title at the office of the Town Clerk. Page 4 of 4 Ord No. 10 -05 r • Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved by: Sally Vecchio, Asst Town Manager, Com Dev From: Matt Pielsticker, Planner II Date: March 16, 2010 Initials ��P/AAAie Re: PUBLIC HEARING Ordinance No. 10 -05, Series of 2010 Amending the Nottingham Station PUD to Permit Short Term Rental Units on Lot 4 Summary: The Canyon Run HOA submitted an application to amend the Canyon Run Planned Unit Development ( "PUD ") to permit "Short Term Rentals" as a use by right on Lot 4 of the development. The Planning and Zoning Commission made a unanimous recommendation for approval of this application at their March 3, 2010 meeting. The Council approved the first reading of this Ordinance at the March 9, 2010 meeting. • Please refer to the attached Planning and Zoning Commission packet information related to this application for details of the property and proposal. Background: The Town Council adopted a Short Term Rental Overlay Zone District last year to permit such uses for hotel rooms condominium units or other accommodation units in specific areas of town that were adjacent to the town core and residential in nature. PUD zoned properties were not included in the overlay district and instead must apply for PUD amendment to include short term rentals as a permitted use in the development. This application is in conformance with the review criteria for PUD amendments and the intent of the Short Term Rental Overlay District by concentrating accommodation units in residential areas of the town core. Recommendation: Staff recommends the Council approve Ordinance No. 10 -05, Series of 2010, citing the findings contained herein which support amending the Canyon Run PUD to add "Short Term Rentals" as a use by right. Proposed Motion: "I move to Approve Second Reading of Ordinance No. 10 -05, Series of 2010, Amending the Nottingham Station PUD to permit short term rental units on Lot 4 (Canyon Run)." • Town Manager Comments: Q TOWN OF AVON, COLORADO • ORDINANCE 10 -04 SERIES of 2010 AN ORDINANCE APPROVING AN AMENDMENT TO THE BROOKSIDE PUD, LOTS 2 & 3, EAGLEWOOD SUBDIVISION, TO ALLOW SHORT TERM RENTAL USE WHEREAS, the Town of Avon approved a Rezoning from RHDC to PUD for Lots 2 & 3, Eaglewood Subdivision, by Ordinance No. 96 -8 which included the Development Plan that described the allowed residential uses as "Multiple Family Dwelling Units including townhomes, condominiums and apartments;" 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, Vicki Eastman, with the permission of and on behalf of the Lodge at Brookside Association, 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 public hearings on February 16, 2010, and March 3, 2010, 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 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 March 23, 2010, 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 Brookside PUD amendment application; 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 • Ord No. 10 -04 i' • 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 BROOKSIDE PUD. The Brookside Park Planned Unit Development, Eaglewood Subdivision, 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. 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. Page 2 of 3 Ord No. 10 -04 [signature page follows] INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED: the 91h day of March, 2010, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 26th day of March, 2010, 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: Patty McKenny, Town Clerk APPROVED AS TO FORM: Eric Heil, Town Attorney It r J INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND • ORDERED PUBLISHED BY POSTING on the 26th day of March, 2010. 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 3 of 3 Ord No. 10 -04 • . i . (1 CONDOMINIUM DECLARATION FOR N1 TAE LODGE AT BROOKSIDE M IIIIIIIIIII-1111111 11111111111111111111111111111111111 Hill III HIM 111111 IN 671313 10/0111998 04:48P 134 Sara Fisher 1 of 72 R 361.00 0 0.00 N 0.00 Eayle CO • . ARTICLE 13 USE RESTRICTIONS/DISCLOSURES Section 13.1 Use of Condominium Units. Subject to the rights of Declarant and the Association under this Declaration, .all Condominium Units shall be used for dwelling and lodging purposes only, except that Condominium Units used for dwelling and lodging purposes may also be used for home occupations which do not cause unreasonable disturbance to other Owners and which are permitted by applicable zoning codes. Subject to the rights of Declarant and the Association under this Declaration, Owners of Condominium Units may rent or lease their Condominium Units for the-forgoing permitted .purposes only. Subject to the rights ofDeclarant and the Association under this Declaration, the use of Condominium Units shall be subject to the rules and regulations of the Association and the terms of the other Brookside Lodge Documents governing the use of Condominium Units. Nothing contained in this Section 13.1 shall be interpreted to or shall restrict, limit or otherwise interfere with or affect in any way any of the rights of Declarant or.the Association under this Declaration Section 13.2 Conveyance Condominium Units. All Condominium Units, whether or not the instrument of conveyance or assignment shall refer to. this Declaration, shall be subject to the covenants, conditions, restrictions, easements; reservations, rights -of -way, and other provisions contained in this Declaration. Section 13.3 Use of Common Elements. Subject to the rights of Declarant and the Association under this Declaration,-there shall be no obstruction of the Common Elements and nothing shall be kept or stored on any part of the Common Elements by any Owner or other person, except in areas that may be expressly designated for storage on the Map or by the Association, without the prior written approval of the Association. Subject to the.rights of Declarant and. the Association under this Declaration, nothing shall be altered on, constructed in,. or removed from the Common Elements by any Owner or other person, without the prior written approval of the Association. The use of the Common Elements shall be. subject to the provisions of this Declaration and the other Brookside Lodge Documents, including the rights and easements provided for in Article 14, and to the provisions -of the Master Association Documents. Nothing contained in this Section 13.3 shall be interpreted to or shall restrict, limit or otherwise interfere with or affect in any way any of the rights of Declarant or the Association under this Declaration. Section 13.4 Prohibition of Increases in Insurable Risks and Certain Activities. Nothing shall be done or kept in any Condominium Unit or in or on the Common Elements, or any part thereof, which would result in the cancellation of the insurance on all or any part of the Condominium Project, and nothing shall be done or kept in. any Condominium Unit or in or on the Common Elements, or any part thereof, except for activities permitted pursuant to Declarant's rights under this._Declaration, -which _wolid result.' - the- rate.ofth II_. or any part of the Condominium Project, over what the Association, but for such activity, would pay., without the prior written approval of the Association. Nothing shall be done or kept in any Condominium Unit or in or on the Common Elements, or any part thereof, which would be in* violation of any statute, rule, ordinance, regulation, permit, or other imposed requirement of any governmental body. Subject to the rights of Declarant under this Declaration, no damage to of . q 0.." • 571313 10/01/1998 04:48P 134 Sara fisher • 39 of 72 R 361.00 0 0.00 N 0.00 Eagle CO r. • Staff Report PUD Amendment March 2, 2010 Planning & Zoning Commission Meeting • • Report Date February 26, 2010 Project Type Planned Unit Development (PUD) Amendment Legal Description Lot 4, Nottingham Station PUD Prepared By Matt Pielsticker, Planner II Summary The applicant, Vicki Eastman, on behalf of the Canyon Run Homeowners Association, has applied for a Planned Unit Development ( "PUD ") Amendment to Lot 4, Nottingham Station PUD, commonly known as "Canyon Run." The proposal is to allow "Short Term Rentals," or rentals of duration less than thirty -one (31) days, in addition to the currently allowed land uses. The Nottingham Station PUD calls out "Multiple Family Dwelling Units and associated garages" for Lot 4 on the approved PUD documents. The Zoning Ordinance defines a multi - family dwelling as a structure with three or more residential dwelling units, not to include lodge type uses. This amendment request will add "Short Term Rentals" to the list of allowable land uses, which is currently limited to the following: condominium units and associated attached garages, detached garages, parking spaces and driveways, trash enclosures, and enclosed management storage. Staff recommends approval of this application to allow short-term rentals as a use in the Nottingham Station PUD. Process Short Term Rentals are regulated pursuant to Sec 17.20.140 of the Zoning Ordinance. PUDs that are not included in the Short Term Rental Overlay District and do not already include short term rentals as a permitted use must apply for a PUD amendment. PUD amendments are adopted by Council Ordinance. The review process requires a hearing and recommendation by the Commission followed by a second public hearing before the Council. After holding a public hearing in accordance with Sec 17.12.100 of the Zoning Ordinance, the Town of Avon Planning and Zoning Commission will make a formal recommendation to the Avon Town Council based on the compatibility of this land use and compliance with the review criteria found within this report. Council will hold a hearing within 30 days of the Commission hearing and either approve, approve with conditions, or deny the application. The Canyon Run HOA, which controls all management duties of the project, has approved this specific use, and the private covenants allow for "dwelling and lodging purposes only'. V K Property Description • The property is zoned PUD and is entitled up to 70 dwelling units. As constructed, the condominium units are grouped into a total of 9 buildings — Buildings A through I. The structures are situated in a linear fashion between the parking and driveway and the Eagle River to the South. There is an 8' recreation path located between the roadway and driveway /parking portion of the property. The row of parking on the north side of the project is a combination of covered garage and open -air parking. Open space abuts the west and southern boundaries of the property. There is a mix of single - family, duplex and multi- family properties in the immediate neighborhood, including Avon Crossing and Eaglebend apartments. Policy Analysis The intent of the Short Term Rental Overlay (STRO) District regulations is to permit "Short Term Rental uses for hotel room, condominium unit, or other accommodation in areas of the town core that are residential in nature." Permitting short term rentals in the Nottingham Station PUD is consistent with the intent of the STRO regulations. The Property is located in close proximity to town center amenities and is directly served by the Town of Avon Transportation system with a bus stop on Hurd Lane. In addition to the established transportation system, residents and visitors can walk approximately 1,500 feet to the Riverfront Gondola to connect with the resort. • Planning Analysis The applicant is requesting that short term rentals be permitted as a use by right in all of the buildings. Property owners in this project have historically utilized their units for short term rentals and the Homeowners Association has approved this land use. The private covenants for the property permit this use in addition to customary residential uses. During the Short Term Rental Overlay district hearings with the Town Council, the applicant was actively engaged with the process in order to protect what owners have historically understood to be a use by right. After it was determined that the Overlay district could not impact existing PUD development approvals, the property management was directed to submit a PUD amendment application in order to legitimize this pre- existing use. As stated, the property was contemplated when drafting the STRO district regulations, and the property is situated in an ideal portion of Town to accommodate this land -use. In terms of parking, this property is sufficiently parked in accordance with the approved PUD documents and parking is adequate for either short term rental use or permanent residents. The parking requirement is congruent with the standard residential parking regulations as outlined in Sec 17.24.020 of the Zoning Code. There is a mix of deeded garage spaces, open -air surface spaces, and signed guest parking. r • Engineering 9 The application does not require any modifications to the Property that would require engineering design. Design Review The application does not require any modifications to the Property or the buildings that would require design review. Findings The proposed PUD Amendment to allow Short Term Rentals at the Canyon Run Townhomes is consistent with the review criteria set forth in Section 17.20.110 of the Zoning Code as follows: 1. Conformance with the Town of Avon Commehensive Plan's Goals and Objectives. The PUD amendment would allow short term rentals on the property, which is consistent with Avon's desire to encourage tourism and visitors. 2. Conformity and compliance with the overall design theme of the town, the sub -area design recommendations and design guidelines of the Town. There are no proposed changes to the exterior design of the project that will be 40 required to accommodate short-term rental units on the property 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. The architectural design of the project would remain as it is today. No aspects related to the design compatibility with the immediate environment would be affected with the addition of short term rentals to the list of allowed uses. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The surrounding land -uses and densities in the surrounding area provide a compatible and practical relationship with the proposed additional short term rental use. There is a mix of residential and commercial uses in the immediate area. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD Is proposed. Canyon Run is not located near any natural or geologic hazards. 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. The Property is located along the north side of the Eagle River. The building and site design of the Property are responsive to the sensitive and natural features of the • 4 river environment. There is a Town owned piece of property contiguous with the entire south property line for continued open space. All of the buildings are setback at least 30' from the Eagle River. 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. The circulation system is design for both vehicles and pedestrians. The Transportation Plan acknowledges the path in front of the complex as an "existing core trail ". The Transportation Plan envisions continued summer and winter bus service on Hurd Lane to service the project. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The Nottingham Station PUD is well - connected with the river environment bordering the south side of the property. 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. No phasing plan is required for this proposal. 10.Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. The local Red bus line has frequent service directly in front of the property. Please see the aerial vicinity map attached as Exhibit A for the exact location of this particular stop. Residents and guests can access the resort, shopping, and other services in the town core. No additional burden will be experienced for public services such as sewer, water, and schools. There are no additional anticipated impacts generated by this land -use on the property then the current land -use mix. 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. The Property has two direct points of access from Hurd Lane. Ingress and egress to the Property is safe with adequate site distance in either direction of the entrances. There will be no additional units or density created as a result of this amendment. 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. it U • • 5 • 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. The Avon Comprehensive Plan supports resort and lodge type development in the Town Core area, and there is a public purpose inherent with lodge type housing which the current entitlements cannot achieve. The location of this property, in close proximity to the entrance of Beaver Creek resort, and walking distance to the Town Center, creates a compatible workable situation with adjacent uses. Recommended Motion Staff recommends APPROVAL of the PUD Amendment to permit short term rentals on Lot 4, Nottingham Station PUD (Canyon Run) to the Avon Town Council with the following findings of fact related to the applicable criteria: 1. The subject application is in substantial conformance with the Town of Avon Comprehensive Plan Goals and Objectives (Criterion 1); and, 2. The proposed use and associated activity provide a compatible, efficient • and workable relationship with surrounding uses; and, 3. The Town desires to permit "Short Term Rentals" in residential /mixed -use areas of the Town Core that are designed as such and where property owners wish to engage in short-term renting of dwelling units; and, 4. The approval of this application and corresponding Ordinance will help to protect and preserve the health, safety, and welfare of the Avon community." Exhibits A: Vicinity Map B: PUD Regulations • '�Jj t•Y , -rte _ rr�y� mac'.• ' � J `'j� J r yr i1 at• ..•1 'z -si riC /f'�• � . �%+f Yri'F� -� . i c �(- E { J _ i r �• :`t" h�ti�Fr "... :��_r���t �AU� t•r.�'V . � � 1 /'; �s � ? � J �„" �'' '! �� �'' -! air•` -'2 ,f,�' ` p � Z a , i r •� c' r �• Y �"aa �j7'�-',{+' 4' :;ir�T : '".'`�...1�. �1,� \ \\ ' T.y'' 1.:.'`•,•: , +:r' � '� i � 1 :�. ;�+ �L'r a ,' •9 � � �['+S�� ^', iS'i. �, _ 4° •i ',.,`'�+:"�, h �o r. 6� •s ,� `'1 9't.:� Ir� f /; •� ` y: �� 'S�� '• "i��f�', i'�ll„� .'.' �ftz`•,•> Ki'r Lam. •r.� �a .,;.4,1 ' ei 'rc,� � tsr•E •.,,� » �''•:, � {' it ""�'.'�:: � r y `. , - �n�f4,`, ',�•"'�v��`��, -^• ,�,'��`•��r�$Z;r, .S' ,:� i Tv £: N�ti�y - A•'f`� �, } : f r , Y^:+,,�,�,.:- �•��. - � =��„�� �' -s:;• �'y�'ti,�`a�'yr,+.`1 n `a ' yrr � > �.i •ua �,�",�^' r'�7. _ ��fy - -•��., , Ji.�t�..., .,` �`�e i, •y ���, '�'� . - 1JZ'{ .fig �Tqi i ~.'�.� � ;,3/.� .lf ^'fit "' �� ' -+S�•. .i•,tJ 4zrf7' v ,r��� "_' ' �f � I� N' �x r Fi ' t 'lia .� 1 Kl r if .l7 ..N � /,tom l �., F ;,J•' j��„ � , ti 4 • # ,.:.+ • J '.,.. �`. _ n,�`. .F`�,.yC� ..... ' `,� •b+ -ly •.•.� •` • ,, l . ] is .. .., w .r •r W PUD N07ES The property tine between Lot 4 and Tract C shalt also be o 'no- disturb' /h7& No work may be done within the area except for construction of the multi -use path Indicated or the soft path, together with the kpdlcated connecting access ways Any additional disturbance south and /or of the 'no- o7sturb' fine shall be allowed only with the aparowt of the Town of Awn stoff (and U.S Army Caps of Eng#mws perm /t where required). The property lire between Lot 4 and Tract C shd/ be protected by sed/mentotion fencing at the start of any construction wank on Lot A The fencing shall be maintained throughout construction and portions of such fencing moy only be removed at the completion of a particular phase of construction including (moll' landscaping. Wet /ands determined by the Army Corps of Engineers to be extending onto Lot 4 will be fenced and protected h»m disturbance during construction. Distances between buildings In Amos A, B, &C shdi be 15 feet minimum, except that the separation may be reduced to a min/muni of 12 feet between the attached garages only. _Qich distances shot/ be measured face of budding wall to face of buddkhg wall. Distances between buildings in Areas D, & d F and Areas G N, dr / shall be 18 feet minknum, excerpt that the separation moy be reduced to o minimum of 15 fret between the attached garages only. Me gap indicated between Areas C dr D and Areas F & G may be oditrsted east or west as required by site layout and subject to DR& appromat. Nowemr, the mkiknum width Indicated may not be reduced fie interior dhdskn lie between buildings in any group of three (A/l9 /C. D/l,/t and G/N/i) may be adJusted easterty or westerly as required to accommodate the final budding eonfrguratknA promdded the maximum number of units In any one area and the minknurn separation between buddkrgs Is maintained On Lot 4 there may be one management office, not to exceed JM sq. ft. in area, at an unspecified location but It must be incorporated in a condominium budding or group of detached garages The bur7ding en►efope Is defined such drat roof ovaMangs *exterior deans (Includkhg on -grade patios) are to be contained within the enmwdopeL Exterior on -grade walks and access stairs are not constrained by the budding en ► elopes Setbacks and miinum clearances of budding enmelepe //»es from adjacent property tines shill be maintained. Lot 4 - "..1a Breakdown Description Maximum Number Max Building Max. Dormer Allowed Uses of units* Height Height Area A 8 Units 49 feet 50 feet Condominium units and - associated attached oempes Area B 8 Units 47 feet 49 feet Condominium units and associated attached nareaes Area C 8 Units 48 feet 48 feet Condominium units and associated attached aaraues Area D 8 Units 47 feet 47 feet Condominium units and associated attached cararies Area E 8 Units 46 feet 48 That Condominium units and associated attached nerages Area F 8 Units 48 feet 49 feet Condominium units and associated attached paranas Area G 8 Units 50 feet 53 feet Condominium units and associated attached aarages Area H 8 Units 48 feet 50 feet Condominium units and associated attached garages Area 1 8 Units 49 feet 49 feet Condominium units and associated attached oarages 10 individual garages Detached garages, parking spaces Area G1 total ­Who more than 6 15 feet and drives, trash enclosures, In a grouping enclosed manaaernard storage. 10 individual garages Detached.gerages. parking spaces Area G2 total-wino more than 6 15 feet and drives, trash enclosures, aareass in a roupinq enclosed rnananement store . 10 individual garages Detached garages, parting spews Area G3 total -whir mare than 6 15 feet and drives. trash enclosures. — garages in a L•roupino encased management storage, ' Number of units for Areas A through I not io exceed 70 in aggregate total. Notes: Building height is measured in accordance with Town of Avon standard for sloping sites. Height is to ba measured at the end elevations of the building, perpendicular to the slope. MM&Mffn height is limited by whichever end Is results in the greater height Dormers In the roof will not effect the height calculations If the the dormer area is less than 50 % of the plane of the roof in which the dormer is locatec�as long as ft dormer ridge is below the main roof ridge. Min. distance between grounings of detached garacles in any single area to be 37 feet. � • • • r C7 • Memo To: Thru: Legal Review: Approved by: From: Date: Re: Honorable Mayor and Town Council Initials Larry Brooks, Town Manager Eric Heil, Town Attorney Sally Vecchio, Asst Town Manager, Com Dev Matt Pielsticker, Planner II January 21, 2010 Ordinance No. 10 -05, Series of 2010 Amending the Canyon Run PUD To Permit Short Term Rental Units On Lot 4. Summary: The Canyon Run HOA submitted an application to amend the Canyon Run Planned Unit Development ( "PUD ") to permit "Short Term Rentals" as a use by right on Lot 4 of the development. The Planning and Zoning Commission made a unanimous recommendation for approval of this application at their March 3, 2010 meeting. Please refer to the attached Planning and Zoning Commission packet information related to this application for details of the property and proposal. Background: The Town Council adopted a Short Term Rental Overlay Zone District last year to permit such uses for hotel rooms condominium units or other accommodation units in specific areas of town that were adjacent to the town core and residential in nature. PUD zoned properties were not included in the overlay district and instead must apply for PUD amendment to include short term rentals as a permitted use in the development. This application is in conformance with the review criteria for PUD amendments and the intent of the Short Term Rental Overlay District by concentrating accommodation units in residential areas of the town core. Recommendation: Staff recommends the Council approve Ordinance -No. 10 -05, Series of 2010, citing the findings contained herein which support amending the Canyon Run PUD to add "Short Term Rentals" as a use by right. Proposed Motion: "I move to Approve Ordinance No. 10 -05, Series of 2010 Amending the Canyon Run PUD to permit short term rental units on Lot 4." Town Manager Comments: TOWN OF AVON, COLORADO ORDINANCE 10 -05 SERIES of 2010 AN ORDINANCE APPOVING AN AMENDMENT TO THE NOTTINGHAM STATION PUD, LOT 4, NOTTINGHAM STATION SUBDIVISION, TO ALLOW SHORT TERM RENTAL USE WHEREAS, the Town of Avon approved a Planned Unit Development ( "PUD ") Amendment, by Ordinance No. 95 -7, which set forth the standards and described the permitted uses for Lot 4, Nottingham Station to include "Multiple Family Dwelling Units and associated garages plus one management unit not to exceed 330 square feet;" 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, Vicki Eastman, with the permission of and on behalf of the Canyon Run Homeowners Association, has applied for a Planned Unit Development ( "PUD ") Amendment, pursuant to Section 17.20.110 of the Avon Municipal Code; 4 • WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on March 3, 2010, 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 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 March 23, 2010, 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 Brookside PUD amendment application; 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 • Ord No. 10 -05 ,/ • 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 NOTTINGHAM STATION PUD. The Nottingham Station Planned Unit Development, Lot 4, Nottingham Station Subdivision, 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. 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. • Page 2 of 4 Ord No. 10 -05 [signature page follows] • • Page 3 of 4 • Ord No. 10 -05 I' • INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED: the 9th day of March, 2010, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 26th day of March, 2010, 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 26th day of March, 2010. 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. 10 -05 M Staff Report • PUD Amendment March 2, 2010 Planning & Zoning Commission Meeting Report Date February 26, 2010 Project Type Planned Unit Development (PUD) Amendment Legal Description Lot 4, Nottingham Station PUD Prepared By Matt Pielsticker, Planner II Summary The applicant, Vicki Eastman, on behalf of the Canyon Run Homeowners Association, has applied for a Planned Unit Development ( "PUD ") Amendment to Lot 3, Nottingham Station PUD, commonly known as "Canyon Run." The proposal is to allow "Short Term Rentals," or rentals of duration less than thirty -one (31) days, in addition to the currently allowed land uses. The Nottingham Station PUD calls out "Multiple Family Dwelling Units and associated garages" for Lot 4 on the approved PUD documents. The Zoning Ordinance defines a multi - family dwelling as a structure with three or more residential dwelling units, not to include lodge type uses. This amendment request will add "Short Term Rentals" to the list of allowable land uses, which is currently limited to the following: condominium units and associated attached garages, detached garages, parking spaces and driveways, trash enclosures, and enclosed management storage. Staff recommends approval of this application to allow short-term rentals as a use in the • Nottingham Station PUD. Process Short Term Rentals are regulated pursuant to Sec 17.20.140 of the Zoning Ordinance. PUDs that are not included in the Short Term Rental Overlay District and do not already include short term rentals as a permitted use must apply for a PUD amendment. PUD amendments are adopted by Council Ordinance. The review process requires a hearing and recommendation by the Commission followed by a second public hearing before the Council. After holding a public hearing in accordance with Sec 17.12.100 of the Zoning Ordinance, the Town of Avon Planning and Zoning Commission will make a formal recommendation to the Avon Town Council based on the compatibility of this land use and compliance with the review criteria found within this report. Council will hold a hearing within 30 days of the Commission hearing and either approve, approve with conditions, or deny the application. The Canyon Run HOA, which controls all management duties of the project, has approved this specific use, and the private covenants allow for "dwelling and lodging purposes only'. • r 2 • Property Description The property is zoned PUD and is entitled up to 70 dwelling units. As constructed, the condominium units are grouped into a total of 9 buildings — Buildings A through I. The structures are situated in a linear fashion between the parking and driveway and the Eagle River to the South. There is an 8' recreation path located between the roadway and driveway /parking portion of the property. The row of parking on the north side of the project is a combination of covered garage and open -air parking. Open space abuts the west and southern boundaries of the property. There is a mix of single - family, duplex and multi- family properties in the immediate neighborhood, including Avon Crossing and Eaglebend apartments. Policy Analysis The intent of the Short Term Rental Overlay (STRO) District regulations is to permit "Short Term Rental uses for hotel room, condominium unit, or other accommodation in areas of the town core that are residential in nature." Permitting short term rentals in the Nottingham Station PUD is consistent with the intent of the STRO regulations. The Property is located in close proximity to town center amenities and is directly served by the Town of Avon Transportation system with a bus stop on Hurd Lane. In addition to the established transportation system, residents and • visitors can walk approximately 1,500 feet to the Riverfront Gondola to connect with the resort. Planning Analysis The applicant is requesting that short term rentals be permitted as a use by right in all of the buildings. Property owners in this project have historically utilized their units for short term rentals and the Homeowners Association has approved this land use. The private covenants for the property permit this use in addition to customary residential uses. During the Short Term Rental Overlay district hearings with the Town Council, the applicant was actively engaged with the process in order to protect what owners have historically understood to be a use by right. After it was determined that the Overlay district could not impact existing PUD development approvals, the property management was directed to submit a PUD amendment application in order to legitimize this pre- existing use. As stated, the property was contemplated when drafting the STRO district regulations, and the property is situated in an ideal portion of Town to accommodate this land -use. In terms of parking, this property is sufficiently parked in accordance with the approved PUD documents and parking is adequate for either short term rental use or permanent residents. The parking requirement is congruent with the standard residential parking regulations as outlined in Sec 17.24.020 of the Zoning Code. There is a mix of deeded • garage spaces, open -air surface spaces, and signed guest parking. 'v 3 Engineering Analysis • The application does not require any modifications to the Property that would require engineering design. Design Review The application does not require any modifications to the Property or the buildings that would require design review. Findings The proposed PUD Amendment to allow Short Term Rentals at the Canyon Run Townhomes is consistent with the review criteria set forth in Section 17.20.110 of the Zoning Code as follows: 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. The PUD amendment would allow short term rentals on the property, which is consistent with Avon's desire to encourage tourism and visitors. 2. Conformity and compliance with the overall design theme of the town, the sub -area design recommendations and design guidelines of the Town. There are no proposed changes to the exterior design of the project that will be required to accommodate short-term rental units on the property • 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. The architectural design of the project would remain as it is today. No aspects related to the design compatibility with the immediate environment would be affected with the addition of short term rentals to the list of allowed uses. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The surrounding land -uses and densities in the surrounding area provide a compatible and practical relationship with the proposed additional short term rental use. There is a mix of residential and commercial uses in the immediate area. 5. Identification and mitigation or avoidance of natural and /or geologic hazards that affect the property upon which the PUD is proposed. Canyon Run is not located near any natural or geologic hazards. 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. The Property is located along the north side of the Eagle River. The building and • site design of the Property are responsive to the sensitive and natural features of the 4 • river environment. There is a Town owned piece of property contiguous with the entire south property line for continued open space. All of the buildings are setback at least 30' from the Eagle River. 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. The circulation system is design for both vehicles and pedestrians. The Transportation Plan acknowledges the path in front of the complex as an "existing core trail ". The Transportation Plan envisions continued summer and winter bus service on Hurd Lane to service the project. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The Nottingham Station PUD is well- connected with the river environment bordering the south side of the property. 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. No phasing plan is required for this proposal. • 10.Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. The local Red bus line has frequent service directly in front of the property. Please see the aerial vicinity map attached as Exhibit A for the exact location of this particular stop. Residents and guests can access the resort, shopping, and other services in the town core. No additional burden will be experienced for public services such as sewer, water, and schools. There are no additional anticipated impacts generated by this land -use on the property then the current land -use mix. 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. The Property has two direct points of access from Hurd Lane. Ingress and egress to the Property is safe with adequate site distance in either direction of the entrances. There will be no additional units or density created as a result of this amendment. 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. • W 5 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. The Avon Comprehensive Plan supports resort and lodge type development in the Town Core area, and there is a public purpose inherent with lodge type housing which the current entitlements cannot achieve. The location of this property, in close proximity to the entrance of Beaver Creek resort, and walking distance to the Town Center, creates a compatible workable situation with adjacent uses. Recommended Motion Staff recommends APPROVAL of the PUD Amendment to permit short term rentals on Lot 4, Nottingham Station PUD (Canyon Run) to the Avon Town Council with the following findings of fact related to the applicable criteria: 1. The subject application is in substantial conformance with the Town of Avon Comprehensive Plan Goals and Objectives (Criterion 1); and, 2. The proposed use and associated activity provide a compatible, efficient and workable relationship with surrounding uses; and, • 3. The Town desires to permit "Short Term Rentals" in residential /mixed -use areas of the Town Core that are designed as such and where property owners wish to engage in short-term renting of dwelling units; and, 4. The approval of this application and corresponding Ordinance will help to protect and preserve the health, safety, and welfare of the Avon community." Exhibits A: Vicinity Map B: PUD Regulations • 0 AO 100 — Residential Streets Property Boundaries auo� nmr�vn��•rWWI,-q*M�m.conas011y T— oftI-dw Pwrtram , s1,hiM Ix toi AOmrJI purpose Ny r 1 F a 1 p.t •,a i,i IM accwncy nl ft ft'. a�nralip�tl M�.m c v t by D­ ,.p­, , s W • • PUD NOTES- fie property line between Lot 4 and Troct C shall also be o 'no— disturb" line. No work may be done within the area except for construction of the multi—use path-- - ind/coted or the soft path, together with the indicated connecting access ways. Any additional disturbance south and /or of the 'no—disturb" line shall be a/ /owed only with the approval of the Town of Avon staff (and U.S. Army Corps of Engineers permit where required). The property line between Lot 4 and Tract C shall be protected by sedimentation fencing at the start of any construction work on Lot 4. The fencing shall be maintained throughout construction and portions of such fencing moy only be removed at the completion of a particular phase of construction including Tina /J' landscaping. Wetlands determined by the Army Corps of Engineers to be extending onto Lot 4 will be fenced and protected from disturbance during construction. Distances between buildings in Areas A, B, &C shall be 15 feet minimum, except that the separation may be reduced to o minimum of 12 feet between the attached garages on /y. Such distances shall be measured face of building wall to face of building wall. Distances between buildings in Areas D, E, Ram and Areas G, H, & / shall be 18 feet minimum, except that the separation may be reduced to o minimum of 15 feet between the attached garages on /y. The gap indicated between Areas C & D and Areas F & G moy be adjusted east or west as required by site layout and subject to DRB approval. However, the minimum width indicated may not be reduced. The interior division line between buildings in any group of three (A/81C D/E/F, and G /H11) may be adjusted easterly or westerly as required to accommodate the final building configuratlons, provided the maximum number of units in any one area and the minimum separation between buildings is mointained. On Lot 4 there moy be one management office, not to exceed 330 sq. ft in area, at an unspecified location but it must be incorporated in a condominium building or group of detached garages The building envelope is defined such that roof overhongsEexterior decks (including on —grade patios) are to be contained within the envelope. Exterior on —grade walks and access stairs are not constrained by the building envelopes. Setbacks and minimum clearances of building envelope /fines from adjacent property lines shall be maintained. Lot 4 - .".: ,ia Breakdown Description Maximum Number Max Building Max Dormer Allowed Uses of Units* Height Height Area A 8 Units 49 feet 50 feet Condominium units and - associated attached garages Area B 8 Units 47 feet 49 feet Condominium units and associated attached garages Area C 8 Units 48 feet 48 feet Condominium units and associated attached neraAes Area D 8 Units 47 feet 47 feet Condominium units and associated attached carages Area E 8 Units 46 feet 48 feet Condominium units and associated attached garages Area F 8 Units 48 feet 49 feet Condominium units and associated attached garages Area G 8 Units 50 feet 53 feet Condominium units and associated attached garages Area H 8 Units 48 feet 50 feet Condominium units and associated attached garages Area 1 8 Units 49 feet 49 feet Condominium units and associated attached garages 10 individual garages Detached garages, parking spaces Area G1 total -w /no more than 6 15 feet and drives, trash enclosures, ara es in a grouping enclosed management storage. 10 individual garages Detached,garages, parking spaces Area G2 total -w /no more than 6 15 feet and drives, trash enclosures, garages in a. pro u in enclosed management storage. 10 individual garages Detached garages, parking spaces Area G3 total -whin more than 6 15 feet and drives, trash enclosures, garages in a Lgrouping enclosed management storage. Number of units for Areas A through I not io exceed 70 in aggregate total. Notes: Building height is measured in accordance with Town of Avon standard for sloping sites. Height is to be measured at the end elevations of the building, perpendicular to the slope. Maximum height is limited by whichever end is results in the greater height. Dormers In the roof will not effect the height calculations if the the dormer area is less than 50 % of the plane of the roof in which the dormer is locatedsas long as the dormer ridge is below the main roof ridge. Min. distance between grouDinps of detached garages in any single area to be 37 feet.