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TC Ord. No. 2013-02 Amending ADC Amend Def, UsesTOWN OF AVON, COLORADO ORDINANCE 13 -02 SERIES of 2013 AN ORDINANCE AMENDING THE AVON DEVELOPMENT CODE TO AMEND DEFINITIONS, AMEND PERMITTED USES IN THE TOWN CENTER ZONE DISTRICT AND TO AMEND REGULATIONS CONCERNING TIME SHARES AND FRACTIONAL OWNERSHIP. RECITALS WHEREAS, the Town of Avon ( "Town ") adopted Ordinance No. 10 -14 adopting the Avon Development Code ( "ADC "); WHEREAS, OZ Architecture and Mauriello Planning Group LLC ( "Applicant ") submitted a Code Text Amendment application to the Town as the authorized representative for Wyndam Vacation Resorts, Inc., the owner of property in the Town described as 75 Benchmark Road, Avon, CO 81620; WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on January 15, 2013, after publishing and 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 of fact and make a recommendation of approval to the Town Council; WHEREAS, after conducting these noticed Public Hearings, PZC made the required findings to approve the application and adopted PZC Resolution 13 -01, recommending approval to the Town Council; WHEREAS, the Town Council of the Town of Avon held public hearings on February 12, 2013 and February 26, 2013 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 Application; WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has considered the applicable review criteria for a Code Text Amendment; WHEREAS, the Town Council finds approval of the Application is in compliance with the mandatory review criteria; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon home rule charter and the Avon Development Code 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 Page 1 of 6 Ord No. 13 -02 Amending Avon Development Code 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 or other matters in this Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Section 7.08.010, General Definitions. Section 7.08.010, General Definitions, of the ADC is hereby amended to add the following definitions: "Hotel, Motel and Lodge means a building, excluding Bed and Breakfast, containing any room or group of rooms used primarily for short term transient lodging for a total continuous duration of less than thirty (30) days and which may include accessory uses such as offices, laundry facilities, recreational facilities, lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory uses commonly associated with hotels, motels and lodges. Vacation Club means a partnership, corporation, limited liability company or other legal entity that is the record owner, as reflected in the records of the Eagle County Tax Assessor, of a building containing one or more units which meet the definition of Dwelling, timeshare, interval ownership or fractional fee ownership and it permits possession of such dwelling(s) by its members and /or guests of its members on a periodic basis in consideration of such member's fractional ownership interest in the building or property or membership in the entity." Section 3. Amendment to Section 7.24.040, Table of allowed uses and Table 7.24 -1, Table of allowed uses. Section 7.24.040, Table of allowed uses, and Table 7.24 -1, Table of allowed uses, of the ADC is amended as follows: The column for the Town Center (TC) zone district shall be amended in the Use Category "Household Living" to add the designation "P" for Permitted Use in the following Use Types: Dwelling, Townhouse; Dwelling, Multi- Family; and, Dwelling, live /work. The Use Category "Household Living" shall be further amended to add a new row, entitled, "Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership /Vacation Club" and shall designate "S" for Special Review Use in the Neighborhood Commercial (NC) zone district, "P" for Permitted Use in the Mixed -Use Commercial (MC) zone district and "P" for Permitted Use in the Town Center (TC) zone district. In the Use Category "Accommodation ", the reference in the second row to "Lodging" shall be changed to "Hotel, Motel and Lodge ". Page 2 of 6 Ord No. 13 -02 Amending Avon Development Code The above mentioned modifications are exhibited in the table below: Use cat 017 Use Type Residential Non - Residential Us��geeiFre Re°�tlatio:as RD fiL R1l RH kFI �. NC �iC TG K P PF IC OLD Residential Uses Her =-Md Lhin= D « *11i _ Sin1� F 7v Dc_r. hed - P P ' Dwe hn , T o- Fails-., Duple P P P DwJlin- Townho¢ie P P P P P Dw11ia MuM-t=0v P111 P P P P �l� Lisat� to eanhy urats pzf ltt!il�i�eir<��t Dw?lhks Lic= t *;'orb S S S S S S DwJhna:Tim_har«.Im = val 5 P P ?.24.ti5 d 7.24. a Own shinorF-acti=1Fee Qwnuahh) i ace m Cl Acc?;aos,Dli S CTr4t<.P Liv7n= C-roap Hams_ S S S 5 S S 7.24. %eatiremlmthame.nuvaa- hOn' or asai "ate4l l5l'in°_�Sl3iv 5 S S 5 S S :kcct3 =0daTj0n Bedandbnzkfa.Tims S S S S S P P P Lad HotA_L Mol..l a Lodes P P P Section 4. Amendment to Section 7.24.050, Use - specific regulations. Section 7.24.050, Use - specific regulations, of the ADC shall be amended to enact a new subsection (d) to read as follows: "(d) Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership ( "timeshare ") must comply with the following limitations and conditions: (i) The marketing and sales practices for a timeshare development shall not include solicitation of prospective purchasers of timeshare units on any street, walking mall, courtyard or other public property or facility unless otherwise permitted by the Town. (ii) The parking requirement for a timeshare development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock -off units in the development, unless an appropriate level of guest transportation services, such as vans, car -share or shuttle vehicles, are offered as an alternative to having owners and guests using their own vehicles in Avon. (iii) The owner of a timeshare shall be prohibited from storing a vehicle in a parking space on -site when the owner is not using the estate." Section 5. Amendment to Section 7.24.060, Special review uses. Section 7.24.060(a)(1) of the ADC shall be repealed and re- enacted in its entirety to read as follows: "7.24.060 Special review uses. (a) Residential Uses — Household Living. (1) Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership: Page 3 of 6 Ord No. 13 -02 Amending Avon Development Code (i) The conversion of an existing building, structure or property to a Dwelling, timeshare, interval ownership or fractional fee ownership ( "timeshare ") shall be subject to the Special Review Use process if such use is Permitted in the underlying zone district. In addition to the Special Review Use procedures and criteria for review, all conversions to timeshare ownership shall comply with the Town's adopted fire, health and building codes; shall comply with the requirements of the zone district in which they are located; shall comply with all other applicable standards of this Code; and shall comply with the Use - specific regulations for Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership. For the purposes of this sub - section 7.24.060(a)(1) "conversion" shall mean the change of ownership from a non - timeshare ownership to a timeshare ownership as defined by Dwelling, timeshare, interval ownership or fractional fee ownership." Section 6. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and 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 7. 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 8. Effective Date. This Ordinance shall take effect thirty days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 9. 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 10. 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 at the Avon Town Hall, Avon Recreation Center and Avon Public Library, 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 Page 4 of 6 Ord No. 13 -02 Amending Avon Development Code during normal business hours. The Town Clerk is further ordered to publish a notice stating a vested property right has been created in accordance with Section. 7.16.140(d)(2) of the Avon Municipal Code. Section 11. Final Action. Approval and final adoption of this Ordinance on second reading constitutes the Town's final action for the purposes of any appeal, legal challenge or referendum seeking reconsideration of the decision of the Town Council with respect to this Ordinance and matters approved hereby in accordance with Section 7.16.020(f)(5) of the Avon Municipal Code and in accordance with Chapters VI and VII of the Avon Home Rule Charter. [EXECUTION PAGE FOLLOWS] Page 5 of 6 Ord No. 13 -02 Amending Avon Development Code INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED on February 1, 2013 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on February 12, 2013, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado. Ri Carroll, 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 U" Action by the Town Council. ---- 12:) A� cK nny, Tow APP VED AS TO 1 Eric Heil, o Attorney INTRO 5UCED,`�PLPi�VED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 26 "' day of February, 2013. Ri arro1 , - ayor Published by posting bSRORADC) public places in Town and posting by title at the office of the Town ClerATT EA tty cK nny, Town Page 6 of 6 Ord No. 13 -02 Amending Avon Development Code TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Jared Bames, Planner 1 Date: Friday, February 20, 2013 Agenda topic Code Text Amendment for Timeshare, Interval Ownership, Fractional Fee Ownership and Vacation Clubs Update At their February 12, 2013 meeting, the Town Council approved the first reading of Ordinance 13 -02. They also recommended that the application fee be waived since the applicant applied for this code text amendment so that it would track concurrently with the Lot 61 applications. Staff recommends that the Town Council approve the second reading of Ordinance 13 -02, as recommended in this report. Summary of Requests Dominic Mauriello, Mauriello Planning Group, representing the owner of Lot 61, Wyndham Vacation Resorts, has applied for a code text amendment. The code text amendment is in response to issues brought forth at the December 18th, 2012 Planning and Zoning Commission meeting with regard to the legality of timeshare uses within the Town Center zone district. Please find Draft Ordinance 13 -02 (Attachment A) attached to this report for your review and consideration. The proposed Code Text Amendments would amend the following portions of Title 7, Development Code: Chapter 7.o8, Definitions; Section 7.24.04o, Table of allowed uses; Table 7.24 -1, Table of allowed uses; Section 7.24.050, Use - specific regulations; and, Section 7.24.o6o, Special review uses. An amendment to AMC Chapter 7.o8, Definitions, is to establish definitions for "Hotel, Motel, and Lodge" and "Vacation Club ". An amendment to AMC Section 7.24.040, Table of allowed uses, and Table 7.24 -1, Table of allowed uses, is to establish a use type of "Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership/Vacation Club Ownership" and its allowance within each zone district. An amendment to AMC Section 7.24.050, Use - specific regulations, is to establish specific limitation and conditions for "Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership ( "timeshare ") ". An amendment to AMC Section 7.24.o6o, Special review uses, is to establish a special review use process for any conversion of an existing dwelling to a "timeshare" use. Each of these proposed changes will be discussed further throughout this Staff Report. The PZC reviewed these proposed amendment at their January 15, 2013 meeting. After holding a public hearing, they recommended approval of the proposed amendments as exhibited in PZC Resolution 13 -01 (Attachment B). Zoning Code Background Prior to 2010, the Town's zoning code was governed by Title 17, Zoning, which listed out each zone district separately and included dimensional standards as well as a list of permitted and special review uses for each district. Below, as an example, are the standards for the Town Center zone district: 17.20.020 Town Center — TC. (a) Intention. The Town Center District is intended to provide sites for a variety of uses such as lodges, commercial establishments and offices in a predominantly pedestrian environment. In accordance with the Comprehensive Master Plan, these regulations are intended to provide development which distinguishes the Town Center from other areas within the Town. (b) Allowed uses. The following uses shall be permitted in the TC District: (1) Retail stores; (2) Specialty shops; (3) Restaurants, excluding drive - through windows; (4) Cocktail lounges; (5) Personal service shops; (6) Professional offices; (7) Hotels; (8) Lodges; (9) Apartments; (1o) Condominiums; (11) Indoor recreation and/or entertainment facilities; (12) Theaters; (13) Financial institutions; (14) Bed and breakfast lodge; (15) Church; (16) Additional uses determined to be similar to allowed uses in accordance with the intent of this zone district. (c) Special review uses. (1) Public transportation facilities; (2) Public parking facilities; (3) Timeshare, interval ownership and fractional fee ownership projects; (4) Aboveground public utility installations; (5) Drive - through windows; (6) Medical center/hospital. (d) Development standards. (1) Minimum lot size: thirty thousand (30,000) square feet; (2) Maximum building height: eighty (8o) feet; (3) Minimum building setbacks: Front: twenty -five (25) feet; Side: seven and one -half (7.5) feet; Rear: ten (1o) feet; (4) Maximum site coverage: fifty percent (50q); (5) Minimum landscaped area: twenty percent (20q); (6) Maximum density: thirty (3o) dwelling units per acre of buildable area or ninety (9o) accommodation units per acre of buildable area. (Ord. 97 -14; Ord. 91 -10 §1(part)) During 2010, the Town embarked on the adoption of Title 7, Development Code. This new title repealed Titles 16, Subdivision, and 17, Zoning, and adopted a new unified development code. One of the larger changes to the zoning aspect was the adoption of a table that would govern permitted and special review uses throughout each zone district, Section 7.24.040, Table of allowed uses, and Table 7.24 -1, Table of allowed uses. This table was first proposed by the Town's consultant, Clarion Associates, and was later modified by the Zoning Advisory Committee and Town Staff prior to the public review process. Through these modifications the use categories "Household Living ", "Group Living ", and "Accommodation" were modified. During one draft, Town Staff determined that zoning should not be administered based on type of ownership, but rather on the style of unit configuration. The Town Staff modified the above - mentioned use categories as seen below: Zoning Text Amendment for "Timeshares" Page 2 Table Household Dwelling, Single- Regulitions RD RL RNI I RH I �­__ �" I NC AIC TC P PF 17C Living Fainily Detached P P P .11 P Dwelling. Two-Faritily, [I] L11irred 10 Dwelling. [1] Limited to Accommodation Berland breakfast inns S s S S P P P la Group LivinF Group Homes S S S S S S 724060(b) Retirernent home, Lo mg As exhibited above through this process the use type "Dwelling, Timeshare, Interval Ownership, or Fractional Fee 0vvnership" was completely removed. The intent at the time was that "Dwelling, K8ulti- farnUv''or''Lodgine'vvou|dsufficefmr'1lmeshare''usesasthebui|dingvvou|dhousennu|tip|etami|iesor be of a lodging nature. Ultimately the following use types were adopted by the Town Council for residential uses: Table 2 U'lle CatePry Uw Type Regulitions RD RL RNI I RH I �­__ �" I NC AIC TC P PF 17C HOLD Residential Uses Household Dwelling, Singrje-Fivnily P [I] L11irred 10 Accommodation Berland breakfast inns S s S S P P P Planning Analysis The proposed modifications outlined in Draft Ordinance 13-02, will not only provide clarity on Timeshare uses being allowed within various zone districts, but will also cleanup specific regulations related to Timeshare uses that require special review. First, Section zof Ordinance 13-0z proposes to amend Section 7-o8, General Definitions, to include definitions for "HoteL Motel and Lodge" as well as "Vacation {]ub''. The definition of''Hote|, Motel and Lodge" is different from the previous definitions within Title 17, Zoning, but does convey the same intent of Zoning Text Amendment for ~Timxmharea Page the previously adopted definitions for "Lodge" and "Hotel ". The definition of "Vacation Club" is a new definition for the Town's zoning code. This definition directly links the term "Vacation Club" to "Dwelling, fractional fee ownership" which is the same definition as "Dwelling, timeshare ". By linking these definitions the Town is stating that all forms of fractional fee ownership or "Timeshares" shall be permitted by zoning in the same manner, weather it is a Vacation Club or a Timeshare property. Second, Section 3 of Ordinance 13 -02 proposes to amend both Section 7.24.040, Table of allowed uses, and Table 7.24- 1,Table of allowed uses. Upon further review of the definition for "Dwelling, multi - family" it was clear that it was not intended to include "Timeshare" uses. The proposed modifications will provide for use allowances within various zone districts for "Vacation Club ", "Dwelling, timeshare ", "Dwelling, fractional fees ", and other similar uses. Furthermore, the proposed changes will rename the "Lodging" use type to "Hotel, Motel, and Lodge" which will coincide with the new definition. These proposed changes will modify the use table as follows: Table 3 Sections 4 and 5 of Ordinance 13 -02 propose to amend the existing §7.24.050, Use - specific regulations, as well as §7.24.060, Special Review Uses, to provide more clarity over which regulations are use - specific and which should be reviewed through the special review use process. In Table 2, above, the stricken row for "Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership" referred to use - specific regulations as outlined in §16.04.o5o(a). This reference, although stricken from the Use Table, remained in the code and due to renumbering prior to adoption became §7.24.o6o(a). When reviewing this section a portion of the language relates to conversion of existing dwelling units to timeshare uses, while other portions pertain to specific regulations regarding Timeshare uses. Staff is of the opinion that not all of these subsections should trigger the need for a Special Review Use process, but should be included during the regular review of a new Timeshare project, or use - specific regualtions. Section 4 of Ordinance 13 -02 proposes to enact a new subsection (d) within §7.24.050, Use - specific regulations. The new subsection is identical to the existing language of §7.24.o6o(a)(1)(iii -v), with the exception that proposed subsection (d)(i) includes a provision that allows the Town to permit marketing and sales on public property or facilities. Zoning Text Amendment for "Timeshares" Page 4 Residential INDtt- Residential C> SL- Specific Use c'ateson. Use Type RD RL RXI I RH I N-{: tic ..t P PF IC OLD ReAulatiuns Residential Uses Li ir= -- P P P iin r ts= P P P P P ?7ir '.COIL- =21 P_' P P P P = ; ^'dildin _ P P ETa- . ruai r 3 =v C S S S S S P P P Sections 4 and 5 of Ordinance 13 -02 propose to amend the existing §7.24.050, Use - specific regulations, as well as §7.24.060, Special Review Uses, to provide more clarity over which regulations are use - specific and which should be reviewed through the special review use process. In Table 2, above, the stricken row for "Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership" referred to use - specific regulations as outlined in §16.04.o5o(a). This reference, although stricken from the Use Table, remained in the code and due to renumbering prior to adoption became §7.24.o6o(a). When reviewing this section a portion of the language relates to conversion of existing dwelling units to timeshare uses, while other portions pertain to specific regulations regarding Timeshare uses. Staff is of the opinion that not all of these subsections should trigger the need for a Special Review Use process, but should be included during the regular review of a new Timeshare project, or use - specific regualtions. Section 4 of Ordinance 13 -02 proposes to enact a new subsection (d) within §7.24.050, Use - specific regulations. The new subsection is identical to the existing language of §7.24.o6o(a)(1)(iii -v), with the exception that proposed subsection (d)(i) includes a provision that allows the Town to permit marketing and sales on public property or facilities. Zoning Text Amendment for "Timeshares" Page 4 Section 5 of Ordinance 13 -02 proposes to repeal the existing §7.24.o6o(a) and re -enact a rewritten section. Although the language of the proposed section is different the content and intent remains the same as the currently adopted language. The current language discusses the special review criteria required for a conversion from an existing dwelling unit to a Timeshare unit. The proposed language has the same purpose, but provides additional clarity with respect to the process and the compliance with applicable codes. The proposed language clearly states that a conversion will trigger a Special Review Use process, but only if the use is permitted in the underlying zone district. The proposed language retains the criteria of the current language by requiring compliance with: fire, health and building codes; requirements of the zone district the proposal is in; and, applicable standards of the development code. The proposed language does expand the requirements to include compliance with the proposed Use - Specific regulations 07.24.050(d)) and better defines how a conversion is classified. Staff is of the opinion that the proposed code text amendment, as outlined above and included in Ordinance 13 -02, promotes and enacts the intent of the Development Code while it was being drafted, and clarifies how the Town permits and administers zoning related to Timeshares, Interval Ownerships, Fractional Fee Ownerships, and Vacation Clubs. The proposed code text amendment also modifies and clarifies existing language so that pertinent sections either apply to all "Timeshare" projects or triggers a Special Review Use process. The proposed Code Text Amendments comply with the review criteria listed below. They have no impact on the health, safety, and general welfare of the community and implement the goals and policies of the Avon Comprehensive Plan. Specifically, a principal Land Use Goal (Goal C.1) desires to "provide a balance of land uses that offers a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities, working in concert to strengthen Avon's identity as both a year -round residential community and as a commercial, tourism and economic center." By allowing "Timeshare" uses within the Town Center and Mixed Use Commercial zone districts the Town is increasing the types of housing options to include Condominiums, Hotels, Lodges, and "Timeshares ". By permitting "Timeshares" within the Town Center zone district, one of the Planning Principals of both the West and East Town Center Districts, to develop residential and lodging uses, can be realized. The proposed Code Text Amendments also promote the purposes of the Development Code by allowing for efficient uses of land and providing zone districts that reduce the demand on public services. By placing lodging and "Timeshare" uses in the urban core, guests and residents are encouraged to walk or use mass transit instead of driving. In addition, the proposed code text amendments are desirable for clarity of the Development Code and respond to a pending development application. Review Criteria §7.16.040(c), Code Text Amendment Review Criteria. The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the text of the Development Code: (1) The text amendment promotes the health, safety, and general welfare of the Avon Community; (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; (3) The text amendment promotes or implements the purposes stated in this Development Code; or Zoning Text Amendment for "Timeshares" Page 5 (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts, or other social or economic conditions. Staff Recommendation(s): Staff has two recommendations for the Town Council: 1. Staff recommends the Town Council approve the second reading of ordinance 13 -02; and, z. Staff recommends the Town Council move to waive the application fee for the Code Text Amendment application, since the Applicant proposed the proposed Code Amendments to ensure they coincided with the review of the Lot 61 Rezoning, Major Development Plan, and Alternative Equivalent Compliance applications. Attachments: A: Draft Ordinance 13 -02 B: PZC Resolution 13 -01 Zoning Text Amendment for `Timeshares" Page 6 Attachment A TOWN OF AVON, COLORADO ORDINANCE 13 -02 SERIES of 2013 AN ORDINANCE AMENDING THE AVON DEVELOPMENT CODE TO AMEND DEFINITIONS, AMEND PERMITTED USES IN THE TOWN CENTER ZONE DISTRICT AND TO AMEND REGULATIONS CONCERNING TIME SHARES AND FRACTIONAL OWNERSHIP. RECITALS WHEREAS, the Town of Avon ( "Town ") adopted Ordinance No. 10 -14 adopting the Avon Development Code ( "ADC "); WHEREAS, OZ Architecture and Mauriello Planning Group LLC ( "Applicant ") submitted a Code Text Amendment application to the Town as the authorized representative for Wyndam Vacation Resorts, Inc., the owner of property in the Town described as 75 Benchmark Road, Avon, CO 81620; WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on January 15, 2013, after publishing and 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 of fact and make a recommendation of approval to the Town Council; WHEREAS, after conducting these noticed Public Hearings, PZC made the required findings to approve the application and adopted PZC Resolution 13 -01, recommending approval to the Town Council; WHEREAS, the Town Council of the Town of Avon held public hearings on February 12, 2013 and February 26, 2013 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 Application; WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has considered the applicable review criteria for a Code Text Amendment; WHEREAS, the Town Council finds approval of the Application is in compliance with the mandatory review criteria; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon home rule charter and the Avon Development Code 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 Page 1 of 6 Ord No. 13 -02 Amending Avon Development Code Attachment A 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 or other matters in this Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Section 7.08.010, General Definitions. Section 7.08.010, General Definitions, of the ADC is hereby amended to add the following definitions: "Hotel, Motel and Lodge means a building, excluding Bed and Breakfast, containing any room or group of rooms used primarily for short term transient lodging for a total continuous duration of less than thirty (30) days and which may include accessory uses such as offices, laundry facilities, recreational facilities, lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory uses commonly associated with hotels, motels and lodges. Vacation Club means a partnership, corporation, limited liability company or other legal entity that is the record owner, as reflected in the records of the Eagle County Tax Assessor, of a building containing one or more units which meet the definition of Dwelling, timeshare, interval ownership or fractional fee ownership and it permits possession of such dwelling(s) by its members and /or guests of its members on a periodic basis in consideration of such member's fractional ownership interest in the building or property or membership in the entity." Section 3. Amendment to Section 7.24.040, Table of allowed uses and Table 7.24 -1, Table of allowed uses. Section 7.24.040, Table of allowed uses, and Table 7.24 -1, Table of allowed uses, of the ADC is amended as follows: The column for the Town Center (TC) zone district shall be amended in the Use Category "Household Living" to add the designation "P" for Permitted Use in the following Use Types: Dwelling, Townhouse; Dwelling, Multi- Family; and, Dwelling, live /work. The Use Category "Household Living" shall be further amended to add a new row, entitled, "Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership/Vacation Club" and shall designate "S" for Special Review Use in the Neighborhood Commercial (NC) zone district, "P" for Permitted Use in the Mixed -Use Commercial (MC) zone district and "P" for Permitted Use in the Town Center (TC) zone district. In the Use Category "Accommodation ", the reference in the second row to "Lodging" shall be changed to "Hotel, Motel and Lodge ". Page 2 of 6 Ord No. 13 -02 Amending Avon Development Code Attachment A The above mentioned modifications are exhibited in the table below: L =seCateE_on. ResidenfcaI No n- RmidenEial LEse- �peciCzc ReeulaCions RL R-AI I RH -� NC MC TC P PP I IC OLD Residential Uses Hc.= -- • Id Li�:inz D ]IiM e: Vii' =s,I - __h_i P P Dw, lji } -F DaP:e: P P P P P P P P Ali _rltzi -I Pf ?i P P P P �tunii,r _ P P = __ C--t :p Living .. C ,,Dup Hum_. A -tr.In_,tats on - =i and .a i=_ 5 S S S S P P P P P P Section 4. Amendment to Section 7.24.050, Use - specific regulations. Section 7.24.050, Use - specific regulations, of the ADC shall be amended to enact a new subsection (d) to read as follows: "(d) Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership ( "timeshare ") must comply with the following limitations and conditions: (i) The marketing and sales practices for a timeshare development shall not include solicitation of prospective purchasers of timeshare units on any street, walking mall, courtyard or other public property or facility unless otherwise permitted by the Town. (ii) The parking requirement for a timeshare development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock -off units in the development, unless an appropriate level of guest transportation services, such as vans, car -share or shuttle vehicles, are offered as an alternative to having owners and guests using their own vehicles in Avon. (iii) The owner of a timeshare shall be prohibited from storing a vehicle in a parking space on -site when the owner is not using the estate." Section 5. Amendment to Section 7.24.060, Special review uses. Section 7.24.060(a)(1) of the ADC shall be repealed and re- enacted in its entirety to read as follows: "7.24.060 Special review uses. (a) Residential Uses — Household Living. (1) Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership: Page 3 of 6 Ord No. 13 -02 Amending Avon Development Code Attachment A (i) The conversion of an existing building, structure or property to a Dwelling, timeshare, interval ownership or fractional fee ownership ( "timeshare ") shall be subject to the Special Review Use process if such use is Permitted in the underlying zone district. In addition to the Special Review Use procedures and criteria for review, all conversions to timeshare ownership shall comply with the Town's adopted fire, health and building codes; shall comply with the requirements of the zone district in which they are located; shall comply with all other applicable standards of this Code; and shall comply with the Use - specific regulations for Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership. For the purposes of this sub - section 7.24.060(a)(1) "conversion" shall mean the change of ownership from a non - timeshare ownership to a timeshare ownership as defined by Dwelling, timeshare, interval ownership or fractional fee ownership." Section 6. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and 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 7. 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 8. Effective Date. This Ordinance shall take effect thirty days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 9. 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 10. 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 at the Avon Town Hall, Avon Recreation Center and Avon Public Library, 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 Page 4 of 6 Ord No. 13 -02 Amending Avon Development Code Attachment A during normal business hours. The Town Clerk is further ordered to publish a notice stating a vested property right has been created in accordance with Section. 7.16.140(d)(2) of the Avon Municipal Code. Section 11. Final Action. Approval and final adoption of this Ordinance on second reading constitutes the Town's final action for the purposes of any appeal, legal challenge or referendum seeking reconsideration of the decision of the Town Council with respect to this Ordinance and matters approved hereby in accordance with Section 7.16.020(f)(5) of the Avon Municipal Code and in accordance with Chapters VI and VII of the Avon Home Rule Charter. [EXECUTION PAGE FOLLOWS] Page 5 of 6 Ord No. 13 -02 Amending Avon Development Code Attachment A INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED on February 1, 2013 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on February 12, 2013, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado. Rich Carroll, 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 INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 26`" day of February, 2013. Rich Carroll, 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 6 of 6 Ord No. 13 -02 Amending Avon Development Code Attachment B TOWN OF AVON, COLORADO PLANNING COMMISSION RESOLUTION 13 -01 SERIES OF 2013 A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO TITLE 7 OF THE AVON DEVELOPMENT CODE TOI AMEND DEFINITIONS< AMEND PERMITTED USES IN THE TOWN CENTER ZONE DISTRCIT AND TO AMEND REGULATIONS CONCERNING TIMESHARES AND FRANCTIONAL OWNERSHIP WHEREAS, the Town of Avon ( "Town ") adopted Ordinance No. 10 -14 adopting the Avon Development Code ( "ADC "); WHEREAS, OZ Architecture and Mauriello Planning Group LLC ( "Applicant ") submitted a Code Text Amendment application to the Town as the authorized representative for Wyndam Vacation Resorts, Inc., the owner of property in the Town described as 75 Benchmark Road, Avon, CO 81620; WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on January 15, 2013, after publishing and 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 of fact and make a recommendation of approval to the Town Council; WHEREAS, the Planning & Zoning Commission finds the Application complies with the review criteria set forth in Sections 7.16.040(c) as described below; and, WHEREAS, it is the Planning and Zoning Commission's opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of the amendments to Section 7.08.010, General Definitions, Section 7.24.040, Table of allowed uses, Table 7.24 -1, Table of allowed uses, Section 7.24.050, Use - specific regulations, and Section 7.24.060, Special review uses, of the Avon Development Code. NOW THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends that the Town Council of the Town of Avon approve the attached amendments ( "Exhibit A to Resolution 12 -04 ") with the following findings: (1) The changes to Section 7.08.010, General Definitions, Section 7.24.040, Table of allowed uses, Table 7.24 -1, Table of allowed uses, Section 7.24.050, Use - specific regulations, and Section 7.24.060, Special review uses, of the Avon Development Code comply with the criteria set forth in Section 7.16.040(c) of the Avon Municipal Code. Attachment B ACCEPTED, APPROVED AND ADOPTED THIS I4`h OF NOVEMBER, 2012 AVON PLANNING AND ZONING COMMISSION Signed: ca—A—, Chris Green, Chair Attest: Scott Prince, Secretary Resolution 13 -0I, Code Text Amendment for Vacation Clubs and Timeshares Attachment B "Exhibit A to PZC Resolution 13 -01" Section 1. Amendment to Section 7.08.010, General Definitions. Section 7.08.010, General Definitions, of the ADC is hereby amended to add the following definitions: "Hotel, Motel and Lodge means a building, excluding Bed and Breakfast, containing any room or group of rooms used primarily for short term transient lodging for a total continuous duration of less than thirty (30) days and which may include accessory uses such as offices, laundry facilities, recreational facilities, lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory uses commonly associated with hotels, motels and lodges. Vacation Club means a partnership, corporation, limited liability company or other legal entity that is the record owner, as reflected in the records of the Eagle County Tax Assessor, of a building containing one or more units which meet the definition of Dwelling, timeshare, interval ownership or fractional fee ownership and it permits possession of such dwelling(s) by its members and /or guests of its members on a periodic basis in consideration of such member's fractional ownership interest in the building or property or membership in the entity." Section 2. Amendment to Section 7.24.040, Table of allowed uses and Table 7.24 -1, Table of allowed uses. Section 7.24.040, Table of allowed uses, and Table 7.24 -1, Table of allowed uses, of the ADC is amended as follows: The column for the Town Center (TC) zone district shall be amended in the Use Category "Household Living" to add the designation "P" for Permitted Use in the following Use Types: Dwelling, Townhouse; Dwelling, Multi- Family; and, Dwelling, live /work. The Use Category "Household Living" shall be further amended to add a new row, entitled, "Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership/Vacation Club" and shall designate "S" for Special Review Use in the Neighborhood Commercial (NC) zone district, "P" for Permitted Use in the Mixed -Use Commercial (MC) zone district and "P" for Permitted Use in the Town Center (TC) zone district. In the Use Category "Accommodation ", the reference in the second row to "Lodging" shall be changed to "Hotel, Motel and Lodge ". The above mentioned modifications are exhibited in the table below: Resolution 13 -01, Code Text Amendment for Vacation Clubs and Timeshares 3 Attachment B Use Category Use Type Residential Non- Residential iise- Specific Regulations - R➢ RL RX I I RH ,� I I -N-C MC TC P PF IC 0i Residen €ial Uses Hvo-hzId Lilts =:_ :,_n_y P P i...Dur7m. P P P =3lin= -� nh3u_e P P P P P -w 1 s: MJh- t--MAv Pll= P P P P _izit z e at >- e'iin�L i.ai� -era 5 5 5 5 S 5 7 :i - ; DU= 3 s S Qfm:P Lhiz z S S S S S B el A. 1PU=- t i;3 z _ihf ice, S S S 5 S P P P - P P P Section 3. Amendment to Section 7.24.050, Use - specific regulations. Section 7.24.050, Use - specific regulations, of the ADC shall be amended to enact a new subsection (d) to read as follows: "(d) Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership ( "timeshare ") must comply with the following limitations and conditions: (i) The marketing and sales practices for a timeshare development shall not include solicitation of prospective purchasers of timeshare units on any street, walking mall, courtyard or other public property or facility unless otherwise permitted by the Town. (ii) The parking requirement for a timeshare development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock -off units in the development, unless an appropriate level of guest transportation services, such as vans, car -share or shuttle vehicles, are offered as an alternative to having owners and guests using their own vehicles in Avon. (iii) The owner of a timeshare shall be prohibited from storing a vehicle in a parking space on -site when the owner is not using the estate." Section 4. Amendment to Section 7.24.060, Special review uses. Section 7.24.060(a)(1) of the ADC shall be repealed and re- enacted in its entirety to read as follows: "7.24.060 Special review uses. (a) Residential Uses — Household Living. (1) Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership: (i) The conversion of an existing building, structure or property to a Dwelling, timeshare, interval ownership or fractional fee ownership ( "timeshare ") shall be subject to the Special Review Use process if such use is Permitted in the Resolution 13 -01, Code Text Amendment for Vacation Clubs and Timeshares Attachment B underlying zone district. In addition to the Special Review Use procedures and criteria for review, all conversions to timeshare ownership shall comply with the Town's adopted fire, health and building codes; shall comply with the requirements of the zone district in which they are located; shall comply with all other applicable standards of this Code; and shall comply with the Use - specific regulations for Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership. For the purposes of this sub - section 7.24.060(a)(1) "conversion" shall mean the change of ownership from a non - timeshare ownership to a timeshare ownership as defined by Dwelling, timeshare, interval ownership or fractional fee ownership. "." Resolution 13 -01, Code Text Amendment for Vacation Clubs and Timeshares