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TC Res. No. 1987-02• r RESOLUTION NO. 87-2 SERIES OF 1987 A RESOLUTION APPROVING A SPECIAL REVIEW USE FOR THE TRANSFER OF ONE-RESIDENTIAL DEVELOPMENT RIGHT FROM LOT 46, BLOCK 2, BENCHMARK AT BEAVER CREEK TO LOT 45, BLOCK 2, BENCHMARK AT BEAVER CREEK WHEREAS, ACP, Inc., a Colorado Partnership has filed application with the Town-of Avon for approval of a Special Review Use for the transfer of one Residential Development Right ,p from'Lot,46,,B1ock 2, Benchmark at Beaver Creek to Lot 45, Block 2, Benchmark at Beaver Creek; and WHEREAS, the transfer of Development Rights is allowed - , as a Special Review Use; and WHEREAS, a public hearing was held by the Planning and Zoning Commission of the,Town of Avon, pursuant to notices required by law, at which the applicant and the public were given ample opportunity to.express,their opinions and present certain information and reports regarding the proposed Special Review Use; and WHEREAS, following such public hearing and consideration of such information as presented, the Planning and Zoning Commission found: 1. The-proposed use otherwise coiiplies with all - requirements imposed by the zoning code; 2. The proposed use is-consistent with the.ob'jectives- and purposes of the zoning code and the applicable ,zoning district;-and 3. The proposed use is designed to be compatible with surrounding land uses and uses in the area; and Ll L' WHEREAS, the Town Council of the Town of Avon, Colorado has reviewed the proceedings of the Planning and Zoning Commission and the information presented at the public hearing; and WHEREAS, the Town Council concurs with the findings and recommendation of the Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Avon, Colorado hereby approves the Special Review Use for the transfer of one Residential Development Right from Lot 46, Block 2, Benchmark at Beaver Creek to Lot 45, Block 2, Benchmark at Beaver Creek. This will result in the following Residential Development Right assignment: Lot 45, Block 2, Benchmark at Beaver Creek 31 Residential Development Rights Lot 46, Block 2, Benchmark at Beaver Creek 31 Residential Development Rights ADOPTED AND PASSED, THIS 27th DAY OF January , , 1987. TOWN-OF AVON, ller, Mayor Pro Tem ATTEST: tl~ :icia J. Dov -2- • MEMO TO: Bill James, Town Manager FROM: Norm Wood, Director of Engineering and Community Development DATE: January 21, 1987 RE: Resolution No. 87-2 Special Review Use Transfer of Development Rights ACP, Inc., owner of Falcon Pointe Lodge has requested a Special Review Use for the transfer of one Residential Development Right from Lot 46 to Lot 45, Block 2, Benchmark at Beaver Creek. Falcon Pointe Lodge is located on Lot 45 and Lot 46 is the adjacent lot located between Falcon Pointe and Benchmark Road. The Falcon Pointe recreation building is partially located on Lot 46 and a corresponding portion of Lot 46 was deeded to the Falcon Pointe project through a foreclosure action. The Development Right proposed for transfer would be one acquired through the foreclosure action. Town records indicate 30 Residential Development Rights are currently assigned to Lot 45 and 32 Residential Development Rights are currently assigned to Lot 46. This transfer would result in Lot 45 and Lot 46 each being assigned 31 Residential Development Rights. The remodeled Falcon Pointe project on Lot 46 requires 31 Residential Development Rights for conformance with the density provision of the Avon Zoning Code. The Planning and Zoning Commission has held a public hearing on this Special Review Use application. Following the public hearing, the Commission approved the Special Review Use and recommended Council approval. If the Council concurs with the Planning and Zoning Commission recommendation, appropriate action would be adoption of Resolution No. 87-2. RECOMMENDED ACTION: 1. Adopt Resolution No. 87-2. NW/mml