PZC Res. No. 2005-09 (2)TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 05-09
SERIES OF 2005
A RESOLUTION RECOMMENDING APPROVAL OF
ORDINANCE NO. 05-08 TO TOWN COUNCIL, AN ORDINANCE
AMENDING CHAPTER 17.08, MUNICIPAL CODE OF THE
TOWN OF AVON, RELATING TO THE DEFINITION OF
"LODGE" AND "DWELLING" AND AMENDING THE
WILDRIDGE PLANNED UNIT DEVELOPMENT
WHEREAS, Ordinance No. 79-12, finally adopted June 5, 1979, defined "Dwelling" as "not
including hotels, lodge units ... or similar units"; and
WHEREAS, Section 17.08.230, Avon Municipal Code, now defines "Dwelling" as "not
including hotel, motel and lodge units"; and
WHEREAS, Ordinance No. 79-12, finally adopted June 5, 1979, defined, and Section
17.08.380, Avon Municipal Code, now defines "Hotel, Motel, and Lodge" as "a building containing
three (3) or more accommodation units, intended for temporary occupancy of guests; and
WHEREAS, "motels" are not permitted as a use within any zone district within the Town;
and
WHEREAS, the final subdivision plat of the Wildridge planned unit development ("PUD"),
recordedOctober 8, 1981, in Book 330 at Page 78, Eagle County records, defines "Dwelling Unit'
as not to include "Hotels, Lodge Units, ... or similar units"; and
WHEREAS, the Wildridge subdivision is predominantly residential and was not intended to
include "lodges," as that term is commonly defined and understood; and
WHEREAS, the Town Council finds and determines that "lodges" or `lodge units" ought to
be defined as "a dwelling occupied by paying guests on a temporary (thirty-one (3 1) days or less)
basis" so as to clarify the original intent of the Wildridge PUD; and
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WHEREAS, the Town Council finds and determines that "lodge" or "lodge unit," as so
defined, is similar to the uses otherwise prohibited by the Wildridge PUD and therefore not
permitted as a use within the Wildridge subdivision since its approval; and
WHEREAS, a "lodge" or "lodge unit," as so defined, located in a residential neighborhood,
is a nuisance in that such a use tends to cause excessive noise, parking problems and the
accumulation of trash; and
WHEREAS, amendment of the Avon Municipal Code to incorporate that definition of
"lodge" promotes consistency and is in the best interest of the residents of the Town of Avon as a
whole;
WHEREAS, the Planning and Zoning Commission has reviewed the attached revisions
("Exhibit A") to the Wildridge PUD and the Town of Avon Zoning Code, and
WHEREAS, the Planning and Zoning Commission has held a public hearing as required by
the Avon Municipal Code to review the proposed amendments;
WHEREAS, the Planning & Zoning Commission is appointed by Town Council to review,
make recommendations, and render decisions on all zoning applications; and
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends to the Town Council the approval of Ordinance 05-08 Series of 2005.
ADOPTED THIS 2tid DAY OF AUGUST, 2005
Signed.
's Evans, Chair
Attest: 1
Phil Struve, Secretary
Date: T -I 1 G /(Xs --
Date: 73"- q-6 S�
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