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PZC Packet 020100Town of Avon Planning & Zoning Commission Site Tour February 1, 2000 12:00 PM Council Chambers Town of Avon Municipal Building 400 Benchmark Road Agenda I. Site Tour. A. Site visit of projects considered for review at the February 1, 2000 Regular Meeting Meet in front of the Municipal Building. Lunch is available to those who RSVP by 10:30 AM, Monday. Adjourn (All items open to the public) Posted on January 28, 2000, at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Avon / Beaver Creek Transportation Center • City Market, main lobby Town of Avon Planning & Zoning Commission Work Session February 1, 2000 5:30 PM Council Chambers Town of Avon Municipal Building 400 Benchmark Road Agenda 11. Work Session Agenda. A. Discussion of regular meeting agenda items. Council Chambers- Dinner will be served Adjourn (All items open to the public) Posted on January 28, 2000, at the following public places within the Town of Avon; • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Avon / Beaver Creek Transportation Center • City Market, main lobby Town of Avon Planning & Zoning Commission Regular Meeting February 1, 2000 . 1i - M Council Chambers Town of Avon Municipal Building 400 Benchmark Road Agenda I. Call to Order II. Roll Call Ill. Additions and Amendments to the Agenda IV. Conflicts of Interest V. Consent Agenda A. Approval of the January 18, 2000 Planning & Zoning Commission Meeting Minutes [Tab A] B. Lot 22, Block 2, Benchmark at Beaver Creek [Tab B] Chapel Square — Master Sign Program VI. Final Design Review A. Lot 22, Block 2, Benchmark at Beaver Creek- Chapel Square — Project Sign [Tab C] Project Type: Chili's Sign Application Property Owner: Chapel Square LLC Applicant: Sydran Services Address: 220 Beaver Creek Place Posted on January 28, 2000, at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Avon / Beaver Creek Transportation Center • City Market, main lobby B. Lot 87, Block 1, Wildridge Subdivision [Tab D] Project Type: Tri -plex Property Owner: Romanin Applicant: Stephen Richards, Architect Address: 2520 Old Trail Road C. Lot 42, Block 3, Wildridge Subdivision - Garage Door Expansion [Tab E] Project Type: Modification of Final Design Property Owner: Debra K. Yates Address: 4500 Flatpoint - East Unit VII. Concept Review D. Lot 62, Block 4, Wildridge Subdivision [Tab F] Project Type: Duplex Residence Property Owner: Murto /Boris Applicant: Isom and Associates Address: 5143 Longsun Lane E. Lot 38, Block 2, BMBC - [Tab G] Project Type: Proposed Private Residence Club Property Owner: Robert Borg Applicant: Robert Borg Address: 220 -A West Beaver Creek Boulevard VIII. Other Business A. Staff approvals: • 2001 Beaver Creek Point, Lot 111 Adjourn Posted on January 28, 2000, at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Avon / Beaver Creek Transportation Center • City Market, main lobby Final Design Staff Report February 1, 2000 Planning & Zoning Commission meeting Report date January 28, 2000 Project type Master Sign Program Amendment, west sign. Legal description Chapel Square Zoning PUD Address 220 Beaver Creek Place Introduction This is a summary of review criteria, staff comments and recommendations regarding the application for a modification to the master sign program of the Chapel Square development. Design for tenant signs and directional signs for this project were approved in conjunction with a previous application. The application under consideration consists solely of a proposed freestanding sign located west of Wal Mart adjacent to Beaver Creek Place. The proposed sign will replace the existing Wal Mart/Avon Marketplace sign and is similar in dimension to the existing sign. Design Review Considerations According to the Town of Avon's Sign Code, Section 15.28.070 Design Review Criteria, the Planning & Zoning Commission shall consider the following items in reviewing proposed designs: 1. The suitability of the improvement, including materials with which the sign is to be constructed and the site upon it is to be located. The proposed sign materials consist of aluminum for the sign face with text and logos cut from the solid material. Overall height of the proposed sign is ten feet. Proposed sign area is 64square feet. 2. The nature of adjacent and neighboring improvements. The immediate area consists of retail, personal services, accommodation units, and office space. 3. The quality of the materials to be utilized in any proposed improvement. Addressed in Consideration #1. 4. The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property. Impact on neighbors will be minimal. 5. The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be impaired. The proposed sign fits well with other signage in the area. 6. Whether the type, height, size, and/or quality of signs generally complies with the sign code, and are appropriate for the project. The proposed square footage and height of the proposed sign fall within the guidelines set forth in the sign code. 7. Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is appropriate for the determined orientation The primary orientation of the proposed sign is to vehicular traffic. The proposed orientation of the signs is appropriate. Staff Recommendation Staff recommends approval of the application as submitted. Resp/nHodges ubmitted, tep Community Services Officer Planning & Zoning Commission Action ❑ Approved as submitted ❑ Denied Approved Motion ❑ Approved with conditions (noted below) ❑ Tabled Signed: Date Chris Evans, Chair Attest: Date Greg Macik, Secretary ❑ Withdrawn by applicant r'4 i TOWN OF AVON SIGN APPLICATION IndiYidW bign � 25,00 Master Sign Programs $200.00 Owner of \ C /' Property:_ V� -e— J _ a (� � L L L [ -rer f r-► )yn v s Mailing Address:_ (� /4 �/'e__ Phone Number: �ip3 - 1-f4('9-09 5- Applicant -, Maillug Address: Phone Number: Ugal Description: Lot Slack — Subdivision _Tr a G l -A— doe J Sip: Nata dift I�Mgi L___ Odding Maunted� Master Sign Program(MSP) Amendment to MOP Linear Frontage of Building:. Total Sign Area Proposed (in square feet) : Number of Signs Proposed; f Square Footage of Each Sign: Sign X Sign 2 Sign 3 Sign 4 Sign 5 Sign b Sign 7 Sign 8� Sign 9 Sigh 10 Sign 11 -- -Sign 12 __ . Sign 13 Sign 14 Sign 15 Sign 15_ (Ifmore than 16 individual signs, please attach square footage of each sign, in this format on separate sheet of paper, starting with #17.) Material of Each Sign: z___� ktsr Ck _� Type of Lighting: S e-c A `f -f,�r^C �� m eK-+ . rxrrrxrrrr 'em 1IVT T%Tr TIT?^T 1 nR 1 T Tttnrmnr.rt TNT 17.7T 1 arr nn r ,. Town of Avon Sign Application Page 2 Colors of All Signs: _ �T� -t�C1 w e vi REQUIRED MATEMLS TO BE SUBMITTED: Site Plan indicating: Location of all freestanding signs, monument signs and kdosks; + Location of all signs on Wding in relation to site and surrounding properties; and Landscape plan associated with all freestanding signs. To Scale Building Elevations Indicating: • Sign locations; • Individual tenant spaces; and * Sign size_ Additional Attachments Included? No—Yes )<f Please Descnbe Attachments: Signature of Owner Signature of Applicant_ 1' 21 1 n Complete Application and All Material Must Be Submitted Two (2) Weeks Prior to the First or Third Tuesday of Every Month. If the Application is Not Complete, It will not be Scheduled Until All Information is Received! (' ' GhIC;C ;cn/Q 'r AT VNJ TATUTAIDT'TnITR TTTIMTATTIMf W1 Q7'71 TATa nn_T7_MYr MONUMENT SIGN Aluminum to be painted Metal -Flex Bronze 313 -E. MD F� � LL, WT Doo 0 Letters to be - routed out from the face and backed up with white plexiglas. u 8F 7 MDIET OW IMIJA ' VALL CCU Q DUREC 0" FOR THE ���° �. 1MAMIEIE lam° A (° Momma ��G�f E °��-�a�� 0 1111 Vvul L u�11AW NE &6 DM P0423 3 Nam u'�4IJW SLOP4'�Cd u AND \VAVOL[L BE NJWA C ED OM A RD= S WALL Cgs MLL.Bg (�°� ➢�l�© UL S MN IR e SID WILL C-° ° GPI A ML 8MC K0. c a BONE? WJL °� ° � K AU MM GRID WU H WE M, CCoXa L W�M G �1n Illy., Raw_ a QX a OUT cwv 1 it go MCKED MC" Wm Wmm . . R d 40 W'3:� WALL HK= PH}�J COI((��n�/l�NyL�i�j�nv(�� R AM Leon C.C!gT 0002 -bZ -T0 UOAV dJOD souped u —i-N- OPUJOIOD jNdbi-M-id is–n—C-13XIVN (13SOdOM a s w tz A i wnbS I]dVH:) A\"I o a 1 -11.111 I-LULL111.1.1 [1] 1111111 LIJ U11_1 I11. 1 E-4 I Fl P_j O Town of Avon Final Desmign Staff Report February 1, 2000 Planning & Zoning Commission Meeting Report date January 28, 2000 Project type Tri-plex Legal description Lot 87, Block 1, Wildridge Subdivision Zoning Planned Unit Development (PUD) — 3 units Address 2431 Old Trail Road Introduction The applicant is proposing a tri-plex project located at 2431 Old Trail Road. One of the units has an attached secondary unit. The total square footage for the project is approximately 9,904 square feet. The project maximizes the property with a building site coverage of 24% and 35'0" in height. Access to the project is provided by a private access easement, which has finished grades in excess of 10 %. Design Review Considerations According to the Commission's Procedures, Rules & Regulations, Section 4.10, the Commission shall consider the following items in reviewing the design of this project: 1. The conformance with setbacks, massing, access, land use and other provisions of the Zoning Code. • Allowed use: Conforms with the allowed residential use. • Density: Three units with a secondary unit complies with the designation. • Lot Coverage: The proposed lot coverage complies with the 50% maximum. 23% of the site is in excess of 40% slope. • Setbacks: No proposed encroachments. • Easements: There are proposed encroachments into the easements. There is proposed grading in the 10' Slope Maintenance, Drainage and Snow Storage Easement, which is permitted. • Building Height: The tallest determined height is 35' and complies with the 35' maximum limit. • Grading: All proposed grades conform with the maximum of 2:1 slope requirement. Grading is proposed for much of the site. The driveway and garage spot elevations need to be provided. As a result of the steep access drive, the right of way is proposed in excess of the 4% grade at the intersection of Old Trail Road. Town of Avon Community Development f: \p &z \staff repo rts\2000 \I87b1 wr.doc (970) 748 -4030 Fax (970) 949 -5749 Lot 87, Block 1, Wildridge Subdivision, Final Design Review, page 2 February 1, 2000 - Planning & Zoning Commission meeting • Parking: The two (2) car garages and one (3) car garage with (5) surface parking spaces comply with the parking requirements. • Snow Storage: Submitted plans show snow storage on the north side of the property. Pursuant to Section 17.50.100, Snow Storage is required to be adjacent to the impermeable area from which the snow is removed. The snow storage as indicated does not comply with this requirement. • Landscaping: Submitted landscape plan appears suitable. 2. The conformance with other applicable rules and regulations of the Town of Avon. The turn - around area is inadequate for emergency vehicles —more surface area is required for turning. 3. The type and quality of materials of which the structure is to be constructed. Staff has recommended the applicant revise the drawings to include more variety of materials to break up the scale and overall massing of the project. 4. The design of site grading and drainage to minimize impacts to adjacent sites, rights -of -way and easements. 5. The compatibility of proposed improvements with site topography, to minimize site disturbance, orient with slope, step building with slope, and minimize benching or other significant alteration of existing topography. 6. The appearance of proposed improvements as viewed from adjacent and neighboring properties and public ways, with respect to architectural style, massing, height, orientation to street, quality of materials, and colors. The window fenestration could be more diverse to create more architectural interest as well as additional wood siding to break up the massing. 7. The objective that no improvement be so similar or dissimilar to others in the vicinity that monetary or aesthetic values will be impaired. 8. The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon. Staff Recommendation Based upon the problems created with the maneuvering on the site, staff suggests final design approval with the condition that the applicant work with staff to diminish the overall size of the project to fit within the site in order to comply with all of the Code requirements and to include more variety of materials and window fenestration. Recommended Motion "I move for final design approval approve for Lot 87, Block 1, Wildridge Subdivision as depicted on the application and plan set dated January 24, 2000 with the following conditions: 1. Reduce the overall massing of the project to allow for adequate maneuvering, access and compliance with the Town standards. 2. Revise elevations to include more variety in window fenestration and materials." Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 Lot 87, Block 1, Wildridge Subdivision, Final Design Review, page 3 February 1, 2000 - Planning & Zoning Commission meeting If you have any questions regarding this project or any planning matter, please call me at 748 -4030, or stop by the Community Development Department. Respectfully submitted, Ruth O. Borne Planning & Zoning Commission Action Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 Town of Avon Minor Project Staff Report February 1, 2000 Planning & Zoning Commission meeting Report date January 28, 2000 Project type Minor project- expansion of garage Legal description Lot 42, Block 3, Wildridge Subdivision Zoning PUD- Duplex Address 5200 Flat Point - Eastern Unit Introduction Debra Yates has submitted an application to convert a three -car garage into a four -door garage, with two double doors. Her duplex unit currently has a double and a single garage door. She wants to replace the single garage door with a double door. She is not proposing to expand the interior area of the garage. She wants the additional double door to accommodate recreational vehicles stored in the garage. The expanded door would be constructed of the same wooden panels as the existing doors. The adjoining unit has a double garage door. All of the garage doors are located on the east building elevation facing neighboring property. The modification would eliminate all of the landscaping on the north side of the unit's entrance. It would be replaced with a 2 -foot tall rock retaining wall. Design Review Considerations According to the Commission's Procedures, Rules & Regulations, Section 4.10, the Commission shall consider the following items in reviewing the design of this project: 1. The conformance with setbacks, massing, access, land use and other provisions of the Zoning Code. 2. The conformance with other applicable rules and regulations of the Town of Avon. 3. The type and quality of materials of which the structure is to be constructed. 4. The design of site grading and drainage to minimize impacts to adjacent sites, rights -of -way and easements. 5. The compatibility of proposed improvements with site topography, to minimize site disturbance, orient with slope, step building with slope, and minimize benching or other significant alteration of existing topography. 6. The appearance of proposed improvements as viewed from adjacent and neighboring properties and public ways, with respect to architectural style, massing, height, orientation to street, quality of materials, and colors. Town of Avon Community Development f: \p &z \staff reports\2000 \45b3wrgarageadd.doc (970) 748 -4030 Fax (970) 949 -5749 Lot 42, Block 3, Wildridge Subdivision; Minor Project February 1, 00, Planning & Zoning meeting 7. The objective that no improvement be so similar or dissimilar to others in the vicinity that monetary or aesthetic values will be impaired. 8. The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon. Staff Comments 1. In staff's opinion the proposal is in conflict with Design Review Criteria 6 and 7. The placement of three double garage doors on one elevation is out of character with a duplex development and is not compatible with surrounding properties. The garage expansion requires a removal of all of the landscaping on the north side of the unit's entrance. This will result in a large expanse of pavement in front of the unit. 2. There is a minimal amount of maneuvering room in front of the expanded garage. Staff Recommendation Staff recommends denial of the application because it is in conflict with Design Review Criteria 6; the appearance of the proposed improvements as viewed from adjacent and neighboring properties and public ways. The three double garage doors would be out of character with the duplex development and the neighboring property. In staff's opinion, the project is also in conflict with Criterion 7, because the appearance of the east elevation with three garage doors is dissimilar from other properties in the neighborhood and aesthetic values would be impaired. Recommended Motion "I move to deny the modification of final design for an expanded garage door for Lot 42, Block 3, Wildridge Subdivision as depicted on the application and plan set dated January 18, 00 based on the findings that it is in conflict with Design Review Criterion 6 because the three double garage doors on the east elevation of the duplex are out of character for a duplex development and the surrounding duplex property, and with Design Review Criterion 7, that the three double garage doors on the duplex would be dissimilar to other properties such that aesthetic values would be impaired." If you have any questions regarding this project or any planning matter, please call me at 748 -4030 or stop by the Community Development Department. Respectfully submitted, Karen Griffith, AICP Town Planner Town of Avon Community Development f: \p &z \staff reports\2000 \45b3wrgarageadd.doc 970) 748 -4030 Fax (970) 949 -5749 .- li 0 r s L r C �r 0 � n ' a r_ 0 0 O -IF m $ S qc- CI _V S Q Sr* Zg 1a y' _t n c p �r } 0 r. } U 1 a � F' ilk p Y 1 C r t b` u 0 1 a_ oo: uj 10 pol- \ \ al \ _ I w I0 x e _Rr s I P Y d. ro 0 —ter p p, s� � 1 0 7 r� C I IQ \ \ \VVV111 I AF4i � e J\ � I c -r ME t i' "IyL" Iii y •� O ,_ Town of Avon Concept Design Staff Report February 1, 2000 Planning & Zoning Commission meeting Report date January 28, 2000 Project type Residential Duplex Legal description Lot 46, Block 4, Wildridge Subdivision Zoning Planned Unit Development (PUD) — 2 units Address 5143 Longsun Lane Introduction The applicant is proposing a duplex residence located at 5143 Longsun Lane. The project will consist of two units of approximately 3,415 square feet each for a total square footage of 6,830 square feet. Issues with the site plan including grading, roof overhangs, and drainage have caused the applicant delay in moving forward to final design. Architecturally, the project is consistent with the surrounding properties and is proposed with materials and colors designed to enhance the neighborhood. Design Review Considerations The Commission's Procedures, Rules & Regulations, Section 6.10, provide the framework for evaluation of this project. Additional guidelines and regulations are contained within (but not limited to) the Comprehensive Plan, the Design Guidelines, the Zoning Ordinance and the Subdivision Regulations. 1. The conformance with setbacks, massing, access, land use and other provisions of the Zoning Code. 2. The conformance with other applicable rules and regulations of the Town of Avon. 3. The type and quality of materials of which the structure is to be constructed. 4. The design of site grading and drainage to minimize impacts to adjacent sites, rights -of- way and easements. 5. The compatibility of proposed improvements with site topography, to minimize site disturbance, orient with slope, step building with slope, and minimize benching or other significant alteration of existing topography. 6. The appearance of proposed improvements as viewed from adjacent and neighboring properties and public ways, with respect to architectural style, massing, height, orientation to street, quality of materials, and colors. 7. The objective that no improvement be so similar or dissimilar to others in the vicinity that monetary or aesthetic values will be impaired. 8. The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon. Town of Avon Community Development f: \p &z \staff repo rts\2000 \62b4longsu n.doc.62b4longsun (970) 748 -4030 Fax (970) 949 -5749 Lot 62, Block 4, Wildridge Subdivision; Concept Design Review February 1, 2000 Staff Comments Based upon our initial review of the project's basic concepts, staff has the following comments. They are not intended to constitute a complete project report. Staff will conduct a complete review and provide a full analysis with the Final Design application. • Site grading, access, and maneuverability: Staff has the following initial concerns: i. There is a small rock wall proposed between the two driveways, which appear to create more safety hazards than benefits to the owner or its occupants. Access and maneuverability for each unit is impaired by the low rock wall. Staff suggests reducing the length of the retaining wall to accommodate turning and safe maneuvering for the site. ii. The site plan specifically as it relates to the proposed grading plan and roof overhangs must clarified. The applicant will move the structure so that the encroachment of the roof overhang is eliminated. • General architectural design: Staff supports the project's overall architecture colors and materials. The connection of the two units by the storage closets does not conflict with the overall conformance of the proposed improvements to the site, site coverage, and blending with the natural topography. The duplex has 16% site coverage proposed and works well within the confines of the existing site conditions and surrounding properties. If you have any questions regarding this project or any other planning matter, please call me at 748 -4030, or stop by the Community Development Department. Respectfully submitted, Ruth O. Borne Town of Avon Community Development f: \p &z\staff repo rts\2000 \62b4longsun.doc 970) 748 -4030 Fax (970) 949 -5749 Town of Avon Determination of Use Staff Report February 1, 2000 Planning & Zoning Commission meeting Report date January 28, 2000 Project type Proposed Private Residence Club Legal description Lot 38, Block 2, Benchmark at Beaver Creek Subdivision Zoning RD- Residential Duplex Address 220 -A West Beaver Creek Boulevard Introduction Robert Borg would like to establish a private residence club at 220 -A West Beaver Creek Boulevard. The property is zoned RD- Residential Duplex. Staff has reviewed his request and its conformance to the Zoning Code and determined that a private residence club is not an allowed or special review use in the RD zone. Mr. Borg has requested an appeal of staff's decision. According to Section 17.16.020 of the Zoning Code, Mr. Borg can apply to the Planning and Zoning Commission for a determination of whether a specific use is allowed within any of the expressed use categories set forth in Section 17.16.010 of the Code. Discussion The private residence club that Mr. Borg is proposing would allow him to sell memberships to up to 24 Members in his duplex unit located at 220 -A West Beaver Creek Boulevard. "Members would purchase a fee simple, undivided, deeded interest in the club with year round access. Their interest in the unit could be sold, willed, or placed in trust like any other piece of real estate." The members' use of the unit would be through a reservation system. According to Section 17. 20.060 of the Zoning Code which is attached to this report, single - family homes, duplex homes and accessory caretaker's apartments are the only allowed uses in the RD zone. The Special Review Uses specified under this zone district include home occupations, residential bed and breakfasts, above ground public utility installations, and churches. The proposed residence club does not fall under the allowed or special review uses listed in the Zoning Code. The intent of the zone district is stated as low- density residential use. Staff does not believe the private resort club constitutes a low- density residential use. Therefore, the use is not permitted in the RD Zone District. Town of Avon Community Development f: \p &z \staff reports\2000 \020100 \38b2bmbcresclub.doc (970) 748 -4030 Fax (970) 949 -5749 Lot 38, Block 2, Benchmark at Beaver Creek Subdivision, Review, page 2 February 1, 2000 Planning & Zoning Commission meeting Mr. Borg can apply to establish the private residence club through the PUD process. His application would have to demonstrate that the use could meet the re- zoning and PUD review criteria. According to Policy A1.3 of the Comprehensive Plan "flexible zoning (PUDs) will only be allowed where it provides a benefit to the community and is compatible with the surrounding development. Variations from standard zoning must be clearly demonstrated, and will be permitted only to achieve effective development ". In staff's opinion the resort club is a high intensity use that is not in keeping with the intent of the RD Zone District. We also do not believe such a proposal would be a benefit to the community. Therefore, Staff would not support an application establishing a resort club through the PUD process. Mr. Borg also raises the issue of a variance for the property. Staff does not believe the proposed use could meet the standards for a variance enumerated in the Zoning Code. In order to grant a variance, the Planning and Zoning Commission is required to make findings that the approval of the variance would not constitute a grant of special privilege that is not available to other properties in the zone district, that the strict and literal interpretation and enforcement of the regulation would result in practical difficulty or unnecessary physical hardship, and that there are exceptional or extraordinary circumstances or conditions applicable to the site that do not apply to other properties in the district. He also suggests revising the Zoning Code to allow Private Residence Clubs in the RD zone. Staff would not support amending the Zoning Code to allow private resort clubs in the RD zone district. Staff does not believe the use meets the intent of the zone district and therefore it should not be allowed. Staff Recommendation Adopt Planning and Zoning Commission Resolution 00 -2 finding that a Private Residence Club is neither an allowed or special review use in the RD- Residential Duplex Zone and is inconsistent with the intent of the RD zone district for low density residential uses. Recommended Motion "I move to adopt PZR 00 -2 finding that a Private Residence Club is neither an allowed or special review use in the RD- Residential Duplex Zone District and is inconsistent with the intent of the RD zone district for low density residential uses." If you have any questions regarding this project or any planning matter, please call me at 748 -4030, or stop by the Community Development Department. Respectfully submitted Karen Griffith, AICP Town Planner Town of Avon Community Development f: \p &z \staff reports\2000 \020100 \38b2bmbcresclub.doc (970) 748 -4030 Fax (970) 949 -5749 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 00 -2 SERIES OF 2000 A RESOLUTION OF USE DETERMINING THAT A PRIVATE RESIDENCE CLUB IS NOT AN ALLOWED OR SPECIAL REVIEW USE IN THE RD- RESIDENTIAL DUPLEX ZONE DISTRICT, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Robert Borg has requested a determination of use for a private resort club in the RD- Residential Duplex Zone District, WHEREAS, the item was scheduled on the Planning and Zoning Commission meeting agenda for February 1, 2000, and such agenda was posted at four public places as required by law, and the request was considered by the Planning and Zoning Commission during their regular meeting at which time the applicant was given the opportunity to express his opinions and present information on the request and, WHEREAS, pursuant to Section 17.16.020 of the Avon Municipal Code, the Planning and Zoning Commission has considered Robert Borg's request and made an analysis of the intent for the district and the compatibility of the proposed use with the allowed and special review uses; Planning & Zoning Commission Resolution 00 -01, Series of 2000 January 18, 2000 Paqe 2 of 2 NOW, THEREFORE, BE IT RESOLVED, the Planning and Zoning Commission hereby determines that a private resort club, as defined in Robert Borg's letter to Karen Griffith, dated January 14, 2000, is not an allowed or special review use in the RD- Residential Duplex and does not meet the intent of the Zone District as a low density residential development and is therefore not permitted in the Zone District. ADOPTED THIS P DAY OF FEBRUARY, 2000 Signed: Date: Chris Evans, Chair Attest: Date: Greg Macik, Secretary 17.36.050 -- 17.36.080 C. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety; D. Such other factors and criteria as the commission deems applicable to the proposed variance. (Ord. 91 -10 51(part)) . 17.36.050 Findings required.. The planning and zoning commission shall make the following written findings before granting a variance: A. That the granting of the variance will not consti- tute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; B. That the granting of the variance will not be det- rimental to the public health, safety, or welfare, or mate- rially injurious to properties or improvements in the vi- cinity; C. That the variance is warranted for one or more of the following reasons: 1. The strict, literal interpretation and enforce- ment of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title, 2. There: are exceptional or extraordinary circum- stances or conditions applicable to the site of the vari- ance that do not apply generally to other properties in the same zone, 3. The strict or literal interpretation and en- forcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. (Ord. 91 -10 §1(part)). 17.36.060 Conditional cgrantincq. The granting of a variance may be conditioned on action by the applicant. (Ord. 91 -10 §1(part)). 17.36.070 Fees- -Term. Variance fees shall be paid at the time of the application for the variance and prior to its receipt by the applicant. The variance shall lapse if construction is not commenced within one year of the date of issuance and diligently pursued to completion. (Ord. 91 -10 §1(part)) . 17.36.080 Council action. Within seven days follow- ing action by the planning and zoning commission, written findings and decision shall be transmitted to the applicant and to the town council. Such decision shall be final, 214 -24 (Avon 8/91) G. NC: H. SC: I. TC: J. IC: K. GPEH: L. OLD: M. PUD: (Ord. 91 -10 §1 17.16.020 - 17.16.040 Neighborhood Commercial Shopping Center Town Center Industrial and Commercial Government, Park, and Employee Housing Open Space, Landscaping, and Drainage Planned Unit Development. (part)). 17.16.020 Zone-districts--Determination of uses. If a question arises as to whether a specific use does or does not come within any of the expressed use categories set forth in Section 17.16.010, any person may apply to the planning and zoning commission, as established by ordinance of the town, for a determination as to whether a specified use is an allowed or special review use, which determina- tion shall be made on an analysis of the intention for the district and the compatibility of the proposed use with allowed and special review uses. (Ord. 91 -10 §1(part)). �� -•� = =y �►1������ .�►au-- iucorpvracea-- VLllclal man. A. The location and boundaries of the zoning dis- tricts established in Section 17.16.010 are`set forth on the zoning district map of the town which accomplishes this zoning code. and, which map, with all notations.,:references, and other, information shown thereon, is incorporated in and is as much a part of this zoning code as if fully described and set forth in this title. B. If:, in accordance with the provisions of this zoning code, changes are made in district boundaries or other matters portrayed on the official zoning district map, such changes shall be entered on the map. C. Regardless of the existence of purported copies of the official zoning district map which from time to time may be made or published, the official map, which shall be located in the office of the town clerk, shall'. be the final authority as to the current zoning status of land, build- ings, and other structures in the town. (Ord. 91 -10 91(part)) . LUC& - -iuLer recacion -- Authority and standards. When, due to the scale, lack of detail or illegibility of the zoning district map, there is any uncertainty, contradiction or conflict as to the in- tended location of any zoning district boundary as shown thereon, the zoning administrator shall make an interpreta- tion of said map upon request of any person, and any person aggrieved by any such interpretation may appeal the same to 202 (Avon 8/91) January 14, 2000 Karen Griffith, AICP Town Planner, Town of Avon P.O. Box 975 Avon, CO 81620 RE: 220 -A West Beaver Creek Boulevard Proposed Private Residence Club Dear Karen, RECEIVED "Y// F-- A� -0 Further to our meetings and telecons with regard to the above referenced property, this letter will serve to outline our request in writing as you have suggested. The subject property is located at 220 -A W. Beaver Creek Boulevard and is in the RD (residential duplex) zoning district. In November 1997 we were granted approval for a bed and breakfast operation for 220 -B W. Beaver Creek Boulevard, which is also our place of residence. The adjacent unit A is rented, mostly short-term year round to small family groups up to 12 -14 persons. We manage the rental of Unit A from Unit B. Each unit includes 6 bedrooms, 6 -1/2 bathrooms, each approximately 3,800 square feet in area. Each unit is comprised of a primary dwelling and an accessory dwelling/apartment as permitted within the RD zoning district. Two covered (garage) plus two surface parking spaces are provided for each unit. As background and context for our request, Lot 38 is one of 6 duplex (RD) lots, which fronts onto W. Beaver Creek Boulevard. Immediately to the east of these duplex lots, is the boundry with the Avon Town Center District where the zoning is PUD involving High Density Residential and Commercial uses. Immediately to the south, the zoning is RHD (Beaver Creek West Condo Hotel) and PUD, (Falcon Point and Lakeside Terrace Time -Share Communities). To the west, the zoning is RHD -RLD. To the north, the zoning is RHD, (Greenbirar Condominiums and Townhomes) and the Comfort Inn Motel. In total only 11 RD lots exist in the Town of Avon core area. These are comprised of a group of six lots as mentioned above, with another group of five lots approximately 700 yards further west on W. Beaver Creek Boulevard. See attached zoning map. Proposed Use for Unit "A" — Private Residence Club Preliminary inquiries with the Avon Town Planning Department have, in brief, indicated that ownership of a residential unit, which involves more than four owners, would make this a timeshare unit by definition and timeshare is not permitted in the RD zoning district. It is our position that what we are proposing, i.e, a Private Residence Club is not in fact a timeshare unit, such as those to be found at Christie Lodge or Falcon Point. Each of the units in these complexes has 52 owners for fixed one -week intervals. In addition, ownership is typically limited to a fixed term, e.g., 20 years, which means that their value (and the owner's commitment) diminishes with time. Exchange privileges associated with timeshare are also the primary motivating factor for 95% of these timeshare buyers according to timeshare sales personnel. The concept and use of a private residence club is quite different. More accurately it fits the accepted definition of a FRACTIONAL FEE CLUB as described for example by the Town of Vail (see attached). Memberships are more limited (maximum 12 per unit as opposed to 52 per unit in timeshare) and their value increases with time because ownership is in perpetuity. For this reason a club member is instinctively motivated to protect his investment. In the proposed Private Residence Club, year round use is established by a reservation system managed on -site with full -time front desk for reservations and registration and is not tied to a fixed or floating time schedule as is typical with timeshare. Other significant points of difference can be described below. It is also very significant that while timeshare is now strictly prohibited in the Town of Vail, Fractional Fee Clubs such as the Austria Haus have been favorably approved. Other nearby ski resorts which have recognized the benefits and growing acceptance of Fractional Fee Clubs over timeshare are Snowmass, Park City, and Telluride among others. It is also our belief based on our knowledge and experience that the proposed Private Residence Club is compatible with the more intensive existing and planned surrounding uses. It is moreover in conformance with the goals and objectives of the Town of Avon's Comprehensive Plan, particularly in fostering a "stronger year -round tourism base" than conventional single - ownership vacation homes, and in offering "a diversity of housing types for residents and visitors ". The marketing value of the increased exposure to the marketplace as afforded by multiple ownership as opposed to single ownership should also not be under- estimated given the increasing competition between resorts and their limited marketing budgets. With a single ownership vacation home, there is often a reluctance on the part of the owner to rent it out, because the home is very personal and the owners are not comfortable with strangers living and sleeping in their home. There is now also strong evidence to suggest that the preference among small families is for a living unit, not a hotel room. Our convenient location with respect to public transportation, (shuttle bus stop across the street), proximity to the Town Center with all the retail shops, restaurants and drinking establishments, together with Nottingham Park and the Town sponsored recreational and cultural activities are precisely the amenities visitors are seeking. These amenities are all steps away from the front door_ In practical terms, the personal service- oriented Private Residence Club providing for example pre - arrival groceries, restaurant, equipment and activities reservations, and business services, also contrasts dramatically with Timeshare where little or no service is the norm. A Private Residence Club is in the business of member satisfaction. Time - sharing has the perspective of buying a fractional interest in a piece of lodging whereby you are handed a key upon arrival, which you drop off upon departure. In contrast, the Private residence club has the perspective of buying a Club Membership with all the services, amenities and unlimited access of an exclusive club. When demand for lodging exceeds supply a priority reservation system ensures that the use of the Club by its members is equitable. In the Proposed Club Memberships will be limited to a maximum of 24 Members and the residence will be rented when not in use by Club Members. Members will purchase a fee simple, un- divided, deeded interest in a private residence with year - round access, that can be sold, willed, or placed in trust like any other piece of real estate. They will enjoy the benefits of owning a real estate interest without all the attendant costs, management and maintenance burdens usually related to second home ownership and the cost of ownership is more inline with the usage, usually limited to four weeks for most people. Purchasers can own a Club Membership Interest for a small percentage of the cost of a comparable whole ownership accommodation but enjoy virtually all of the benefits of whole ownership. In addition, members will receive services and amenities, which are not possible in conventional whole ownership or timeshare, and will have the benefit of additional accommodation via the B &B on a space available basis. The following observations are based on a review of the existing Land Use Map and Zoning Regulations. High - density residential and commercial zone districts surround the six duplex lots of which the subject property is part. It is an island of low - density in a sea of high density. There is a resulting high level of activity and traffic generated by the surrounding high- density hotels, condo - hotels and timeshare communities, which is incompatible with the normal settings usually preferred of one and two- family .. 0-- r'3: =.. T,"!T � 1 FRACTIONAL FEE CLU$: A fractional fee project in which each condonunium unit, pursuant to recorded project documentation as approved by the Town of Vail, has no fewer than six (o) and no more than twelve (12) o,,Nnzrs per unit and whose use is established by a reservation system. Each of the fractional fee club units are made available for short -term rental in a managed program when not in use by the club members. The project is managed on -site with a. front desk operating M enty four (24) hours a day, seven (T) days a week providing reservation and registration capabilities. The project shall include or he proximate to transportation, retail shops, eating and drinking establishments, and recreation facilities. FRACTIONAL FEE CLUB UNIT, A condominium unit in a fractional tee club described as such in the project documentation and not an accommodation unit within the fractional fee club_ 17.08.790 -- 17.08.820 17.08.790 Time - sharing unit. "Time sharing unit" means any parcel or lot of land or condominium unit, wheth- er fee interest, leasehold or contractual right, whereby more than four persons (ownership of an interest in joint . tenancy by two persons being considered one person for the purpose of this section) are entitled to the use, occupancy or possession of such lot, parcel or unit according to a fixed or floating time schedule occurring periodically over any period of time (the use, occupancy or possession by each person being exclusive of that by the others) . "Time- sharing unit" includes, but is not limited to, a time -share estate as defined in Section 38 -33 -110, Colorado Revised Statutes (1973), as amended. (Ord..91 -10 91(part)). 17.08.800 Townhouse. "Townhouse" means a single - family dwelling in a structure containing three or more units sharing one or more vertical common or party walls. (Ord. 91 -10 §1(part)). 17.08.810 Trailer, automobile_ "Automobile trailer" means a vehicle without motive power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons or property. (Ord. 91 -10 §1(part)). 17.08..820 Use_ "Use* means the purpose for which land or a building is designated, arranged, or intended, 'or for'which it either is or may be occupied or maintained. (Ord. 91 -10 §1(part)). Chanter 17.12 ADMINISTRATION PROVISIONS Sections: 17.12.010 Development -- Designated by zoning code and map. 17.12.020 Development -- Approval of plan required- - Procedure. 17.12.030 Permit requirement. 17.12.040 Revocation and invalidation of permits. 17.12.050 Interpretation -- Conflict with other laws. 17.12.060 Liability of town. 17.12.070 Violations -- Penalties and remedies. 17.12.080 Enforcement -- Planning director - -Right of entry. 17.12.090 Hearings -- Conduct. 17.12.100 Hearings -- Setting date. 17.12.110 Appeal to town council. 194 (Avon 8/91) K \99173\99:73i0P.0w9 "Fri ,v 07 '.45:1.4 2000 N 2 p D �1 v rn o� N> M m g mD Dp .M mn r \ o� D y \ ND .ZIN V0 \ a) > J+ IP m y -0 D Am \ iv 6L � 1 1 111 I I oo� 111 1 I 11 `` �n I V � 1♦' �. 1 1 I 1 1 1 1 t CP, 1 --, i ` 1', I 4 Pik ;��1��• . e,� C) Xl a1 I 1, g 1 N l/l r 1 II , I ` ••1 I m I , c�c�r -IZ-• `\ �i 1 'I NE=rn�N ��g{ , vN•. m. -4 11 _ m v -4. itti , O rn CL 1 I I 1 1 �? 1 I i 9 of I i I N {F n M 1 tea i i �zr 1 ^Z I+ , 1 1 '^ 1 S> AEi i� • »�`` `�F �\ T � , RA o,1J4D get g 0 0 0 0 1-1 ski $� SStiB -a� 07 ` Nm Ny r, y v Z Z" m C - - "Z D 1 av ti0 1 1 M�� N A Tl r `a'+e, Di W 1 Pc �'TI Imo] 1`• 1 11 to \ • `_- 1 yip � ! 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