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L46 B2 BMBC RezoneTown of Avon Rezoning to PUD Staff Report July 15, 1997 Planning & Zoning Commission meeting Report date July 11, 1997 Project type Rezoning to PUD Legal description Lot 46, Block 2, Benchmark at Beaver Creek Zoning Residential High Density (RHD) Introduction In November of 1996, the Planning & Zoning Commission granted final design approval for a multi -family residential project on Lot 46, Block 2, Benchmark at Beaver Creek. The approved design included two proposed four-story buildings with 14 condominium units each, plus an existing duplex, for a total of 30 residential units. The owners of Lot 46 have applied to rezone the property from Residential High Density (RHD) to Planned Unit Development for the purpose of allowing conversion of the condominium units to timeshare units. The existing RHD zone district does not allow timeshare units. Specifically, the applicant wants to allow 24 of the 30 units to be sold as timeshare, leaving four conventional condominium units plus two duplex units. There are no changes proposed to the approved Final Design Plans. The only code change is that the parking requirements are different for timeshares. However, the project meets the parking requirements for both the proposed timeshares and residential units. Criteria for Rezoning (17.28.080) 1. Is the proposed rezoning justified by changed or changing conditions in the character of the area proposed to be rezoned. The site is on the edge of Avon's Town Center, the commercial core for the community. The neighborhood is developing with commercial and governmental facilities including a new post office and recreation center. Lot C is anticipated to be developed for urban type land uses. The character of the area is changing in that surrounding parcels are being developed commercially. Timeshare units would be compatible with the surrounding commercial land use and be supported by developing downtown businesses. 2. Is the proposed rezoning consistent with the Comprehensive Plan. • The proposed rezoning to PUD is not in conflict with the Comprehensive Plan designation of the property for residential use of the property. The Comprehensive Plan states that areas designated for residential land use are intended for permanent and seasonal residential land uses, including multi -family dwellings, apartments, and condominiums as well as single family and duplex uses. Timeshares fall somewhere in between a residential land use Town of Avon Community Development j:\p&z\1997\071597\46b2bmbc.doc (970) 949-4280Fax modem (970) 949-4280 Lot 46, Block 2, Benchmark at Beaver Creek Subdivision, PUD Review, page 2 July 15, 1997 (similar to seasonal housing) and commercial lodging. From a land use standpoint, staff does not believe the timeshare use of the property is in conflict with residential land use designation. Many of the residential units in this neighborhood are rented out as resort rental units. For example, 60 percent of the Beaver Creek West units are vacation rentals. The timeshare use is similar in having a more transient population. The character of the site will not change since the approved design is not changing. • Policy A1.3 of the Comprehensive Plan states that flexible zoning such as Planned Unit Developments should be encouraged where it results in more effective use of the land, but will only be allowed where it provides a benefit to the community and is compatible with the surrounding land use. There are pros and cons of timeshare units in terms of providing benefits. The benefits are that it provides a tourist base which will in turn utilize town businesses and generate sales as well as tax revenues. The sale of the units will also generate a significant amount of real estate sales transfer tax. The negative aspect is that the conversion to timeshares will eliminate 24 permanent residential units that would be available for purchase to local residents and employees. Additionally, the conversion to timeshare units will require more employees to service the timeshares, including maid service, management, and maintenance. • Goal B 1 of the Comprehensive Plan is to enhance the Town's role as a principal, year-round residential community and regional commercial center. Removing the housing units does not enhance the role as a year round residential community because residential units are being removed. • Goal C2 is to provide for affordable housing for permanent and seasonal residents that is attractive, safe and integrated with the community. This goal is implemented by policy C2.1, that new development, annexations, and major redevelopment shall include or otherwise provide for affordable housing. • In order to mitigate the negative aspects of the rezoning of removing permanent housing units, and comply with Goal C2 and policy C2.1, staff recommends that 10 percent of the units (3) be reserved as deed restrictive, affordable housing units. This could provide the benefit of the PUD Zoning called for by Policy A1.3. 3. Are adequate facilities available to serve development for the type and scope suggested by the proposed zone? The rezoning to allow the timeshare units will generally not change the demand for facilities. The only exception is that a different parking requirement is applied to timeshare units. The project meets the Zoning Code requirements for the proposed combination of time share and residential units. Staff Recommendation The PUD application meets the rezoning criteria provided that the negative impacts from removing permanent housing are addressed. The site plan is not changing from the approved final design and meets all zoning requirements. Therefore, staff recommends approval with one condition. Town of Avon Community Development j:\p&z\1997\071597\46b2bmbc.doc (970) 949-4280 Fax (970) 949-9139 Lot 46, Block 2, Benchmark at Beaver Creek Subdivision, PUD Review, page 3 July 15, 1997 Recommended Motion I move to approve the rezoning to PUD for 24 timeshare units and 6 residential units on Lot 46, Block 2, Benchmark at Beaver Creek Subdivision as depicted on plans dated received June 3, 1997 with the condition that three affordable, deed restricted housing units be provided. The units shall be reserved for employees of the project, or be deed restricted for sale as affordable condominium units with a 3 percent price appreciation cap, and affordable to a household with 100 percent of the Eagle County Median Family income. Additional provisions shall be as laid out in the Master Deed Restriction Agreement for the Occupancy and Resale of Chapel Square. If you have any questions regarding this project or any planning matter, please call me at 949- 4280 (extension 131), or stop by the Community Development Department. Respectfully submitte Karen Griffith, A gl�/ Town Planner Town of Avon Community Development j:\p&z\1997\071597\46b2bmbc.doc (970) 949-4280 Fax (970) 949-9139 Lot 46, Block 2, Benchmark at Beaver Creek Subdivision, PUD Review, page 4 July 15, 1997 Planning & Zoning Commission Action ❑ Approved as submitted Denied ❑ Approved with conditions (noted below) ❑ Tabled ❑ Withdrawn by applicant Conditions of approval, reasons for tabling or withdrawal of application, or basis for denial (refer to code or guidelines by number): Date Attest: :/� Date Sue Railton, Secretary / Town of Avon Community Development j:\p&z\1997\071597\46b2bmbc.doc (970) 949-4280 Fax (970) 949-9139