PZC Minutes 022481SPECIAL MEETING
RECORDS OF PROCEEDINGS
MINUTES OF DESIGN REVIEW BOARD MEETING
FEBRUARY 24, 1981 7:30 P.M.
The special meeting (continuation of the regular meeting held on
February 18, 1981) was held on February 24, 1981 at 7:40 P. M. in
the Town Council Chambers of the Town of Avon in the Benchmark
Shopping Center, Avon, Colorado. The meeting was called to order
by Vice -Chairman, Mike Blair.
All members were present. Ken Hardwick and Larry Kumpost came in
later. Bill Pierce stepped down.
Time Sharing, Ordinance No. 4, Series of 1980, With Specific
Reference to Allwerth, Inc., Lot 60, Block 2, Benchmark Subdivision.
Bill Pierce stepped down due to his involvement in the project. This
is a continuation of the February 18, 1981 meeting. This meeting
involves the Design Review Board, the Town Council and the Town
Attorney. The meeting is to discuss the time sharing aspect of the
Ordinance and the purposes of it and the various policies regarding
time sharing.
Mike read certain sections of the Ordinance for everyone's information.
John Blish reiterated the project as presented on February 18, 1981
(for details, please refer to the minutes of that meeting). He
stated that they are talking about 50 units. It is their contention
that the proposed use complies with all the requirements imposed by
the Zoning Code - parking and setback, etc. It is their further
contention that the proposed use is consistent with the objectives
and purposes of the Zoning Code and the applicable Zoning District,
which is Town Center.
John Dunn, Town Attorney: the amendment to the Zoning Code adopted
in 1980 in final reading July 22, 1980, restricted time sharing to
the RHDC district. Blish: it restricted time sharing in the RHDC
district. Dunn: it seems that the zoning is not proper, it seems
that under the amendment contained in Ordinance No. 14, Series of
1980, time sharing was restricted to RHDC and this project is not
in RHDC. Blish: does not believe that this matter needs to be
presented as a special use review.
The presentation continued. They are asking for conceptual approval
tonight. After John's presentation, Mike addressed the Town Council.
Ordinance No. 8, Series of 1980: amending the subdivision regulations
for time sharing. Ordinance No. 12, Series of 1979: definition of
accomodation units, hotel, motel, and lodge, and special review use.
By amendment, time sharing has been listed as a special review use.
All special review uses are to be approved by the Design Review Board
and the Town Council. The Board may notify the Council of their
decision, but do not make a recommendation to the Council.
Resolution No. 19, Series of 1980: regarding the zoning and density
of Lot 60, Block 2, Benchmark Subdivision. Mike asked the Town
Council to give the Board some information on the purpose of the
Time Sharing Ordinance, any policies or goals that are to be carried
out from that.
Alpi: stated the reasons for the control of Time Sharing in the Town.
Erickson: concern about disclosures of the cost to buyers, also to be
sure the facilities of the Town are adequate. Wells: reiterated the
statement of Erickson.
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Hardwick asked if the Council has any objections to the time sharing
concept in the location proposed tonight. Dunn: convinced that the
zoning is not appropriate, it is only for RHDC. Resolution No. 19,
Series of 1980, does not affect his conclusion. His conclusion is
that the application should not be at this time for special review
use but for a zoning change. If application is made for a zone
change then the issue before the Council is whether the Council
feels that time sharing should be permitted in a TC (Town Center)
district. Then it would not be a spot zoning change. The application
for a special review use is not proper, it should be a rezoning
application.
Blish: reiterated that time sharing is not limited to RHDC but is
limited in RHDC. Blair: the Town is considering at this time
whether this is a proper application rather than the question of
time sharing. Blish: agreed that controls are necessary by the
Town to protect the interest of the citizens. Wells: should be
handled as a zoning matter, since an increase or decrease in units
is a zoning matter.
Bruce Werth, managing partner: usually there is a 20-22% vacancy
factor during a given week, wants some type of control over the
project.
Mike asked the Town Attorney once again if this matter should be
considered as a zoning application rather than a special review use.
Dunn: it should be considered as an application for a zone change,
necessary notification given. The applicant can ask the Board and
the Council to amend the chart in the Zone Ordinance to permit
time sharing within a TC district. Notice was given to property
owners surrounding the area, as required for a special review use.
Blair: the Board should direct the applicant to apply for a zone
change, or rather an amendment to the Town Center zone which would
allow time sharing. Notice must be given to surrounding property
owners and to be published. This will be either an amendment to
the Zoning Ordinance or to the zoning map.
Blish: requested that the application which is currently under
consideration for a review of time share on Lot 60, Block 2, be
tabled pending the procedure for a zone change, pending the outcome
or decision.
Blair: Just need to reapply. Dunn: There is still a special
review use problem, it just will not be acted on at this time.
Hardwick made the motion to table this application until the
zoning change has been brought before the Board and Council. Dunn:
consider both at the same time, recommended to the Board that they
move to table the application for special review until such time
as the application is amended to include a request for zone change,
and appropriate notice given. Hardwick made the motion as stated
by the Town Attorney, Kumpost seconded the motion and it was passed
unanimously. Blair declared this particular hearing closed.
There being no further business to be brought before the Board, the
meeting was adjourned.
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Respectfully submitted by:
Jerre Sortland
Recording Secretary
Design Review Board
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