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PZC Res. No. 2013-01 TOWN OF AVON, COLORADO PLANNING COMMISSION RESOLUTION 13-01 SERIES OF 2013 A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO TITLE 7 OF THE AVON DEVELOPMENT CODE TOI AMEND DEFINITIONS< AMEND PERMITTED USES IN THE TOWN CENTER ZONE DISTRCIT AND TO AMEND REGULATIONS CONCERNING TIMESHARES AND FRANCTIONAL OWNERSHIP WHEREAS, the Town of Avon (“Town”) adopted Ordinance No. 10-14 adopting the Avon Development Code (“ADC”); WHEREAS, OZ Architecture and Mauriello Planning Group LLC (“Applicant”) submitted a Code Text Amendment application to the Town as the authorized representative for Wyndam Vacation Resorts, Inc., the owner of property in the Town described as 75 Benchmark Road, Avon, CO 81620; WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on January 15, 2013, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation, then took action to adopt findings of fact and make a recommendation of approval to the Town Council; WHEREAS, the Planning & Zoning Commission finds the Application complies with the review criteria set forth in Sections 7.16.040(c) as described below; and, WHEREAS, it is the Planning and Zoning Commission’s opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of the amendments to Section 7.08.010, General Definitions, Section 7.24.040, Table of allowed uses, Table 7.24-1, Table of allowed uses, Section 7.24.050, Use-specific regulations, and Section 7.24.060, Special review uses, of the Avon Development Code. NOW THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends that the Town Council of the Town of Avon approve the attached amendments (“Exhibit A to Resolution 12-04”) with the following findings: (1) The changes to Section 7.08.010, General Definitions, Section 7.24.040, Table of allowed uses, Table 7.24-1, Table of allowed uses, Section 7.24.050, Use-specific regulations, and Section 7.24.060, Special review uses, of the Avon Development Code comply with the criteria set forth in Section 7.16.040(c) of the Avon Municipal Code. Resolution 13-01, Code Text Amendment for Vacation Clubs and Timeshares 3 “Exhibit A to PZC Resolution 13-01” Section 1. Amendment to Section 7.08.010, General Definitions. Section 7.08.010, General Definitions, of the ADC is hereby amended to add the following definitions: “Hotel, Motel and Lodge means a building, excluding Bed and Breakfast, containing any room or group of rooms used primarily for short term transient lodging for a total continuous duration of less than thirty (30) days and which may include accessory uses such as offices, laundry facilities, recreational facilities, lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory uses commonly associated with hotels, motels and lodges. Vacation Club means a partnership, corporation, limited liability company or other legal entity that is the record owner, as reflected in the records of the Eagle County Tax Assessor, of a building containing one or more units which meet the definition of Dwelling, timeshare, interval ownership or fractional fee ownership and it permits possession of such dwelling(s) by its members and/or guests of its members on a periodic basis in consideration of such member’s fractional ownership interest in the building or property or membership in the entity.” Section 2. Amendment to Section 7.24.040, Table of allowed uses and Table 7.24-1, Table of allowed uses. Section 7.24.040, Table of allowed uses, and Table 7.24-1, Table of allowed uses, of the ADC is amended as follows: The column for the Town Center (TC) zone district shall be amended in the Use Category “Household Living” to add the designation “P” for Permitted Use in the following Use Types: Dwelling, Townhouse; Dwelling, Multi-Family; and, Dwelling, live/work. The Use Category “Household Living” shall be further amended to add a new row, entitled, “Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership/Vacation Club” and shall designate “S” for Special Review Use in the Neighborhood Commercial (NC) zone district, “P” for Permitted Use in the Mixed-Use Commercial (MC) zone district and “P” for Permitted Use in the Town Center (TC) zone district. In the Use Category “Accommodation”, the reference in the second row to “Lodging” shall be changed to “Hotel, Motel and Lodge”. The above mentioned modifications are exhibited in the table below: Resolution 13-01, Code Text Amendment for Vacation Clubs and Timeshares 4 Section 3. Amendment to Section 7.24.050, Use-specific regulations. Section 7.24.050, Use-specific regulations, of the ADC shall be amended to enact a new subsection (d) to read as follows: “(d) Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership (“timeshare”) must comply with the following limitations and conditions: (i) The marketing and sales practices for a timeshare development shall not include solicitation of prospective purchasers of timeshare units on any street, walking mall, courtyard or other public property or facility unless otherwise permitted by the Town. (ii) The parking requirement for a timeshare development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock-off units in the development, unless an appropriate level of guest transportation services, such as vans, car-share or shuttle vehicles, are offered as an alternative to having owners and guests using their own vehicles in Avon. (iii) The owner of a timeshare shall be prohibited from storing a vehicle in a parking space on-site when the owner is not using the estate.” Section 4. Amendment to Section 7.24.060, Special review uses. Section 7.24.060(a)(1) of the ADC shall be repealed and re-enacted in its entirety to read as follows: “7.24.060 Special review uses. (a) Residential Uses – Household Living. (1) Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership: (i) The conversion of an existing building, structure or property to a Dwelling, timeshare, interval ownership or fractional fee ownership (“timeshare”) shall be subject to the Special Review Use process if such use is Permitted in the Resolution 13-01, Code Text Amendment for Vacation Clubs and Timeshares 5 underlying zone district. In addition to the Special Review Use procedures and criteria for review, all conversions to timeshare ownership shall comply with the Town’s adopted fire, health and building codes; shall comply with the requirements of the zone district in which they are located; shall comply with all other applicable standards of this Code; and shall comply with the Use-specific regulations for Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership. For the purposes of this sub-section 7.24.060(a)(1) “conversion” shall mean the change of ownership from a non-timeshare ownership to a timeshare ownership as defined by Dwelling, timeshare, interval ownership or fractional fee ownership.”.”