TC Ord. No. 1985-12TOWN OF AVON
ORDINANCE NO. 85-12
SERIES OF 1985
AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF AVON,
AND ZONING CERTAIN PROPERTY
WHEREAS, the Town of Avon has, pursuant to Ordinance
No. 79-12, Series of 1979, established a set of toning Districts
and "adopted a Zoning Map reflecting such Zoning Districts; and
WHEREAS, the Town-of Avon'desires.to designate a-
Zoning District applicable to the Parcel and to amend the Zoning
Map to reflect such designation; and
WHEREAS, as provided by Ordinance No. 79-12, the
Planning and Zoning Commission of the Town of Avon has held a
hearing concerning the proposed zoning of such Parcel, and has
recommended that the Parcel be zoned SPA (Specially Planned Area).
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, THAT:
1. Classifi,
located in the Town of
26, 27, 28, Block 1,
SPA (Specially Planned
the Town of Avon. The
amended by designating
1, Benchmark at Beaver
--ation of Parcel. The real property
Avon, more particularly described as lots
Benchmark at Beaver Creek is hereby classified
Area), as provided in.Ordinance No. 79-12 of
Zoning Map of the Town of Avon is hereby
the Parcel as SPA for Lots 26, 27, & 28, Block
Creek.Subdivision.
2. Effective Date. This Ordinance shall take effect
in accordance with the Charter of the Town of Avon, and the Town
Clerk is directed to amend the Zoning Map of the Town as provided
herein.
INTRODUCED, PASSED,-READ ON FIRST READING, APPROVED,
AND ORDERED PUBLISHED ONCE IN FULL, this day of 1985,
and a public hearing on this ordinance shall be held at the regular
meeting of the Town Council of the Town of Avon, Colorado, on the
day of , 1985 at 7:30 p.m. in the Municipal.
Offices of the Town.
TOWN 'COUNCIL
TOWN OF AVON, COLORADO
Allan R. Nottingham, Mayor
ATTEST:
Patricia J. Doyle,- Town Clerk
INTRODUCED, PASSED, READ ON SECOND READING, APPROVED
AND ORDERED POSTED-.this'- day_:of°;:-::> , 1985.
Allan R. Nottingham, Mayor
ATTEST:
Patricia J. Doyle, Town Clerk -
-2-
0 ~ s
MEMO
TO: Bill James
FROM: Norm Wood
RE: Ordinance No. 85-12
Lots 26, 27, & 28, Block 1, Benchmark at Beaver Creek
Zone Change from IC to SPA - Specially Planned Area
Bed and Breakfast Lodge
Vail Building Arts Associates and Colorow at Squaw Creek
Partnership, owners of Lots 26, 27, and 28, Block 1, Benchmark at
Beaver Creek, have requested a change in zoning from IC
(Industrial/Commercial) to SPA (Specially Planned Area) Bed and
'Breakfast Lodge. This change would be accomplished by the
adoption of Ordinance No. 85-12.
In order. to- be consistent with past actions regarding requested
zone changes, the following actions are recommended:
June 11, 1985: Town Council adopt Ordinance No. 85-12 on
first reading;
June 13, 1985: Planning and Zoning Commission hold Public
Hearing on Ordinance No. 85-12 and, at
conclusion of Public Hearing, formulate
recommendation to Town Council with regard
to proposed zone change;
June 25, 1985: Town Council hold Public Hearing, then,
after considering recommendation from -Plan-
ning and Zoning Commission and-information
received at Public Hearing, act on
Ordinance No. 85-12.
The required Notices of Public Hearing have been mailed and posted
for the Public Hearing to be held by the Planning and Zoning
Commission.
Approve Ordinance No. 85-12, on first reading, and refer it to the
Planning and Zoning Commission, for Public Hearing and review, at
June 13, 1985, meeting.
1'i.cenicd • gEc E1 .1, ~'LLC~ JI2G'. Cofo%ado Statz
and Bondrd -Lcm:iz'JNo. 1089
(D. -So z /5~9 ogv p on,, /eofo taalo 51620
p
June 11, 1985
Town Clerk
Town of Avon
P.O. Box 975
Avon, CO 81620
RE: SPA - Bed,& Breakfast Ledge
After reviewing the proposal by Vail Building Arts
Associates for the new bed and breakfast lodge planned
for Avon, we strongly support the need for the zoning
change.
Being an owner of the adjacent property, we believe this
new development would enhance the Town of Avon and the
tourist business here as well.
Sincerely,
Terr Harris
President
TLH/ dsm
RECEIVED~YN11W5
STAFF REPORT TO PLANNING & ZONING COMMISSION - 6/13/85
Ordinance No. 85-12
Zone Change from IC to SPA
Lots 26, 27 & 28, Block 1, Benchmark at Beaver Creek
INTRODUCTION:
Vail Building Arts Associates and Colorow at Squaw Creek Partnerships, owners of
Lots 26, 27 and 28, Block 1, Benchmark at Beaver Creek, have requested a zone
chance from IC (Industrial/Commercial) to SPA (Specially Planned Area) Bed and
Breakfast Lodge. This zone change would be accomplished by the adoption of
Ordinance 85-12.
Allowed uses in the IC (Industrial/Commercial) zone district consist of:
warehouse, laboratories, electrical substation, light manufacturing plants,
wholesale sales outlets, show rooms, industrial, construction and wholesale
offices, accessory building. Special Review Uses in the IC zone district
consist of: residential unit when used in connection with business operation,
automotive or other vehicular sales and repair shops, retail sales and personal
service outlets, restaurants, public uses, outside storage areas, general
commercial offices.
Allowed uses in the SPA (Specially Planned Area) zone district are set by adopted
plan. SPA zone districts allow development according to an approved plan
establishino allowable densities, uses, required parking and other zoning matters
for all, or any portion of.a parcel so designated.'
The required notices of public hearing have been mailed and the required fees
paid. The Town Council has deferred action on Ordinance No. 85-12 pending report
and recommendations from Planning and Zoning Commission.
Schematic drawings showing a proposed project consisting of approximately 120,
300 SF motel units and approximately 130 surface parking spaces have been sub-
mitted. Two, three story buildings are indicated. Information seems incomplete
for design review or approval of SPA development plan.
Current Town records indicate there are no development rights assigned to the
three lots.
PPnrrnIIRF-
The procedure for Zone Changes is outlined as follows:
1. Written notice of public hearing to owners of property within 300 feet
of proposed zone change;
2. Public Hearing before Planning and Zoning Commission regarding proposed
zone change;
Staff Report to Planning & Zoning Commission - 6/13/85
Ordinance No. 85-12
Zone Change from IC to SPA
Lots 26, 27 & 28, Block 1, Benchmark at Beaver Creek
Paae 2 of 4
PROCEDURE, CON-T.:
3. Report and recommendations from Plannina and Zonino Commission to Town
Council;
4. After receiving report and recommendations, Town Council shall hold a
public hearing and act on proposed amendment.
STAFF COMMENTS:
In reviewing the requested zone change, the following questions should be addressed:
1. What are the proposed "uses" within the SPA?
2. Are the proposed uses in "conflict" ~-rith the uses identified in the
Economic Development Goals and Policies for Development District Six?
3. Would a "variation" from the intended uses within the development district
substantially "change" the character of the neighborhood?
4. Would a "change=in-character" irreparably alter or adv~ersly effect the
"pre-existing" and "Master Planned uses of the development ia'strict,
zone district, or neighborhood?
5. Is the property "adjacent or contiguous" with the boundary of another
planning district, and can the proposed uses be considered a "transition"
between zoning or development districts?
6. Is the proposed site "accessible" by mass transportation and does it have
adequate public streets, sidewalks, bikepaths, and drainways?
7. Has the applicant; in writina, "defined" the nature, location, and size
of uses requested?
8. If "residential uses" are requested, can the applicant demonstrate the
ownership of a sufficient number of Residential Development Rights?
9. Has the applicant demonstrated that the proposed uses within the SPA
would not adversely effect resent or potential" development projects,
or that the aggregrate of the proposed uses would not Trematurely
overburden" the "capacity" of the public service systems?
10. Can a "standard zone district" more adequately state the intention of the
requested "SPA" zone district?
Staff Report to Planning & Zoning Commission - 6/13/85
Ordinance No.- 85-12
Zone Chanoe from IC to SPA
Lots 26, 27 & 28, Block 1, Benchmark at Beaver,Creek
Page 3 of 4
STAFF COMMENTS, CON'T.:
11. If the proposed use is generally acceptable in the IC zone district,
would a more appropriate solution be to amend the zoning code to allow
motels as a Special Review Use?
RECOMMENDED PROCEDURES:
1. Introduce requested action;
2. Open Public Hearing;
3.- Close Public Hearing;
4. Consider application and information from Public Hearing;
5. Possible Actions:
a. Recommend Council adopt Ordinance No. 85-12 as written;
b. Recommend Council reject Ordinance No. 85-12 as an inappropriate
zone change;
c. Continue review of requested action pending receipt of additional
information;
d. Recommend Council modify requested zone change to a more appropriate
zone designation;
e.: Recommend Council reject Ordinance No. 85-12 and initiate development
of an Ordinance amending the zoning code to allow motels in the IC
zone district as a Special Review Use.
Respectfully Submitted,
Norm Wood
Director of Engineering and
Community Development
Staff Report to Planning & Zoning Commission - 6/13/85
Ordinance No. 85-12
Zone Change from IC to SPA
Lots 26, 27 & 28, Block 1, Benchmark at Beaver Creek
Page 4 of 4 ,
Planning and Zonin4_Action:
Approved as Submitted ( } Approved with Recommended Conditions ( )
Approved with Modified Conditions ( ) Continued ( ) Denied ( ) Withdrawn ( )
Date Patricia Cuny, Secretary
NW/mml
TO: BILL JAMES
FROM: NORM WOOD
DATE: JUNE 20, 1985
RE: ORDINANCE 85-12
ZONING CHANGE - LOTS 26, 27, & 28, BLOCK 1, BENCHMARK AT BEAVER CREEK
IC to SPA
At the regular meeting on June 13, 1985, the Planning and Zoning Commission
held a public hearing regarding a requested zone change for Lots, 26, 27, &
28, Block 1, Benchmark at Beaver Creek. The requested zone change is from
IC (Industrial/Commercial) to SPA (Specially Planned Area). The change was
requested to allow construction of a motel in that area.
After reviewing the proposed amendments and opening the public hearing, the
commission concluded that additional review of the Master Plan Goals and
Objectives for Planning District 6 was needed before a recommendation could
be made to Council. The public hearing was continued to the July 11, 1985
meeting to allow consideration of the District 6 Goals and Objectives at
the June 27, 1985 meeting.
Action by Council is not recommended on Ordiance 85-12 until a review of
the District 6 Goals and Objectives is complete and a recommendation is
formulated by the Planning and Zoning Commission.
NW/ j e
STAFF REPORT TO PLANNING & ZONING COMMISSION - 7/25/85
Lots 26-28, Block 1, Benchmark at Beaver Creek
Zone Change -"IC to SPA
Vail Building Arts - Public Hearing
Continued from 7/11/85 Regular Meeting
INTRODUCTION:
Vail Building Arts Associates and Colorow at Squaw Creek Partnerships, owners of
Lots 26, 27, and 28, Block 1, Benchmark at Beaver Creek have requested a zone
change from IC (Industrial/Commercial) to SPA (Specially Planned Area) Bed and
Breakfast Lodge. This zone change would be accomplished by the adoption of
Ordinance 85-12.
This application was continued at the applicant's request pending the results of
a joint meeting of Town Council and Planning and Zoning Commission., This joint
meeting was held July 9, 1985 to reconsider the working goals and objectives for
District 6 as adopted by the Planning and Zoning Commission. At this meeting,
the working goals and objectives were reconfirmed as adopted.
The proposed zone-change does not seem to conform with adopted goals and objectives
for District 6.
RECOMMENDED ACTIONS:
1. Introduce requested action;
2. Presentation by applicant;
3. Open Public Hearing;,
4. Consider requested action;
5. Formulate recommendation to Council:
a. Recommend Council approve or deny Ordinance 85-12 as presented;
b. Recommend Council approve Ordinance 85-12 with modifications (specify);
c. Continue review for future consideration, at applicant's request.
Respectfully Submitted,
Norm Wood °
Director of Engineering and
Community Development
Staff Report to Planning & Zoning Commission - 7/25/85
Lots 26-28, Block 1, Benchmark at Beaver Creek
Zone Chance - IC to SPA
Vail Building Arts - Public Hearing
Continued from 7/11/85 Regular Meeting
Page 2 of 2
Planning and Zoning Action:
Approved as Submitted ( ) Approved with Modifications ( ) Continued ( )
Denied (
Date Patricia CunY, Secretary ~tz -J
RECOWENDED ACTION:
NW/mml
Town of Avon P. O. Box 975, Avon, CO 81620 (303) 949-4280
July 26, 1985
Mr. Les Shapiro
Vail Building Arts.
P.O. Box 2028
Avon, CO 81620
RE: Lots 26-28, Block.l, Benchmark at Beaver Creek
Zone Change - IC to SPA
Public Hearing
Continued from 7/11/85 Regular Meeting
Dear Mr. Shapiro:
At the July 25, 1985 Planning and Zoning Commission meeting, the following action
was taken with regard to the above mentioned:
The Commission recommended that Town Council deny Ordinance 85-12 as presented
because it is in conflict with Development District 6 Goals, as adopted for the
Master Plan.
Sincerely,
Ma are M. Lach
Recor ng Secretary
Copy/Fi 1 e
/mml
MEMO
TO: Bill James
FROM: Norm Wood
RE: Ordinance No. 85-12
Requested Zone Change - IC to SPA
Lots 26, 27, & 28, Block 1, Benchmark at Beaver Creek
Vail Building Arts Associates and Colorow at Squaw Creek Partner-
ship, owners of Lots 26, 27, & 28, Blk. 1, Benchmark at Beaver
Creek, have requested a zone change. The requested change i's from
IC (Industrial/Commercial) to SPA (Specially Planned Area) Bed and
Breakfast Lodge. This change would be accomplished by the adoption
of Ordinance No. 85-12.
The Planning and Zoning Commission held the required public hearing;
and then reviewed the requested zone change.. At the conclusion of
the public hearing and review, the Commission found the requested
zone change to be in conflict with adopted Working Goals for
Development District 6, and recommended that Council deny the re-
quested zone change.
The required Notice of Public Hearing has been posted for official
Council action on a requested zone change.,
RECOMMENDED ACTION:
1. Introduce requested zone change
2. Conduct Public Hearing
3. Approve or deny ordinance No. 85-12 on first reading.
NW/brj
8-7-85