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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