TC Ord. No. 2005-08 Amending chapter 17.08 muni code of the TOA relating to definitions of "Lodge" and "Dwelling" and amending the wilridge planned unit developmentTOWN OF AVON, COLORADO
ORDINANCE NO. 05-08
SERIES OF 2005
AN ORDINANCE AMENDING CHAPTER 17.08, MUNICIPAL CODE OF THE TOWN
OF AVON, RELATING TO THE DEFINITION OF "LODGE" AND "DWELLING" AND
AMENDING THE WILDRIDGE PLANNED UNIT DEVELOPMENT
WHEREAS, Ordinance No. 79-12, finally adopted June 5, 1979, defined
"Dwelling" as "not including hotels, lodge units or similar units"; and
WHEREAS, Section 17.08.230, Avon Municipal Code, now defines "Dwelling"
as "not including hotel, motel and lodge units"; and
WHEREAS, Ordinance No. 79-12, finally adopted June 5, 1979, defined, and
Section 17.08.380, Avon Municipal Code, now defines "Hotel, Motel, and Lodge" as "a building
containing three (3) or more accommodation units, intended for temporary occupancy of guests;
and
WHEREAS, "motels" are not permitted as a use within any zone district within
the Town; and
WHEREAS, the final subdivision plat of the Wildridge planned unit development
("PUD"), recorded October 8, 1981, in Book 330 at Page 78, Eagle County records, defines
"Dwelling Unit" as not to include "Hotels, Lodge Units.... or similar units"; and
WHEREAS, the Wildridge subdivision is predominantly residential and was not
intended to include "lodges," as that term is commonly defined and understood; and
WHEREAS, the Town Council finds and determines that "lodges" or "lodge
units" ought to be defined as "a dwelling occupied by paying guests on a temporary (thirty-one
(31) days or less) basis so as to clarify the original intent of the Wildridge PUD; and
WHEREAS, the Town Council finds and determines that "lodge" or "lodge unit,"
as so defined, is similar to the uses otherwise prohibited by the Wildridge PUD and therefore not
permitted as a use within the Wildridge subdivision since its approval; and
WHEREAS, a "lodge" or "lodge unit," as so defined, located in a residential
neighborhood, is a nuisance in that such a use tends to cause excessive noise, parking problems
and the accumulation of trash; and
WHEREAS, amendment of the Avon Municipal Code to incorporate that
definition of "lodge" promotes consistency and is in the best interest of the residents of the Town
of Avon as a whole;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. Amendment. Section 17.08.230, Chapter 17.08 of Title 17, Avon
Municipal Code, is amended to provide as follows:
Dwelling means a building or portion thereof used for residential
purposes, including single-family, duplex and multifamily dwellings, but
not including hotel or lodge units
Section 2. Amendment. Section 17.08.380, Chapter 17.08 of Title 17, Avon
Municipal Code, is amended by deletion of "motel and lodge" from the section title and to
provide as follows:
Hotel means a building containing three (3) or more accommodation units,
occupied by paying guests on a temporary basis. Accessory use facilities
may consist of an office, laundry facilities used by the occupants,
recreation facilities, a lobby or lounge, kitchen and dining facilities and
similar accessory uses commonly found in association with a commercial
hotel operation and meeting the requirements of the particular zone district
in which the building is located.
Section 3. Amendment. Chapter 17.08 of Title 17, Avon Municipal Code, is
amended by the addition of a new Section 17.08.385 to provide as follows:
Lodge means a building containing common kitchen and dining facilities
occupied by paying guests on a temporary (thirty-one (31) days or less)
basis but not including a bed and breakfast residence.
Section 4. Amendment. The Wildridge planned unit development ("PUD"), as
approved by the subdivision plat recorded October 8, 1981, in Book 330 at Page 78, Eagle
County records, is amended by the incorporation by reference of the definition contained in
Section 3 hereof.
Section 5. Applicability. This ordinance shall apply to both existing and future
buildings within the Town of Avon.
Ordinance No. 05-08 Wildridge zoning
Page 2 of 3
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 12th day of July, 2005, referred for recommendation to the Planning
and Zoning Commission and a public hearing on this ordinance shall be held at the regular
meeting of the Town Council on the 9th day of August, 2005, at 5:30 P.M. in the Council
Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Ronald C. Wolfe, Mayor
INTRODUCED, FINALLY APPROVED, and PASSED ON SECOND
READING AND ORDERED POSTED the 9th day of August, 2005.
ATTEST:
3~]c- ~~j
y Mc envy, T 1 rk
APPROVED AS TO FORM:
1. .
J W. Dunn, own Attorney
Ordinance No. 05-08 Wildridge zoning
Page 3 of 3
ATTEST:
.A
.I
Memo
To: Honorable Mayor and Town Council
John Dunn, Town Attorney, Larry Brooks, Town Manager, Jacquie Halburnt, Asst.
Town Manager
From: Patty McKenny, Town Clerk
Date: August 4, 2005
Re: Ordinance No. 05-08
Summary: Attached are the following items for consideration with Ordinance No. 05-08, Ordinance
Amending Chapter 17.08 relating to the definitions of "lodge" and "Dwelling" and amending the
Wildridge PUD:
■ Black-lined version of the Ordinance
■ Final version of the Ordinance
Memo from John Dunn to Planning & Zoning Commission
■ Resolution adopted by Planning & Zoning Commission
ORDINANCE NO. 05-08
AN ORDINANCE AMENDING CHAPTER 17.08, MUNICIPAL
CODE OF THE TOWN OF AVON, RELATING TO THE
DEFINITION OF "LODGE" AND "DWELLING" AND
AMENDING THE WILDRIDGE PLANNED UNIT
DEVELOPMENT
WHEREAS, Ordinance No. 79-12, finally adopted June 5, 1979, defined
"Dwelling" as "not including hotels, lodge units or similar units"; and
WHEREAS, Section 17.08.230, Avon Municipal Code, now defines "Dwelling"
as "not including hotel, motel and lodge units"; and
WHEREAS, Ordinance No. 79-12, finally adopted June 5, 1979, defined, and
Section 17.08.380, Avon Municipal Code, now defines "Hotel, Motel, and Lodge" as "a building
containing three (3) or more accommodation units, intended for temporary occupancy of guests;
and
WHEREAS, "motels" are not permitted as a use within any zone district within
the Town; and
WHEREAS, the final subdivision plat of the Wildridge planned unit development
("PUD"), recorded October 8, 1981, in Book 330 at Page 78, Eagle County records, defines
"Dwelling Unit" as not to include "Hotels, Lodge Units, or similar units"; and
. WHEREAS, the Wildridge subdivision is predominantly residential and was not
intended to include "lodges," as that term is commonly defined and understood; and
WHEREAS, the Town Council finds and determines that "lodges" or "lodge
units" ought to be defined as "a dwelling occupied by more than six (6) paying Quests on
a' * nded for temporary-eeeupanff (thirty-one (31) days or less) basisof mer-e than Six (6)
guests" so as to clarify the original intent of the Wildridge PUD; and
WHEREAS, the Town Council finds and determines that "lodge" or "lodge unit,"
as so defined, is similar to the uses otherwise prohibited by the Wildridge PUD and therefore not
permitted as a use within the Wildridge subdivision since its approval; and
WHEREAS, a "lodge" or "lodge unit," as so defined, located in a residential
neighborhood, is a nuisance in that such a use tends to cause excessive noise, parking problems
and the accumulation of trash; and
WHEREAS, amendment of the Avon Municipal Code to incorporate that
definition of "lodge" promotes consistency and is in the best interest of the residents of the Town
of Avon as a whole;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. Amendment. Section 17.08.230, Chapter 17.08 of Title 17, Avon
Municipal Code, is amended to provide as follows:
Dwelling means a building or portion thereof used for residential
purposes, including single-family, duplex and multifamily dwellings, but
not including hotel or lodge units
Section 1. Amendment. Section 17.08.380, Chapter 17.08 of Title 17, Avon
Municipal Code, is amended by deletion of "motel and lodge" from the section title and to
provide as follows:
Hotel means a building containing three (3) or more accommodation units,
1V1 L1ll.
occupied bv:::.e..u~a r ~paying_guests on a
temporary basis. Accessory use facilities may consist of an office, laundry
facilities used by the occupants, recreation facilities, a lobby or lounge,
kitchen and dining facilities and similar accessory uses commonly found
in association with a commercial hotel operation and meeting the
requirements of the particular zone district in which the building is
located.
Section 2. Amendment. Chapter 17.08 of Title 17, Avon Municipal Code, is
amended by the addition of a new Section 17.08.385 to provide as follows:
Lodge means a building containing common kitchen and dining facilities
occupied by more than six (6) paying guests on a tended for-
temporary
eecupane (thirty-one (31) days or less) basis^f more tha
(6) guests, but not including a bed and breakfast residence.
Section 3. Amendment. The Wildridge planned unit development ("PUD"), as
approved by the subdivision plat recorded October 8, 1981, in Book 330 at Page 78, Eagle
County records, is amended by the incorporation by reference of the definition contained in
Section 2 hereof.
Section 4. Applicabiliy'. This ordinance shall apply to both existing and future
buildings within the Town of Avon.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 12th day of July, 2005, referred for recommendation to the Planning
and Zoning Commission and a public hearing on this ordinance shall be held at the regular
meeting of the Town Council on the 9th day of August, 2005, at 5:30 P.M. in the Council
Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the 9th day of August, 2005.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
ORDINANCE NO. 05-08
AN ORDINANCE AMENDING CHAPTER 17.08, MUNICIPAL
CODE OF THE TOWN OF AVON, RELATING TO THE
DEFINITION OF "LODGE" AND "DWELLING" AND
AMENDING THE WILDRIDGE PLANNED UNIT
DEVELOPMENT
WHEREAS, Ordinance No. 79-12, finally adopted June 5, 1.979, defined
"Dwelling" as "not including hotels, lodge units or similar units"; and
WHEREAS, Section 17.08.230, Avon Municipal Code, now defines "Dwelling"
as "not including hotel, motel and lodge units"; and
WHEREAS, Ordinance No. 79-12, finally adopted June 5, 1979, defined, and
Section 17.08.380, Avon Municipal Code, now defines "Hotel, Motel, and Lodge" as "a building
containing three (3) or more accommodation units, intended for temporary occupancy of guests;
and
WHEREAS, "motels" are not permitted as a use within any zone district within
the Town; and
WHEREAS, the final subdivision plat of the Wildridge planned unit development
("PUD"), recorded October 8, 1981, in Book 330 at Page 78, Eagle County records, defines
"Dwelling Unit" as not to include "Hotels, Lodge Units, or similar units"; and
WHEREAS, the Wildridge subdivision is predominantly residential and was not
intended to include "lodges," as that term is commonly defined and understood; and
WHEREAS, the Town Council finds and determines that "lodges" or "lodge
units" ought to be defined as "a dwelling occupied by more than six (6) paying guests on a
termporary (thirty-one (31) days or less) basis so as to clarify the original intent of the Wildridge
PUD; and
WHEREAS, the Town Council finds and determines that "lodge" or "lodge unit,"
as so defined, is similar to the uses otherwise prohibited by the Wildridge PUD and therefore not
permitted as a use within the Wildridge subdivision since its approval; and
WHEREAS, a "lodge" or "lodge unit," as so defined, located in a residential
neighborhood, is a nuisance in that such a use tends to cause excessive noise, parking problems
and the accumulation of trash; and
WHEREAS, amendment of the Avon Municipal Code to incorporate that
definition of "lodge" promotes consistency and is in the best interest of the residents of the Town
of Avon as a whole;
•1
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. Amendment. Section 17.08.230, Chapter 17.08 of Title 17, Avon
Municipal Code, is amended to provide as follows:
Dwelling means a building or portion thereof used for residential
purposes, including single-family, duplex and multifamily dwellings, but
not including hotel or lodge units
Section 1. Amendment. Section 17.08.380, Chapter 17.08 of Title 17, Avon
Municipal Code, is amended by deletion of "motel and lodge" from the section title and to
provide as follows:
Hotel means a building containing three (3) or more. accommodation units,
occupied by paying guests on a temporary basis. Accessory use facilities
may consist of an office, laundry facilities used by the occupants,
recreation facilities, a lobby or lounge, kitchen and dining facilities and
similar accessory uses commonly found in association with a commercial
hotel operation and meeting the requirements of the particular zone district
in which the building is located.
Section 2. Amendment. Chapter 17.08 of Title 17, Avon Municipal Code, is
amended by the addition of a new Section 17.08.385 to provide as follows:
Lodge means a building containing common kitchen and dining facilities
occupied by more than six (6) paying guests on a temporary (thirty-one
(31) days or less) basis but not including a bed and breakfast residence.
Section 3. Amendment. The Wildridge planned unit development ("PUD"), as
approved by the subdivision plat recorded October 8, 1981, in Book 330 at Page 78, Eagle
County records, is amended by the incorporation by reference of the definition contained in
Section 2 hereof.
Section 4. Applicability. This ordinance shall apply to both existing and future
buildings within the Town of Avon.
0j
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 12th day of July, 2005, referred for recommendation to the Planning
and Zoning Commission and a public hearing on this ordinance shall be held at the regular
meeting of the Town Council on the 9th day of August, 2005, at 5:30 P.M. in the Council
Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, and PASSED ON SECOND
READING AND ORDERED POSTED the 9th day of August, 2005.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
• IV
MEMORANDUM
TO: PLANNING AND ZONING COMMISSION
FROM: TOWN ATTORNEY
RE: ORDINANCE NO. 05-08
(RELATING TO DEFINITIONS OF LODGE AND
DWELLING AND AMENDING THE WILDR.IGE PUD)
DATE: JULY 279 2005
At a recent meeting of the Town Council, there were complaints by the public
regarding use of a residence at 5350 Ferret Lane in Wildridge for short term rental to large groups
of people. Persons at the meeting described problems with noise, parking and trash. Review of the
Town's sales tax records confirmed that the owner of that residence had remitted substantial
amounts of accommodation taxes to the Town. Town staff located a website for the property as
well as for other properties being similarly rented out. Also, council members expressed their own
awareness that properties in Wildridge are rented out short term. There was a consensus of the
Council that renting to small groups was acceptable but that renting to large groups so as to cause
noise, trash and parking problems needed to be addressed.
Ordinance No. 05-08, a copy of which is included in your packet and which has
been posted for public hearing, was adopted by the Council at their meeting on July 12. The
purpose of this ordinance was to correct the particular problem identified, that the definition of
"lodge" contained on the Wildridge plat and in the Town code does not address the problem
presented by a single-family dwelling which is short-termed to large groups of people. At the time
of the adoption of the ordinance, council members made several suggestions of changes, which
have now been incorporated into a second draft of the ordinance. That second draft, with the
changes shown, is also included in your packet.
The recitals of the ordinance recite the problem identified by Council:
1. Ordinance No. 79-12, finally adopted June 5, 1979, defined, and Section
17.08.380, Avon Municipal Code, now defines "Hotel, Motel, and Lodge" as "a building
containing three (3) or more accommodation units, intended for temporary occupancy of guests."
Because the Code defines "accommodation unit" as "a room or group of rooms, without a kitchen,"
"hotel, motel and lodge" are lumped together as a hotel type use without any distinction among
them.
2. There is no definition in the zoning title of the Code which encompasses the type
of use complained of, a ski lodge type use where large groups of people are housed in a dwelling
0f
unit with common kitchen and dining facilities. "Motel" is not even otherwise used in the zoning
title (except in the definition of "dwelling," which is why that definition is amended).
3. The final subdivision plat of the Wildridge planned unit development, recorded
October 8, 1981, in Book 330 at Page 78, Eagle County records, defines "Dwelling Unit" as not to
include "Hotels, Lodge Units, or similar units." Particularly with the addition of "or similar
units," the Wildridge plat is ambiguous as to whether short-term rentals were and are permitted in
residential areas.
To correct the deficiencies of the Code and the ambiguity of the Wildridge plat, the
ordinance limits accommodation facilities to two types, the hotel and the lodge. The hotel, at least
as it is presently defined, is comprised of three or more accommodation units, i.e., rooms without
cooking facilities. A lodge, on the other hand, is now defined as a short term rental facility with
common kitchen and dining areas. The ordinance also incorporates the new definition into the
Wildridge plat to resolve the ambiguity of the present definition. The dividing line of six persons,
with more than that causing the facility to be a lodge, is a starting point which particularly needs
your input. That number was intended to allow less intensive rentals.
My recommendation is that you recommend to the Council the adoption of
Ordinance No. 05-08 with the changes indicated in the revised ordinances and such other changes
as you deem appropriate. As I have said, the Council is particularly looking to you to make a
recommendation as to the threshold number to be used to trigger the definition of "lodge." It is
hoped that the Council will be able to have second reading of the ordinance at their next meeting on
August 9.
Staff will also appreciate alternative solutions for future review. Ordinance No. 05-
08 is intended to address a particular problem. It may not be the best long term solution.
JWD:ipse
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 05-09
SERIES OF 2005
A RESOLUTION RECOMMENDING APPROVAL OF
ORDINANCE NO. 05-08 TO TOWN COUNCIL, AN ORDINANCE
AMENDING CHAPTER 17.08, MUNICIPAL CODE OF THE
TOWN OF AVON, RELATING TO THE DEFINITION OF
"LODGE" AND "DWELLING" AND AMENDING THE
WILDRIDGE PLANNED UNIT DEVELOPMENT
WHEREAS, Ordinance No. 79-12, finally adopted June 5, 1979, defined "Dwelling" as "not
including hotels, lodge units or similar units"; and
WHEREAS, Section 17.08.230, Avon Municipal Code, now defines "Dwelling" as "not
including hotel, motel and lodge units"; and
WHEREAS, Ordinance No. 79-12, finally adopted June 5, 1979, defined, and Section
17.08.380, Avon Municipal Code, now defines "Hotel, Motel, and Lodge" as "a building containing
three (3) or more accommodation units, intended for temporary occupancy of guests; and
WHEREAS, "motels" are not permitted as a use within any zone district within the Town;
and
WHEREAS, the final subdivision plat of the Wildridge planned unit development ("PUD")
recorded October 8, 1981, in Book 330 at Page 78, Eagle County records, defines "Dwelling Unit
as not to include "Hotels, Lodge Units, or similar units"; and
WHEREAS, the Wildridge subdivision is predominantly residential and was not intended to
include "lodges," as that term is commonly defined and understood; and
WHEREAS, the Town Council finds and determines that "lodges" or "lodge units" ought to
be defined as "a dwelling occupied by paying guests on a temporary (thirty-one (31) days or less)
basis" so as to clarify the original intent of the Wildridge PUD; and
F: [Planning & Zoning Commission Wesolutions120051Res 05-09 Zoning Wildridge Amendments.doc
to
WHEREAS, the Town Council finds and determines that "lodge" or "lodge unit," as so
defined, is similar to the uses otherwise prohibited by the Wildridge PUD and therefore not
permitted as a use within the Wildridge subdivision since its approval; and
WHEREAS, a "lodge" or "lodge unit," as so defined, located in a residential neighborhood,
is a nuisance in that such a use tends to cause excessive noise, parking problems and the
accumulation of trash; and
WHEREAS, amendment of the Avon Municipal. Code to incorporate that definition of
"lodge" promotes consistency and is in the best interest of the residents of the Town of Avon as a
whole;
WHEREAS, the Planning and Zoning Commission has reviewed the attached revisions
("Exhibit A") to the Wildridge PUD and the Town of Avon Zoning Code, and
WHEREAS, the Planning and Zoning Commission has held a public hearing as required by
the Avon Municipal Code to review the proposed amendments;
WHEREAS, the Planning & Zoning Commission is appointed by Town Council to review,
make recommendations, and render decisions on all zoning applications; and
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends to the Town Council the approval of Ordinance 05-08 Series of 2005.
ADOPTED THIS. 2nd DAY OF AUGUST, 2005
Signe&
Date:
Chris Evans, Chair
Attest.-
Date:
Phil Struve, Secretary
F.-Oanning & Zoning CommissionlResolutionA20051Res 05-09 Zoning Wildridge Amendments.doc