Loading...
TC Ord. No. 2010-04 Approving an Amendment to the Brookside Pud Lot2&3 Eaglewood Subdiv to Allow Short Term Rental UseTOWN OF AVON, COLORADO ORDINANCE 10 -04 SERIES of 2010 AN ORDINANCE APPOVING AN AMENDMENT TO THE BROOKSIDE PUD, LOTS 2 & 3, EAGLEWOOD SUBDIVISION, TO ALLOW SHORT TERM RENTAL USE WHEREAS, the Town of Avon approved a Rezoning from RHDC to PUD for Lots 2 & 3, Eaglewood Subdivision, by Ordinance No. 96 -8 which included the Development Plan that described the allowed residential uses as "Multiple Family Dwelling Units including townhomes, condominiums and apartments;" WHEREAS, the Town of Avon does not permit short term rental use as an accessory use to residential property pursuant to the Town of Avon Municipal Code ( "AMC "); WHEREAS, Vicki Eastman, with the permission of and on behalf of the Lodge at Brookside Association, has applied for a Planned Unit Development ( "PUD ") Amendment, pursuant to Section 17.20.110 of the Avon Municipal Code; WHEREAS, the Planning & Zoning Commission of the Town of Avon held public hearings on February 16, 2010, and March 3, 2010, after 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 and make a recommendation of approval to the Town Council; WHEREAS, Policy C.1.3 of the Town of Avon Comprehensive Plan states, "Focus lodging and guest accommodation in the Town Center Districts to take advantage of the proximity to retail, commercial and other community services"; WHEREAS, the Town approved Ordinance 09 -12, to permit Short Term Rental uses as defined by Section 3.28.020 for Hotel room, condominium unit, or other accommodation of the Avon Municipal Code, in areas of the town core that are residential in nature; and, WHEREAS, the Town Council of the Town of Avon held a public hearing on March 23, 2010, after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Brookside PUD amendment application; WHEREAS, pursuant to Title 17.20.110(h) of the AMC, the Town Council finds this application is in substantial compliance with the applicable review criteria; WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law and the AMC by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Ord No. 10 -04 Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following: SECTION 1. AMENDMENT TO BROOKSIDE PUD. The Brookside Park Planned Unit Development, Eaglewood Subdivision, is hereby amended to include Short Term Rental as an allowed use, as defined by Chapter 17.20.140 of the Avon Municipal Code, as may be amended or re- codified from time to time. SECTION 2. CORRECTION OF ERRORS. Town Staff is authorized to correct any typographical, grammatical, cross - reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. SECTION 3. SEVERABILITY. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. SECTION 5. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. SECTION 6. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [signature page follows] Page 2 of 3 Ord No. 10 -04 INTRODUCED APPROVED, PASSED ON FIRST READING AND ORDERED POSTED: the 9'A day of March, 2010, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 26th da of March, 2010, at 5:30 P.M. in the Council Chambers, Avon Munic' al Building, One Lake treet Avon, Colorado. �o�NOF AVpN (/ sE A, Ronald C. Wolfe, Mayor Published by p ing in at leasf t e public places in Town and posting at the office of the Town Clerk at least sev lib final action by the Town Council. ATTEST: APPROVED AS TO FORM: Pa M envy, T wn lerk Eric Heil, Town Attorney INTRODUCED, ORDERED PUB Y APPROVED, AND PASSED ON SECOND READING, AND POSTING on the 26th day of March, 2010. o N OF AVp� :SEAL: Published by posts office of the Town Clerk. Page 3 of 3 Ord No. 10 -04 Ronald C. Wolfe, Mayor at least three public places in Town and posting by title at the 0 Memo To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved by: Sally Vecchio, Asst Town Manager, Corn Dev From: Matt Pielsticker, Planner II Date: March 16, 2010 Re: PUBLIC HEARING Ordinance No. 10 -04, Series of 2010 Amending the Brookside PUD To Permit Short Term Rental Units On Lots 2 And 3. Summary: The Brookside HOA submitted an application to amend the Brookside Planned Unit Development ( "PUD ") to permit "Short Term Rentals" as a use by right on Lots 2 and 3 of the development. Following a public hearing on February 16, 2010, the Planning and Zoning Commission made a unanimous recommendation for approval of this application at their March 3, 2010 meeting. • The Council approved this Ordinance on First Reading at the March 9, 2010 regular meeting. Please refer to the attached Planning and Zoning Commission packet information related to this application for details of the property and proposal. Background: The Town Council adopted a Short Term Rental Overlay Zone District last year to permit such uses for hotel rooms condominium units or other accommodation units in specific areas of town that were adjacent to the town core and residential in nature. PUD zoned properties were not included in the overlay district and instead must apply for PUD amendment to include short term rentals as a permitted use in the development. This application is in conformance with the review criteria for PUD amendments and the intent of the Short Term Rental Overlay District by concentrating accommodation units in residential areas of the town core. Recommendation: Staff recommends the Council approve Ordinance No. 10 -04, Series of 2010, citing the findings contained herein which support amending the Brookside PUD to add "Short Term Rentals" as a use by right. Proposed Motion: "I move to Approve the second reading of Ordinance No. 10 -04, Series of 2010, Amending the Brookside PUD to permit short term rental units on Lots 2 and 3." • Town Manager Comments: Q TOWN OF AVON, COLORADO • ORDINANCE 10 -05 SERIES of 2010 AN ORDINANCE APPROVING AN AMENDMENT TO THE NOTTINGHAM STATION PUD, LOT 4, NOTTINGHAM STATION SUBDIVISION, TO ALLOW SHORT TERM RENTAL USE WHEREAS, the Town of Avon approved a Planned Unit Development ( "PUD ") Amendment, by Ordinance No. 95 -7, which set forth the standards and described the permitted uses for Lot 4, Nottingham Station to include "Multiple Family Dwelling Units and associated garages plus one management unit not to exceed 330 square feet;" WHEREAS, the Town of Avon does not permit short term rental use as an accessory use to residential property pursuant to the Town of Avon Municipal Code ( "AMC "); WHEREAS, Vicki Eastman, with the permission of and on behalf of the Canyon Run Homeowners Association, has applied for a Planned Unit Development ( "PUD ") Amendment, pursuant to Section 17.20.110 of the Avon Municipal Code; WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on March 3, 2010, after 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 and make a recommendation of approval to the Town Council; WHEREAS, Policy C.1.3 of the Town of Avon Comprehensive Plan states, "Focus lodging and guest accommodation in the Town Center Districts to take advantage of the proximity to retail, commercial and other community services "; WHEREAS, the Town approved Ordinance 09 -12, to permit Short Term Rental uses as defined by Section 3.28.020 for Hotel room, condominium unit, or other accommodation of the Avon Municipal Code, in areas of the town core that are residential in nature; and, WHEREAS, the Town Council of the Town of Avon held a public hearing on March 23, 2010, after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Brookside PUD amendment application; WHEREAS, pursuant to Title 17.20.110(h) of the AMC, the Town Council finds this application is in substantial compliance with the applicable review criteria; WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law and the AMC by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application • Ord No. 10 -05 le • and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following: SECTION 1. AMENDMENT TO NOTTINGHAM STATION PUD. The Nottingham Station Planned Unit Development, Lot 4, Nottingham Station Subdivision, is hereby amended to include Short Term Rental as an allowed use, as defined by Chapter 17.20.140 of the Avon Municipal Code, as may be amended or re- codified from time to time. SECTION 2. CORRECTION OF ERRORS. Town Staff is authorized to correct any typographical, grammatical, cross - reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. SECTION 3. SEVERABILITY. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional • or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. SECTION 5. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. SECTION 6. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. • Page 2 of 4 Ord No. 10 -05 [signature page follows] .7 • Page 3 of 4 • Ord No. 10 -05 • INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED: the 91h day of March, 2010, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 26th day of March, 2010, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: Eric Heil, Town Attorney • INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 26th day of March, 2010. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk • Page 4 of 4 Ord No. 10 -05 7� �' is , - • j.. Z.. t.- -DECLARATION. OF COYKNANTS, CONDITIONS, RESTRICTIONS AND MUMCENTS FOR CANYON RUN `W .041 ''o v •. •Jays ;�y 1;1,7•! ;+XP. Of 0 606334 B -710 P -355 11/01/1996 04:37P P0.1 OF 62 RE^ .s' Sara J. Fisher Eagle County Clark & Recorder DOC NOT . 311.00 j; r i •. ' N4 T,��r' ?r1:t ,.rte 4,t I.W. .V. . �n and obtain a rolease of such lion. In the event that the Owner of the Condominium Unit on which the labor was ;performed or materials furninhod refuses or fails to so indemnify within seven days after the Canyon Run Association shall have given notice to such Owner of the total amount of the eleim, or any portions thereof from time to time, then the failure to so indemnify shall be a default by such Ow-nor under the provisions o;: this Bection 12.2, and such amount to be indemnified shall automatically become a default Assesamont date mined and levied against such Condominium Unit, and enforceable by the Canyon Run Association in accordance with Sections 8.10, 8.11 and 8.12 above. . ��ARTICLH 13 IISR R36TRICTIOLT3 Bection 13.1 yno of Condominium Unita. All Units shall be used for dwelling and lodging purposes only, in conformity with all zoning laws, ordinancos and regulations. Owners of Condominium Units may rant or loaae such Units to others for these purpoaaa and may una the Condominium Units for home occupations which do not cause unroacorable disturbance to other Owners and whict, are permitted by applicable zoning codes. Notwithstanding the iorogoing, two (2) Condominium Units dooignatod on the 4ondor.inium A1ap as a "Comimorcial Unit" may be used as a Condominium Project 'salon office, property management office, rental management office, storage facility and /or such other uses as may be permitted under tho'Town of Avon zoning and use restrictions applicable to-Canyon Run, including, without limitation, Town of Avon Ordinance No. 96 -9 roeordod in Book 700 at Page 144 in the real property records of EA910 County, Colorado.. All Owners will be subject to the rules and -regulationn of.tho Canyon Run Association. Soction 13.2. PS1lyava.__ce Sr` ni C ndominium 1lts. All Condominium Units, 'whether or not the instrument of conveyance or aasignm3nt shall refor to;tihis Declaration, shall bo•aubject to the covonante;• conditiona,• restrictione, easements; •reoervationa, rights -of -way, and other provisions contained in this Declaration, AD the name may be amended from time to time. Section 13.3 j of Common Elemantq. There shall be no obstruction of the Common Elements, nor shall anything be capt or stored on any part of the Common Elomente by any Owner without the -prior' written approval of the Canyon Run Association. Nothing shall be altered on, constructed in, or removed from the Common Elements by any Owner without the prior written approval of .'.he Canyon Run Association. Section 13.4 Drohibi[!on of Increaaea in Insurable Ripka and SRrS,ain Activities. Nothing shall be done or kept in any Condominium Unit or in - ' L, or the Coi=unon Elements, or any part thoroaf, which wou.1d res�: in the cancellation of the insurance on all or any part of the Condominium Project or in an increlse in* the 30 . 606334 D -710 P -955 11/01/1996 04;37P PG 55 OF 62 M Ct •: i � S, a r; I Summary The applicant, Vicki Eastman, on behalf of the Lodge at Brookside Homeowners Association has applied for a Planned Unit Development ( "PUD ") Amendment to allow Short Term Rentals as a use on Lots 2 and 3 of the Brookside PUD. A "Short Term Rental' is defined as "rental of property for a total continuous duration of less than thirty one (31) days." The Planning Commission held a public hearing on the application on February 16, 2010. After review of the application and hearing from the applicant the Commission tabled the application and directed staff to clarify the findings and compliance with the review criteria. Staff therefore recommends approval of this application to allow short-term rentals as a use in the Brookside PUD. Process • Short Term Rentals are regulated pursuant to Sec 17.20.140 of the Zoning Ordinance. PUDs that are not included in the Short Term Rental Overlay District and do not already include short term rentals as a permitted use must apply for a PUD amendment. PUD amendments are adopted by Council Ordinance. The review process requires a hearing and recommendation by the Commission followed by a second public hearing before the Council The Brookside HOA Board of Directors, which controls the condominium and townhome buildings on Lot 2 and Lot 3, voted to approve this application to amend the Brookside PUD to allow short-term rentals in both buildings. The Town has received two letters from Brookside Lodge property- owners opposing the application and a letter of support from the master association president, Frank Navarro. All documents are included in Exhibit D of this memorandum. Property Description The Brookside PUD was approved in 1996 as a mixed -use project on approximately 4.7 acres. The development is comprised of three buildings on three separate lots along with common open space and amenities including an outdoor swimming pool and hot tub (the Property). The Property is accessed from one shared driveway on Hwy 6 west of W. Beaver Creek Blvd. The Property is developed in a linear fashion along Hwy 6. Lot 1 is located on the east side of the Property and includes a 29,500 sf office building with 63 surface and 37 stuructured parking spaces. Lot 2 in the middle of the property is • • Staff Report PUD Amendment March 2, 2010 Planning & Zoning Commission Meeting Report Date February 26, 2010 Project Type Planned Unit Development (PUD) Amendment Legal Description Lots 2 and 3, Eaglewood Subdivision Prepared By Matt Pielsticker, Planner II "c-ie Summary The applicant, Vicki Eastman, on behalf of the Lodge at Brookside Homeowners Association has applied for a Planned Unit Development ( "PUD ") Amendment to allow Short Term Rentals as a use on Lots 2 and 3 of the Brookside PUD. A "Short Term Rental' is defined as "rental of property for a total continuous duration of less than thirty one (31) days." The Planning Commission held a public hearing on the application on February 16, 2010. After review of the application and hearing from the applicant the Commission tabled the application and directed staff to clarify the findings and compliance with the review criteria. Staff therefore recommends approval of this application to allow short-term rentals as a use in the Brookside PUD. Process • Short Term Rentals are regulated pursuant to Sec 17.20.140 of the Zoning Ordinance. PUDs that are not included in the Short Term Rental Overlay District and do not already include short term rentals as a permitted use must apply for a PUD amendment. PUD amendments are adopted by Council Ordinance. The review process requires a hearing and recommendation by the Commission followed by a second public hearing before the Council The Brookside HOA Board of Directors, which controls the condominium and townhome buildings on Lot 2 and Lot 3, voted to approve this application to amend the Brookside PUD to allow short-term rentals in both buildings. The Town has received two letters from Brookside Lodge property- owners opposing the application and a letter of support from the master association president, Frank Navarro. All documents are included in Exhibit D of this memorandum. Property Description The Brookside PUD was approved in 1996 as a mixed -use project on approximately 4.7 acres. The development is comprised of three buildings on three separate lots along with common open space and amenities including an outdoor swimming pool and hot tub (the Property). The Property is accessed from one shared driveway on Hwy 6 west of W. Beaver Creek Blvd. The Property is developed in a linear fashion along Hwy 6. Lot 1 is located on the east side of the Property and includes a 29,500 sf office building with 63 surface and 37 stuructured parking spaces. Lot 2 in the middle of the property is • • developed with a 40 unit residential condominium known as Brookside Lodge. This building includes an underground parking garage with 48 spaces and 56 surface parking spaces. Lot 3 is situated on the west side of the Property, and was developed with a 14 unit townhouse building. Each townhome includes a 1 car garage, and shares some of the surface parking spaces for overflow /guest parking with Lot 2 adjacent to Highway 6 and 24. A site plan of the Property is attached as Exhibit B. The Property is bordered on the north and west by the ECO river recreation path and the Eagle River. The Sunridge Phase II residential condominiums border the eastern property line and Highway 6 borders the entire southern property line. Across Highway 6 and 24 is the Bear parking lot for Beaver Creek Resort Policy Analysis The intent of the Short Term Rental Overlay (STRO) District regulations is to permit "Short Term Rental uses for hotel room, condominium unit, or other accommodation in areas of the town core that are residential in nature." Permitting short term rentals at Brookside is consistent with the intent of the STRO regulations. Brookside PUD is a mixed -use development which includes a residential component and amenities; and the Property is located in close proximity to town center amenities and both local and regional transportation services. Planning Analysis is The applicant is requesting that short term rentals be permitted as a use in the two residential buildings located on the Property. The Brookside PUD contemplated such a use, as evidenced by the fact that the permitted uses include a rental office in the Brookside Lodge building. The HOA covenants permit short term rentals and many of the home owners have regularly rented their units out for short term accommodations since the project was constructed. Parking on the site can accommodate short-term rentals in Buildings 2 and 3. Parking for the residential portions of the project is provided at a rate of 2 spaces per unit. Short-term rentals are typically parked at a rate of between 1.2 to 1.5 spaces per accommodation unit. The location of the Property and close proximity to Town Center, Beaver Creek Resort and Hwy 6 make it suitable for tourist and guest accommodations. All vehicles entering the property share an entrance off Highway 6 & 24, and once on the site, vehicles either bear right towards the commercial building and underground parking, or left towards the residential portions of the property. The regional ECO bus stop is located approximately one quarter mile from the entrance to the site. The circulation system for both vehicles and pedestrians is well developed and functional on site with direct pedestrian connections provided to the river path. The Transportation Plan envisions sidewalks or separate paved trails along Highway 6 & 24 in the future. A direct pedestrian connection adjacent to Highway 6 to the intersection with West Beaver Creek Boulevard will help connect pedestrians and guests to the 3 project. In the meantime, there is sufficient access to the bus stops by walking the ECO • recreation path towards West Beaver Creek Boulevard. Engineering Analysis The application does not require any modifications to the Property that would require engineering design. Design Review The application does not require any modifications to the Property or the buildings that would require design review. Findings The proposed PUD Amendment to allow Short Term Rentals at the Brookside Lodge and Townhomes is consistent with the review criteria set forth in Section 17.20.110 of the Zoning Code as follows: 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. The PUD amendment would allow short term rentals on the property, which is consistent with Avon's desire to encourage tourism and visitors. 2. Conformity and compliance with the overall design theme of the town, the sub -area design recommendations and design guidelines of the Town. There are no proposed changes to the exterior design of the project that will be • required to accommodate short-term rental units on the property 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. The architectural design of the project would remain as it is today. No aspects related to the design compatibility with the immediate environment would be affected with the addition of short term rentals to the list of allowed uses. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. Surrounding residential and commercial uses are compatible with short-term rentals accommodating guests and visitors. The property is directly across Hwy 6 from the Beaver Creek Resort parking lots and shuttle to the resort. Regional and local bus stops near the property also make this Property well- suited for accommodating guests and visitors. 5. Identirication and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. The Brookside PUD is not located near any natural or geologic hazards. 6. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. • 4 • The Property is located along the south side of the Eagle River. The building and site design of the Property are responsive to the sensitive and natural features of the river environment. 7. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. The circulation system is design for both vehicles and pedestrians. A future sidewalk or separated path along Highway 6 and 24 is envisioned in the Transportation Plan. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The Brookside PUD is well- connected with the river environment bordering the north side of the property. 9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. No phasing plan is required for this proposal. 10.Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. • The location of the ECO recreation path and nearby connecting local and regional bus transportation is a benefit to short term rental guests. The ECO path connects to the Town Center with only one road crossing. No additional burden will be experienced for public services such as sewer, water, and schools. There are no additional anticipated impacts generated by this land -use on the property then the current land -use mix. 11. That the existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and In the vicinity of the proposed PUD. The Property has direct access from Hwy 6, which has adequate capacity to accommodate this use. There will be no additional units or density created as a result of this amendment. 12. That the PUD or amendment to PUD requested provides evidence of substantial compliance with the following public purpose provisions, as outlined in Section 17.28.085 of the Avon Municipal Code: A. The application demonstrates a public purpose, which the current zoning entitlements cannot achieve. B. Approval of the zoning application provides long term economic, cultural or social community benefits that are equal to or greater than potential adverse Impacts as a result of the changed zoning rights. 40 5' C. The flexibility afforded in approval of the zoning application will result in • better siting of the development, preserving valued environmental and cultural resources, and increasing the amount of public benefit consistent with the community master plan documents. The Avon Comprehensive Plan supports lodge type development in the town core area, and there is a public purpose inherent with lodge type housing. The current entitlements do not specifically allow short term rentals; however, there is an inherent intent to accommodate these types of uses given that a rental office can be approved by Special Review Use. The location of this property, in close proximity to the entrance of Beaver Creek resort, and walking distance to the Town Center, creates a compatible workable situation with adjacent uses. Recommended Motion Staff recommends APPROVAL of the PUD Amendment to permit short term rentals in the Brookside PUD to the Avon Town Council with the following findings of fact related to the applicable criteria: 1. The subject application is in substantial conformance with the Town of Avon Comprehensive Plan Goals and Objectives (Criterion 1); and, 2. The proposed use and associated activity provide a compatible, efficient and workable relationship with surrounding uses; and, 3. As evidenced by the PUD Development Plan's allowance to establish an "on -site rental office" with a Special Review Use permit, the Short Term Rental • Use has been ongoing since construction of the project; and, 4. The Town desires to permit "Short Term Rentals" in residential /mixed -use areas of the Town Core that are designed as such and where property owners wish to engage in short-term renting of dwelling units; and, 5. The approval of this application and corresponding Ordinance will help to protect and preserve the health, safety, and welfare of the Avon community." Exhibits A: Vicinity Map B: PUD Guide C: Site Plan D: HOA and Homeowner Letters 41 • • Brookside D Exhibit A r�?F•: .a — Residential Streets C2Property Boundaries � a �,� M- WFA 0-0 4. yk�r3i GJdf luT' '{ .VO. rm m.y,w p:m.aa or ur a.mmMr Onekpna O.prxra !n. a a.. m�� Na1/b k.yMlatlpupWamYr A.vn MArOnronn0lMnpL On ACCfR/ a4N OY1 u1WgC IwM CnWOAr Cammur4y GVnaGmn�unnnHn ICA oil Ell 1 9 ifi e� Exhibit B • • A .0 Pun ntflng f alm 0 Ptuvwd UnR Dansmat no Otddo ww omm aD ft govolltog ctptd&Wffs wrdch wf9 cord 27ANOOm.'fd W Lot t. &Agb *W SubOAalan. Known w vw 8wo wW Pak PUD. PUD f3tdaa a tnenaed to uaooffw 0 soft d afo Brootmhb PatA Ptarrtod Ihfd Osrsbptfsro and ow of 1rG Pert : Oelrg2 Aagtdo®orcl' tof lffa PND 0a nfgtiod ep SOCaOn tiZD. t t QI d fYtO tttoder0at Ca ttto Tour Avert 8mofto. Pore PW auganims 0 t" at 46 "Miff um OW 29.000 tmaab* aotldn toad atmD an 4.7 *am of tnrtd w M ata Town of Aron. Epb Ca M. Cobraeo. Dwwwm th0 PW to f>oara+lWtttd bw ft lawn of Aran Omuo ft ptofRaiesa at I" MM Ou". &M MCWn wilhm aq PW fa OWMI A by the appaeaW Taws of Aron oRftmem nAw a A- Imtflllli9lt Rol at fie 8roowft Portz PUD to to pfo►dds► for an afahasoumwv aaogriaad rrind- um ffsa OF l and continefod ioamptmppA epploynot0 ume. dw4sk p wN tlntdsrda mf d ntOts!afofy COMMIL B. p AN Dawns woo m Om PUD OutdB ahaa Ao as damlea n Cr*OW 17.x9 at Vw Tom w Avon Zonft Coop utAm dwfwlso daNnod to M oaeffan of an PUD CAM. C. AUDWnbft "am am ALght . aflabbalw I. t efa b Furap Daroalrq tilers at�ooatg tosMOwef4s. Co lffw+gRns and a wmmft. D. Alietmma mm pAf Bb" - fbtrtalan" &J!" A oontom 28.000 tmaafdo std 1= alas is doaqvwm as amt "on= space. The 10fbs7VlpiwOa ar0 atfowed stalfrtUlOatga dtatgtwto0lor oollalttlCiM On pta BtdOing A F1var FWD teal am Qtwnxx=W wi9dn oft PW DOrebpmm Prof. .. 2. MoftO OutabM 00wo 3. RatmYYNabo u Fiats m SW= and $hm mamo A. Po=&Whdx 3b llar6t7 fwllYiL'slg Stara and Slwweoonm S. Rabowhalmodo Ameal "P mdueta slaRm and Mrnoonn e. Robomemom Mouschsod Aapdwm Pfodael Ste+eo aid 6howtoonw 7 . Aromm Stwm and Shwmacm t . fiadrtaeee AR WOW neyudaq sttreNo poafa arm hot fupt v. wmp- 1. lbtet0 OOt1;lapofw 2 tttlW eat apoditWv GO= as Uso By FV" 3. Cntaeft A. 4n-$M ittntd omm 0. 1. a>jMDf MO EtLadOr woo afZgDafelOtt CaOataaot7 to R9wkmnae9 oad COmwom rd us= sdte! be ebwd 1. • ank" m Drwltr. 45 owednp un" ltadlwl WNW ftft Omo Amer: 29.000 9*60ro Fear • Q 1 lq HwO AO FW • AAinYt w &dkW0Goose+w: FMI.23 Foal Sift- 7.5 foal am- t0fow toob Rw - 30 Foos m dtfina0 In GeM on 17.50.116 d tiw�� Town of Aron ttiudakld Codo_� — 'BtIu" wamec" shoo apply so tale ompo" anal etdy. ogwnsl wwe ail" tom pltto 080/► err for wamottm ow otwwfaxtp 00 not apply. , — �f -r tfmdttsarl SU CGvon : 50% • e k*mn landscaping Arta: 20% • POW* RoNflsrttld: 2avt000amdttWWtOU M 10 0" OSOOa Carove": 4.3 ovoaaa pw l AW aqumo tom d uaoabls tt mam TQACT VV - - --� Pt19UC OPFU SPACF PARKS AND MANAGE � 3.360 AtiMES \ • • • Exhibit D Robert H. Simpson 560 Malley Read Littleton, CO 8012 Recording Secretary Town of Avon P.O. Box 975 Avon, CO 81620 Dear Sir /Madam, re: The Lodge at Brookside This letter is in regard to the public meeting to permit short term rentals of less than 30 days in all units of The Lodge at Brookside. My wife and I are owners of unit 310. We are both vehemently opposed to short term rentals of less than 30 days. When we purchased the property it was listed as a condo complex. It should remain as such. Changing to short term rental of less than 30 days will decrease property values. In addition it will increase repairs and maintenance required to the structure which will have to be paid for by all of the existing owners because of increased traffic and increased usage and damage. Common area maintenance will have to be increased if short term rentals are allowed- once again paid for by all owners. Since we do not rent our unit these increased costs would be immensely unfair. The Lodge at Brookside has existed for ten years as a condo complex and it should remain as such. It should not be changed into a hotel. Once again our vote is NO for short term rentals of Hess than 30 days for The Lodge at Brookside. Sincerely, T �G�\v� -Robert 1-1. Sinipwa ij ti l • • I • MERVIN W. Gd,aH!' M, D.D.S., 1A.5. Member American Association of C�a�tla� -lantasts February 11, 2010 Recording Secretary DECEIVED Town of Avon FED 1 P.O.Box 975 6 2010 A.vcn, CO 81620 Community DevelnamNr, Dear Secretary, I am writing regarding a proposed PUD amendment that would permit "short term rentals" in the Brookside PUD (Lot 2 & 3, Eaglewood Subdivision, 37305 Highway 6 & 24). I am strongly opposed to such a measure. I ob.K:ci to eflt ,Iively turnuig that property into • a hotel. I am fearful that the increased nutn:,t :s will substantially increase maintenance costs apd, devalue the urupertie_ .f i.,.ulvnl al owners. Thin: property was not built with any plan lbr short terrn rrn.tals. s_aa that t:...n the arse, I wuuld not have purchased property there. Very sincerely, Mervin W. Graham Owner Unit #310 • 05/18/2005 16:54 1043720478 NAVARRO LOWREY INL PAGE 81 Brookside Park Master Association 37347 US Highway # 6 Avon, Colorado m20 February 23, 2010 Town of Avon Dear Sirs; Our property is gummed by our Declaration, recorded in 1997. 'Brat Declaration sdlows for short term rentals of our mmnber properties. I can be reached at 704- 905 -0255 if you should have any questions. sincerely, B Master Association rENavanffo, its President • • • • Memo To: Thru: Legal Review: Approved by: From: Date: Re: Honorable Mayor and Town Council Initials Larry Brooks, Town Manager Eric Heil, Town Attorney Sally Vecchio, Asst Town Manager, Com Dev Matt Pielsticker, Planner II January 21, 2010 Ordinance No. 10 -04, Series of 2010 Amending the Brookside PUD To Permit Short Term Rental Units On Lots 2 And 3. Summary: The Brookside HOA submitted an application to amend the Brookside Planned Unit Development ( "PUD ") to permit "Short Term Rentals" as a use by right on Lots 2 and 3 of the development. Following a public hearing on February 16, 2010, the Planning and Zoning Commission made a unanimous recommendation for approval of this application at their March 3, 2010 meeting. Please refer to the attached Planning and Zoning Commission packet information related to • this application for details of the property and proposal. Background: The Town Council adopted a Short Term Rental Overlay Zone District last year to permit such uses for hotel rooms condominium units or other accommodation units in specific areas of town that were adjacent to the town core and residential in nature. PUD zoned properties were not included in the overlay district and instead must apply for PUD amendment to include short term rentals as a permitted use in the development. This application is in conformance with the review criteria for PUD amendments and the intent of the Short Term Rental Overlay District by concentrating accommodation units in residential areas of the town core. Recommendation: Staff recommends the Council approve Ordinance No. 10 -04, Series of 2010, citing the findings contained herein which support amending the Brookside PUD to add "Short Term Rentals" as a use by right. Proposed Motion: "I move to Approve Ordinance No. 10 -04, Series of 2010 Amending the Brookside PUD to permit short term rental units on Lots 2 and 3." Town Manager Comments: Q TOWN OF AVON, COLORADO is ORDINANCE 10 -04 SERIES of 2010 AN ORDINANCE APPOVING AN AMENDMENT TO THE BROOKSIDE PUD, LOTS 2 & 3, EAGLEWOOD SUBDIVISION, TO ALLOW SHORT TERM RENTAL USE WHEREAS, the Town of Avon approved a Rezoning from RHDC to PUD for Lots 2 & 3, Eaglewood Subdivision, by Ordinance No. 96 -8 which included the Development Plan that described the allowed residential uses as "Multiple Family Dwelling Units including townhomes, condominiums and apartments;" WHEREAS, the Town of Avon does not permit short term rental use as an accessory use to residential property pursuant to the Town of Avon Municipal Code ( "AMC "); WHEREAS, Vicki Eastman, with the permission of and on behalf of the Lodge at Brookside Association, has applied for a Planned Unit Development ( "PUD ") Amendment, pursuant to Section 17.20.110 of the Avon Municipal Code; WHEREAS, the Planning & Zoning Commission of the Town of Avon held public hearings on February 16, 2010, and March 3, 2010, after 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 and make • a recommendation of approval to the Town Council; WHEREAS, Policy C.1.3 of the Town of Avon Comprehensive Plan states, "Focus lodging and guest accommodation in the Town Center Districts to take advantage of the proximity to retail, commercial and other community services "; WHEREAS, the Town approved Ordinance 09 -12, to permit Short Term Rental uses as defined by Section 3.28.020 for Hotel room, condominium unit, or other accommodation of the Avon Municipal Code, in areas of the town core that are residential in nature; and, WHEREAS, the Town Council of the Town of Avon held a public hearing on March 23, 2010, after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Brookside PUD amendment application; WHEREAS, pursuant to Title 17.20.110(h) of the AMC, the Town Council finds this application is in substantial compliance with the applicable review criteria; WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law and the AMC by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the • Ord No. 10 -04 If • Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following: SECTION 1. AMENDMENT TO BROOKSIDE PUD. The Brookside Park Planned Unit Development, Eaglewood Subdivision, is hereby amended to include Short Term Rental as an allowed use, as defined by Chapter 17.20.140 of the Avon Municipal Code, as may be amended or re- codified from time to time. SECTION 2. CORRECTION OF ERRORS. Town Staff is authorized to correct any typographical, grammatical, cross - reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. SECTION 3. SEVERABILITY. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, is subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. • SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. SECTION 5. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. SECTION 6. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. Page 2 of 3 Ord No. 10 -04 [signature page follows] INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED: the 9th day of March, 2010, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 26th day of March, 2010, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: Eric Heil, Town Attorney Q • INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND • ORDERED PUBLISHED BY POSTING on the 26th day of March, 2010. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Page 3 of 3 Ord No. 10 -04 • • Staff Report PUD Amendment March 2, 2010 Planning & Zoning Commission Meeting Report Date February 26, 2010 Project Type Planned Unit Development (PUD) Amendment Legal Description Lots 2 and 3, Eaglewood Subdivision Prepared By Matt Pielsticker, Planner II ­C� Summary The applicant, Vicki Eastman, on behalf of the Lodge at Brookside Homeowners Association has applied for a Planned Unit Development ( "PUD ") Amendment to allow Short Term Rentals as a use on Lots 2 and 3 of the Brookside PUD. A "Short Term Rental" is defined as "rental of property for a total continuous duration of less than thirty one (31) days." The Planning Commission held a public hearing on the application on February 16, 2010. After review of the application and hearing from the applicant the Commission tabled the application and directed staff to clarify the findings and compliance with the review criteria. Staff therefore recommends approval of this application to allow short-term rentals as a use in the Brookside PUD. • Process Short Term Rentals are regulated pursuant to Sec 17.20.140 of the Zoning Ordinance. PUDs that are not included in the Short Term Rental Overlay District and do not already include short term rentals as a permitted use must apply for a PUD amendment. PUD amendments are adopted by Council Ordinance. The review process requires a hearing and recommendation by the Commission followed by a second public hearing before the Council. The Brookside HOA Board of Directors, which controls the condominium and townhome buildings on Lot 2 and Lot 3, voted to approve this application to amend the Brookside PUD to allow short-term rentals in both buildings. The Town has received two letters from Brookside Lodge property- owners opposing the application and a letter of support from the master association president, Frank Navarro. All documents are included in Exhibit D of this memorandum. Property Description The Brookside PUD was approved in 1996 as a mixed -use project on approximately 4.7 acres. The development is comprised of three buildings on three separate lots along with common open space and amenities including an outdoor swimming pool and hot tub (the Property). The Property is accessed from one shared driveway on Hwy 6 west of W. Beaver Creek Blvd. The Property is developed in a linear fashion along Hwy 6. • Lot 1 is located on the east side of the Property and includes a 29,500 sf office building with 63 surface and 37 stuructured parking spaces. Lot 2 in the middle of the property is e 2 developed with a 40 unit residential condominium known as Brookside Lodge. This building • includes an underground parking garage with 48 spaces and 56 surface parking spaces. Lot 3 is situated on the west side of the Property, and was developed with a 14 unit townhouse building. Each townhome includes a 1 car garage, and shares some of the surface parking spaces for overflow /guest parking with Lot 2 adjacent to Highway 6 and 24. A site plan of the Property is attached as Exhibit B. The Property is bordered on the north and west by the ECO river recreation path and the Eagle River. The Sunridge Phase 11 residential condominiums border the eastern property line and Highway 6 borders the entire southern property line. Across Highway 6 and 24 is the Bear parking lot for Beaver Creek Resort Policy Analysis The intent of the Short Term Rental Overlay (STRO) District regulations is to permit "Short Term Rental uses for hotel room, condominium unit, or other accommodation in areas of the town core that are residential in nature." Permitting short term rentals at Brookside is consistent with the intent of the STRO regulations. Brookside PUD is a mixed -use development which includes a residential component and amenities; and the Property is located in close proximity to town center amenities and both local and regional transportation services. Planning Analysis The applicant is requesting that short term rentals be permitted as a use in the two • residential buildings located on the Property. The Brookside PUD contemplated such a use, as evidenced by the fact that the permitted uses include a rental office in the Brookside Lodge building. The HOA covenants permit short term rentals and many of the home owners have regularly rented their units out for short term accommodations since the project was constructed. Parking on the site can accommodate short-term rentals in Buildings 2 and 3. Parking for the residential portions of the project is provided at a rate of 2 spaces per unit. Short-term rentals are typically parked at a rate of between 1.2 to 1.5 spaces per accommodation unit. The location of the Property and close proximity to Town Center, Beaver Creek Resort and Hwy 6 make it suitable for tourist and guest accommodations. All vehicles entering the property share an entrance off Highway 6 & 24, and once on the site, vehicles either bear right towards the commercial building and underground parking, or left towards the residential portions of the property. The regional ECO bus stop is located approximately one quarter mile from the entrance to the site. The circulation system for both vehicles and pedestrians is well developed and functional on site with direct pedestrian connections provided to the river path. The Transportation Plan envisions sidewalks or separate paved trails along Highway 6 & 24 in the future. A direct pedestrian connection adjacent to Highway 6 to the intersection with West Beaver Creek Boulevard will help connect pedestrians and guests to the • 3 • project. In the meantime, there is sufficient access to the bus stops by walking the ECO recreation path towards West Beaver Creek Boulevard. Engineering Analysis The application does not require any modifications to the Property that would require engineering design. Design Review The application does not require any modifications to the Property or the buildings that would require design review. Findings The proposed PUD Amendment to allow Short Term Rentals at the Brookside Lodge and Townhomes is consistent with the review criteria set forth in Section 17.20.110 of the Zoning Code as follows: 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. The PUD amendment would allow short term rentals on the property, which is consistent with Avon's desire to encourage tourism and visitors. 2. Conformity and compliance with the overall design theme of the town, the sub -area design recommendations and design guidelines of the Town. • There are no proposed changes to the exterior design of the project that will be required to accommodate short-term rental units on the property 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. The architectural design of the project would remain as it is today. No aspects related to the design compatibility with the immediate environment would be affected with the addition of short term rentals to the list of allowed uses. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. Surrounding residential and commercial uses are compatible with short-term rentals accommodating guests and visitors. The property is directly across Hwy 6 from the Beaver Creek Resort parking lots and shuttle to the resort. Regional and local bus stops near the property also make this Property well- suited for accommodating guests and visitors. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. The Brookside PUD is not located near any natural or geologic hazards. 6. Site plan, building design and location and open space provisions designed to • produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. It 4 The Property is located along the south side of the Eagle River. The building and site design of the Property are responsive to the sensitive and natural features of the • river environment. 7. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. The circulation system is design for both vehicles and pedestrians. A future sidewalk or separated path along Highway 6 and 24 is envisioned in the Transportation Plan. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The Brookside PUD is well- connected with the river environment bordering the north side of the property. 9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. No phasing plan is required for this proposal. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. The location of the ECO recreation path and nearby connecting local and regional • bus transportation is a benefit to short term rental guests. The ECO path connects to the Town Center with only one road crossing. No additional burden will be experienced for public services such as sewer, water, and schools. There are no additional anticipated impacts generated by this land -use on the property then the current land -use mix. 11. That the existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. The Property has direct access from Hwy 6, which has adequate capacity to accommodate this use. There will be no additional units or density created as a result of this amendment. 12. That the PUD or amendment to PUD requested provides evidence of substantial compliance with the following public purpose provisions, as outlined in Section 17.28.085 of the Avon Municipal Code: A. The application demonstrates a public purpose, which the current zoning entitlements cannot achieve. B. Approval of the zoning application provides long term economic, cultural or social community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights. • • C. The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and cultural resources, and increasing the amount of public benefit consistent with the community master plan documents. The Avon Comprehensive Plan supports lodge type development in the town core area, and there is a public purpose inherent with lodge type housing. The current entitlements do not specifically allow short term rentals; however, there is an inherent intent to accommodate these types of uses given that a rental office can be approved by Special Review Use. The location of this property, in close proximity to the entrance of Beaver Creek resort, and walking distance to the Town Center, creates a compatible workable situation with adjacent uses. Recommended Motion Staff recommends APPROVAL of the PUD Amendment to permit short term rentals in the Brookside PUD to the Avon Town Council with the following findings of fact related to the applicable criteria: 1. The subject application is in substantial conformance with the Town of Avon Comprehensive Plan Goals and Objectives (Criterion 1); and, 2. The proposed use and associated activity provide a compatible, efficient and workable relationship with surrounding uses; and, • 3. As evidenced by the PUD Development Plan's allowance to establish an "on -site rental office" with a Special Review Use permit, the Short Term Rental Use has been ongoing since construction of the project; and, 4. The Town desires to permit "Short Term Rentals" in residential /mixed -use areas of the Town Core that are designed as such and where property owners wish to engage in short-term renting of dwelling units; and, 5. The approval of this application and corresponding Ordinance will help to protect and preserve the health, safety, and welfare of the Avon community." Exhibits A: Vicinity Map B: PUD Guide C: Site Plan D: HOA and Homeowner Letters • — Residential Streets Property Boundaries i Tm nup me produced by the wmm�mq Dweropmenl DepeNnen( Ute of IIN% i-p eMiAl be ror yorngl piapGin only:.TOrm of Aron 000� nul rmm�i Ina sccreec7 of IM tl4. wniacro her: n Cleo by Commurety GliNOynuN Depanmlrt I • • • WI Jill 0 f� ; erg< G• I _„ V, �S I ' i l•, , F I�IIII ` �1 Exhibit B A .q .q i! In- • • • fo0owino Plumed Unit DWARWrrwnt Gdda Mnlf sows as the gwentrtp ta"Illions uNkh vwll conlyd ttwvetppnt-OY CA Lot 1. faginwood SsadMWM. krlowrt as the Brookskle Peek PUG. TW OW 04 is nnsrtt/ed to beemne a pet of the brootaide Pads P►am%sd Unit oev kWwt and serve as tt llff : Ohatna Alequltliorn' ror the PUG W requited by Section 17.20.110.1 of the Munk" Code of the tarn Aron. Perk KM autho*+ws a total of 46 dwa trip units end 29.000 useabta square two of SAM on 4.7 sates of tend witfttn 1110 Town of Awn. Eagle, County, Colonatto. Development ttu PUD b adwwvstww by "a Town of Avon 0WOu0h Nw Aroma eru d Mis PUD Quids. Btdldnlg ntebon within Me PUG to governed by the eppYcaft Town of Avon oroinenees. ruts* and U tions. A. lftltl Men The tetentweh d the W00kMWs Pant PUD is to provide for an arohmecturally wdegrawd rrbad- utte too der tiel end convvistdoi campus wnh appropme uaw, developrlherN st mderas and regtat" contras. Q. AN W' used m ffm PUD Gulde shall boas dettned in Chager 17.oa 01 the Town d Avon Zoning Coos unless odherwise defkud in this section d the PUD Guido. C. Allmoble Maw far ilfw. . Aeshilm i t. Mubpe* Femdy ll)"" Uttlfa mo o g townlhOhne *. oOehdOrnmillirh6 end apertnhereta_ D. AlletwMe Mass BY MMe - � BuYdaq A eontaets 2a.00D wasftee agtatre fast dear R dasrynaoed as oommsrctat $pace. The 11011100FM Maas as abwed Willits s Ace WM d"01111e0 tot eoMM@Miei on pre Bvlpinq A Fklm Pierre Vw are rtoapor mpg d within Ihls PUD Devem p"Ord Plan: I. ProUnbnai Oftimill, WON Daalgn alUOIOs 2. Moftsi Ou%SbM Offipe 3. FICION hols"a Fustiturs Slorsa and ShWAYMme 4. RaledlNll>desele I im Fuenisltkp Stores and Show 5. ROUNVGhdossile Argfllselsol Pmducls Mom one showroorns 8. ReeNYWhOUNWO Moueahold APPYence PMduet Stores and ShOwroOrtts 7. Anagtte Stoma ar d Showrootm 1. PAC* bon Atha ibM IncltaftrhQ sw mlr ing pods and hOt tuba i . flats♦ vtrca NVO 2. Adel Shores nM apecNlcaiIV Bated as Use By Riot ]. Church 4. On.-Sde RantM Official a. Seersaerr ekes 1. usDww wo Extodw tares atssontaitty woosawy to Rwidsnuef and Coniffor i10 uses ores be aflOwed N. • Menhym 1 DMMOy: 4b Gav" Units • Mexhalm Lliw" ConVhenasl Area: 29.000 Swam Feet • Biuk" Math! 60 Feet • MtrtMlMlnl &MNh0 satbecks: Front • 25 Feet Stria. 7.5 Feet Rest- 1 O Fwt fagb River - 30 Feet as defined in Section 17.50.110 of tite�� Town of Avon htmkipat Coda Vullidlnp setbacks WU N apply to else meter popery lfnea only. internal liras Oreefeci for plffaa111OpaWfelliOtl Of (0r kld ww" unit ownereMp shelf ntSt B*Y. -f Ma irra n Sits Covarega: 50% • 6 WmLvn landecapirp Arse: 20% • PatMn� Raeideftd: 2 spaces pct dwsHM unit 10 gust spaces C MMOMe . 4.3 epaaes per 1,000 equate tea or Meeabie fbor ante TRACT VV - - PURM OPI'M SPACT --� PARKS AND ORASCACE 3.360 ACRE'S \ Exhibit D Robert H. Simpson 560 Valley Road Littleton, CO 8012 Recording Secretary Town of Avon P.O. Box 975 Avon, CO 81620 Dear Sir /Madam, re: The Lodge at Brookside This letter is in regard to the public meeting to permit short term rentals of less than 30 days in all units of The Lodge at Brookside. My wife and I are owners of unit 310. We are both vehemently opposed to short term rentals of less than 30 days. When we purchased the property it was listed as a condo complex. It should remain as such. Changing to short terns rental of less than 30 days will decrease property values. In addition it will increase repairs and maintenance required to the • structure which will have to be paid for by all of the existing owners because of increased traffic and increased usage and damage. Common area maintenance will have to be increased if short term rentals are allowed- once again paid for by all owners. Since we do not rent our unit these increased costs would be immensely unfair. The Lodge at Brookside has existed for ten years as a condo complex and it should remain as such. It should not be changed into a hotel. Once again our vote is NO for short term rentals of less than 30 days for The Lodge at Brookside. 'D Sincerely, _ 0 4t 00 Sally M. sh -1,1e �scon, • February 11, 2010 Recording Secretary Town of Avon P.O.Box 975 Avon. CO 81620 Dear Secretary, &tembei American Association +�oa•��iaoa��oot6s�ts RECE D FEB �62010 Community Dave err I am writing regarding a proposed PUD amendment that would permit "short term rentals" in the Brookside PUD'(Lot 2 & 3, Eaglewood Subdivision, 37305 Highway 6 & 24). I am strongly opposed to such a measure. 1 ob.lr:r_t to efliec.:tively turning that property into a hotel. I ant fearful that the increased n- urn'?e.s t-X gent ,�rs substaiidally increase maintenance costs and devalue the uropeutie ! owners. T'!.►i- property was not built with any plan for short terns rerdalls. i lau thai tht case, l would not have purchased property there. Very sincerely, Mervin W. Graham Owner Unit #310 0 • is • • • 05/18/2005 16:54• 1043720478 NAVARRO LOWREY ING PAGE 01 Brookside Park Master Association 37347 US Highway # 6 Avon, Colorado 81620 February 23, 2010 Town of Avon Dear Sire; Our property is governed by our Declaration, recorded in 1997. That Declaration allows for short term rentals of our member properties. I can be reached at 704- 905 -0255 if you should have any questions. Sincerely, B ksi Master Association o E. Navarro, its President