TC Res. No. 1983-24RESOLUTION NO. 83-24
SERIES OF 1983
a
A RESOLUTION GRANTING A
DENSITY TRANSFER OF 14 UNITS
FROM LOT 67-68, BLOCK 2, BENCHMARK SUBDIVISION TO
LOTS 29-32, BLOCK 2, BENCHMARK SUBDIVISION
WHEREAS, Sunroad Group, Ltd., has requested that they be
allowed to transfer the development rights for 14 condominium units
from Lots 67-68, to Lots 29-32, all in Block 2, Benchmark Subdivision;
and
WHEREAS, the Design Review Board has determined that the
transfer:
(1) complies with all requirements imposed by the Zoning
Code,
(2) is consistent with the objectives and purposes of
this Zoning Code and the applicable zoning district,
(3) will be compatible with surrounding land uses and uses
in the area,
and therefore, recommends approval; now therefore,
BE IT RESOLVED, that the Town Council hereby approves the
transfer subject to the following:
(1) That a.statement be submitted by Dillon Real Estate
Company, Inc., indicating that they are willing to
transfer their units to Lots 29-32, Block 2, Benchmark
Subdivision. The statement shall be submitted prior to
consideration by the Town Council.
(2) It is understood that the 14 units are presently under
option and may or may not actually be purchased. The
petitioner shall notify the Town as to the final status
of the option within 7 days after is is exercised or
determined not to exercise it.
Page Two
Resolution No. 83-24
(3) If no notice is received by May 10, 1985, indicating
the option is exercised, or if the units are built
elsewhere, then the approval of this transfer shall
be considered null and void.
(4) That the density on any one lot shall not exceed 25
condominium or 75 hotel-lodge units/per acre.
ADOPTED this 26th day of July , 1983.
TOWN COUNCIL
TOWN OF AVON
By
Sheila R. Davis, Pro-Tem
ATTEST:
Jenny--L. Bell, Deputy Town Clerk
May 2, 1983
Design Review Board Report to the Town Council
Special Review Use - Density Transfer - 14 Units
Lot 67-68, Block 2, to Lots 29-32, Block 2, Benchmark Subdivision
This is to certify that the Design Review Board has reviewed the
request of Dennis Cole representing Sunroad Group, Ltd., that they
be allowed to transfer 14 dwelling units from Lots 67-68, Block 2,
Benchmark Subdivision to Lots 29-32, Block 2, Benchmark Subdivision.
The proposed transfer would occur totally within the original
Benchmark at Beaver Creek Subdivision and therefore would not change
the previously approved density for the area. Lots 29-32, Block 2,
are presently zoned RHDC. As such, the 14 condominium units may be
converted to a maximum of 42 hotel-lodge units by the developer.
The RHDC district allows a 3:1 ratio - 1 dwelling unit = 3 hotel-
lodge units for density purposes.
The Design Review Board recommended that this request be approved
subject to the following:
(1) That a statement be submitted by Dillon Real Estate Company, Inc.,
indicating that they are willing to transfer their units to,Lots
29-32, Block 2, Benchmark Subdivision.- The statement shall be
submitted prior to consideration by the Town Council.
(2) It is understood that the 14 units are presently under option
and may or may not actually be purchased. The petitioner shall
notify the Town as to the final status of the option within 7
days after it is exercised or determined not to exercise it.
(3) If no notice is received by May 10, 1985, indicating the option
is exercised, or if the units are built elsewhere, then the approv-
al of this transfer shall be considered null and void.
(4) That the density on any one lot shall not exceed 25 condominium
or 75 hotel-lodge units/per acre.
Respectfully Submitted,'
Richard Kvach
Planning Director
RK/rf
• 41
called for a vdte on t main motion.
Larry Kumpost, Greg Gab Al Connell
motion was unanimously carried.
Those Councl
and Don Buick.
Th were no nay votes.
The
Al Connell moved to receive the audit report for 1982 and also to receive the
Management letter from the auditor and that the town administration follow through to
complete the recommendations. The motion was seconded by Don Buick and was unanimously
carried by the Council.
Resolution No.#83-24, Series of 1983, was next presented to the Council. This was a
Resolution granting a density transfer of 14 units from Lots No.#67-68, Block #2,
Benchmark Subdivision.
Dennis Cole approached the Council. Mr. Cole is the attorney for Sunroad Group, Ltd. He
stated that there was a public hearing on this matter which was held at the last meeting
of the DRB. He stated Sunroad Group, Ltd., has entered into an agreement with
Dillon Real Estate-Company or City Market, the owner of Lots No.#67-68, Block #2,
Benchmark Subdivision. Those lots are currently assigned a development right, density of
14 dwelling units. The proposed transfer would occur totally within the original
Benchmark at Beaver Creek Subdivision and therefore would not.bhange the previously
approved density for the area. Lots No.#29-32, Block #2, are presently zoned RHDC. The
14 condominium units may be converted to a maximum of 42 hotel-lodge units by the
developer. The RHDC district allows a 3',1 ratio - 1 dwelling unit = 3 hotel-lodge units
for density purposes. The Design Review Board recommended that this request be
approved subject to the following:
1) That a statement be submitted by Dillon Real Estate Company, Inc., indicating
that they are willing to transfer their units to lots No.#29-32, Block #2,
Benchmark Subdivision. The statement shall be submitted prior to consideration
by the Town Council.
2) It is understood that the 14 units are presently under option and may or may
not actually be purchased. The petitioner shall notify the Town as to the
final status of the option within 7 days after it is exercised or determined
not to exercise it.
3) If no notice is received by May 10, 1985, indicating the option is exercised,
or if the units are built elsewhere, then the approval of this transfer shall
be considered null and void.
4) That the density on any one lot shall not exceed 25 condominiums or 75 hotel-
lodge units/per acre.
Mr. Cole then reviewed the Resolution with the Council.
Mr. Cole stated that the 14 units that are being transferred are not being
specifically assigned to the four lots. He stated that at the time they begin
construction or in the event there would be a sale of one of those lots, they would
then specifically assign those 14 units to specfic lots. The transferring of units by
resolution or ordinance was discussed. The Town Attorney stated that the density units
are.'a matter of private convenant and the town does require that when they are
transferred that the same be done by Special Review, therefore, a resolution should be
adopted. Councilman Buick asked if the transfer tax was exempted from the transfer of
development rights.
The Town Attorney stated that the ordinance provides for consideration which includes
any part of cash paid or value of property delivered attributal to density units
transferred as part of the sale or other transfer of the property whether such transfer
of density units is accomplished by the same or a separate document.
A lengthy discussion followdd:
Councilman Kumpost asked if there was any documentation from the site that is selling the
units verifying that they have no longer the rights to those 14 units.
Mr. Kvach stated that there was such a document, but as yet the letter from City Market
has not been received. After discussion Don Buick moved approval of Resolution No.#83-24,
Series of 1983, subject to the receipt of the letter from City Market. The motion was
seconded by Greg Gage and was unanimously carried.
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