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TC Res. No. 1985-33• RESOLUTION NO. 85-33 SERIES OF 1985 A RESOLUTION GRANTING A SPECIAL REVIEW USE FOR THE TRANSFER OF ONE RESIDENTIAL DEVELOPMENT RIGHT FROM BENCHMARK AT BEAVER CREEK UNASSIGNED UNIT POOL TO UNIT 401, BUCK CREEK PLAZA CONDOMINIUMS, LOT 72, BLOCK 2, BENCHMARK AT BEAVER CREEK. WHEREAS, Benchmark at Beaver Creek, a Colorado Limited Partnership, has requested a Special Review Use for the transfer of one residential Development Right from Benchmark at Beaver Creek Unassigned Unit Pool to Unit 401, Buck Creek Plaza Condomin- iums, Lot 72, Block 2, Benchmark at Beaver Creek; and WHEREAS, the Planning and Zoning Commission has held a public hearing and has determined that the proposed use: 1. Otherwise complies with all requirements imposed by the Zoning Code; and 2. is consistent with the objectives and purposes of the Zoning Districts; and 3. is deemed compatible with the surrounding land use and uses in the area; and WHEREAS, following public hearing and such determinations, the Planning and Zoning Commission has recommended approval of the requested Special Review Use for transfer of one residential Develop- ment Right from Benchmark at Beaver Creek Unassigned Unit Pool to Unit 401, Buck Creek Plaza Condominiums, Lot 72, Block 2, Benchmark at Beaver Creek, Town of Avon, State of Colorado. NOW, THEREFORE, BE IT RESOLVED, that the Town Council hereby concurs with the determinations of the Planning and Zoning Commission, and hereby approves the Special Review Use request for • • transfer of one Residential Development Right from Benchmark at Beaver Creek Unassigned Unit Pool to Unit 401, Buck Creek Plaza Condominiums, Lot 72, Block 2, Benchmark at Beaver Creek, Town of Avon, State of Colorado. ADOPTED AND PASSED, this 8th ATTEST: ;Lt~ C l ~;L P't l,- P tricia J. Doyl Town Clerk day of October , 1985. TOWN OF AVON, COLORADO She' a R. Davis`, Mayor Pro Tem -2- September 19, 1985 Hand Delivered Town of Avon Planning and Zoning Commission P. 0. Box 975 Avon, Colorado 81620 RE: Application for special review approval at the October 1, 1985 Planning and Zoning Commission regular meeting of a density transfer of 1 residential development right from the unassigned unit pool of Benchmark at Beaver Creek Subdivision to Unit 401, Buck Creek Plaza Condominiums Gentlemen: Please accept this letter as an application for the above-referenced action, pursuant to Code Section 17.20.170, by Benchmark at Beaver Creek, a Colorado limited partnership, owner of Unit 401 at Buck Creek Plaza Condominiums. Unit 401 at Buck Creek Plaza is presently a Commercial Condominium in the multi-use building at 110 E. Beaver Creek Boulevard. This condominium is. the only commercial unit on the third floor of the building and is surrounded by residential condominium unit. Because of its isolated location in the building and because the space is located on the "residential" floor, it has little or no value as commercial space, especially since it apparently cannot be rented or sold for such use as indicated by no results relating thereto for the last three years. We are requesting the transfer so that we can change the use of the space into a residential cond aninium. Attached for your information and review are the following required items: 1. An application fee of $50.00. 2. List of names and addresses of property owners within 300 feet of the proposed use, and a list of owners of condominium units within the building. 3. Notices of public hearing for the owners listed in item 2. above (to be mailed out by the town staff). If you have any questions concerning our application or request for density transfer, please do not hesitate to contact me. LR:no cc: A. J. Wells i tted, ~Resfectfully ro //-J. aRodgrecutive Assf3 Plamir,j G:pzrtmeO \ r BENchmARk t J Te : i cf Avrl S EP 1 9 1985 Boot 5070, awr,, C WDkM s'do SIG= MMMO MM3 ®49-5743 • i STAFF REPORT TO PLANNING & ZONING COMMISSION - 10/1/85 Lot 72, Block 2, Benchmark at Beaver Creek Buck Creek Plaza Condominiums Special Review Use - (Transfer of Residential' Development Right from Unassigned Unit Pool) Public Hearing INTRODUCTION: This application is for a Special Review Use to transfer one Residential Develop- ment Right from the Benchmark at Beaver Creek unassigned unit pool to commercial condominium Unit 401 of Buck Creek Plaza Condominiums. Unit 401 has a total floor area of 1,122 square feet. As office space, Unit 401 would have a parking require- ment of 4, spaces. As a residential unit, parking requirements would be 2 spaces. Buck Creek Plaza Condominiums is located in the SC (Shopping Center) Zone District. Allowed uses in the SC Zone District includes apartments and condominium units with an average allowable density of 2 units per acre. Town records indicate the average density in the SC Zone District would be 1.66 units per acre with the transfer of this Development Right. Town records indicate the Benchmark at Beaver Creek unassigned unit pool currently contains 5 Residential Development Rights. With this transfer, the unassigned unit pool would contain 4 Residential Development Rights, and Buck Creek Plaza Condominiums (Lot 72, Block 2, Benchmark at Beaver Creek) would have an assigned density of 7 Residential Development Rights. STAFF COMMENTS: The proposed density transfer appears to conform with zoning regulations. The conversion of the proposed unit from office space to a residential unit would reduce parking requirements for the project. One of the Goals for Development District One is to "Permit the inclusion of lodging or residential uses within commercial development, RECOMMENDED PROCEDURE: A. Introduce application; B. Presentation by applicant; C. Public Hearing; D. Planning and Zoning Commission review and Comment; 1. Determinations: a. Does the proposed use otherwise comply with all requirements imposed by the Zoning Code? 0 0 Staff Report to Planning & Zoning Commission - 10/1/85 Lot 72, Block 2, Benchmark at Beaver Creek Buck Creek Plaza Condominiums Special Review Use - (Transfer of Residential Development Right from Unassigned Unit Pool) Public Hearing Page 2 of 3 b. Is the proposed use consistent with the objectives and purposes of the Zoning Code and applicable zoning district? c. Is the proposed use designed to be compatible with surrounding land uses and uses in the area? 2. Considerations: a. The adequacy of access to the site with respect to the width of the adjacent streets, their grades, intersection safety, visibility and entrance into the lot to be developed; b. Whether there exists safe access and sufficient water pressure to provide fire protection; c. The extent water pressure in the area and the'ability of the water system to supply domestic needs; d. Whether there will be provided sufficient off-street parking as determined by (1) the intended use of the property, (2) walking distance to the downtown area, and (3) the availability of public transportation; e. The impact of the development considering the potential for stream and air pollution, the availability of public transportation and other public or private services, and any other factors affecting the overall development and the surrounding areas, including but not limited to building height, view plane, drainage, and other physical and aesthetical features; F. Planning and Zoning Commission action. Respectfully Submitted, orm 4Wood Director of Engineering and Community Development Staff Report to Planning & Zoning Commission - 10/1/85' Lot 72, Block 2, Benchmark at Beaver Creek Buck Creek Plaza Condominiums Special Review Use - (Transfer of Residential' j Development Right from Unassigned Unit Pool) Public Hearing Page 3 of 3 Planning & Zoning Action: Approved as Submitted (X) Approved with Recommended Conditions ( ) Approved with Modified Conditions ( ) Continued ( ) Denied ( ) Withdrawn Date Cuny, Secretary RECOMMENDED COUNCIL ACTION: NW/mml