TC Res. No. 1986-29RESOLUTION NO. 86-29
SERIES OF 1986
A RESOLUTION GRANTING A.SPECIAL REVIEW USE FOR THE TRANSFER OF
EIGHT RESIDENTIAL DEVELOPMENT RIGHTS FROM BENCHMARK AT BEAVER CREEK
UNASSIGNED UNIT POOL TO LOT 12, BLOCK 2, BENCHMARK AT BEAVER.CREEK
WHEREAS, Stratford on Avon, a Colorado Partnership, has
requested a Special Review Use for the transfer of eight Residential
Development Rights from Benchmark at Beaver Creek Unassigned Unit
Pool to Lot 12, 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 District; 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 eight Residential
Development Rights from Benchmark at Beaver Creek Unassigned Unit
Pool to Lot 12, 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,eight Residential Development Rights from Benchmark at
Beaver Creek Unassigned Unit Pool to Lot 12,'.Block 2, Benchmark at
Beaver Creek', Town of Avon, State of Colorado.
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This will result in the following Residential Development
Right assignment:
Unassigned Unit Pool 0 Development Rights
Lot 12, Block 2, Benchmark at Beaver Creek 12 Development Rights
ADOPTED AND PASSED, THIS 9th DAY OF December , 1986.
3ehen AVON, COLD O
Mil er, Mayor Pro Tem
AT TES' T:
ar a s R. os p, e y own CTF~r
-2-
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MEMO
TO: Bill James, Town Manager
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FROM: Norm Wood, Director of Engineering and Community Development
DATE: December 3, 1986
RE: Resolution No. 86-29
Transfer of Development Rights
Stratford on Avon, a Colorado Partnership, has requested Special Review Use
approval for the transfer of eight Residential Development Rights from the
Unassigned Unit Pool to Lot 12, Block 2, Benchmark at Beaver Creek.
Lot 12 was originally platted with 12 Residential Development Rights. Town
records indicate that subsequent transfers have reduced the assigned density
to 4 Residential Development Rights. Approval of the requested Special
Review Use will restore the original density of 12 Residential Development
Rights to Lot 12 and remove all Development Rights from the Unassigned Unit
Pool.
The Planning and Zoning Commission has held a Public Hearing regarding the
Special Review Use. Following the Public Hearing, the Commission adopted
Resolution 86-5 approving the Special Review Use for the transfer of 8
Residential Development Rights from the Unassigned Unit Pool to Lot 12,
Block 2, Benchmark at Beaver Creek. Resolution 86-5 also recommended Town
Council approval of the Special Use request for the transfer.
RECOMMENDED ACTION:
1. Approve Resolution 86-29.
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Mr. Norman Wood
Town of Avon
P. 0. Box 975
Avon, CO 81620
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December 3, 1986
RE: Lot 12, Block 2, Benchmark at Beaver Creek Subdivision
Special Review.use for the transfer of-eight unassigned
Residential Development Rights from Benchmark at Beaver
Creek unassigned unit pool to Lot 12, Block 2, Benchmark
at Beaver Creek
Dear Mr. Wood:
Please accept this letter as written permission from Benchmark at
Beaver'Creek, a Colorado limited partnership,,to transfer eight.(8)
unassigned Residential Development Rights from Benchmark at Beaver
Creek unassigned unit pool to Lot 12, Block 2, Benchmark at Beaver
Creek Subdivision.
If you_ have any questions of us or need further information regarding
this transfer, please do not hesitate to contact me.
4 er ely,
0
Linda Rodgers
Agent
LR:no
cc: A. J. Wells
Allan R. Nottingham
BmChMARk
n ~7 Gaon
- 4 sJ~~
Boot 5070, Avon, Colorado 81620 Phom CMM)G W-5743
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STAFF REPORT TO PLANNING & ZONING COMMISSION - 12/2/86
Lot 12, Block 2, Benchmark at Beaver Creek
Special Review Use (Transfer of Residential
Development Rights from Unassigned Unit Pool)
Public Hearing - Continued from 11/6/86 Regular Meeting
INTRODUCTION:
This application is for approval of a Special Review Use to transfer eight (8)
Residential Development Rights from the Benchmark at Beaver Creek Unassigned
Unit Pool to Lot 12, Block-2, Benchmark at Beaver Creek Subdivision. Lot 12
is located along West Beaver Creek Boulevard, between Buck Creek Condominiums
(Lot 13) and Alpenflora Condominiums (Lot 11).
Town records indicate that the Benchmark at Beaver Creek Unassigned Unit Pool
currently contains 8 Residential Development Rights. With this transfer, the
Unassigned Unit Pool would have no remaining Development Rights.
Lot 12, Block 2, Benchmark at Beaver Creek was originally platted with 12
Residential Development Rights. Town records indicate that in June, 1979, 4
Residential Development Rights were transfered from Lot 12, Block 2, to Lot 7,
Block 1, Benchmark at Beaver Creek; which is currently Balas West Townhouses.
Also, In January, 1980, another 4 Residential Development Rights were transfered
from Lot 12, Block 2, to the Unassigned Unit Pool, leaving Lot 12, Block 2,
with an assigned density of 4 Residential Development Rights.
Lot 12 is located in the RHLD Zone District which allows an average of 20
units/acre. The transfer of 8 Residential Development Rights to Lot 12
would result in a density equivalent to the original 12 Development Rights
or 17.4 units/acre.
STAFF COMMENTS:
This item was continued from previous meetings so that Staff could verify the
number of units left in the Benchmark at Beaver Creek Unassigned Unit Pool.
Due to an error in Benchmark Companies records, the Unit Pool was shown as
having only 4 Residential Development Rights available for transfer. Benchmark
Companies records showed that 4 Development Rights had been transfered from
Lot 12, Block 2, to Lot 7, Block 1, Benchmark Subdivision, and 4 Development
Rights had been.transfered from Lot 5, Block 1, to Lot 7, Block 1. The transfer
from Lot 5 to Lot 7 never took place. As a result, when the Lot 5 area was
replatted and the excess Development Rights went into the Unit Pool, the 4
Development Rights from the Lot 5 to Lot 7 transfer should have gone into the
Unit Pool as well, resulting in a total of 8 Development Rights in the Unit
Pool instead of 4. Staff has retraced the entire history of Development Right
transfers in the Town and has put together a complete package of documentation
to verify each transfer to date.
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Staff Report to Planning & Zoning Commission - 12/2/86
Lot 12, Block 2, Benchmark at Beaver Creek
Special Review Use (Transfer of Residential
Development Rights from Unassigned Unit Pool)
Public Hearing
Page 2 of 3
According to Section 17.20.020 of the Zoning Code, in approving a Special Review
Use, the Planning and Zoning Commission shall make a finding that the conditions
outlined below are satisfied, and that granting the Special Review Use will make
possible the reasonable use of the land.
1. 'Determinations:
a. Does the proposed use otherwise comply with all requirements imposed
by the Zoning Code?
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 existent 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.
Staff Report to Planning & Zoning Commission - 12/2/86
Lot 12, Block 2, Benchmark at Beaver Creek
Special Review Use (Transfer of Residential
Development Rights from Unassigned Unit Pool)
Public Hearing
Page 3 of 3
RECO14MENDED ACTION:
1. Introduce application;
2. Presentation by applicant;
3., Public Hearing;
4. Planning and Zoning Commission review of Special Review Use criteria;
5. Adopt Resolution 86-5, with appropriate modifications.
Respectfully Submitted,
ay right
Engineering Technician
Planning & Zoning Action:
Approved as Submitted Approved with Recommended Conditions ( )
Approved with Modified/Conditions ( ) Continued ( ) Denied ( ) Withdrawn
Date /.ri.-~ 1:? &; Patricia Cuny, Secretary
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