TC Ord. No. 2015-04 Amending the Avon Comprehensive Plan and Rezoning Lot 1B, Buck Creek PUD to the Public Facilities Zone DistrictEagle County, Co 201508413
Teak J Simonton 05/13/2015
Pgs: 5 02:06:52 PM
REC.- $31.00
TOWN OF AVON, COLORADO$0.00
ORDINANCE 15 -04
SERIES OF 2015
AN ORDINANCE APPROVING A COMPREHENSIVE PLAN
AMENDMENT AND APPROVING A REZONING OF LOT 1B, BUCK
CREEK PUD TO PUBLIC FACILITIES
RECITALS
WHEREAS, the Town of Avon ( "Town ") is a home rule municipal corporation and body
politic organized under the laws of the State of Colorado and possessing the maximum powers,
authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Eagle River Fire Protection District ( "Applicant ") has obtained consent of
the owner of real property in the Town to submit development applications to the Town, which
property is referred to as:
"Lot 1 B, Buck Creek PUD Avon, according to the plat recorded at December 30, 2009
under reception no. 200927819, County of Eagle, Colorado ("Property")"; and
WHEREAS, the Applicant submitted a Comprehensive Plan Amendment Application and a
Rezoning Application (collectively referred to as the "Applications ") to the Town's Community
Development Department on February 6, 2015; and
WHEREAS, Avon Municipal Code ( "AMC ") §7.16.020(b)(4), Concurl-ent Review, allows
concurrent review of multiple development applications, which concern the same property, and
the Town's Community Development Director has consented to concurrent review; and
WHEREAS, the Town's Planning & Zoning Commission ( "PZC "), after publishing and
posting notice as required by law, held a public hearing on March 17, 2015; and prior to
formulating a recommendation to the Town Council considered all comments, testimony,
evidence and Town Staff reports; and then took action to adopt Findings of Fact and made a
recommendation to the Town Council to approve the Applications, with conditions; and
WHEREAS, in accordance with AMC §7.12.020, Town Council, and in addition to other
authority granted by the Town Charter, its ordinances or State of Colorado law, the Town
Council has application review and decision- making authority to approve, approve with
conditions or deny the Application, and has the authority to negotiate and approve the
Development Agreement; and
WHEREAS, pursuant to AMC §7.16.030(c), Review Criteria, and AMC §7.16.050(c),
Review Criteria the Town Council has considered the applicable review criteria for a
Comprehensive Plan Amendment and a Rezoning application respectively; and
Ord 15 -04 Lot 18, Buck Creek PUD Comp Plan Amendment and Rezoning
April 28, 2015 SECOND AND FINAL READING
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WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in
accordance with the requirements of AMC Section 7.16.020(4), Step 4: Notice, held public
hearings on April 8, 2015, and April 28, 2015 and prior to taking final action considered all
comments, testimony, evidence and Town Staff reports; and then took action by approving this
Ordinance; and
WHEREAS, development of the Property in accordance with the Application will provide
for orderly growth in accordance with the policy and goals set forth in the Town of Avon
Comprehensive Plan, dated February 2006; to stimulate economic growth, secure the reasonable
investment- backed expectations of the Applicant, and otherwise achieve the goals and purposes
of the Town; and
WHEREAS, it is the Town Council's opinion the health, safety and welfare of the citizens
of the Town of Avon would be enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the
Town Council desires to comply with the requirements of the Avon Home Rule Chanel- 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 Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this Ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Comprehensive Plan Amendment. The Avon Comprehensive Plan is hereby
amended to amend the Future Land Use Plan to designate the Property as Public Facilities and to
add the following sentence to Town District Planning Principles, District 13: Nottingham Road
Commercial District, "Buck Creek, Lot 1B is designated for a public facilities use for the
planned construction of joint public safety facility including a regional fire station and police
station, which facility will require direct ingress and egress access on Swift Gulch to enhance
emergency response time." The Comprehensive Plan amendment shall be effective and subject
to the condition stated in Section 4. Condition.
Section 3. Rezoning. The Property is hereby rezoned to Public Facilities and the Official
Zoning Map is hereby amended to designate the Property as Public Facilities, subject to the
condition stated in Section 4. Condition. The Planned Unit Development designation shall no
longer apply and all obligations and rights created by the Buck Creek Planned Unit Development
are hereby released and extinguished.
Section 4. Conditions. The effectiveness of Section 2 and Section 3 shall be conditioned
upon the Applicant taking ownership of the Property by August 14, 2015 and submitting a new
Ord 15 -04 Lot 1B, Buck Creek PUD Camp Plan Amendment and Rezoning
April 28, 2015 SECOND AND FINAL READING
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subdivision plat for Lot 1 B, Buck Creek PUD, that shall label the Property as Lot 1 B, Buck
Creek Subdivision Filing #3, Avon, Colorado, prior to receiving a building permit. Such
subdivision plat shall be reviewed as an administrative subdivision plat in accordance with the
Avon Development Code. If the Applicant does not acquire ownership of the Property by
August 14, 2015, the Council may, by motion, grant an extension of the date to satisfy this
condition or may adopt an ordinance repealing this Ordinance and shall conduct a public hearing
on second reading in accordance with the Avon Charter.
Section 5. 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 has 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 6. Effective Date. This Ordinance shall take effect upon satisfaction of the
condition sets forth in Section 4, but in no event shall take effect sooner than thirty (30) days
after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares 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 this Ordinance is necessary for
the preservation of health and safety and for the protection of pubic 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 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Ord 15-04 Lot IB, Buck Creek PUD Comp Plan Amendment and Rezoning
April 28, 2015 SECOND AND FINAL READING
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Section 9. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and 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 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[EXECUTION PACE FOLLOWS]
Ord 15 -04 Lot 1 B, Buck Creek PUD Comp plan Amendment and Rezoning
April 28, 2015 SECOND AND FINAL READING
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INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on April 8, 2015 and setting such public hearing for April 28, 2015 at the Council
Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
ATTEST:
Debbie Hoppe, ToWh Clerk
ON SECOND AND FINAL READING on April 28, 2015.
ancher, Mayor
APPROVED AS TO FORM:
Eric J. eil, wn Attorney
ATTEST:
Debbie Hoppe.. Town Clerk
Ord 15-04 Lot I B, Buck Creek PUU Comp Plan Amendment and Rezoning
April 28, 2015 SECOND AND FINAL READING
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