TC Ord. No. 2016-13 Rezoning Lots 1, 2A. 2B, 2C, 3 and 5, Mountain Vista Resort Subdivision, Avon, Colorado From Planned Unit Development to Town CenterAvo n
OL`:. C'
TOWN OF AVON, COLORADO
ORDINANCE NO. 16 -13
REZONING LOTS 1, 2A, 2B, 2C, 3 AND 5, MOUNTAIN VISTA RESORT
SUBDIVISION, AVON, COLORADO FROM PLANNED UNIT
DEVELOPMENT TO TOWN CENTER
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, Points of Colorado, Inc., ( "Applicant ") submitted an application to rezone
Lots 1, 2A, 213, 2C, 3 and 5, Mountain Vista Resort Subdivision, Avon, Colorado ( "Property ")
from Planned Unit Development to Town Center zone district; and
WHEREAS, according to the Avon Municipal Code ( "AMC ") §7.20.080(c), the TC district
is intended to provide sites for a variety of uses such as hotels, commercial establislunents,
offices and some residential uses in a predominately pedestrian environment. The Town Center
should be distinguished from other areas in the Town and serve as the focal point for social,
business and cultural activities. This district contains the highest intensity of uses and should
serve as the major transit destination as well as provide high levels of pedestrian accessibility.
The TC district implements the mixed -use classification of the Avon Future Land Use Plan; and
WHEREAS, the Town's Planning & Zoning Commission ( "PZC "), after publishing and
posting notice as required by law, held a public hearing on June 9, 2016; 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 Record of Decision on June 7,
2016 and to make a recommendation to the Town Council to approve the Application; and
WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in
accordance with the requirements of AMC §7.16.020(d), Step 4: Notice, held public hearings on
June 14, 2016, and June 28, 2016 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, 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
WHEREAS, pursuant to AMC §7.16.050(c), Review Criteria, the Town Council has
considered the applicable review criteria for rezoning and finds that the criteria are met in
accordance with the town staff report, dated June 9, 2016 and in accordance with the Findings of
Fact; and
Ord 16 -13 Rezoning Lots 1, 2A, 2B, 3 and 5, Mountain Vista Resort Subdivision to Town Center
FINAL READING — July 26, 2016
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WHEREAS, the Property is located in District 1: West Town Center District, an area that
is designated as a High Priority District in the Avon Comprehensive Plan that "will be an
intensely developed mixed use, pedestrian- oriented area that serves as the primary focus for
residential and lodging development within the overall Town Center "; and
WHEREAS, the Town Council finds that the rezoning from Planned Unit Development to
the Town Center district will promote the Avon Comprehensive Plan for District 1, promote
uniformity of zoning regulations in the Town Core area, and will thereby promote the health,
safety and welfare of the Avon community; 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 Charter 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. Rezoning. Lots 1, 2A, 213, 3 and 5, Mountain Vista Resort Subdivision, Avon,
Colorado, are hereby rezoned from Planned Unit Development to the Town Center district.
Section 3. Restatement of Development Agreement, Condition of Rezoning. The Town
Council hereby approves the Restated Development Agreement for Tract C, attached hereto as
Exhibit A which supersedes the DEVELOPMENT AGREEMENT Confluence and Tract C,
dated October 27, 1998, as amended by the Amendment to Development Agreement for
Confluence and Tract C, executed by Town on May 17, 2000. The complete execution of the
Restatement of Development attached hereto as Exhibit A is a condition of the rezoning.
Section 4. 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.
Ord 16 -13 Rezoning Lots 1, 2A, 213, 3 and 5, Mountain Vista Resort Subdivision to Town Center
FINAL READING — July 26, 2016
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Section 5. Effective Date. This Ordinance shall in no event take effect sooner than thirty
(30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. 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 7. 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 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on June 14, 2016 and setting such public hearing for June 28, 2016 at the Council
Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
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ancher, Mayor
ATTEST:
a /4 a�
Debbie Hoppe, Towh Clerk
ON SECOND AND FINAL READING on July 26, 2016.
B�- �s ,i� n n
ATTEST:
e Fancher, Mayor Debbie Hoppe, TowdClerk
APPRO D AS TO FORM:
Eric . 1lei , Town Attorney
Ord 16 -13 Rezoning Lots 1, 2A, 213, 3 and 5, Mountain Vista Resort Subdivision to Town Center
FINAL READING —July 26, 2016
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