TC Ord. No. 2017-18 Approving a Rezoning Application adding Nottingham Road Properties to the Short Term Overlay DistrictTOWN OF AVON, COLORADO
ORDINANCE 17-18
APPROVING THE REZONING OF LOTS 6-9; 43-51; 70; 70A, BLOCK 1,
BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON,
TO INCLUDE THE SHORT TERM RENTAL OVERLAY DISTRICT
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 Town of Avon ("Applicant") has submitted a Rezoning application affecting
the following properties, collectively referred to as ("the Properties") by applying the Short Term
Rental Overlay District ("STRO"):
Lot 6, Block 1, Benchmark at Beaver Creek Subdivision ("BMBC"); Lot 7, Block 1, BMBC;
Lot 8, Block 1, BMBC; Lot 9, Block 1, BMBC; Lot 43, Block 1, BMBC; Lot 44, Block 1,
BMBC; Lot 45, Block 1, BMBC; Lot 46, Block 1, BMBC; Lot 47, Block 1, BMBC; Lot 48,
Block 1, BMBC; Lot 49, Block 1, BMBC; Lot 50, Block 1, BMBC; Lot 51, Block 1, BMBC
Lot 70, Block 1, BMBC; Lot 70A, Block 1, BMBC; according to Final Plat No. 4 of the BMBC
Subdivision recorded at Book 274, Page 701, Eagle County Clerk and Recorders office;
WHEREAS, the Town's Planning & Zoning Commission ("PZC"), after publishing and
posting notice as required by law, held a public hearing on October 17, 2017; 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 Application; and
WHEREAS, in accordance with AMC §7.12.020, Town Council, and in addition to other
authority granted by the Town Charter, its ordinances and 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, the Town Council of the Town of Avon, after publishing and posting notice in
accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, held public
hearings on November 14, 2017 and December 12, 2017, 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, pursuant to AMC §7.16.050(c), Review Criteria the Town Council has
considered the applicable review criteria for a Rezoning application; and
Ord 17-18 Nottingham Road STR
December 12, 2017 SECOND READING Page 1 of 4
WHEREAS, the Application complies with AMC §7.16.050(c), Review Criteria, and is
consistent with the Comprehensive Plan's goal of providing a balance of land uses, and inviting
guest accommodations that strengthen Avon's identity as both a year round residential community
and a tourism center; and
WHEREAS, the Properties are physically suitable for short term rental usage, and short term
rentals on the Nottingham Road corridor are compatible and pose negligible impacts upon the
current and future potential uses of neighboring properties; and
WHEREAS, the Application will provide for orderly, efficient use of the Property, while at
the same time conserving the value of the investments of owners of property in the Town in
accordance with the Purpose statements in the Avon Development Code; and
WHEREAS, the health, safety and welfare of the citizens of the Avon community 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 Rile 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. The Properties are hereby rezoned and the Official Town of Avon
Zoning Map shall be amended to designate the Properties as included in the STRO District.
Section 3. 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 17-18 Nottingham Road STR
December 12, 2017 SECOND READING Page 2 of 4
Section 4. 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 5. 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 6. 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.
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.
[EXECUTION PA GE FOLLOWS]
Ord 17-18 Nottingham Road STR
December 12, 2017 SECOND READING Page 3 of 4
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on November 14, 2017 and setting such public hearing for December 12, 2017 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY- ATTEST:
�l
JdiAie Fancher, Mayor Debbie Hoppe, Towh Clerk
ADOPTED ON SECOND AND FINAL READING on December 12, 2017.
B
le6ii-e-tancher, Mayor
ATTEST:
Debbie Hoppe,
p1 OF 41i��/✓
;SEAL:
C�CORar"t''�.:f
Ord 17-18 Nottingham Road STR
December 12, 2017 SECOND READING Page 4 of 4