TC Ord. 18-05 Approving a Rezoning Application for the Colorado World Resorts (Folson) AnnexationTOWN OF AVON
ORDINANCE 18-05
APPROVING A REZONING APPLICATION FOR THE COLORADO
WORLD RESORTS (FOLSON) ANNEXATION, FROM PLANNED UNIT
DEVELOPMENT TO THE RESIDENTIAL HIGH DENSITY, OPEN
SPACE, LANDSCAPING AND DRAINAGE, AND SHORT TERM
RENTAL OVERLAY ZONE DISTRICTS
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, Colorado World Resorts, LLC ("Applicant") has submitted a Rezoning
application for certain property to apply the Residential High Density ("RH"), Open Space,
Landscaping, and Drainage ("OLD"), and Short Term Rental Overlay ("STRO") zone district
classifications, such property is described as follows:
38388 Highway 6, Avon, CO 81620; as is also described in the Quit Claim Deed, recorded in
the Eagle County Clerk and Recorder's office at Reception Number 201803580 ("Property");
WHEREAS, the Town's Planning & Zoning Commission ("PZC"), after publishing and
posting notice as required by law, held a public hearing on April 17, 2018; and prior to formulating
a recommendation to the Town Council considered all comments, testimony, evidence, agency
referrals, and staff report dated April 17, 2018; and then took action with a unanimous
recommendation to the Town Council for approval of the Application with approval of Findings
of Fact and a Record of Decision; and
WHEREAS, in accordance with AMC Section 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 May 8, 2018 and May 22, 2018, 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 Section 7.16.050(c), Review Criteria the Town Council has
considered the applicable review criteria for a Rezoning application; and
Ord 18-05 CO World Resorts Rezoning
May 22, 2018 SECOND READING Page 1 of 5
WHEREAS, the Application complies with AMC Section 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 Property is physically suitable for residential land use at a density and scale
outlined in AMC Section 7.24.040, Table of Allowed Uses; and
WHEREAS, the Application is in conformance with the Future Land Use Map's designations
in the Avon Comprehensive Plan, which depicts Residential High Density and Open Space land
use designations for the Property; 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, 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. The Property is hereby rezoned and the Official Town of Avon Zoning
Map shall be amended to designate the Property as RH, OLD, and STRO as depicted in Exhibit
A.
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 18-05 CO World Resorts Rezoning
May 22, 2018 SECOND READING Page 2 of 5
Section 4. Effective Date. This Ordinance shall take effect 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. 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 7. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[EXECUTION PAGE FOLLOWS]
Ord 18-05 CO World Resorts Rezoning
May 22, 2018 SECOND READING Page 3 of 5
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on May 8, 2018 and setting such public hearing for May 22, 2018 at the Council
Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
B ATTEST:
SE,AL:
Jennie Fancher, Mayor Debbie Hoppe, T n Clerk
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ADOPTED ON SECOND AND FINAL READING on May 22, 2018.
B ATTEST:
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/ N OFq y
Je e ancher, Mayor Debbie Hoppe, Town Clerk ••. o�,
A .
APPROVED AS TO FORM:
0,auo
Eric.(Heil, Heil, T n Attorney
Ord 18-05 CO World Resorts Rezoning
May 22, 2018 SECOND READING Page 4 of 5
EXHIBIT A
Ord 18-05 CO World Resorts Rezoning
May 22, 2018 SECOND READING Page 5 of 5