TC Ord. No. 1983-21TOWN OF AVON
ORDINANCE NO. #83-21
Series of 1983
AN ORDINANCE PROVIDING FOR THE AMENDMENT
OF THE ZONING CODE OF THE TOWN OF AVON BY
THE AMENDMENT OF THE ORDINANCES ESTABLISHING
SPECIALLY PLANNED AREAS--IN-THE BUCK CREEK AND
SWIFT GULCH AREAS OF THE TOWN OF AVON.
. WHEREAS, Benchmark at Beaver Creek, a limited
partnership, S & G: Partnership, a Colorado Partnership, and
Wild ridge.Development Company, a Colorado partnership, have
filed,application with the Town. of.Avon,to:amend the zoning
district map and the zoning code of the,Town of Avon by
effectively transfering certain development rights from the
area described as Parcel 1 and Parcel 2, Swift Gulch
Addition to the Town of Avon, (hereinafter referred to as
"Swift Gulch") to the area described as Lots 5, 52A and.52B,
Block 1, Benchmark at Beaver Creek Subdivision, as amended
to the date of this Ordinance (hereinafter referred to as
"Buck Creek"), through the amendment of the ordinances which
previously established the development rights within each
respective specially planned area; and.
WHEREAS,.public hearings have been held by the-
Design Review Board of the Town of Avon, pursuant to notices
required by law, at which the applicants and the public were
given an opportunity to express their opinions regarding the
proposed amendments; and
WHEREAS, following such public hearings, the
Design Review Board forwarded reports and recommendations on
the proposed amendment to the Town Council; and
WHEREAS, after notices provided by law, a public
hearing was held before this Council on the 10th day of May,
1983, at which time the applicants and the public were given
an opportunity to express their opinions regarding the
proposed amendment; and
WHEREAS, based upon the evidence, testimony, and
exhibits, and a study of the Master Plan of the Town of Avon
and the recommendations of the Design Review Board-of the
Town of.AVon, this Council finds as follows:
1. The proper posting, publication and public
notice was provided as required by law for the hearings
before the Design Review`Board and the,Town Council of the
Town of-Avon.
2. That the hearings-before the Design Review
Board and the Town Council were both extensive and complete
and that all pertinent facts,*matters and issues were
submitted at those hearings.
3. That the proposed amendments to the Zoning
District Map and Zoning Code of the Town of Avon are
consistent with the Master Plan-of the Town of Avon, provid-
ed-that certain limitations hereinafter set forth be estab-
lished in association with the respective specially planned
areas.
4. That the requested amendment to the Zoning
District and the Zoning Code of the Town of Avon will be in
the best interest of the health, safety, welfare and morals
of the citizens of the Town of Avon.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, THAT:
Section 1. Amendment to Swift Gulch SPA.
Section 1 of Ordinance No. 81-35 of the Town of
Avon shall be and hereby is amended to read as follows:
The Zoning District Map of the Town of Avon shall
be and hereby is amended to reflect that the certain real
property as more fully and legally described hereinabove,
shall be and hereby--is included in a Specially Planned Area
Zone District as such term is defined and subject to all the
terms and conditions thereof set forth in the Municipal Code
of the Town of Avon, as may from time to time be in effect,
provided the uses permitted on such lands shall be limited
to the following:
80 residential multi-family dwelling units or 160
hotel,-motel and/or lodge (accomodation) units, or
a combination thereof which shall be-limited by
considering one multi-family dwelling unit"as the
equivalent of two accomodation units, and imposing
the above -160 accomodation"unit limit on the
property.
Related commercial as allowed in"the SC (Shopping
Center zone district.
Section 2. Amendment to Buck Creek SPA.
Section 1 of Ordinance No. 82-20 of the Town of
Avon shall"be and hereby is amended to read as follows:
The Zoning District Map of the Town of Avon shall
be and hereby is amended to reflect that the certain real
property as"more fully and legally described hereinabove,
shall be and he is included in a Specially Planned Area
Zone District as such term is defined and subject to all the
terms and conditions thereof set forth in the Municipal Code
of the Town"of Avon, as may from time to time be in effect,
provided.the uses permitted on such lands"shall be limited
to the-following uses:
A. 50 residential.,multi-family dwelling units,
together with accessory uses, jocated
"-.northeast,,of the line described on Exhibit A
'hereto:
B:~. -200 hotel, motel, and/or.lodge (accomodation)
units together with accessory uses and
-related commercial uses as allowed in the NC
(Neighborhood Commercial) zone district, to
be located southwest of the line described on
Exhibit A"hereto.
C. Private park and recreation and related
commercial uses including clubhouse
building for indoor and outdoor sports,
activities and customary support facilities:
swimming pools, tennis courts, archery range,
restaurant/lounge, pro shop and other similar
activities or-services.
- 2 -
Provided however, the only uses permitted on an
independently existing Lot 52A shall be open space,
landscaping and signage. In connection therewith, this
Ordinance is conditioned upon the owner of Lot 52A placing a
covenant of record on said property requiring that Lot 52A
shall only be utilized and developed in connection with Lot
52B and only for the specific purposes permitted by this
Ordinance. Provided however, that if the present Lot 52A
legal description is changed or eliminated as a result of
subsequent replatting, then in said event the underlying
real property shall be deemed to have the same zoning
allowed use as the property to which it (Lot 52A) has been
platted as a part therein.
Section 3. Effective Date. The amendment to the
Zoning District Map and the Zoning Code of the Town of Avon
provided for herein shall take effect in accordance with the
charter and the ordinances of the Town of Avon, and the
Mayor Pro Tem and the Town Clerk are hereby directed and
authorized to execute such documents as may be required to
reflect the amendment herein authorized, and to file a
certified copy of such documents with the County Clerk and
Recorder of Eagle County, Colorado.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, THIS 26th day of April, 1983 and a public hearing
on this Ordinance shall be held at the regular meeting of
the Town Council of the Town of Avon, Colorado, on the
10th day of May, 1983 at 7:30 P.M. in the Municipal Building
of the Town of Avon, Colorado.
Mayo ro em
ATT ST:
s/
P Patricia J. yle
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED this 10th day of May, 1983.
6ty~
/s,
Mayo Pro Tem
ATTEST:
/s/ _
J y Be
eputy Town Clerk
03:5/12/83
- 3 -
6 0
EXHIBIT "A"
TO
ORDINANCE NO. 83-21
A line beginning at a point on the northwesterly right-of-way
line of the Buck Creek Road which is a part of Block 1, Benchmark
at Beaver Creek Subdivision, as amended, such point being de-
scribed as lying S 38027109"W, 1200.00 feet from the intersection
of the northwesterly R/W line of Buck Creek Road and the east
line of the NWaSEh of Section 1, T5S, R82W of the 6th P.M., said
line then extends S 51032151"E, 471.14 feet to point on the south-
easterly line of said lot 52B, said point lying S 47044'59"W,
516.49 feet from the intersection of the southeasterly line of
said lot 52B and the east line of the NASEQ of said Section 1.
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 10TH DAY OF MAY,
1983 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO
FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. #83-21,
SERIES OF 1983:
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING CODE OF THE
TOWN OF AVON BY THE AMENDMENT OF THE ORDINANCES ESTABLISHING SPECIALLY
PLANNED AREAS IN THE BUCK CREEK AND SWIFT GULCH AREAS OF THE TOWN
OF AVON.
A copy of said Ordinance is attached hereto and is also on file at
the office of the town clerk and may be inspected during regular
business hours.
Following this hearing, the Council may consider final passage of
this Ordinance.
This notice given and passed by order of the Town Council of the
Town of Avon, Colorado.
Dated this 27th day of April, 1983
N, COL
O
;OG
Patricia J. oyle, Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
April 28th , 1983.
THE MAIN ENTRANCE OF THE POST OFFICE,
THE MAIN ENTRANCE TO CITY MARKET,
THE PESTER GAS STATION: AND
THE MAIN LOBBY IN THE MUNICIPAL BUILDING