TC Ord. No. 1985-22ORDINANCE NO. 85 - 22
SERIES OF 1985
ORDINANCE PROVIDING FOR THE AMENDMENT OF THE
ZONING DISTRICT MAP OF--THE TOWN OF AVON BY
DESIGNATION OF CERTAIN DESCRIBED LAND
AS SPECIALLY PLANNED AREA
AND APPROVING PRECISE.PLAN-FOR SAID AREA
WHEREAS, ALV Venture and Avon Lake Villas Lot 46 Partnership,
both Colorado, partnerships, filed an application with the Town of
Avon to amend the Zoning District Map of the Town of Avon by
rezoning certain real property owned 'by'ALV Venture and Avon Lake
Villas Lot 46 Partnership located in the Town of Avon from a
present zoning of Residential High Low Density to Residential High
Density Commercial, said property legally described as Lots 45 and
46, respectively, Block 2, Benchmark at Beaver Creek Subdivision,
County of Eagle, State of Colorado; and
WHEREAS, a public hearing was held by the Planning and Zoning
Commission of the Town of Avon on October 1, 1985, pursuant to
notice as required by law at which time the applicants and-the
public were given an opportunity to express their opinions
regarding the proposed amendment; and
WHEREAS, following such public hearing,=the Planning and
Zoning Commission-forwarded a report and recommendation on the
proposed amendment to the Town Council recommending denial of the
proposed amendment;
WHEREAS, after notice as provided by law, a public hearing
was held before the Town Council on the 22nd of October, 1985, at
-which time_the applicants and the public were given an opportunity
to express their opinions regarding the proposed amendment; and
Page 1
WHEREAS, based on the evidence, testimony and exhibits, the
recommendation of the Planning and Zoning Commission, and a study
of the Town of Avon Master Plan, the Town-Council denied the
proposed amendment to the Zoning District Map; and
WHEREAS, ALV Venture, a Colorado partnership, subsequently
filed an application with the Town of.Avon to amend the Zoning
District Map of the Town of Avon'by- rezoning certain real property
owned by ALV Venture located in the Town of Avon from a present
zoning of Residential High Low Density to Specially Planned Area,
said proper-ty'-..legally described. as Lot 45-, Block . 2, Benchmark at
Beaver Creek Subdivision, County of Eagle, State of Colorado; and
WHEREAS, a public hearing was held by the Planning and Zoning
Commission of the Town of Avon on November 5, 1985, pursuant to
Notice as required by law at which time the applicant and"the
public were given an opportunity to express their opinion
regarding both the proposed amendment designating Lot 45, Block 2,
Benchmark at Beaver Creek Subdivision as Specially Planned Area
and-the precise plan for the Specially Planned Area proposed by
the applicant pursuant to the requirements of Avon Municipal Code
17.20.070; and
WHEREAS, following such public hearing, the Planning and
Zoning Commission forwarded a report and recommendation on the
proposed amendment and the precise plan to the Town Council
recommeding denial of the proposed amendment; and
WHEREAS, after notice as provided-by law, a public hearing
was held before this Council on the 26th day of November, 1985, at
which time the applicant and the public were given an opportunity
to express their opinions regarding the proposed amendment and the
precise plan; and
WHEREAS, based upon the evidence, testimony and exhibits, the
recommendation of the Planning and Zoning-Commission, and a study
of the Town of Avon Master Plan finds as follows:
Page 2
1. That proper posting, publication and public notice was
provided as required by law for the hearings before the Planning
and Zoning Commission and the Town Council of the Town of Avon.
2. That the hearings before the Planning and Zoning
Commission 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 amendment to the Zoning District Map of
the Town of Avon is consistent with the Master Plan for the Town
of Avon.
4. That amending the Zoning District Map for the Town of
Avon to provide for Specially Planned Area Zoning for Lot 45,
Block 2, Benchmark at Beaver Creek Subdivision, will be in the
best interests of the health, safety, welfare and morals of the
citizens of the Town of Avon.
5. That a precise plan for the development of Lot 45, Block
Benchmark at Beaver Creek Subdivision was submitted to the
Planning and Zoning Commission for review at the public hearing
held by the Planning and Zoning Commission on November 5, 1985,
and was also submitted for review and approval to the Town Council
at the public-hearing held before the Town Council on November 26,
1985.
6. That the precise plan is in conformance with the
requirements of Avon Municipal Code 17.20.070, is consistent with
the Master Plan for the Town of Avon and-will be in the.best
interests of the health, safety, welfare and morals of the
citizens of the Town of Avon.
Page 3
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
Section 1. Amendment to Zone District Map.
The Zoning District Map of the Town of Avon be and is hereby
amended to reflect that Lot 45, Block 2, Benchmark at Beaver Creek
.Subdivision, County of Eagle, State of Colorado; in the Town of
Avon, shall be and hereby is designated a Specially Planned Area
as such term is defined and subject to all the terms and
conditions thereof set forth in the "Zoning Code of the Town of
Avon".
Section 2. The Precise Plan and Allowable Uses.
The Precise Plan and Allowable Uses for Lot 45,
Block 2, Benchmark at Beaver Creek Subdivision, County of
Eagle, State of Colorado shall include the following:
(A) The existing structure on-Lot 45, Block 2,
Benchmark at Beaver Creek Subdivision,-County of Eagle, State
of Colorado,-presently consists of thirty-one (31) three (3)
bedroom, three (3) bath, residential condominium
units,-which existing units may.be fractionalized and
remodeled to consist of up to sixty (60) one (1) bedroom,
one (1) bath, residential condominium units with
kitchens, provided such fractionalization shall not require
the use of more Residential Development Rights than are
currently allocated to Lot 45, Block 2, Benchmark
at Beaver Creek Subdivision.
(B) The allowed uses for Lot 45, Block 2, Benchmark at
Beaver Creek Subdivision shall include condominiums,
apartments, hotels,, lodges, motels,-time-sharing units, and
front desk or reservation desk services related to said
allowed uses.
(C) There shall be a minimum of one (1) parking space
per six hundred (600) residential square feet, but no less
than one (1) parking space per-residential condominium unit.
Page 4
(D) The precise plan for Lot 45, Block 2, Benchmark
at Beaver Creek Subdivision shall conform with the following
schedule of setback, building height, open space and
building area ratios:
MINIMUM BUILDING SETBACK
Front 25 feet
Side 7.5 feet
Rear 10 feet
Maximum Building Height 60 feet
Minimum-Useable Open Space
(Percent total lot area) 25%
Maximum Building Area Ratio
Per Lot (BAR)(Building
Coverage) 0.5-0
The precise plan and allowable uses as more particularly-set
forth above-'are'subject-to approval by the Town Council of the
final plat for Lot 45, Block 2, Benchmark at Beaver Creek Sub-
division, County of Eagle, State of Colorado.
The amendment to the Zoning District Map of the Town of Avon
provided herein shall take effect in accordance with the
Charter and Ordinances of the Town of Avon, and the Mayor is
hereby directed and authorized to execute such maps as may be
required to reflect the amendment herein authorized, and to
file a certified copy of the amended Zoning District Map with the
County Clerk and Recorder of Eagle County, Colorado.
Page 5
t
INTRODUCED, PASSED, READ ON FIRST READING, APPROVED AND
ORDERED PUBLISHED ONCE IN FULL, this 12th day of November, 1985,
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 26th of November, 1985, at 7:30 P.M. in the Municipal
Offices of the Town.
ATTEST:
4~~ D ~W' '
MAYOR
INTRODUCED AND PASSED, READ ON SECOND READING, APPROVED AND
ORDERED PUBLISHED BY TITLE ONLY THIS 26th day of
November ,
1985.
r
MAYOR
ATTEST:
I1
LJ
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
ICJ
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 26TH DAY OF
NOVEMBER, 1985, AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD,
AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF
ORDINANCE NO. 85-22, SERIES OF 1985:
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT
MAP OF THE TOWN OF AVON BY DESIGNATION OF CERTAIN DESCRIBED LAND
AS SPECIALLY PLANNED AREA AND APPROVING PRECISE PLAN FOR SAID AREA
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 the Ordinance.
This notice given and passed by order of the Town Council of the
Town of Avon, Colorado.
Dated this 12th day of November, 1985.
TOWN OF AVON,
Patricia J. DWyle, Town /Cler
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON NOVEMBER 14, 1985:
THE MAIN ENTRANCE OF THE POST OFFICE
THE MAIN ENTRANCE TO CITY MARKET
THE PESTER GAS STATION; AND
THE MUNICIPAL BUILDING IN THE MAIN LOBBY