TC Ord. No. 1994-10 Providing rezoning of Lot 3, Block 3TOWN OF AVON
ORDINANCE NO. 94 - 10
SERIES OF 1994
AN ORDINANCE PROVIDING FOR THE REZONING
OF LOT 3, BLOCK 3, BENCHMARK AT BEAVER
CREEK SUBDIVISION FROM RESIDENTIAL HIGH
DENSITY COMMERCIAL TO PLANNED UNIT
DEVELOPMENT AND ESTABLISHING A DEVELOPMENT
PLAN AND DEVELOPMENT STANDARDS
RELATED THERETO
WHEREAS, Elk Meadow Partnership has filed an application with the
Town of Avon to amend the zoning on Lot 3, Block 3, Benchmark at Beaver Creek
Subdivision from Residential High Density Commercial to Planned Unit Development;
and
WHEREAS, a public hearing has been held by the Planning and Zoning
Commission of the Town of Avon, pursuant to notices required by law, at which time the
applicant and the public were given an opportunity to express their opinions and present
certain information and reports regarding the proposed amendment; and
WHEREAS, following such public hearing, the Planning and Zoning
Commission forwarded reports and recommendations on the proposed amendment to the
Town Council of the Town of Avon; and
WHEREAS, after notices provided by law, a public hearing was held
before this Council on the 8th day of March, 1994, at which time the applicant 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 Comprehensive Plan of the Town of Avon and the recommendation of the Planning
and Zoning Commission 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 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 rezoning to Planned Unit Development is
consistent with the Comprehensive Plan of the Town of Avon.
4. That the requested rezoning to Planned Unit Development 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 - TITLE
The Planned Unit Development for Lot 3, Block 3, Benchmark at Beaver
Creek Subdivision shall be known as Westgate Planned Unit Development.
SECTION 2. - REZONE
Lot 3, Block 3, Benchmark at Beaver Creek Subdivision be rezoned
from Residential High Density Commercial to Planned Unit
Development and establish a PUD Development Plan and PUD
Development Standards related thereto.
SECTION 3 - DEVELOPMENT PLAN
A. The Westgate PUD and the development plan therefore, is hereby
approved for development within the Town of Avon, Colorado.
B. The Development Plan for the Westgate PUD is approved
and shall constitute the plan for development within the Westgate
PUD. The Westgate PUD Development Plan map was
prepared by Oliver, Glidden & Partners, dated February 11, 1994.
SECTION 4 - DEVELOPMENT GUIDELINES
The Development Guidelines for the Westgate PUD shall serve as the
governing regulations which will control development within the
Westgate PUD. These Development Guidelines shall serve as
the Zone District Regulations required by Section 17.20.110 (I) of the
Zoning Code of the Town of Avon.
WESTGATE DEVELOPMENT GUIDELINES
A. Minimum Lot Area: Minimum lot area shall be as indicated upon
the Westgate Development Plan.
B. Site Dimensions: Site dimensions shall be as indicated upon the
Westgate Development Plan.
C. Permitted Uses: A two -story retail/office building and associated
parking and landscaping. Uses shall include:
1. Retail Stores
2. Professional Offices
3. Personal Service Shops
4. Restaurants
D. Minimum Building Setbacks.
Front - 25'
Rear - 10'
Parking shall be allowed to encroach 20' into the required front
setback.
Roof overhangs shall be allowed in the rear setback as indicated on the
PUD Development Plan.
A trash enclosure shall be allowed in the rear setback as indicated on
the PUD Development Plan.
E. Maximum Building Height: 48'
F. Maximum Site Coverage: 30%
G. Minimum Landscape Area: 20%
H. Maximum Density: N/A
I. Parking: Required parking shall be in accordance with Section
17.24.020 (C) 2 of the Town of Avon Municipal Code.
J. Suns: All sign erected on the property shall conform to the Town
of Avon Sign Code.
SECTION 5 - AMENDMENTS
Amendments to the approved Development Plan which do not change its
substance may be approved by the Planning and Zoning Commission at
a regularly scheduled public hearing in accordance with the provisions of
Section 17.28. Amendments which do change the substance of the
Development Plan shall be required to be approved by Town Council
after the above procedure has been followed. The Community
Development Department shall determine what constitutes a change in the
substance of the Development Plan.
SECTION 6 - CONDITIONS OF APPROVAL FOR REZONING OF LOT 3, BLOCK 3
BENCHMARK AT BEAVER CREEK SUBDIVISION
A. The PUD Development Plan and PUD Guidelines, including allowed
uses, site access, parking and development standards, be
incorporated into and binding upon the PUD zone district designation
for Lot 3, Block 3, BenchmarK at Beaver Creek Subdivision.
B. Applicant will provide adequate pedestrian access to the property.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this
8th
day of March , 1994, and a public
hearing shall be held at the regular meeting of the Town Council of the Town of Avon,
Colorado on the 22nd day of March , 1994, at 7:30 P.M. in the
Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
J
Albert J Rey
�7EST:
Patty Neyha , Tov6 Clerk
INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED
POSTED this 22nd
ATTEST:
i
Patty Neyha , To Clerk
APPROVED AS TO FORM
c Lmlel
Tow Attorney
day of
March -,1994.
Town of Avon
Town Council
• • r• or
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 22ND
DAY OF MARCH, 1994, AT THE TOWN MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 94 -10,
SERIES OF 1994:
AN ORDINANCE PROVIDING FOR THE REZONING OF LOT 3, BLOCK 3,
BENCHMARK AT BEAVER CREEK SUBDIVISION FROM RESIDENTIAL HIGH
DENSITY COMMERCIAL TO PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS
RELATED THERETO
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 is given and posted by order of the Town Council of
the Town of Avon, Colorado
Dated this 9th day of March, 1994.
TOWN OF AVON, COLORADO
BY:
Patty Ne har
Town Cle k
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
MARCH 9, 1994;
AVON POST OFFICE IN THE MAIN LOBBY
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY