TC Ord. No. 1994-11 Providing approval of rezoning 619.75 acres of land currently zoned open spaceTOWN OF AVON
ORDINANCE NO. 94 - 11
SERIES OF 1994
AN ORDINANCE PROVIDING FOR THE APPROVAL OF A
REZONING 619.75 ACRES OF LAND CURRENTLY ZONED OPEN
SPACE, LANDSCAPING AND DRAINAGE, TO PLANNED UNIT
DEVELOPMENT AND AMEND THE MOUNTAIN STAR PLANNED
UNIT DEVELOPMENT TO INCLUDE THIS PROPERTY
WHEREAS, Mountain Star Limited Liability Company, owners of
Mountain Star Subdivision has filed an application with the Town of Avon to amend the
existing Mountain Star Planned Unit Development to include the addition of 619.75 acres;
and
WHEREAS, a rezoning from Open Space, Landscaping and Drainage
(OLD) to Planned Unit Development (PUD) is requested; 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 22nd 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, the rezoning of 619.75 acres from
Open Space, Landscaping and Drainage to Planned Unit Development and the amendment
of the existing Mountain Star Planned Unit Development to include the 619.75 acres is
hereby approved, citing the following findings:
1. The rezoning is justified due to the changing character of the area.
2. The rezoning is consistent with the Town of Avon Comprehensive Plan.
3. The proposed use is compatible and complimentary to the surrounding
area and uses; and
including the following conditions:
1. The amendment to the Mountain Star Planned Unit Development will
be incorporated into the existing Mountain Star Planned Unit
Development. Subdivision of this land will be identified as Mountain
Star Filing 2.
2. The Planned Unit Development Plan and Planned Unit Development
Guidelines and Standards, including allowed uses, site access and
development standards, be incorporated into and binding upon the
Planned Unit Development zone district designation for this parcel of
land .
3. The property be annexed into the Avon Metropolitan Water District.
4. Access to the proposed equestrian area must be shown on the Planned
Unit Development Plan.
5. Public Trails and related parking areas must be shown on the Planned
Unit Development Plan.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this 22nd
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 12 th day of April , 1994, at 7:30 P.M. in the
Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
1
ATTEST:
Patty Neyha , Tow Clerk
INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED
POSTED this 12th
ATTEST:
Patty Neyhart Town Cler
APPROVED AS TO FORM
-4/111'wad
Tow Attorney
day of
r i 1 -'1994
Town of Avon
Town Council
W 1/1 U / - "I
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 12TH
DAY OF APRIL, 1994, AT THE TOWN MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 94 -11,
SERIES OF 1994:
AN ORDINANCE PROVIDING FOR THE APPROVAL OF A REZONING 619.75
ACRES OF LAND CURRENTLY ZONED OPEN SPACE, LANDSCAPING AND
DRAINAGE, TO PLANNED UNIT DEVELOPMENT AND AMEND THE MOUNTAIN
STAR PLANNED UNIT DEVELOPMENT TO INCLUDE THIS PROPERTY
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 22nd day of March, 1994.
OF AVON, COLORADO
Patty Ne hart
Town Cle
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
MARCH 22, 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
TOWN OF AVON
ORDINANCE NO. 94 - 11
SERIES OF 1994
AN ORDINANCE PROVIDING FOR THE APPROVAL OF A
REZONING 619.75 ACRES OF LAND CURRENTLY ZONED OPEN
SPACE, LANDSCAPING AND DRAINAGE, TO PLANNED UNIT
DEVELOPMENT AND AMEND THE MOUNTAIN STAR PLANNED
UNIT DEVELOPMENT TO INCLUDE THIS PROPERTY
WHEREAS, Mountain Star Limited Liability Company, owners of
Mountain Star Subdivision has filed an application with the Town of Avon to amend the
existing Mountain Star Planned Unit Development to include the addition of 619.75 acres;
and
WHEREAS, a rezoning from Open Space, Landscaping and Drainage
(OLD) to Planned Unit Development (PUD) is requested; 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 22nd 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, the rezoning of 619.75 acres from
Open Space, Landscaping and Drainage to Planned Unit Development and the amendment
of the existing Mountain Star Planned Unit Development to include the 619.75 acres is
hereby approved, citing the following findings:
1. The rezoning is justified due to the changing character of the area.
2. The rezoning is consistent with the Town of Avon Comprehensive Plan.
3. The proposed use is compatible and complimentary to the surrounding
area and uses; and
including the following conditions:
1. The amendment to the Mountain Star Planned Unit Development will
be incorporated into the existing Mountain Star Planned Unit
Development. Subdivision of this land will be identified as Mountain
Star Filing 2.
2. The Planned Unit Development Plan and Planned Unit Development
Guidelines and Standards, including allowed uses, site access and
development standards, be incorporated into and binding upon the
Planned Unit Development zone district designation for this parcel of
land .
3. The property be annexed into the Avon Metropolitan Water District.
4. Access to the proposed equestrian area must be shown on the Planned
Unit Development Plan.
5. Public Trails and related parking areas must be shown on the Planned
Unit Development Plan.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this
22nd
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 12th day of April , 1994, at 7:30 P.M. in the
Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
Albert J R9fnolds0VayoZrW
ATTEST:
S
Patty Neyh , To" Clerk
INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED
POSTED this 12th
ATTEST:
Patty Neyhart Town Cler
APPROVED AS TO FORM
I A). "
Tow Attorney
day of April -,1994.
Town of Avon
Town Council
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