TC Ord. No. 1996-07 Providing the amedment of Ord. No. 83-21 PUDTOWN OF AVON
ORDINANCE NO- 96-7
SERIES OF 1996
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF
ORDINANCE 0-83 -21, PUD DEVELOPMENT PLAN,
BENCHMARK SUBDIVISION, (WILDWOOD RESORT) TO ALLOW
A SEASONAL GARDEN, CENTER TROUGH OCTOBER OF 1996:
ON LOT 1 AND THE STORAGE OF TREES AND NURSERY
STOCK THROUGH OCTOBER OF 1996 ON LOT 2, WILDWOOD
RESORT, TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Oscar Tang, owner of Lots I and 2, Wildwood Resort, has filed an
application with the Town of Avon to amend the existing Planned Unit Development to
allow a seasonal garden center on Lot I through October of 1996 and the temporary
storage of trees and nursery stock on Lot 2 through October of 1996, Wildwood Resort;
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 23rd day of April, 1996, 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:
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.
1. That the hearings before the Planning and Zoning Commission and The room
Council were both extensive and complete and that all pertinent facts. mailers and
issues were submitted at those hearings.
2. That the proposed amendment to Planned Unit Development is consistent x%ith the
Comprehensive Plan of the To�°n of Anon.
NOW THEREFORE. BE IT ORDAINED BY THE'1 OWN COUNCIL OF THE TONkN
OF AVON, COLORADO THAT. the amendment to the Wildwood PUD to allow the
seasonal garden center through October. 1996 and the storage of trees and nursers° stock
through October, 1996 is approved subject to conditions with the following findings:
1. The property is weed for a hdteYand or lodging and related neighborhood
business uses and the amendment to allow a seasonal garden center and temporary
storage of nursery stock is consistent with the commercial zoning of the property
and the commercial designation of the property by the Town of Avon
Comprehensive Plan.
2. That a seasonal garden center is a customary use in communities and is consistent
with the Comprehensive Plan goals and objectives related to land use.
3. The garden center vvill be allowed only on a temporary basis for one season and
will be landscaped with temporary landscaping to enhance the site during the
sales.
AND THIS APPROVAL IS SUBJECT TO THE FOLLOWING CONDITIONS;
1. A surety in the amount of $2,000 to cover site clean up be issued to the Town of
Avon prior to construction
2. Utilize temporary plant material for screening of the site for the duration of the
use, particularly on the west and south sides of the greenhouses
3. Drainage should be according to Town standards
4. There will be dust control -
5. The southwestern edge of the public parking area be defined
6.. That the applicant furnish proof of water rights for irrigation, or secure another water
source such as trucking in water
7. The driveway entrance be defined with boulders or other appropriate materials and be
approved by staff.
INTRODUCED. PASSED ON FiRS]'READMi. APPRO%,E_D AND
ORDERED POSTED. this 9th day ol'April- 2996, and a public hearing sh,41 be held al
the regular meeting of the Tw.-v'n Council of the Town of Avon- Colorado on die 23rd day
of April, 1996. at 5:30 P.M_ in the Municipal Building of the To%N--n of Avon, Colorado.
Town of Avon, Colorado
TO Counc -
1 104
Albert J. Ynold', , ayot
ATTEST:
Patty'Neyhart, C.41C, To-tim Clerk-
INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED
POSTED this 23rd
day of Apra 1 1996-
To%-.m of Avon
Town Council
16 W.1-A7121
ATTEST:
Patty Neyhart, MC, TownClerk
APPROVED AS TO FORM:
Town Attorney
STATE OF C0L0R-k1X,,
COUNTY OF EAGLE Ss
TOWIN OF
NOTICE IS 14-ERP—BY GIVEN
COMiCIL OF THE TOWN OF
DAY OF APRIL, 1996, AT
PURPOSE OF CONSIDERING
SERIES OF 1996:
OF A PUBLIC HEARING BEFORE THE TOWN
AVON, COLORADO A71 5:30 P.M - ON THE 23RD
THE TOWN MU-NICIPAL BUILDING FOR THE
THE ADOPTION OF ORDINANCE NO- 96-7,
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE
NO. 83-21, PUD DEVELOPMENT PLAN, BENCFY-ARK SUBDIVISION,
(WILDWOOD RESORT) TO ALLOW SEASONAL GARDEN CENTER THROUGH
OCTOBER OF 1996 AND THE STORAGE OF TREES AND NURSERY
STOCK THROUGH OCTOBER OF 1997 ON LOT 2, WILDWOOD RESORT,
TOWN OF AVON, EAGLE COUNTY, COLORADO
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 10th day of April, 1996.
OF AVON, COLORADO
BY: I \i
Patty Ne"art,
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
APRIL 10, 1996;
WAL-M-ART IN THE LOBBY
CITY MARKET INXHE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY