TC Ord. No. 1996-19 Amendment of Ord. No. 83-21 PUD BenchmarkTOWN OF AVON
ORDINANCE NO. 96-19
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 ON LOT 1 THROUGH APRIL
OF 1997 AND THE STORAGE OF , TREES AND NURSERY
STOCK ON LOT 2 THROUGH OCTOBER OF 1997, WILDWOOD
RESORT, TOV1N OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Colorado Alpines Inc., has filed an application with the permission
of Tanavon Corporation, owner of Lots I and 2, Wildwood Resort, to amend the existing
Planned Unit Development to allow a seasonal garden center on Lot I through April 1997
and the temporary storage of trees and nursery stock on Lot 2 through October of 1997,
Wildwood Resort;
WHEREAS, a public hearing has been held by the Planning and Zoning
Commission of the Town of Avon, pursuant to notices rewired 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 12th day of November, 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.
That the hearings before the Planning and Zoning Commission and the '1'o -*vn
Council Nvere both extensive and complete and that all pertinent facts, matters and
issues were submitted at those hearings_
2. That the proposed wriendment to Planned Unit Development is consistent with the
Comprehensive Plan of the To %%m of Avon.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO THAT, the amendment to the Wildwood PUD to allow the
seasonal garden center through April, 1997 and the storage of trees and nursery stock and
equipment through October. 1997 is approved based upon the following, findings:
1. The property is zoned for a hotel /and 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 will be allowed only on a temporary basis and will be
landscaped with temporary landscaping to enhance'the site during the sales.
AND THIS APPROVAL IS SUBJECT TO THE FOLLOWING CONDITIONS:
1. 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
2. That portable toilets continue to be provided on the site.
3. Any outdoor lighting be downcast and shielded so as to not generate off site glare
(light trespass).
4. The Christmas trees and all items related to the Christmas tree sales such as fences,
and any litter be removed from the site by January 2nd
5. Lot 2 shall be restored to its natural condition and the area be restored with seeding or
other appropriate re- vegetation, as determined by staff, by June 30, 1998-
6. The letter of credit be extended through October, 1997.
7. Dust control be continued-
8. Lot 2 be cleaned up prior to October 31, 1996.
9. Both Lots shall be maintained in a neat and orderly manner.
INTRODUCED. PASSED ON FIRST READING. APPROVED AND
ORDERED POSTED, this 22nd day of October .1496, and a
public hearing shall be held at the regular meeting of the Toes Council of the Town of
Avon, Colorado on the 12th day of November , 1996, at 5:30
P.M. in the Municipal Building of the Town of Avon, Colorado.
"To%,,m of Aron, Colorado
T
Albert J!Reynblds, Mayor
ATTEST:
J
Patty Lambert, CMC, Town Clerk
INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED
POSTED this 12th day of November , 1946.
ATTEST:
Patty Lambert,
, Town Clerk
APPROVED AS TO FORM:
Town /Attorney
Town of Avon
Town Council
Albe�rt J. .. olds, .
STATE OF COLORADO 1
COUNTY OF EAGLE SS
TONIN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 12TH
DAY OF NOVEMBER, 19916, AT THE TOWN MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 96 -19,
SERIES OF 1995:
AN ORDINANCE PROVIDING FOR THE AMENDMENT O:
NO. 83 -21, PUD DEVELOPMENT PLAN, BENCHMARK
(WILDWOOD RESORT) TO ALLOW SEASONAL GARDEN
APRIL OF 1997 AND THE STORAGE OF TREES AND
THROUGH OCTOBER OF 1997 ON LOT 2, WILDWOOD
OF AVON, EAGLE COUNTY, COLORADO
F ORDINANCE
SUBDIVISION,
CENTER THROUGH
NURSERY STOCK{.
RESORT, TOWN
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 25th day of October,
1996.
TOWN OF A N, COLORADO
..
BY
Patty Lambe t, CMC
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
OCTOBER 25, 1996;
EAGLEBEND APARTMENTS - CLUBHOUSE LAUNDRY;
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY