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TC Ord. No. 1999-04 Approving a Zone change from industrial commerical PUDTOWN OF AVON ORDINANCE NO. 99 - 4 SERIES OF 1999 A ORDINANCE APPROVING A ZONE CHANGE FROM INDUSTRIAL COMMERCIAL (IC) TO PLANNED UNIT DEVELOPMENT (PUD), AND APPROVING THE GRAND VIEW PUD DEVELOPMENT PLAN. AND DEVELOPMENT STANDARDS, FOR LOT 42, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Cordevco has applied for rezoning, from IC to PUD, and approval of a PUD Final Development Plan and Development Standards for the Grand View PUD, Lot 42, Block 1, Benchmark at Beaver Creek Subdivision; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on February 16, 1999, 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 rezoning and PUD Development Plan and Development Standards; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed rezoning and PUD Development Plan and Development Standards to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the 9 day of Mar h , 1999, at which time the public was given an opportunity to express ✓ - their opinions regarding the proposed Final Development Plan; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. That the rezoning of Lot 42, Block 1, Benchmark at Beaver Creek Subdivision from Industrial Commercial (IC) to Planned Unit Development (PUD) is consistent with goals and objectives of the Town's Comprehensive Plan, is compatible with surrounding neighborhood and is consistent with the public interest. J ACOUNCIUORDINANC\ 1 999 \98- 3grandview.doc 3. That the Grand View PUD development plan and development standards complies with each of the Town of Avon's PUD design criteria and that this proposed development is consistent with the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The rezoning of Lot 42, Block 1, Benchmark at Beaver Creek Subdivision from Industrial Commercial to Planned Unit Development and the Grand View PUD Development Plan and Development Standards are hereby approved, subject to the following conditions: 1. That an easement agreement be executed between the Grand View PUD developers and the Town of Avon allowing the utilization of Tract B, a Town of Avon owned open space parcel, for the construction and location of necessary retaining walls, off -site grading and snow storage. The agreement shall be based upon a specific grading and drainage plan, approved by the Town, clearly showing the limits of disturbance during construction, the location of all retaining walls, and snow storage areas to be placed upon Tract B. 2. That a preliminary subdivision plan be approved prior to building permit issuance. 3. That a housing agreement be executed between the Town of Avon and Vail Resorts Development Co. to provide 12 deed restricted housing units. 4. That landscape planters be provided at all three ground level stairways. 5. Development of the Grand View PUD shall conform to the Final Development Plan. Elements not specifically addressed in the Final Development Plan shall be governed by Title 17 of the Avon Municipal Code. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 23rd day of February, 1999, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the g day of March 1999, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Fe 7"w �pw J ACOUNCIL \ORDINANC\ 1999 \98- 3grandview.doc INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED. Kns Nasri, Town Uerk Town of Avon, Colorado Town Council W .�- j 11 APPROVED AS TO FORM: Burt Levin, Town Attorney J:\COLNCIL\ORDINANC\1999\98-3grandview.doc 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 5:30 P.M. ON THE 9th DAY OF MARCH 1999, AT THE TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 99-04 SERIES OF 1999: AN ORDINANCE APPROVING A ZONE CHANGE FROM INDUSTRIAL COMMERCIAL (IC) TO PLANNED UNIT DEVELOPMENT .(PUD), AND APPROVING THE GRAND VIEW PUD DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS, FOR LOT 42, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, 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 fmal passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 24' day of February, 1999. 00. M AVON,COLORADO Kris Nash Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY 26,1999: AVON MUNICIPAL BUILDING IN THE- MAIN LOBBY AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY