TC Ord. No. 2006-16 Approving with conditionsa PUD amendment application amending the Village at Avon PUD Permit Emergency Service Uses within planning Area N filing 3 the village at avon subdivisionEAGLE COUNTY, CO 200]05489
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TOWN OF AVON 47V
ORDINANCE NO. 06 -16
SERIES OF 2006
AN ORDINANCE APPROVING, WITH CONDITIONS, A PUD AMENDMENT
APPLICATION AMENDING THE VILLAGE AT AVON PUD TO PERMIT
EMERGENCY SERVICE USES WITHIN PLANNING AREA N, FILING 3, THE
VILLAGE AT AVON SUBDIVISION.
WHEREAS, Dominic Mauriello, on behalf of Traer Creek LLC, has filed an application to
formally amend the existing Village at Avon Planned Unit Development ("PUD") Guide to allow
emergency service facilities such as ambulance and fire protection and similar uses and services as
determined by the Director of Community Development, as a Special Review Use within Planning Area
"N"; 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 November 21St; 2006, 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 PUD Amendment; and
WHEREAS, following such public hearings, the Planning & Zoning Commission
forwarded its recommendation for conditional approval on the PUD amendment application to
the Town Council of the Town of Avon through Resolution 06-18; and
WHEREAS, after notices provided by law, this Council held a public hearing on
December 12t", 2006 and January 9t", 2007, at which time the applicant and the public were
given an opportunity to express their opinions regarding the proposed PUD Amendment; and
WHEREAS, based upon the evidence, testimony, exhibits, and a study of the
Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds said
application appears to comply with the following PUD review criteria set forth in Section
17.12.110 of the Avon Municipal Code, including the following:
1. Conformance with the Town of Avon Comprehensive Plan goals and
a. Policy J.2.2: Locate schools, parks, and other civic
facilities along trails, sidewalks, and transit facilities.
b. Policy J.2.3: Ensure that annexations and new
subdivisions include and or provide for community
services and facilities (i.e. schools, transit, fire,
affordable housing, etc.) based on increase demand
created by those developments
2. The proposed emergency service uses and activity provide a compatible,
efficient, and workable relationship with surrounding uses and activity as
required by 17.20.11OH (4).
3. The site planning and open space provisions are designed to produce a
functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community as required by
17.20.11 OH (6).
4. Functional and aesthetic open space is provided in order to optimize and
preserve natural features, recreation, views and function as required by
17.2 OH (8).
5. The subdivision plan will maintain a workable, functional, and efficient
relationship throughout the development of the PUD as required by
17.20.110H (9).
6. The site contains adequate public services such as sewer, water, transportation
systems, roads, and parks as required by 17.20.11 OH (10).
7. The existing streets and roads are suitable and adequate to carry anticipated
traffic within the proposed PUD and in the vicinity of the proposed PUD as
required by 17.20.110H (11).
WHEREAS, this PUD Amendment to add public uses within Planning Are "N" provides
evidence of compliance with the public purpose provisions outlined in Section 17.28.085 of the
Municipal Code.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
The Amendment to the Village at Avon PUD Guide to allow public uses within Planning
Area "N" is approved subject to the following conditions:
Ordinance No. 06-16 VAA PUD Amend (Emergency Services)
Page 2 of '4
1. Emergency services shall be an "Allowed Use" within Tract E and a resubdivided
Tract "F", Filing 3, Planning Area "N", as described in condition #3 below. The
precise language of the text amendment to the Village at Avon PUD Guide shall be
subject to the Town Attorney's approval, and upon the Town Attorney's approval
the Mayor shall be authorized to execute the amendment and the Town Clerk shall
be authorized to record the amendment in the real property records of the Eagle
County Clerk and Recorder's office, which text shall be finalized by January. 26,
2007.
2. The Eagle River Fire Protection site shall be located exclusively within Planning
area N, Tract "E" of Filing 3, Village at Avon Subdivision. The property owner,
Traer Creek LLC, shall convey Tract "E" to the Eagle River Fire Protection
District on or before April 1, 2007.
3. The property owner shall submit a complete Minor Subdivision application for a
resubdivided Tract "F" on or before April 1, 2007 as follows: the Eagle County
Health Services District site shall be located exclusively within Planning Area "N"
in an area not to exceed .6 acres, including an access road, and located abutting
Swift Gulch Road, as conceptually but not finally depicted on Exhibit A, within
Filing 3, Village at Avon Subdivision (Exhibit "A"). This Eagle County Health
Services District site shall be a resubdivision (Minor Subdivision Process) of
Tracts "B, F, and/or G", Filing 3, Village at Avon Subdivision, and located so as to
preserve as much of the remainder of usable Planning Area N for park purposes as
possible.
4. The Eagle County Health Services District site and improvements shall incorporate
public access restrooms, a minimum of one men's and one women's facility
available during daytime hours, and provide for public access from Swift. Gulch
Road for use in connection with the park on Planning Area "N".
5. The property owner shall convey resubdivided Tract "F" to the Eagle County
Health Services District within 30 days of recording of the amended final
subdivision plat.
6. In the event the Eagle River Fire Protection site is not used by the Eagle River Fire
Protection District, the District shall allow the Town use of the site in accordance
Ordinance No. 06-16 VAA PUD Amend (Emergency Services)
Page 3 of 4
with Allowed Uses in the Village at Avon PUD Guide and subject to the terms and
conditions of the Village at Avon Annexation Agreement.
7. All material representations made by the applicant or applicant representatives in
this application and in public hearing shall be adhered to and considered binding
conditions of approval.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this I ate'- day of Qe-e e.l`rRQ, , 2006, and a public hearing shall be held at the
regular meeting of the Town Council of the Town of Avon, Colorado, on the day of
any , 2-0< at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Co ncil `
V~
Mayor
ATTEST:
u
Town Clerl C_j
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED the - day of -UW , 2007.
Town of Avon, Colorado
Town Council
lv
4 v' t .
Cir
Mayor
ATTEST: ~r APPROVED AS TO FORM
!s
L i
Trwn Cl rk C Torn 1 Attorney
Ordinance No. 06-16 VAA PUD Amend (Emergency Services)
Page 4 ol•4
Exhibit "A" to Ordinance 06-16
44 Property Boundaries
1-70
'Tract E
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rt F= 6 ACID Site
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General Location of Eagle County Health Services Site