TC Ord. No. 2013-05 Wildridge Point Minor PUD Amendment Minor SubdTOWN OF AVON, COLORADO
ORDINANCE 13 -05
SERIES OF 2013
AN ORDINANCE APPROVING A MINOR PUD AMENDMENT AND MINOR
SUBDIVISION FOR WILDRIDGE POINT ON LOTS 33 -34, BLOCK 4, WILRIDGE
SUBIDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, Dominic Mauriello, Mauriello Planning Group (the "Applicant ") on behalf of
Mountain C.I. Holdings LTD (the "Owner ") has submitted a Minor PUD amendment, Minor
Subdivision, and Variance Application (collectively, the "Application ") to modify the platted
development rights to allow for the construction of three (3) single family residences on the
subject property; and
WHEREAS, the Planning and Zoning Commission held public hearings on February 5, 2013
and March 5, 2013 after posting notice of such hearings in accordance with the requirements of
Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all comments
provided before taking action; and
WHEREAS, the Planning and Zoning Commission recommended to the Town Council
approval of the Application through the Planning and Zoning Commission Findings of Fact,
Record of Decision, and Recommendations dated March 12, 2013; and
WHEREAS, pursuant to Section 7.16.060(e)(4), Review Criteria, and Section 7.16.070(f),
Final Plat Review Criteria, Avon Municipal Code, the Town Council has considered the
applicable review criteria for the Application; and
WHEREAS, the Town Council held public hearings on March 26, 2013 and April 9, 2013
after posting notice of such hearing in accordance with the requirements of Section 7.16.020(d),
Step 4: Notice, Avon Municipal Code, and considered all comments provided before taking
action; and
WHEREAS, the Town Council finds that the health, safety and welfare of the Avon
community will be enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application and that approval of this Ordinance on first reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this ordinance.
Ord 13 -05 Wildridge Point Minor PUD Amendment and Minor Subdivision
March 26, 2013
Page 1 of 4
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Wildridge Point Minor PUD Amendment. The Wildridge Point Minor PUD
Amendment application for Lots 33 and 34, Block 4, Wildridge Subdivision is hereby approved
as follows:
A. The Wildridge PUD and Replat No. 2 (Exhibit A) is amended for Lots 33 and 34,
Block 4, Wildridge Subdivision to modify the allowable maximum density of "2 Units
Each" for each lot to a total of three (3) single family for the newly platted Lots 1 -3,
Wildridge Point Subdivision.
Section 3. Wildridge Point Minor Subdivision. The Final Plat for the Wildridge Point
Subdivision, A Resubdivision of Lots 33 and 34, Block 4, Wildridge Subdivision, Town of
Avon, County of Eagle, State of Colorado is hereby approved.
Section 4. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical,
grammatical, cross - reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
Section 5. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
Ord 13 -05 Wildridge Point Minor PUD Amendment and Minor Subdivision
March 26, 2013
Page 2 of 4
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 8. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title at the Avon Town Hall,
Avon Recreation Center and Avon Public Library, which notice shall contain a statement that a
copy of the ordinance in full is available for public inspection in the office of the Town Clerk
during normal business hours. The Town Clerk is further ordered to publish a notice stating a
vested property right has been created in accordance with Section 7.16.140(d)(2) of the Avon
Municipal Code.
Section 9. Final Action. Approval and final adoption of this Ordinance on second reading
constitutes the Town's final action for the purposes of any appeal, legal challenge or referendum
seeking reconsideration of the decision of the Town Council with respect to this Ordinance and
matters approved hereby in accordance with Section 7.16.020(f)(5) of the Avon Municipal Code
and in accordance with Chapters VI and VII of the Avon Home Rule Charter.
[EXECUTION PAGE FOLLOWS]
Ord 13 -05 Wildridge Point Minor PUD Amendment and Minor Subdivision
March 26, 2013
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INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED on
March 26, 2013 and a public hearing on this ordinance shall be held at the regular meeting of the
Town Council on April 9, 2013, at 5:30 P.M. in the Council Chambers, Avon Municipal
Building, One Lake Street, Avon, Colorado.
Published by posting in at least
Clerk at least seven days prig
EA
ATTEST:
0
Rich Carroll, Mayor
lic places in Town and posting at the office of the Town
by the Town Council.
Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on 91h day of April, 2013.
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
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Ord 13 -05 Wildridge Point Minor PUD Amendment and Minor Subdivision
March 26, 2013
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