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TC Ord. No. 2015-03 Amending the Avon Comprehensive Plan and Rezoning Lot 1A, Buck Creek PUD to the Mixed-Commercial Zone DistrictEagle County, CO 201508412 Teak J Simonton 05/13/2015 Pgs: 5 02:06:51 PM REC: $31.00 DOC: $0.00 TOWN OF AVON, COLORADO ORDINANCE 15 -03 SERIES OF 2015 AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT AND APPROVING A REZONING OF LOT 1A, BUCK CREEK PUD TO MIXED -USE COMMMERCIAL RECITALS WHEREAS, the Town of Avon ( "Town ") is a home rule 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, Avon MOB LLC ( "Applicant ") has obtained consent of the owner of real property in the Town to submit development applications to the Town, which property is referred to as: "Lot ]A, Buck Creek PUD Avon, according to the plat recorded at December 30, 2009 under reception no. 200927819, County of Eagle, Colorado ( "Property ")" ; and WHEREAS, the Applicant submitted a Comprehensive Plan Amendment Application and a Rezoning Application (collectively referred to as the "Applications ") to the Town's Community Development Department on February 6, 2015; and WHEREAS, Avon Municipal Code ( "AMC ") §7.16.020(b)(4), Concurrent Review, allows concurrent review of multiple development applications, which concern the same property, and the Town's Community Development Director has consented to concurrent review; and WHEREAS, the Town's Planning & Zoning Commission ( "PZC "), after publishing and posting notice as required by law, held a public hearing on March 17, 2015; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence and Town Staff reports; and then took action to adopt Findings of Fact and made a recommendation to the Town Council to approve the Applications, with conditions; and WHEREAS, in accordance with AMC §7.12.020, Town Council, and in addition to other authority granted by the Town Charter, its ordinances or State of Colorado law, the Town Council has application review and decision- making authority to approve, approve with conditions or deny the Application, and has the authority to negotiate and approve the Development Agreement; and WHEREAS, pursuant to AMC §7.16.030(c), Rei ?ieiv Criteria, and AMC §7.16.050(c), Review Criteria the Town Council has considered the applicable review criteria for a Comprehensive Plan Amendment and a Rezoning application respectively; and ore] 15 -03 Lot 1 A, Buck Crock PUD Comp Plan Amendment and Rezoning April 28, 2015 SECOND AND FINAL READING Page I of 5 WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, held public hearings on April 8, 2015, and April 28, 2015 and prior to taking final action considered all comments, testimony, evidence and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, development of the Property in accordance with the Application will provide for orderly growth in accordance with the policy and goals set forth in the Town of Avon Comprehensive Plan, dated February 2006; to stimulate economic growth, secure the reasonable investment- backed expectations of the Applicant, and otherwise achieve the goals and purposes of the Town; and WHEREAS, it is the Town Council's opinion the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charlel" 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; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 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. Comprehensive Plan Amendment. The Avon Comprehensive Plan is hereby amended to amend the Future Land Use Plan to designate the Property as Mixed -Use Commercial, subject to the condition stated in Section 4. Condition. Section 3. Rezoning. The Property is hereby rezoned to Mixed -Use Commercial and the Official Zoning Map is hereby amended to designate the Property as Mixed -Use Commercial, subject to the condition stated in Section 4. Conditions. The Planned Unit Development designation shall no longer apply and all obligations and rights created by the Buck Creek Planned Unit Development as approved by Town of Avon Ordinance No. 09 -08, recorded at Reception No. 200927820 in the office of the Eagle County Clerk and Recorder, are hereby released and extinguished. Section 4. Conditions. The effectiveness Section 2 and Section 3 shall be conditioned upon the following: A. Applicant taking ownership of the Property by August 14, 2015. if the Applicant does not acquire ownership of the Property by August 14, 2015, the Council may, by motion, Ord 15-03 Lot I A, Buck Creck PUD Comp Plan Amendmcnt and Rezoning ApHl 28, 2015 SECOND AND FINAL READING Page 2 of 5 grant an extension of the date to satisfy this condition or may adopt an ordinance repealing this Ordinance and shall conduct a public hearing on second reading in accordance with the Avon Charter. B. Applicant paying cash -in lieu as mitigation for the incremental impact of increased density resulting from the rezoning on traffic, specifically Applicant shall pay $5,000 as a proportionate share contribution towards the construction of a bus shelter to be located in the vicinity and shall pay $5,000 as a proportionate share contribution towards the construction of an off -site pedestrian and recreation trail connection, and both contributions shall be non - refundable. C. Applicant shall execute and record the Restrictive Covenant on Use in substantially the form as attached as EXHIBIT A: RESTRICTIVE COVENANT ON USE concurrently with acquisition of title to the Property. The final Restrictive Covenant may include revisions and amendments approved by the Town Attorney provided that such revisions and amendments to not change the substantive terms regarding the restrictions on use. D. Applicant shall prepare and submit a new subdivision plat for Lot 1 A, Buck Creek PUD, that shall label the Property as Lot IA, Buck Creek Subdivision Filing #2, Avon, Colorado, prior to receiving a building permit. Such subdivision plat shall be reviewed as an administrative subdivision plat in accordance with the Avon Development Code. 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 has 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 tern "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 upon satisfaction of the condition sets forth in Section 4, but in no event shall take effect sooner than thirty (30) 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 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 this Ordinance is necessary for the preservation of health and safety and for the protection of pubic convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Ord 15-43 Lot IA, Buck Creek PUD Comp Plan Amendment and Rezoning April 28, 2415 SECOND AND FINAL READING Page 3 of Section S. No Existing; Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. 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 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.15 of the Avon Municipal Code. 1EXECUTIONPAGE FOLLOWS] Ord 15-03 Lot 1 A, Buck Crock PUD Comp Plan Amendment and Rezoning April 28, 2015 SECOND AND FINAL READING Page 4 of 5 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on April 21, 2015 and setting such public hearing for April 28, 2015 at the Council Chambers of the Avon Municipal Building, Iocated at One Lake Street, Avon, Colorado. B Je ie Fancher, Mayor ATTEST: Debbie Hoppe, o -n Clerk ADOPTED ON SECOND AND FINAL READING on April 28, 2015. APPROVED AS TO FORM: Eric J. , Town Attorney ATTEST: f Debbie Hoppe, o n Clerk Ord 15 -03 Lot IA, Buck Creek PUD Comp Plan Amendment and Rezoning April 28, 2015 SECOND AND FINAL READING Page 5 ors