Loading...
TC Ord. No. 2015-06 A Rezoning of Lot B, Avon Center Subdivision, From PUD to Town Center (TC) Zone DistrictEagle County, CO Teak J Simonton Pgs: 4 REC: $26.00 DOC: $0.00 TOWN OF AVON, COLORADO ORDINANCE 15 -06 SERIES OF 2015 AN ORDINANCE APPROVING THE REZONING OF LOTS 2 AND 3 AND LOTS B, 5 AND 7 (COLLECTIVELY REFERRED TO AS "LOT B "), AVON CENTER AT BEAVER CREEK, TO THE TOWN CENTER ZONE DISTRICT RECITALS 201509380 05/28/2015 09:06:10 AM 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, Treadstone Development, 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: "Lots 2 and 3 and Lots B, 5 and 7, Second Amended Condominium Map and Resubdivision of Lots A and B, Avon Center at Beaver Creek a resubdivision of Lots 47, 48, 49, 50, 51, 52, 53, and 54, Block 2, Benchmark at Beaver Creek, Amendment No. 4, recorded May 07, 2003 at Reception No. 832542, except for Lot 2a (also known as Reconveyance Lot A) and Lot 3a (also known as Reconveyance Lot B) as shown thereon, and as described in the General Warranty Deeds recorded on October 5, 2010 at Reception Nos. 201019949 and 201019950, respectively, County of Eagle, Colorado ( "Property ") "; and WHEREAS, the Applicant submitted a Rezoning Application (referred to as the "Application ") to the Town's Community Development Department on March 19, 2015; and WHEREAS, the Town's Planning & Zoning Commission ( "PZC "), after publishing and posting notice as required by law, held a public hearing on April 7, 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 Application; 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 §7.16.050(c), Review Criteria the Town Council has considered the applicable review criteria for a Rezoning application; and Ord 15 -06 Lot B, Avon Center at Beaver Creek Rezoning May 12, 2015 FIRST READING Page I of 4 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 May 12, 2015 and May 26, 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, the Application will provide for orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in the Town in accordance with the Purpose statements in the Avon Development Code; and WHEREAS, development of the property with a hotel is in accordance with the policies and goals set forth in the Town of Avon Comprehensive Plan, dated February 2006; to provide a high proportion of lodging uses in the Town Center to create the needed critical mass of population and activity to energize the Town Center District; and WHEREAS, it is the Town Council's opinion the health, safety and welfare of the citizens of the Avon community 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 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. 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. Rezoning. The Property is hereby rezoned to Town Center and the Official Zoning Map is hereby amended to designate the Property as the Town Center zone district. Section 3. 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 term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and Ord 15 -06 Lot B, Avon Center at Beaver Creek Rezoning May 12, 2015 FIRST READING Page 2 of 4 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 4. 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 5. 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. Section 6. No Existin>i 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 7. 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 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] Ord 15 -06 Lot B, Avon Center at Beaver Creek Rezoning May 12, 2015 FIRST READING Page 3 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on May 12, 2015 and setting such public hearing for May 26, 2015 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. B : C ATTEST: –WA &I& gvjo- I-6knie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on May 26, 2015. B ATTEST: A. D a Je ancher, Mayor Debbie Hoppe, Town Clerk APMOVED AS TO FORM: a Eric J. Heil, ow ttomey Ord 15 -06 Lot B, Avon Center at Beaver Creek Rezoning May 12, 2015 FIRST READING Page 4 of 4