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PZC Res. No. 2004-12TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04 -12 A RESOLUTION DENYING THE REZONING FROM OPEN SPACE, LANDSCAPING AND DRAINAGE (OLD) TO RESIDENTIAL MEDIUM DENSITY (RMD) FOR THE 40 ACRES PARCEL KNOWN AS WEST AVON, FOREST SERVICE ANNEXATION— PARCEL B, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Vail Corporation Inc., has applied for a rezoning from OLD to RMD for the lower 40 -acre portion of the parcel known as "West Avon ", Forest Service Annexation- Parcel B as described in the application dated March 8, 2004, as stipulated in Title 17, of the Avon Municipal Code; and WHEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Avon, pursuant to notices required by law, 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 application; and WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered the following: A. Is the proposed rezoning justified by changed or changing conditions in the character of the area proposed to be rezoned? B. Is the proposed rezoning consistent with the Town of Avon Comprehensive Plan? C. Is the proposed use(s) compatible with the surrounding area or uses? D. Are adequate facilities available to serve development for the type and scope suggested by the proposed zone? NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby denies the Rezoning application from OLD to RMD for the lower 40 -acres of the West Avon Parcel, Forest Service Annexation — Parcel B, as described in the application dated March 8, 2004, as stipulated in Title 17, of the Avon Municipal Code, Town of Avon, Eagle County, Colorado, based upon the following findings: 1. The proposed rezoning is not justified by changed or changing conditions in the character of the West Avon parcel. 2. The proposed rezoning is inconsistent with the Town of Avon Comprehensive Plan because it fails to comply with the following goals and policies: Goal A2 Ensure that annexed land and adjacent uses are compatible with the community. Policy A2.1 Parcels of land to be annexed will be master planned in conformance with the Land Use Plan and design standards, and clearly show physical, visual and functional connections with the existing Town. Goal A3 Maintain a compact urban form that respects and preserves the natural beauty of the valley, river and surrounding mountains, and maintains distinct physical and visual separations between Avon and surrounding communities. Policy A3.7 Steep slopes in and around the community should be designated and preserved as open space wherever possible. Goal C2 Provide for affordable housing for permanent and seasonal residents that is safe, attractive and integrated with the community. Policy C2.2 Wherever possible, affordable housing will be integrated with, rather than separate from, the rest of the community. Policy D 1.2 New development should only occur where it can be adequately served by public facilities and services. Policy E1.1 Streets should, to the extent possible, effectively accommodate transit, pedestrian, bicycle and other modes of transportation. Goal F1 Make Avon's unique natural setting and its open space system central elements to its identity and structure. Policy F1.1 Future development and redevelopment shall minimize degradation to the environment, particularly in sensitive natural areas. Policy F1.2 Development shall not be allowed on steep hillside areas vulnerable to environmental and visual degradation. Goal G1 Provide an exceptional system of parks, trails, and recreational programs to serve the year -round leisure time needs of area residents and visitors. 3. The proposed use as RMD is incompatible with the surrounding area and uses. 4. There are not adequate facilities available to serve this development for the type and scope suggested by the proposed zone. Adopted this 20`x` day of April, 2004 Signed: Date: Chris Evans, Chairman Attest: Date: 41 ):2z O Terry Smith, S retary F:\Planning & Zoning Commission\Resolutions\2003\Res 03 -07 L13 B1 BMBC SRU Fiasco.doc