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EB PUD PZC Res. No. 86-01TOWN OF AVON PLANNING AND ZONING COMMISSION RESOLUTION NO. 86 -1 SERIES OF 1986 A RESOLUTION FROM THE TOWN OF AVON PLANNING AND ZONING COMMISSION RECOMMENDING THE AVON TOWN COUNCIL APPROVE ORDINANCE 86 -12 AMENDING THE ZONING MAP OF THE TOWN OF AVON BY THE INCLUSION OF CERTAIN PROPERTY (EAGLEBEND SUBDIVISION) IN THE SPECIALLY PLANNED AREA ZONE DISTRICT WHEREAS, Eaglebend, a partnership, has filed application with the Town of Avon to amend the zoning district map to include the property ( Eaglebend Subdivision) in the specially planned area zone district of the Town of Avon; and WHEREAS, public hearings have been held by the Planning and Zoning Commission of the Town of Avon, pursuant to notices required by law, at which the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed amendment; and WHEREAS, following such public hearings and consideration of such information as presented, the Planning and Zoning Commission finds as follows: 1. The proposed Specially Planned Area Zone District and designated zoning criteria is compatible with the surrounding area; 2. The proposed Specially Planned Area Zone District is in harmony with the character of the neighborhood; 3. The proposed development would generally have a positive effect on the immediate area; 4. The proposed Specially Planned Area will have a positive effect upon future development of the area; 5. The exceptions from the zoning ordinance requirements and limitations are warranted by virtue of the design and amenities incorporated in the site plan; 6. Land surrounding the proposed Specially Planned Area can be planned in coordination: with the proposed Specially Planned Area; 7. The proposed Specially Planned Area is in conformance with the general intent of the Master Plan and general intent of the Master Plan and general zoning ordinance; 8. The existing and proposed streets are suitable and adequate to carry anticipated traffic within the area and in the vicinity of the area; 9. The existing and proposed utility services are adequate for the proposed development; 10. The Specially Planned Area creates a desireable environment; 11. The Specially Planned Area makes it possible for the creation of an innovative and efficient use of the property. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE TOWN OF AVON, COLORADO, THAT: The Planning and Zoning Commission of the Town of Avon, Colorado hereby recommends the Town Council of the Town of Avon, Colorado adopt ORDINANCE 86 -12, Series of 1986, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING MAP OF THE TOWN OF AVON BY THE INCLUSION OF CERTAIN PROPERTY IN THE SPECIALLY PLANNED AREA ZONE DISTRICT, subject to: 1. Completion of the annexation process; 2. Approval and recording of a Final Subdivision Plat for Eaglebend Subdivision showing land divisions, allowed uses, densities and zoning restrictions as noted on EXHIBIT B (Zoning Plat for Eaglebend); -2- 3. The following modifications to EXHIBIT B: Area I a. Reduce assigned Development Rights from 67 to 56 Residential Development Rights; b. Reduce Maximum Building Area Ratio from 50 percent to 35 percent; C. Increase Minimum Useable Open Space from 25 percent to 35 percent and add note to include outdoor recreational facilities such as tennis courts and swimming pools in useable open space calculations. Area II a. Reduce Maximum Building Area Ratio from 50 percent to 25 percent; b. Add note to reduce designated building setback requirements by 2 feet at a minimum distance of 10 feet above ground level. Area III a. Reduce Maximum Building Area Ratio from 50 percent to 20 percent; b. Increase Minimum Useable Open Space from 25 percent to 60 percent. Area IV a. Reduce Maximum Building Area Ratio from 50 percent to 25 percent; b. Increase Minimum Useable Open Space from 25 percent to 40 percent. Area V a. Increase the designated front lot setback on Lots 16, 17, and 18 from 20 feet to 25 feet. APPROVED THIS 20TH DAY OF MAY, 1986. Patricia Cuny, Secretary -3- Michael S. Blair, Chairman RESOLUTION 89 - 9 SERIES OF 1989 RESOLUTION FROM THE TOWN OF AVON PLANNING AND ZONING COMMISSION RECOMMENDING THE AVON TOWN COUNCIL APPROVE AN AMENDMENT TO AVON TOWN COUNCIL RESOLUTION 88 - 27, DELETING CONDITION NO. 1, "RESIDENTIAL USE IS RESTRICTED TO A TENANT BUSINESS OF THE WOLFF WAREHOUSE, LOT 23, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION." WHEREAS, Henry and Ester Wolff, owners of Lot 23, Block 1, Benchmark at Beaver Creek, have requested the approval of an amendment to Avon Town Council Resolution 88 - 27, which would delete condition No. 1, "Residential use is restricted to employees of the tenant business of the Wolff Warehouse, Lot 23, Block 1, Benchmark at Beaver Creek ", in order to allow for an onsite building manager; and WHEREAS, a residential use in connection with a business is allowed as a Special Review Use in the IC (Industrial Commercial) Zone District; and WHEREAS, the Planning and Zoning Commission has held a public hearing and has determined that the proposed use: 1. Otherwise complies with all requirements imposed by the Zoning Code; and 2. Is consistent with the objectives and purposes of the Zoning Code; and 3. Is deemed compatible with surrounding land uses and uses in the area. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE TOWN OF AVON, COLORADO, THAT: The Planning and Zoning Commission hereby approves and recommends the Town Council of the Town of Avon, Colorado approve the amendment to the Avon Town Council Resolution 88 - 27, which would delete the condition that states, "l. Residential use is restricted to employees of the tenant business of the Wolff Warehouse, Lot 23, Block 1, Benchmark at Beaver Creek. ", subject to: 1. Use of the residential unit be restricted to the employee of the landlord and no subletting of that apartment is allowed. 2. That young children between the ages of 2 and 10 be prohibited from living on site because of the proximity of the traffic and hazards. 3. That this Special Review Use be reviewed the first meeting of February 1990. APPROVED THIS DAY OF Q,%y , 1989. / P Denise Hill, Secretary Frank Doll, Chairm n