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TC Res. No. 2016-05 Approving #PUD16001, A Minor PUD Amendment to the Riverside PUDAvon TOWN OF AVON RESOLUTION NO. 16 -05 Series of 2016 A RESOLUTION APPROVING FILE #PUD16001, A MINOR PUD AMENDMENT TO THE RIVERSIDE PUD, TOWN OF AVON, EAGLE COUNTY, STATE OF COLORADO WHEREAS, a Minor PUD Amendment Application ( "Application "), was submitted to the Community Development Department of the Town on January 4, 2016 by Red House Avon LLC ( "Applicant "); and WHEREAS, the Application requests to amend the zoning of Lot 2, Riverside Subdivision, to remove eight (8) assigned residential development rights, and allow public access to the river through the property, as well adding the right to construct a "recreation cabin" for private use on the property, in addition to other uses specified in the January 4, 2016 application; and WHEREAS, the Application was reviewed as a "Minor PUD Amendment" pursuant to code section 7.16.060(1)(ii), Avon Development Code. WHEREAS, the Planning and Zoning Commission held a public hearing on February 16, 2016 after posting notice of such Public Hearing in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all comments provided; and WHEREAS, the Planning and Zoning Commission recommended that the Town Council approve the Application; and WHEREAS, the Avon Town Council held a public hearing on March 8, 2016, and after posting notice as required by law, considered all comments, testimony, evidence and staff report prior to taking action on the Application; and WHEREAS, the Avon Town Council has examined the review criteria set forth in §7.16.060(e)(4) and made the following findings regarding the Application: (1) The Application was processed in accordance with §7.16.060(h), Amendment to a Final PUD, which allowed the application to be processed as a minor amendment pursuant to §7.16.060(h)(1)(ii), Minor Amendment, and utilized the review criteria set forth in §7.16.060(e)(4), Preliminary PUD Review Criteria; and, (2) The Application is in substantial compliance with §7.16.060(e)(4), Preliminary PUD Review Criteria, AMC based upon review of the Application, the Town staff report and other evidence considered by the Avon Town Council at the public hearing; and, Resolution 16 -06 PUD16001 - Minor PUD Amendment TC March 8, 2016 Page 1 of 2 (3) The Application will not result in adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; and, (4) Building impacts on -site are reduced by removing the assigned eight (8) timeshare /condominium rights, and adding restrictions on the height of a potential recreation cabin. (5) The Application is in conformance with policy recommendations in the Avon Comprehensive Plan, including securing and maintaining "appropriate public access along the river" in the Nottingham Station/Eaglebend Residential District. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that PUD 16001, a Minor PUD Application for the Riverside PUD, Town of Avon, State of Colorado, is hereby approved. ADOPTED March 8, 2016, AVON TOWN COUNCIL By: Je nie Fancher, Mayor Resolution 16 -06 PUD16001- Minor PUD Amendment TC March 8, 2016 Page 2 of 2 Attest: '4 Debbie Hoppe, TowA derk