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TC Ord. No. 2016-13 Rezoning Lots 1, 2A. 2B, 2C, 3 and 5, Mountain Vista Resort Subdivision, Avon, Colorado From Planned Unit Development to Town CenterAvo n OL`:. C' TOWN OF AVON, COLORADO ORDINANCE NO. 16 -13 REZONING LOTS 1, 2A, 2B, 2C, 3 AND 5, MOUNTAIN VISTA RESORT SUBDIVISION, AVON, COLORADO FROM PLANNED UNIT DEVELOPMENT TO TOWN CENTER 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, Points of Colorado, Inc., ( "Applicant ") submitted an application to rezone Lots 1, 2A, 213, 2C, 3 and 5, Mountain Vista Resort Subdivision, Avon, Colorado ( "Property ") from Planned Unit Development to Town Center zone district; and WHEREAS, according to the Avon Municipal Code ( "AMC ") §7.20.080(c), the TC district is intended to provide sites for a variety of uses such as hotels, commercial establislunents, offices and some residential uses in a predominately pedestrian environment. The Town Center should be distinguished from other areas in the Town and serve as the focal point for social, business and cultural activities. This district contains the highest intensity of uses and should serve as the major transit destination as well as provide high levels of pedestrian accessibility. The TC district implements the mixed -use classification of the Avon Future Land Use Plan; and WHEREAS, the Town's Planning & Zoning Commission ( "PZC "), after publishing and posting notice as required by law, held a public hearing on June 9, 2016; 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 Record of Decision on June 7, 2016 and to make a recommendation to the Town Council to approve the Application; and WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in accordance with the requirements of AMC §7.16.020(d), Step 4: Notice, held public hearings on June 14, 2016, and June 28, 2016 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, 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 WHEREAS, pursuant to AMC §7.16.050(c), Review Criteria, the Town Council has considered the applicable review criteria for rezoning and finds that the criteria are met in accordance with the town staff report, dated June 9, 2016 and in accordance with the Findings of Fact; and Ord 16 -13 Rezoning Lots 1, 2A, 2B, 3 and 5, Mountain Vista Resort Subdivision to Town Center FINAL READING — July 26, 2016 Page 1 of 3 WHEREAS, the Property is located in District 1: West Town Center District, an area that is designated as a High Priority District in the Avon Comprehensive Plan that "will be an intensely developed mixed use, pedestrian- oriented area that serves as the primary focus for residential and lodging development within the overall Town Center "; and WHEREAS, the Town Council finds that the rezoning from Planned Unit Development to the Town Center district will promote the Avon Comprehensive Plan for District 1, promote uniformity of zoning regulations in the Town Core area, and will thereby promote the health, safety and welfare of the Avon community; 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. Lots 1, 2A, 213, 3 and 5, Mountain Vista Resort Subdivision, Avon, Colorado, are hereby rezoned from Planned Unit Development to the Town Center district. Section 3. Restatement of Development Agreement, Condition of Rezoning. The Town Council hereby approves the Restated Development Agreement for Tract C, attached hereto as Exhibit A which supersedes the DEVELOPMENT AGREEMENT Confluence and Tract C, dated October 27, 1998, as amended by the Amendment to Development Agreement for Confluence and Tract C, executed by Town on May 17, 2000. The complete execution of the Restatement of Development attached hereto as Exhibit A is a condition of the rezoning. Section 4. 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 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. Ord 16 -13 Rezoning Lots 1, 2A, 213, 3 and 5, Mountain Vista Resort Subdivision to Town Center FINAL READING — July 26, 2016 Page 2 of 3 Section 5. Effective Date. This Ordinance shall in no event take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. 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 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. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on June 14, 2016 and setting such public hearing for June 28, 2016 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. J :1- ancher, Mayor ATTEST: a /4 a� Debbie Hoppe, Towh Clerk ON SECOND AND FINAL READING on July 26, 2016. B�- �s ,i� n n ATTEST: e Fancher, Mayor Debbie Hoppe, TowdClerk APPRO D AS TO FORM: Eric . 1lei , Town Attorney Ord 16 -13 Rezoning Lots 1, 2A, 213, 3 and 5, Mountain Vista Resort Subdivision to Town Center FINAL READING —July 26, 2016 Page 3 of 3