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TC Ord. 18-05 Approving a Rezoning Application for the Colorado World Resorts (Folson) AnnexationTOWN OF AVON ORDINANCE 18-05 APPROVING A REZONING APPLICATION FOR THE COLORADO WORLD RESORTS (FOLSON) ANNEXATION, FROM PLANNED UNIT DEVELOPMENT TO THE RESIDENTIAL HIGH DENSITY, OPEN SPACE, LANDSCAPING AND DRAINAGE, AND SHORT TERM RENTAL OVERLAY ZONE DISTRICTS RECITALS 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, Colorado World Resorts, LLC ("Applicant") has submitted a Rezoning application for certain property to apply the Residential High Density ("RH"), Open Space, Landscaping, and Drainage ("OLD"), and Short Term Rental Overlay ("STRO") zone district classifications, such property is described as follows: 38388 Highway 6, Avon, CO 81620; as is also described in the Quit Claim Deed, recorded in the Eagle County Clerk and Recorder's office at Reception Number 201803580 ("Property"); WHEREAS, the Town's Planning & Zoning Commission ("PZC"), after publishing and posting notice as required by law, held a public hearing on April 17, 2018; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence, agency referrals, and staff report dated April 17, 2018; and then took action with a unanimous recommendation to the Town Council for approval of the Application with approval of Findings of Fact and a Record of Decision; and WHEREAS, in accordance with AMC Section 7.12.020, Town Council, and in addition to other authority granted by the Town Charter, its ordinances and 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, 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 8, 2018 and May 22, 2018, 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, pursuant to AMC Section 7.16.050(c), Review Criteria the Town Council has considered the applicable review criteria for a Rezoning application; and Ord 18-05 CO World Resorts Rezoning May 22, 2018 SECOND READING Page 1 of 5 WHEREAS, the Application complies with AMC Section 7.16.050(c), Review Criteria, and is consistent with the Comprehensive Plan's goal of providing a balance of land uses, and inviting guest accommodations that strengthen Avon's identity as both a year-round residential community and a tourism center; and WHEREAS, the Property is physically suitable for residential land use at a density and scale outlined in AMC Section 7.24.040, Table of Allowed Uses; and WHEREAS, the Application is in conformance with the Future Land Use Map's designations in the Avon Comprehensive Plan, which depicts Residential High Density and Open Space land use designations for the Property; 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, 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 and the Official Town of Avon Zoning Map shall be amended to designate the Property as RH, OLD, and STRO as depicted in Exhibit A. 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 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 18-05 CO World Resorts Rezoning May 22, 2018 SECOND READING Page 2 of 5 Section 4. Effective Date. This Ordinance shall take effect 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. 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 7. 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 18-05 CO World Resorts Rezoning May 22, 2018 SECOND READING Page 3 of 5 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on May 8, 2018 and setting such public hearing for May 22, 2018 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. B ATTEST: SE,AL: Jennie Fancher, Mayor Debbie Hoppe, T n Clerk C�ioR ADOPTED ON SECOND AND FINAL READING on May 22, 2018. B ATTEST: av U&P / N OFq y Je e ancher, Mayor Debbie Hoppe, Town Clerk ••. o�, A . APPROVED AS TO FORM: 0,auo Eric.(Heil, Heil, T n Attorney Ord 18-05 CO World Resorts Rezoning May 22, 2018 SECOND READING Page 4 of 5 EXHIBIT A Ord 18-05 CO World Resorts Rezoning May 22, 2018 SECOND READING Page 5 of 5