TC Ord. No. 24-04 Rezoning Benchmark At Beaver Creek Tract Y, Avon, CO, From Open Space, Landscaping, Drainage To Community Housing High Density -1A
Avon
COLORADO
ORDINANCE 24-04
REZONING BENCHMARK AT BEAVER CREEK TRACT Y,
AVON, COLORADO, FROM OPEN SPACE, LANDSCAPING,
DRAINAGE TO COMMUNITY HOUSING HIGH DENSITY - 1
RECITALS
WHEREAS, the Avon Town of Avon ("Applicant") submitted an application to rezone
Benchmark at Beaver Creek Subdivision Tract Y, Avon, Colorado ("Property") from Open Space,
Landscaping, Drainage to Community Housing High Density-1 for the purpose of creating
Community Housing.
WHEREAS, the Town of Avon Planning & Zoning Commission ("PZC"), after publishing
and posting notice as required by law, held public hearings on September 19, 2023 and January
26, 2024, 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 a Record of Decision on October 17, 2023, and on February 6, 2024 when the revised
application was reheard by the PZC; and in accordance with AMC §7.16.020(f), then took action
to adopt a Findings of Fact and a Record of Decision on March 11, 2024, for a final
recommendation for the Town Council to approve this Application for Rezoning;
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;
WHEREAS, pursuant to the home rule powers of the Town, the Avon Town Council
("Council') has the power to approve ordinances necessary and proper to provide for the
safety, preserve the health, promote the comfort, and convenience of its inhabitants;
WHEREAS, the Council held Public Hearings on October 10, 2023, and March 12, 2024,
after posting notice as required by law, considered all comments, testimony, evidence, Planning
and Zoning Commission recommendations, and Staff reports prior to taking action on the
Application;
WHEREAS, pursuant to AMC §7.16.050(c), Review Criteria and AMC §7.16.010(f)(1),
General Criteria, the Town Council has considered the applicable review criteria for rezoning and
finds that the criteria are met in accordance with these findings;
WHEREAS, the Property is owned by the Town of Avon which is currently zoned Open
Space, Landscaping, Drainage and the Property is intended for use as Community Housing;
Ord 24-04 Rezoning Slopeside BMBC Sub. TV OLD to RH Zone District
March 26, 2024 - FINAL
Page 1 of
WHEREAS, the Council finds that the rezoning from Open Space, Landscaping, Drainage to
Community Housing High Density-1 will promote the Avon Comprehensive Plan and the Avon
Community Housing Plan, and will thereby promote the health, safety and welfare of the Avon
community; and
WHEREAS, approval of this Ordinance on First Reading is intended to confirm 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 Council, or any member of the 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 Council.
Section 2. Rezoning. Benchmark at Beaver Creek Subdivision, Tract Y, Avon, Colorado, is
hereby rezoned from Open Space, Landscaping, Drainage to Community Housing High Density -
l.
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. Council hereby declares that it would have 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.
Section 4. 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 5. Safety Clause. 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 public convenience and welfare. 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,
Ord 24-04 Rezoning Slopeside 11NIBC Sub. TV OLD to RH Zone District
March 26, 2024 - FINAL
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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 March 12, 2024, and setting such public hearing for Second reading for
March 26, 2024, at the Council Chambers of the Avon Municipal Building, located at One Hundred
Mikaela Way, Avon, Colorado.
B
c
illips, Mayor
ATTEST:
Migual Jau/e6i Casanueva,
ADOPTED ON SECOND AND FINAL READING `K March 26, 2024.
11 ATTEST:
y Pl illips, Mayor Migual
VED AS TO FORM:
"Nina P. Williams, Town Attorney
Ord 24-04 Rezoning Slopeside WNW Sub. TV OLD to RH Zone District
March 26, 2024 - FINAL
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