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TC Ord. No. 1982-20ORDINANCE NO. 82-20 SERIES OF 1982 ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP OF THE TOWN OF'AVON-BY= THE INCLUSION OF CERTAIN DESCRIBED LAND IN THE SPECIALLY PLANNED AREA ZONE DISTRICT. BUCK CREEK WHEREAS, Benchmark at"Beaver Creek, a limited partnership, Wildridge Development Company, a partnership, Buck Creek S.A., a Panama corporation, and S & G Partnership, a partnership, have consented to an application by the Town of Avon pursuant to Chapter 17.28 of the Avon Municipal Code, 1981, to amend the Official Zoning District Map-of the Town of Avon by the inclusion of certain real property described as Lot 5, 52A and 52B, Block 1, Benchmark at Beaver Creek Subdivision, as per the plat recorded in Book 337 at Page 367, County of Eagle, State of Colorado, within the Specially Planned Area Zone District (SPA); and WHEREAS, a public hearing was held by the'Design Review Board of the Town- of Avon on November 4 and November 18, 1982 pursuant to notice as required by law, at which time the applicants and the public were given an opportunity to express their opinions regarding the proposed amendment; and WHEREAS, following such public hearing the Design Review Board forwarded a report and recommendation on the proposed amendment to the Town Council; and WHEREAS, after notice as,provided by law, a public hearing was held before this Council on the 23rd day of November, 1982, at which time the applicants and the public were given an opportunity to express their opinions regarding the proposed amendment; and WHEREAS, based on the evidence,, testimony, and exhibits, and a study of the Town of Avon Master Plan and the recommendations of the Town of-"Avon Design Review Board, this Council finds as follows:.. 1. That proper posting, publication and public notice was provided as required by law for the hearings before the Design Review Board and the Town Council of the Town of Avon, respectively. LJ U 2. That the hearings before the Design Review Board and the Town Council were both extensive and complete and that all pertinent facts, mat- ters and issues were submitted at those hearings. 3. That the subject lands (former Lots 5, 52, 53, 54, 55, 56, 57, 69, Block 1 and Tracts B, S, T, U, X and a portion of C) are presently zoned as follows: Lot 5 - RHDC; Lots 52 through 57 and 69 - RSF; Tracts B, S, T, U and a portion of C - OLD; and Tract X - SPG). 4. That the proposed amendment to the Zoning District Map of the Town of Avon is consistent with the Master Plan for the Town of Avon, provided that the number of residential density units and uses to be built on the sub- ject real property (as presently described) shall be limited as follows: Lot 5 - Condominium or hotel - lodge, 50 units and commercial (no Time Sharing); Lots 52A and 52B - private park and recreation and commercial. Private park and recreation and related commercial lot shall include: Club- house building for indoor and outdoor sports activities and customary support facilities: Swimming pools, tennis courts, archery range, restaurant/lounge, pro shop and other similar activities or services. 5. That Lot 52A, for development purposes, is appropriately a part of Lot 52B. Therefore, Lot 52A should not be permitted to become an isolated lot. The owner of said Lot 52A has consented on the record to require, by covenant, that Lot 52A be used only for open space, landscaping and signage purposes in conjunction with any development of Lot 52B. 6. That the requested amendment to the Zoning District Map of the Town of Avon will be in the best interests of the health, safety, welfare and morals of the citizens of the Town of Avon. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: Section 1. Amendment to Zone District Map. The Zoning District Map of the Town of Avon be and hereby is amended to reflect that the certain real property as more fully and legally described hereinabove, shall be and hereby is included in a Specially Planned Area Zone District as such term is defined and subject to all the terms and conditions thereof set forth in the "Zoning Code of the Town of Avon", provided that -2- said lands shall be permitted no more than the following uses and densities: Lot 5 - Condominium or hotel - lodge, 50 units and commercial (no Time-Sharing); Lots 52A and 52B - Private park and recreation and commercial. Private park and recreation and related commercial lot shall include: Clubhouse building for indoor and outdoor sports activities and customary support facilities: Swimming pools, tennis courts,.archery range,' restaurant/lounge, pro shop and other similar activities or services. Provided further, the only uses per- mitted on Lot 52A,are open space, landscaping and signage. In connection therewith, this Ordinance is conditioned upon the owner-of Lot 52A placing a covenant of record on'said real property requiring that Lot 52A shall only be utilized and developed in connection with Lot 52B and only for the specific purposes permitted by this Ordinance. Also provided, the Developer of any parcel requesting access off Buck Creek Road or Nottingham Drive shall be responsible for the construction and costs of installation of left turn lanes and/or deceleration lanes as required by the Town Engineer. Such facilities shall be constructed to standard town specifications. Section 2. Effective Date. The amendment to the Zoning District Map of the Town of Avon.provided herein shall take effect in accordance with,the Charter and Ordinances"of the Town of Avon, and the Mayor Pro Tem is hereby directed and authorized to execute such maps as may be required to reflect the amendment herein authorized, and to file a certified copy of the amended Zoning District Map with the County Clerk and Recorder of Eagle County, Colorado. INTRODUCED, PASSED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, THIS 28th day of-September, 1982, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on.the 23rd day of November, 1982, at 7:30 p.m. in the Municipal Offices of the Town. AMM OT. Mayor -3- • 0 INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED -4- BY TITLE ONLY THIS 23rd DAY OF NOVEMBER, 1982 • • STATE, OF G COLGRAD ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF-A PUBLIC HEARING BEFORE-THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 23RD DAY OF. NOVEMBER, 1982 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, ,COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.#82=20, SERIES OF 1982: ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP OF THE TOWN OF AVON BY THE INCLUSION OF CERTAIN DESCRIBED LAND IN THE SPECIALLY PLANNED AREA ZONE DISTRICT. BUCK CREEK A copy of said Ordinance is'attached hereto and is also on file at the office of the Town Clerk and may be inpsected during regular business hours. Following this hearing, the Council may consider final passage of the Ordinance. This notice given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this 18th day of October, 1982. AVON, CO 0 i a oyle , Tc POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON 18th day of October, 1982: THE MAIN ENTRANCE OF THE POST OFFICE, THE MAIN ENTRANCE TO CITY MARKET, THE PESTER GAS STATION; AND THE MAIN LOBBY IN THE MUNICIPAL BUILDING