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TC Ord. No. 1983-21TOWN OF AVON ORDINANCE NO. #83-21 Series of 1983 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING CODE OF THE TOWN OF AVON BY THE AMENDMENT OF THE ORDINANCES ESTABLISHING SPECIALLY PLANNED AREAS--IN-THE BUCK CREEK AND SWIFT GULCH AREAS OF THE TOWN OF AVON. . WHEREAS, Benchmark at Beaver Creek, a limited partnership, S & G: Partnership, a Colorado Partnership, and Wild ridge.Development Company, a Colorado partnership, have filed,application with the Town. of.Avon,to:amend the zoning district map and the zoning code of the,Town of Avon by effectively transfering certain development rights from the area described as Parcel 1 and Parcel 2, Swift Gulch Addition to the Town of Avon, (hereinafter referred to as "Swift Gulch") to the area described as Lots 5, 52A and.52B, Block 1, Benchmark at Beaver Creek Subdivision, as amended to the date of this Ordinance (hereinafter referred to as "Buck Creek"), through the amendment of the ordinances which previously established the development rights within each respective specially planned area; and. WHEREAS,.public hearings have been held by the- Design Review Board of the Town of Avon, pursuant to notices required by law, at which the applicants and the public were given an opportunity to express their opinions regarding the proposed amendments; and WHEREAS, following such public hearings, the Design Review Board forwarded reports and recommendations on the proposed amendment to the Town Council; and WHEREAS, after notices provided by law, a public hearing was held before this Council on the 10th day of May, 1983, at which time the applicants and the public were given an opportunity to express their opinions regarding the proposed amendment; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Master Plan of the Town of Avon and the recommendations of the Design Review Board-of the Town of.AVon, this Council finds as follows: 1. The 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. 2. That the hearings-before the Design Review Board and the Town Council were both extensive and complete and that all pertinent facts,*matters and issues were submitted at those hearings. 3. That the proposed amendments to the Zoning District Map and Zoning Code of the Town of Avon are consistent with the Master Plan-of the Town of Avon, provid- ed-that certain limitations hereinafter set forth be estab- lished in association with the respective specially planned areas. 4. That the requested amendment to the Zoning District and the Zoning Code of the Town of Avon will be in the best interest 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 Swift Gulch SPA. Section 1 of Ordinance No. 81-35 of the Town of Avon shall be and hereby is amended to read as follows: The Zoning District Map of the Town of Avon shall 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 Municipal Code of the Town of Avon, as may from time to time be in effect, provided the uses permitted on such lands shall be limited to the following: 80 residential multi-family dwelling units or 160 hotel,-motel and/or lodge (accomodation) units, or a combination thereof which shall be-limited by considering one multi-family dwelling unit"as the equivalent of two accomodation units, and imposing the above -160 accomodation"unit limit on the property. Related commercial as allowed in"the SC (Shopping Center zone district. Section 2. Amendment to Buck Creek SPA. Section 1 of Ordinance No. 82-20 of the Town of Avon shall"be and hereby is amended to read as follows: The Zoning District Map of the Town of Avon shall be and hereby is amended to reflect that the certain real property as"more fully and legally described hereinabove, shall be and he 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 Municipal Code of the Town"of Avon, as may from time to time be in effect, provided.the uses permitted on such lands"shall be limited to the-following uses: A. 50 residential.,multi-family dwelling units, together with accessory uses, jocated "-.northeast,,of the line described on Exhibit A 'hereto: B:~. -200 hotel, motel, and/or.lodge (accomodation) units together with accessory uses and -related commercial uses as allowed in the NC (Neighborhood Commercial) zone district, to be located southwest of the line described on Exhibit A"hereto. C. Private park and recreation and related commercial uses including 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. - 2 - Provided however, the only uses permitted on an independently existing Lot 52A shall be 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 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. Provided however, that if the present Lot 52A legal description is changed or eliminated as a result of subsequent replatting, then in said event the underlying real property shall be deemed to have the same zoning allowed use as the property to which it (Lot 52A) has been platted as a part therein. Section 3. Effective Date. The amendment to the Zoning District Map and the Zoning Code of the Town of Avon provided for herein shall take effect in accordance with the charter and the ordinances of the Town of Avon, and the Mayor Pro Tem and the Town Clerk are hereby directed and authorized to execute such documents as may be required to reflect the amendment herein authorized, and to file a certified copy of such documents with the County Clerk and Recorder of Eagle County, Colorado. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, THIS 26th day of April, 1983 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 10th day of May, 1983 at 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Mayo ro em ATT ST: s/ P Patricia J. yle Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this 10th day of May, 1983. 6ty~ /s, Mayo Pro Tem ATTEST: /s/ _ J y Be eputy Town Clerk 03:5/12/83 - 3 - 6 0 EXHIBIT "A" TO ORDINANCE NO. 83-21 A line beginning at a point on the northwesterly right-of-way line of the Buck Creek Road which is a part of Block 1, Benchmark at Beaver Creek Subdivision, as amended, such point being de- scribed as lying S 38027109"W, 1200.00 feet from the intersection of the northwesterly R/W line of Buck Creek Road and the east line of the NWaSEh of Section 1, T5S, R82W of the 6th P.M., said line then extends S 51032151"E, 471.14 feet to point on the south- easterly line of said lot 52B, said point lying S 47044'59"W, 516.49 feet from the intersection of the southeasterly line of said lot 52B and the east line of the NASEQ of said Section 1. STATE OF COLORADO ) 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 10TH DAY OF MAY, 1983 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. #83-21, SERIES OF 1983: AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING CODE OF THE TOWN OF AVON BY THE AMENDMENT OF THE ORDINANCES ESTABLISHING SPECIALLY PLANNED AREAS IN THE BUCK CREEK AND SWIFT GULCH AREAS OF THE TOWN OF AVON. A copy of said Ordinance is attached hereto and is also on file at the office of the town clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this 27th day of April, 1983 N, COL O ;OG Patricia J. oyle, Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON April 28th , 1983. 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