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TC Ord. No. 1985-049- G~ TOWN OF AVON e 6 4 ORDINANCE NO. 85-4 1 Series of 1985 NE?'ir PHILLIPS! AN ORDINANCE AMENDING ORDINANCE NO. 83-21 AND PROVIDING j aALE GTY.HEGBRpER FOR THE AMENDMENT OF THE ZONING CODE OF THE TOWN OF AVON BY THE AMENDMENT OF THE ORDINANCES ESTABLISHING SPECIALLY I 8 11 I~ •07 PLANNED AREAS IN THE BUCK CREEK AND SWIFT GULCH AREAS OF AUG THE TOWN OF AVON. - WHEREAS, Section 36, Inc., a Colorado corporation, and Wildridge 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 transferring 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 presently described as Lots 5, 52A and 52B of the Buck Creek SPA which, upon approval of the new Final Plat shall be hereinafter described as Lots 1, 2, 3 and 4 of the Wildwood Resort Subdivision (hereinafter referred to as "Wildwood Resort"), 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 Planning and Zoning Commission 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 Planning and Zoning Commission 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 9th day of April, 1985, 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 Planning and Zoning Commission 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 Planning and Zoning Commission and the Town Council of the Town of Avon. 2. That .the hearings before the Planning and Zoning Commission 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, provided that certain limitations hereinafter set forth be established 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.', of Ordinance 83-21 shall be and rThe Zoning District Map of to-reflect that the certain real herein'above, shall be and hereby "-District as such term is defined 81-35 of the Town of Avon as amended by Section 1 hereby is amended to read as follows: the Town of Avon shall be and hereby is amended property as more fully and legally described is included in a Specially Planned Area Zone 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: 105 residential multiple family dwelling units and/or commercial as allowed in the SC (Shopping Center) zone district. Section 2. Amendment to Buck Creek SPA (to be renamed Wildwood Resort SPA . Section 1 of Ordinance No. 82-20 of the Town of Avon as amended by Section 2 of Ordinance 83-21 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 uses: A. 150 hotel, motel and/or lodge (accommodation) units, together with accessory uses and related commercial uses as allowed in the NC (Neighborhood Commercial) zone district, to be located on Lot 1, Wildwood Resort. B. 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 to be located on Lot 2, Wildwood Resort. C. 50 residential multiple family dwelling units, together with accessory uses, located on Lot 3, Wildwood Resort. D. The only uses permitted on Lot 4, Wildwood Resort, shall be open space, drainage, landscaping and signage. E. The only allowed uses permitted on Tract AA, Wildwood Resort shall be snow storage, landscaping, drainage, signage and open space. F. The only allowed uses permitted on Tract BB, Wild-wood Resort shall be snow storage, landscaping, parking, drainage, signage and open space. 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 March, 1985 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 9th day of ARF.;,,`1985 at 7:30 P.M. in the Municipal Building of the Town of Avon, 6 4 r~ r Pro Tam r"r ,cia jDpc3►te ~t. INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this 9th day of April, 1985. / Mayor ro T em iris cp„J ..eoyle Town Clerk : •!!l:: pit Wlyl\ 1 STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF .A PUBLIC HEARING (SECOND READING) BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 9TH DAY OF APRIL, 1985 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,,COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 85-4, SERIES OF 1985: AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING CODE OF THE TOWN OF AWN BY THE AMENDMENT OF THE ORDINANCES ESTABLISHING SPECIALLY PLANNED AREAS IN THE BUCK CREEK (WILDWOOD RESORT) 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 28th day of March, 1985. - Q - 0 0 9 0 0 91 0 0 9 2 ? 0 0 TL 2 1 0 0 CA a00 CG 7039 00000#.-- 08/08/R5 I TOW VON, COLORADO By - (Patricia J. Doyl , Town Clerk/ POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MARCH 28th, 1985. 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 _ ~ i . _ _ ~ x - - _ ~ _ ~ S ~ I. i 1 ~ _ : t _ L ~~i . ~ ' _ t f J ' , ~ t 1 (1 O