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TC Ord. No. 1985-22ORDINANCE NO. 85 - 22 SERIES OF 1985 ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP OF--THE TOWN OF AVON BY DESIGNATION OF CERTAIN DESCRIBED LAND AS SPECIALLY PLANNED AREA AND APPROVING PRECISE.PLAN-FOR SAID AREA WHEREAS, ALV Venture and Avon Lake Villas Lot 46 Partnership, both Colorado, partnerships, filed an application with the Town of Avon to amend the Zoning District Map of the Town of Avon by rezoning certain real property owned 'by'ALV Venture and Avon Lake Villas Lot 46 Partnership located in the Town of Avon from a present zoning of Residential High Low Density to Residential High Density Commercial, said property legally described as Lots 45 and 46, respectively, Block 2, Benchmark at Beaver Creek Subdivision, County of Eagle, State of Colorado; and WHEREAS, a public hearing was held by the Planning and Zoning Commission of the Town of Avon on October 1, 1985, 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 Planning and Zoning Commission-forwarded a report and recommendation on the proposed amendment to the Town Council recommending denial of the proposed amendment; WHEREAS, after notice as provided by law, a public hearing was held before the Town Council on the 22nd of October, 1985, at -which time_the applicants and the public were given an opportunity to express their opinions regarding the proposed amendment; and Page 1 WHEREAS, based on the evidence, testimony and exhibits, the recommendation of the Planning and Zoning Commission, and a study of the Town of Avon Master Plan, the Town-Council denied the proposed amendment to the Zoning District Map; and WHEREAS, ALV Venture, a Colorado partnership, subsequently filed an application with the Town of.Avon to amend the Zoning District Map of the Town of Avon'by- rezoning certain real property owned by ALV Venture located in the Town of Avon from a present zoning of Residential High Low Density to Specially Planned Area, said proper-ty'-..legally described. as Lot 45-, Block . 2, Benchmark at Beaver Creek Subdivision, County of Eagle, State of Colorado; and WHEREAS, a public hearing was held by the Planning and Zoning Commission of the Town of Avon on November 5, 1985, pursuant to Notice as required by law at which time the applicant and"the public were given an opportunity to express their opinion regarding both the proposed amendment designating Lot 45, Block 2, Benchmark at Beaver Creek Subdivision as Specially Planned Area and-the precise plan for the Specially Planned Area proposed by the applicant pursuant to the requirements of Avon Municipal Code 17.20.070; and WHEREAS, following such public hearing, the Planning and Zoning Commission forwarded a report and recommendation on the proposed amendment and the precise plan to the Town Council recommeding denial of the proposed amendment; and WHEREAS, after notice as provided-by law, a public hearing was held before this Council on the 26th day of November, 1985, at which time the applicant and the public were given an opportunity to express their opinions regarding the proposed amendment and the precise plan; and WHEREAS, based upon the evidence, testimony and exhibits, the recommendation of the Planning and Zoning-Commission, and a study of the Town of Avon Master Plan finds as follows: Page 2 1. That 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 amendment to the Zoning District Map of the Town of Avon is consistent with the Master Plan for the Town of Avon. 4. That amending the Zoning District Map for the Town of Avon to provide for Specially Planned Area Zoning for Lot 45, Block 2, Benchmark at Beaver Creek Subdivision, will be in the best interests of the health, safety, welfare and morals of the citizens of the Town of Avon. 5. That a precise plan for the development of Lot 45, Block Benchmark at Beaver Creek Subdivision was submitted to the Planning and Zoning Commission for review at the public hearing held by the Planning and Zoning Commission on November 5, 1985, and was also submitted for review and approval to the Town Council at the public-hearing held before the Town Council on November 26, 1985. 6. That the precise plan is in conformance with the requirements of Avon Municipal Code 17.20.070, is consistent with the Master Plan for the Town of Avon and-will be in the.best interests of the health, safety, welfare and morals of the citizens of the Town of Avon. Page 3 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 is hereby amended to reflect that Lot 45, Block 2, Benchmark at Beaver Creek .Subdivision, County of Eagle, State of Colorado; in the Town of Avon, shall be and hereby is designated a Specially Planned Area 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". Section 2. The Precise Plan and Allowable Uses. The Precise Plan and Allowable Uses for Lot 45, Block 2, Benchmark at Beaver Creek Subdivision, County of Eagle, State of Colorado shall include the following: (A) The existing structure on-Lot 45, Block 2, Benchmark at Beaver Creek Subdivision,-County of Eagle, State of Colorado,-presently consists of thirty-one (31) three (3) bedroom, three (3) bath, residential condominium units,-which existing units may.be fractionalized and remodeled to consist of up to sixty (60) one (1) bedroom, one (1) bath, residential condominium units with kitchens, provided such fractionalization shall not require the use of more Residential Development Rights than are currently allocated to Lot 45, Block 2, Benchmark at Beaver Creek Subdivision. (B) The allowed uses for Lot 45, Block 2, Benchmark at Beaver Creek Subdivision shall include condominiums, apartments, hotels,, lodges, motels,-time-sharing units, and front desk or reservation desk services related to said allowed uses. (C) There shall be a minimum of one (1) parking space per six hundred (600) residential square feet, but no less than one (1) parking space per-residential condominium unit. Page 4 (D) The precise plan for Lot 45, Block 2, Benchmark at Beaver Creek Subdivision shall conform with the following schedule of setback, building height, open space and building area ratios: MINIMUM BUILDING SETBACK Front 25 feet Side 7.5 feet Rear 10 feet Maximum Building Height 60 feet Minimum-Useable Open Space (Percent total lot area) 25% Maximum Building Area Ratio Per Lot (BAR)(Building Coverage) 0.5-0 The precise plan and allowable uses as more particularly-set forth above-'are'subject-to approval by the Town Council of the final plat for Lot 45, Block 2, Benchmark at Beaver Creek Sub- division, County of Eagle, State of Colorado. 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 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. Page 5 t INTRODUCED, PASSED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 12th day of November, 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 26th of November, 1985, at 7:30 P.M. in the Municipal Offices of the Town. ATTEST: 4~~ D ~W' ' MAYOR INTRODUCED AND PASSED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY THIS 26th day of November , 1985. r MAYOR ATTEST: I1 LJ STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) ICJ 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 26TH DAY OF NOVEMBER, 1985, AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 85-22, SERIES OF 1985: AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP OF THE TOWN OF AVON BY DESIGNATION OF CERTAIN DESCRIBED LAND AS SPECIALLY PLANNED AREA AND APPROVING PRECISE PLAN FOR SAID AREA 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 the Ordinance. This notice given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this 12th day of November, 1985. TOWN OF AVON, Patricia J. DWyle, Town /Cler POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON NOVEMBER 14, 1985: THE MAIN ENTRANCE OF THE POST OFFICE THE MAIN ENTRANCE TO CITY MARKET THE PESTER GAS STATION; AND THE MUNICIPAL BUILDING IN THE MAIN LOBBY