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TC Ord. No. 1994-10 Providing rezoning of Lot 3, Block 3TOWN OF AVON ORDINANCE NO. 94 - 10 SERIES OF 1994 AN ORDINANCE PROVIDING FOR THE REZONING OF LOT 3, BLOCK 3, BENCHMARK AT BEAVER CREEK SUBDIVISION FROM RESIDENTIAL HIGH DENSITY COMMERCIAL TO PLANNED UNIT DEVELOPMENT AND ESTABLISHING A DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS RELATED THERETO WHEREAS, Elk Meadow Partnership has filed an application with the Town of Avon to amend the zoning on Lot 3, Block 3, Benchmark at Beaver Creek Subdivision from Residential High Density Commercial to Planned Unit Development; and WHEREAS, a public hearing has been held by the Planning and Zoning Commission of the Town of Avon, pursuant to notices required by law, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed amendment; and WHEREAS, following such public hearing, the Planning and Zoning Commission forwarded reports and recommendations on the proposed amendment to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, a public hearing was held before this Council on the 8th day of March, 1994, at which time the applicant 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 Comprehensive Plan of the Town of Avon and the recommendation 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 rezoning to Planned Unit Development is consistent with the Comprehensive Plan of the Town of Avon. 4. That the requested rezoning to Planned Unit Development 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 - TITLE The Planned Unit Development for Lot 3, Block 3, Benchmark at Beaver Creek Subdivision shall be known as Westgate Planned Unit Development. SECTION 2. - REZONE Lot 3, Block 3, Benchmark at Beaver Creek Subdivision be rezoned from Residential High Density Commercial to Planned Unit Development and establish a PUD Development Plan and PUD Development Standards related thereto. SECTION 3 - DEVELOPMENT PLAN A. The Westgate PUD and the development plan therefore, is hereby approved for development within the Town of Avon, Colorado. B. The Development Plan for the Westgate PUD is approved and shall constitute the plan for development within the Westgate PUD. The Westgate PUD Development Plan map was prepared by Oliver, Glidden & Partners, dated February 11, 1994. SECTION 4 - DEVELOPMENT GUIDELINES The Development Guidelines for the Westgate PUD shall serve as the governing regulations which will control development within the Westgate PUD. These Development Guidelines shall serve as the Zone District Regulations required by Section 17.20.110 (I) of the Zoning Code of the Town of Avon. WESTGATE DEVELOPMENT GUIDELINES A. Minimum Lot Area: Minimum lot area shall be as indicated upon the Westgate Development Plan. B. Site Dimensions: Site dimensions shall be as indicated upon the Westgate Development Plan. C. Permitted Uses: A two -story retail/office building and associated parking and landscaping. Uses shall include: 1. Retail Stores 2. Professional Offices 3. Personal Service Shops 4. Restaurants D. Minimum Building Setbacks. Front - 25' Rear - 10' Parking shall be allowed to encroach 20' into the required front setback. Roof overhangs shall be allowed in the rear setback as indicated on the PUD Development Plan. A trash enclosure shall be allowed in the rear setback as indicated on the PUD Development Plan. E. Maximum Building Height: 48' F. Maximum Site Coverage: 30% G. Minimum Landscape Area: 20% H. Maximum Density: N/A I. Parking: Required parking shall be in accordance with Section 17.24.020 (C) 2 of the Town of Avon Municipal Code. J. Suns: All sign erected on the property shall conform to the Town of Avon Sign Code. SECTION 5 - AMENDMENTS Amendments to the approved Development Plan which do not change its substance may be approved by the Planning and Zoning Commission at a regularly scheduled public hearing in accordance with the provisions of Section 17.28. Amendments which do change the substance of the Development Plan shall be required to be approved by Town Council after the above procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the Development Plan. SECTION 6 - CONDITIONS OF APPROVAL FOR REZONING OF LOT 3, BLOCK 3 BENCHMARK AT BEAVER CREEK SUBDIVISION A. The PUD Development Plan and PUD Guidelines, including allowed uses, site access, parking and development standards, be incorporated into and binding upon the PUD zone district designation for Lot 3, Block 3, BenchmarK at Beaver Creek Subdivision. B. Applicant will provide adequate pedestrian access to the property. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 8th day of March , 1994, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the 22nd day of March , 1994, at 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council J Albert J Rey �7EST: Patty Neyha , Tov6 Clerk INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED POSTED this 22nd ATTEST: i Patty Neyha , To Clerk APPROVED AS TO FORM c Lmlel Tow Attorney day of March -,1994. Town of Avon Town Council • • r• or 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 22ND DAY OF MARCH, 1994, AT THE TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 94 -10, SERIES OF 1994: AN ORDINANCE PROVIDING FOR THE REZONING OF LOT 3, BLOCK 3, BENCHMARK AT BEAVER CREEK SUBDIVISION FROM RESIDENTIAL HIGH DENSITY COMMERCIAL TO PLANNED UNIT DEVELOPMENT AND ESTABLISHING A DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS RELATED THERETO 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 is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 9th day of March, 1994. TOWN OF AVON, COLORADO BY: Patty Ne har Town Cle k POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MARCH 9, 1994; AVON POST OFFICE IN THE MAIN LOBBY CITY MARKET IN THE MAIN LOBBY COASTAL MART, INC.; AND AVON MUNICIPAL BUILDING IN THE MAIN LOBBY