TC Ord. No. 1995-22 Providing Ord.No. 83-21 PUD BenchmarkTOWN OF AVON
ORDINANCE NO. 95 - 22
SERIES OF 1995
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF
ORDINANCE 0- 83 -21, PUD DEVELOPMENT PLAN, BENCHMARK
SUBDIVISION, ( WILDWOOD RESORT) TO ALLOW THE
SEASONAL SALE OF CHRISTMAS TREES ON LOT 1, AND THE
STORAGE OF TREES AND NURSERY STOCK THROUGH JUNE,
1996 ON LOT 2, WILDWOOD RESORT, TOWN OF AVON,
EAGLE COUNTY, COLORADO.
WHEREAS, Oscar Tang, owner of Lots 1 and 2, Wildwood Resort, has filed an
application with the Town of Avon to amend the existing Planned Unit Development to
allow the seasonal sale of Christmas trees on Lot 1 and the temporary storage of trees and
nursery stock through June, 1996 on Lot 2, Wildwood Resort;
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 10th day of October, 1995, 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 amendment to Planned Unit Development is consistent with the
Comprehensive Plan of the Town of Avon.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO THAT, the amendment to the Wildwood Resort PUD to allow
the seasonal Christmas tree sales and the storage of trees and nursery stock through June,
1996 is approved, subject to conditions, with the following findings:
1. The property is zoned for a hotel /and or lodging and related neighborhood
business uses and the amendment to allow Christmas tree sales and temporary
storage of nursery stock is consistent with the commercial zoning of the property
and the commercial designation of the property by the Town of Avon
Comprehensive Plan.
2. That seasonal Christmas tree sales is a customary use in communities and is
consistent with the Comprehensive Plan goals and objectives related to land use
AND THIS APPROVAL IS SUBJECT TO THE FOLLOWING CONDITIONS;
1. Any outdoor lights, other than decorative Christmas tree lights, shall be downcast
and not generate any off -site glare.
2. The use of the lot for Christmas tree sales shall not commence before November
15th, and all Christmas trees, fences, the sales trailer and any other items
associated with the Christmas trees shall be removed from the premises not later
than the following January 2.
3. All nursery stock shall be limited to plants that are on the premises on the date of
first reading of this ordinance and shall be removed from the premises by July 1,
1996 and the site shall be restored to native vegetation by August 1, 1996 to the
satisfaction of the Town.
4. The Christmas tree sales shall be conducted in conformance with the plan
submitted and approved by the Planning and Zoning Commission which is attached
to this ordinance as Exhibit A.
5. A portable toilet shall be provided on site while Christmas tree sales are in
operation.
6. The approval of Christmas tree sales is for the 1995 season only. Sales in each
subsequent calendar year may be extended to the subsequent season (November 15
through January 2), by motion and simple majority vote of the Town Council.
Council may, prior to any motion, request a review and recommendation by
Planning and Zoning Commission.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED POSTED, this 10th day of October, 1995, and a public hearing shall be held
at the regular meeting of the Town Council of the Town of Avon, Colorado on the 24th
day of October, 1995, at 7:30 P.M. in the Municipal Building of the Town of Avon,
Colorado.
Town of Avon, Colorado
To Counc'
,l
Albert J. Reynold , ayor
A
Patty Neyhart, CN4C, Town Clerk
INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED
POSTED this 25th day of Cftober '1995.
Town of Avon
Town Council
LY
Albert J. R olds, yor
A
Patty Neyhart, CMC, Town Clerk
APP_ ROVD AS TO FORM:
Town Attorney
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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 24TH
DAY OF OCTOBER, 1995, AT THE TOWN MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 95 -22,
SERIES OF 1995:
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NO.
83 -21, PUD DEVELOPMENT PLAN, BENCHMARK SUBDIVISION,
(WILDWOOD RESORT) TO ALLOW THE SEASONAL SALE OF CHRISTMAS
TREES ON LOT 1 AND THE STORAGE OF TREES AND NURSERY STOCK
THROUGH JUNE 1996 ON LOT 2, WILDWOOD RESORT, TOWN OF AVON,
EAGLE COUNTY, COLORADO
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 12th day of October, 1995.
TOWN OF AVON, COLORADO
I
Patty Ne hart, CMC
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
OCTOBER 12, 1995;
AVON POST OFFICE IN THE MAIN LOBBY
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
ORDINANCE NO. 95- 23
AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY
THE TOWN OF AVON, COLORADO; ADOPTING BY
REFERENCE THE 1995 EDITION OF THE "MODEL
TRAFFIC CODE FOR COLORADO MUNICIPALITIES;"
REPEALING ALL ORDINANCES IN CONFLICT
THEREWITH; AND PROVIDING PENALTIES FOR
VIOLATION THEREOF.
COLORADO: BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
Section 1. Adoption. Pursuant to parts 1 and 2 of
article 16 of title 31, C.R.S., as amended, there is hereby
adopted by reference Articles I and II, inclusive, of the 1995
edition of the "Model Traffic Code for Colorado Municipalities,"
promulgated and published as such by the Colorado Department of
Transportation, Staff Traffic and Safety Projects Branch, 4201
East Arkansas Ave., Denver, CO. 80222. The subject matter of the
Model Traffic Code relates primarily to comprehensive traffic
control regulations for the Town of Avon. The purpose of this
Ordinance and the Code adopted herein is to provide a system of
traffic regulations consistent with state law generally
conforming to similar regulations throughout the state and
nation. Three (3) copies of the Model Traffic Code adopted
herein are now filed in the office of the Clerk of the Town of
Avon, Colorado, and may be inspected during business hours.
Section 2. Deletions. The 1995 edition of the Model
Traffic Code is adopted as if set out at length save and except
the following articles and /or sections which are declared to be
inapplicable to this municipality and are therefore expressly
deleted: None.
Section 3. Additions or Modifications. The said Code
is subject to the following additions or modifications: None.
Section 4. Penalties. The following penalties,
herewith set forth in full shall apply to this ordinance:
(a) It is unlawful for any person to violate any of
the provisions adopted in this ordinance.
(b) Every person convicted of a violation of any
provision adopted in this ordinance shall be punished by a fine
not exceeding one thousand dollars ($1,000.00) or by imprisonment
not exceeding 180 days, or both such fine and imprisonment.
Section 5. Application. This ordinance shall apply to
every street, alley, sidewalk area, driveway, park, and to every
other public way or public place or public parking area, either
within or outside the corporate limits of this municipality, the
use of which this municipality has jurisdiction and authority to
regulate. The provisions of sections 1401, 1402, 1413, and part
16 of the adopted Model Traffic Code, respectively concerning
reckless driving, careless driving, eluding a police officer, and
accidents and accident reports shall apply not only to public
places and ways but also throughout this municipality.
Section 6. Severability. If any part, section,
sentence, clause or phrase Cif this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity
of the remaining portions of this Ordinance; and the Town Council
for the Town of Avon hereby declares it would have passed this
Ordinance and each part, section, sub - section, sentence, clause
or phrase thereof, irrespective of the fact that any one or more
parts, sections, sub - sections, sentences, clauses or phrases be
declared invalid.
Section 7. Repeal. Existing parts of ordinances
covering the same matters as embraced in this ordinance are
hereby repealed and all ordinances or parts of ordinances
inconsistent with the provisions of this ordinance are hereby
repealed, except that this repeal shall not affect or prevent the
prosecution or punishment of any person for any act done or
committed in violation of any ordinance hereby repealed prior to
the taking effect of this ordinance.
Section 8. Interpretation. This ordinance shall be so
interpreted and construed as to effectuate its general purpose to
conform with the State's uniform system for the regulation of
vehicles and traffic. Article and section headings of the
ordinance and adopted Model Traffic Code shall not be deemed to
govern, limit, modify or in any manner affect the scope, meaning
or extent of the provisions of any article or section thereof.
Section 9. Certification. The Town Clerk shall
certify to the passage of this ordinance and make not less than
three copies of the adopted Code available to the public during
regular business hours.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED POSTED, this day of 1995 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
Z�Sf1-\day of 1995 at 7:30 p.m. in the
Municipal Building of the Town of Avon, Colorado.
Mayor
- Attvst
Town Clerk
INTRODUCED, ASSED ON SECOND READING, APPROVED AND ORDERED POSTED
Town Attorney:
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 28TH
DAY OF NOVEMBER, 1995, AT THE TOWN MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 95 -23,
SERIES OF 1995:
AN ORDINANCE ADOPTING BY REFERENCE THE 1995 EDITION OF
THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES ";
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING PENALTIES FOR VIOLATION THEREOF.
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 16th day of November, 1995.
TOWN OF AVON, COLORADO
BY:
Patty -Ney art, CMC
Town Cler
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
NOVEMBER 16, 1995;
AVON POST OFFICE IN THE MAIN LOBBY
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY