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TC Ord. No. 1996-19 Amendment of Ord. No. 83-21 PUD BenchmarkTOWN OF AVON ORDINANCE NO. 96-19 SERIES OF 1996 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE 0- 83 -21, PUD DEVELOPMENT PLAN, BENCHMARK SUBDIVISION, (WILDWOOD RESORT) TO ALLOW A SEASONAL GARDEN CENTER ON LOT 1 THROUGH APRIL OF 1997 AND THE STORAGE OF , TREES AND NURSERY STOCK ON LOT 2 THROUGH OCTOBER OF 1997, WILDWOOD RESORT, TOV1N OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Colorado Alpines Inc., has filed an application with the permission of Tanavon Corporation, owner of Lots I and 2, Wildwood Resort, to amend the existing Planned Unit Development to allow a seasonal garden center on Lot I through April 1997 and the temporary storage of trees and nursery stock on Lot 2 through October of 1997, Wildwood Resort; WHEREAS, a public hearing has been held by the Planning and Zoning Commission of the Town of Avon, pursuant to notices rewired 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 12th day of November, 1996, 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: 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. That the hearings before the Planning and Zoning Commission and the '1'o -*vn Council Nvere both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings_ 2. That the proposed wriendment to Planned Unit Development is consistent with the Comprehensive Plan of the To %%m of Avon. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT, the amendment to the Wildwood PUD to allow the seasonal garden center through April, 1997 and the storage of trees and nursery stock and equipment through October. 1997 is approved based upon the following, findings: 1. The property is zoned for a hotel /and or lodging and related neighborhood business uses and the amendment to allow a seasonal garden center 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 a seasonal garden center is a customary use in communities and is consistent with the Comprehensive Plan goals and objectives related to land use 3. The garden center will be allowed only on a temporary basis and will be landscaped with temporary landscaping to enhance'the site during the sales. AND THIS APPROVAL IS SUBJECT TO THE FOLLOWING CONDITIONS: 1. Utilize temporary plant material for screening of the site for the duration of the use, particularly on the west and south sides of the greenhouses 2. That portable toilets continue to be provided on the site. 3. Any outdoor lighting be downcast and shielded so as to not generate off site glare (light trespass). 4. The Christmas trees and all items related to the Christmas tree sales such as fences, and any litter be removed from the site by January 2nd 5. Lot 2 shall be restored to its natural condition and the area be restored with seeding or other appropriate re- vegetation, as determined by staff, by June 30, 1998- 6. The letter of credit be extended through October, 1997. 7. Dust control be continued- 8. Lot 2 be cleaned up prior to October 31, 1996. 9. Both Lots shall be maintained in a neat and orderly manner. INTRODUCED. PASSED ON FIRST READING. APPROVED AND ORDERED POSTED, this 22nd day of October .1496, and a public hearing shall be held at the regular meeting of the Toes Council of the Town of Avon, Colorado on the 12th day of November , 1996, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. "To%,,m of Aron, Colorado T Albert J!Reynblds, Mayor ATTEST: J Patty Lambert, CMC, Town Clerk INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED POSTED this 12th day of November , 1946. ATTEST: Patty Lambert, , Town Clerk APPROVED AS TO FORM: Town /Attorney Town of Avon Town Council Albe�rt J. .. olds, . STATE OF COLORADO 1 COUNTY OF EAGLE SS TONIN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 12TH DAY OF NOVEMBER, 19916, AT THE TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 96 -19, SERIES OF 1995: AN ORDINANCE PROVIDING FOR THE AMENDMENT O: NO. 83 -21, PUD DEVELOPMENT PLAN, BENCHMARK (WILDWOOD RESORT) TO ALLOW SEASONAL GARDEN APRIL OF 1997 AND THE STORAGE OF TREES AND THROUGH OCTOBER OF 1997 ON LOT 2, WILDWOOD OF AVON, EAGLE COUNTY, COLORADO F ORDINANCE SUBDIVISION, CENTER THROUGH NURSERY STOCK{. RESORT, TOWN 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 25th day of October, 1996. TOWN OF A N, COLORADO .. BY Patty Lambe t, CMC Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON OCTOBER 25, 1996; EAGLEBEND APARTMENTS - CLUBHOUSE LAUNDRY; CITY MARKET IN THE MAIN LOBBY COASTAL MART, INC.; AND AVON MUNICIPAL BUILDING IN THE MAIN LOBBY