TC Ord. No. 1997-04 Extending the approval period for a temporary Garden Center on Lot 1TOWN OF AVON
ORDINANCE NO. 97-4
610 11=I.Y6JsL•S' A
AN ORDINANCE EXTENDING THE APPROVAL PERIOD FOR A
TEMPORARY GARDEN CENTER ON LOT 1, AND NURSERY
MATERIAL STORAGE ON LOT 2, WILDWOOD RESORT PUD,
TOWN OF AVON, EAGLE COUNTY, COLORADO (COLORADO
ALPINES) THROUGH JUNE OF 1998.
WHEREAS, Colorado Alpines Inc., has filed an application with the permission
of Tanavon Corporation, owner of Lots land 2, Wildwood Resort, to amend the existing
Planned Unit Development to allow a seasonal garden center on Lot 1 and the temporary
storage of trees and nursery stock on Lot 2 through June of 1998, 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 2 2nd day of Apri 1 , 1997, 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 PUD to allow the
seasonal garden center on Lot 1 and the storage of trees and nursery stock and equipment
on Lot 2 through June, 1998 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. That" portable toilets continue to be provided on the site.
2. Any outdoor lighting be downcast and shielded so as to not generate off site glare
(light trespass).
3. 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 2, 1998 after the Christmas tree"
sales have been completed for the season.
4. 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 August 30, 1998.
5. The letter of credit be extended through August 30, 1998.
6. Dust control be continued.
7. 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.
8. The site shall be cleaned up to the Town's satisfaction prior to April 30, 1997.
9. The applicant shall furnish to the Town by 5:00 p.m. April 30, 1997, an executed
lease authorizing Colorado Alpine 's use of the property through June of 1998.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED POSTED, this 8th day of Apri 1 , 1997, 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 April , 1997, at 5:30
P.M. in the Municipal Building of the Town of Avon; Colorado.
Town of Avon, Colorado
Town Council
Jack�Fawcett, Mayor.
EST:
Patty Lambert, CMC, Town Clerk
INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED
POSTED this 22nd day of April , 1997.
Town of Avon
Town Council
Jack Fawcett, Mayor
Jack Fawcett, Mayor
Patty Lambert,
QC, Town Clerk
APPROVED AS TO FORM:
Town ALrney
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 5:30 P.M. ON THE 22ND
DAY OF APRIL, 1997, AT THE TOWN MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 97 -4
SERIES OF 1997:
AN ORDINANCE EXTENDING THE APPROVAL PERIOD FOR A TEMPORARY
GARDEN CENTER ON LOT 1, AND NURSERY MATERIAL STORAGE ON LOT
2, WILDWOOD RESORT PUD, TOWN OF AVON, EAGLE COUNTY, COLORADO
(COLORADO ALPINES) THROUGH JUNE, 1998
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 10th day of April, 19,9,7'
TOWN OF AVON, COLORADO
BY:
Patty Lambe t,
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
APRIL 10, 1997;
EAGLEBEND APARTMENTS - CLUBHOUSE LAUNDRY;
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY