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TC Ord. No. 1998-22 Allowing Christmas tree sales as a seasonal use on Lot 1 Wildwood Resort PUDTOWN OF AVON ORDINANCE NO. 98 - 22 SERIES OF 1998 AN ORDINANCE ALLOWING CHRISTMAS TREE SALES AS A SEASONAL USE ON LOT 1, WILDWOOD RESORT PUD; TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Tanavon, Inc., owner of Wildwood Resort PUD, has filed an application with the Town of Avon to amend the existing Planned Unit Development to allow Christmas tree sales as a seasonal use on Lot 1, Wildwood Resort PUD; 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 4 day of Nov. , 199 8 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 OFF THE TOWN OF AVON, COLORADO THAT, the amendment to the Wildwood Resort PUD to allow Christmas tree sales as a seasonal use is approved subject to conditions, based upon the following findings: DocumenV 1. The temporary sales of Christmas trees conform to the mixed -use commercial designation of the property by the Avon Comprehensive Plan. 2. Public services such as police and fire protection are adequate to serve the temporary use. 3. Existing streets and roads are suitable and adequate to carry, anticipated traffic within and near the proposed PUD. AND THIS APPROVAL IS SUBJECT TO THE FOLLOWING CONDITIONS; 1. Portable toilets shall be provided on the site during operation of the temporary tree sales. 2. Outdoor lighting shall be shielded to prevent off site glare (light trespass). 3. Christmas trees and all items related to the tree sales such as fences, signage, and any litter shall be removed from the site by January 2nd. 4. A letter of credit covering clean up costs shall be posted. 5. Dust control shall be provided. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 10th day of November, 1998, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the 24 day of November 1998, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council �ayor Kris Nash, Town Clerk Document? INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED POSTED this 10'' day of November 1998. Town of Avon Town Council 0�� - yor (/' (Y ATTEST: Kris Nash, Town Clerk APPROVED AS TO FORM: To Attorney no&anmt7 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON 1 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 24th DAY OF NOVEMBER 1998, AT THE TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 98-22 SERIES OF 1998: AN ORDINANCE ALLOWING CHRISTMAS TREE SALES AS A SEASONAL USE ON LOT 1, WILDWOOD RESORT PUD; 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 l I day of November, 1998. TOWN,gF AVON, COLORADO mm lash Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON NOVEMBER 13,1998: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY