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TC Ord. No. 1999-16 Approving a Rezoning from Town Center PUD Lot 61 Block 2- - - -' 2 i TOWN OF AVON ORDINANCE NO. 99 —16 SERIES OF 1999 AN ORDINANCE APPROVING A REZONING FROM TOWN CENTER (TC) TO PLANNED UNIT DEVELOPMENT (PUD), AND APPROVING THE PUD DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS, FOR LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, IDG_3 LLC, owners of Lot 61, have applied for rezoning, from TC to PUD, and approval of a PUD Development Plan and Development Standards for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on July 6, 1999, 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 rezoning and PUD Development Plan and Development Standards; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed rezoning and PUD Development Plan and Development Standards to the Town Council of the Town of Avon; and WHEREAS,'after notices provided by law, this Council held a public hearing on the 27 day of ju 1 y j , 1999, at which time the public was given an opportunity to express their opinions regarding the proposed PUD Development Plan; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: J:\ COLTNCI L \ORDINANC\1999\99- 16PUD61.doc 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. That the rezoning of Lot 61, Block 2, Benchmark at Beaver Creek Subdivision from Town Center (TC) to Planned Unit Development (PUD) is consistent with goals and objectives of the Town's Comprehensive Plan, is compatible with surrounding neighborhood and is consistent with the public interest. 3. That the Lot 61 development plan and development standards complies with each of the Town of Avon's PUD design criteria and that this proposed development is consistent with the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The.rezoning of Lot 61, Block 2, Benchmark at Beaver Creek Subdivision from Town Center to Planned Unit Development and the Lot 61 PUD Development Plan and Development Standards are hereby approved, subject to the following conditions: 1. The Development Standards be revised as follows: ■ Timeshare and similar uses are allowed by special review. ■ Retail, service commercial and similar uses are allowed on and below the mall level. ■ . Office uses are allowed on floors above the mall level, and elsewhere by special review. ■ Residential and accommodation units are allowed above the mall level, and elsewhere by special review. 2. That a PUD Development Agreement be executed between the Town of Avon and the owners of the Lot 61 PUD. 3. That a Master Deed Restriction Agreement be executed between the Town of Avon and the owners of the Lot 61 PUD to provide for employee housing units equal to ten percent of the dwelling units to be included on site. 4. That the development will adhere to the current Town Center parking regulations. 5. The loading area and exit lane will be widened from 19 to 24 feet. J:\ COLTNCII . \ORDINANC\1999\99- 16PUD61.doc 6. The west access will be widened*to 24 feet 7. Sidewalks will be widened to 15 feet. 8. The owners will be responsible for the following: ■ Acquisition of additional water rights and their subsequent dedication to the Town if needed to amend the Town's Water Augmentation Plan. ■ Capital and operating cost of additional transit services. ■ Capital an&operating costs for additional police and fire protection. ■ Dedication of right -of -way, drainage, pedestrian and utility easements to the Town to accommodate Benchmark Road Street and Streetscape improvements, plus future pedestrian access to the Confluence site via elevated walkway. These -dedications should be sufficient to allow construction of improvements consistent with the Town's Streetscape Design Standards and those improvements constructed in conjunction with the Avon Town Square development. ■ Construction of street improvements to provide a three -lane cross - section, plus curb and gutter and associated curb, gutter and sidewalk, lighting and street furniture. ■ Securing an agreement to allow consolidating the west vehicle-access on Lot 61 with the Seasons east delivery access. 9.-, The development of the Lot 61 PUD shall conform to the PUD Development Plan. Elements not.specifically addressed in the PUD Development Plan shall be governed by Title 17 of the Avon Municipal Code. 10. All technical corrections shall be satisfied. 11. The Town Clerk shall not record this ordinance and exhibits until conditions 1 -10 set above have been_ met. After these are certified to have been fully satisfied by the Community Development Director of the Town of Avon, the Town Clerk shall forthwith record this ordinance and exhibits with the Eagle County Clerk and Recorder. The event of such recording-shall be. exclusively deemed to have satisfied each and every condition of the approval of said PUD and development standards, and the approval thereof for all purposes, shall be then deemed absolute. J:\ COUNCI L \ORDINANC11999\99- 16PUD61.4oc INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 13d' day of July, 1999, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the 2 7 day of Ju 1 y , 1999, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council ji� Yoder, • INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED. this 22nd day of July, 1999, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the 2: day of �y , 1999, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council APPROVED AS TO FORM: Burt Levin, Town Attorney J:\ COUNCIL , \ORDINANC\1999\99- 16PUD61.dce 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 27th DAY OF JULY 1999, AT THE TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 99-16, SERIES OF 1999: An Ordinance Approving a Rezoning from Town Center (TC) to Planned Unit Development, and Approving the PUD Development Plan and Development Standards, for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, 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 19th day of July, 1999. Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JULY 19,1999: 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