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TC Ord. No. 2013-03 Lot 61 Rezoning AppTOWN OF AVON, COLORADO ORDINANCE 13 -03 SERIES OF 2013 AN ORDINANCE APPROVING A REZONING APPLICATION FROM THE PLANNED UNIT DEVELOPMENT (PUD) ZONE DISTRICT TO THE TOWN CENTER (TC) ZONE DISTRICT, FOR LOT 1, A RESUBDIVISION OF LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK, TOWN OF AVON, EAGLE COUNTY; APPROVING A MAJOR DEVELOPMENT PLAN APPLICATION; APPROVING AN ALTERNATIVE EQUIVALENT COMPLIANCE APPLICATION; AND APPROVING A DEVELOPMENT AGREEMENT FOR "WYNDHAM — LOT 61 ", LOCATED ON LOT 1, A RESUBDIVISION OF 61, BLOCK 2, BENCHMARK AT BEAVER CREEK WHEREAS, the Town of Avon ( "Town ") is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; WHEREAS, Wyndham Worldwide Vacation Ownership ( "Applicant ") owns real property in the Town, described as follows: "Lot 1, A Resubdivision of Lot 61, an Amendment to Lot 61, Block 2, Benchmark at Beaver Creek Subdivision ( "Property ") "; WHEREAS, the Applicant submitted a Rezoning Application to rezone the Property from the currently zoned Planned Unit Development (PUD) Zone District, to the Town Center (TC) Zone District, a Variance Application, a Major Development Plan Application, and an Alternative Equivalent Compliance Application (collectively the "Application ") to the Town's Community Development Department on September 24, 2012; WHEREAS, Avon Municipal Code ( "AMC ") §7.16.020(b)(4), Concurrent Review, allows concurrent review of multiple development applications, which concern the same property, and the Town's Community Development Director has consented to concurrent review; WHEREAS, the Town's Planning & Zoning Commission ( "PZC "), after publishing and posting notice as required by law, held public hearings on December 4, 2012, December 18, 2012, and January 15, 2013; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence and Town Staff reports; and then took action to adopt Findings of Fact, to make a recommendation to the Town Council; WHEREAS, after conducting these noticed Public Hearings, PZC made the required findings to approve the application; WHEREAS, the Town Council held Public Hearings on February 12, 2013 and February 26, 2013 after posting notice of such hearing in accordance with the requirements of AMC §7.16.020(d), Step 4: Notice, and considered all comments provided before taking action; Ord 13 -03 Lot 61 Rezoning, MDP, AEC, Development Agreement February 26, 2013 Second Reading Page 1 of WHEREAS, pursuant to AMC §7.16.050(c), Review Criteria, the Town Council has considered the applicable review criteria for a Zoning Amendment; WHEREAS, the Applicant and Town Staff have jointly prepared a Development Agreement ( "Agreement ") for Town Council consideration that will equitably and reasonably address various rights and obligations related to ongoing maintenance, revenues and liabilities to promote the successful development and operation of the project on the Property; WHEREAS, in accordance with AMC §7.12.030 (c), Town Council and AMC §7.12.050(c) and (d) and in addition to other applicable regulations in the Avon Municipal Code, authority granted by the Town Charter, or State of Colorado, the Town Council has application review and decision - making authority to approve, approve with conditions or deny the Application, and has the authority to negotiate and approve the Development Agreement; WHEREAS, pursuant to AMC §7.16.080(f), Review Criteria, and AMC §7.16.090(f), Review Criteria, and AMC §7.16.120(d), Review Criteria, the Town Council has considered the applicable review criteria for a Major Development Plan, Design Plan, and Alternative Equivalent Compliance application respectively; WHEREAS, the Town Council finds that the approval of the Application is in compliance with the mandatory review criteria as described in the Findings of Fact and Record of Decision, and will provide for orderly growth in accordance with the policy and goals set forth in the Town of Avon Comprehensive Plan, dated February 2006, and the Avon West Town Center District Investment Plan, dated August 2007, and will advance the general welfare of the Town; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing in order to provide the public an opportunity to present testimony and evidence regarding the application, and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1 Recitals Incorporated. The above and foregoing Recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2 Zoning Map Amendment Approved. The Application to rezone the Property from the Planned Unit Development (PUD) Zone District to the Town Center (TC) Zone District is hereby approved. The Official Zoning Map of the Town of Avon shall be amended to change the zoning classification of the Property to Town Center (TC). Section 3 Major Development Plan. The Major Development Plan and Alternative Equivalent Compliance Applications are hereby approved, attached hereto as Exhibit A: Lot 61 Ord 13 -03 Lot 61 Rezoning, MDP, AEC, Development Agreement February 26, 2013 Second Reading Page 2 of 5 Major Development Plan. The approval of the Major Development Plan and Alternative Equivalent Compliance Applications are subject to the following conditions: 1. The Owner will provide the Community Development Department with a full revised Development Plan, which incorporates the changes depicted in the drawings attached (Attachment A) to Matt Pielsticker's February 21, 2013 Staff Report. 2. The applicant will provide a mock -up of exterior materials which shall be reviewed by Avon PZC with the right to appeal to the Town Council in accordance with eth Avon Municipal Code Procedures. Section 4 Approval of Development Agreement. The Development Agreement is hereby approved. The Mayor is authorized to execute the Development Agreement, attached hereto as Exhibit B: Lot 61 Development Agreement. Section 5 Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6 Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7 Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8 No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, Ord 13 -03 Lot 61 Rezoning, MDP, AEC, Development Agreement February 26, 2013 Second Reading Page 3 of entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9 Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on Second Reading by title in at least three (3) public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the Ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. Section 10 Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross - reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. [EXECUTION PAGE FOLLOWS] Ord 13 -03 Lot 61 Rezoning, MDP, AEC, Development Agreement February 26, 2013 Second Reading Page 4 of 5 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 on February 26, 2013 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, CC do. Usevendys RicI Carroll, Mayor Published bn Town Hall, Avon Recreation Center and the Avon Public Library, at lo final action by the Town Council. APP VED AS TO F Eric ei1 own Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on February 26, 2013. tary ATTEST: Ord 13 -03 Lot 61 Rezoning, MDP, AEC, Development Agreement FebrUary 26, 2013 Second Reading Page 5 of 5