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TC Ord. No. 2009-08 Buck Creek PUDCO TEAKEJ COUNTY, SIMONTON 200927820 : Oz:93:�3PM REC 12/3012009 REC: 866 6.00 DOOM S IIIIII 1 I III 11111 II 1111 1II III 1111[ II TOWN OF AVON, COLORADO ORDINANCE 09 -08 I /„ SERIES of 2009 U� AN ORDINANCE APPROVING THE BUCK CREEK PLANNED UNIT DEVELOPMENT ( "PUD "), AN AMENDMENT TO THE WILDWOOD PUD, AND APPROVING A PRELIMINARY SUBDIVISION PLAN FOR LOTS 1, 2, 3, & 4, WILDWOOD RESORT WHEREAS, Zehren and Associates. Inc, representing the owners of Lots 1, 2, 3, and 4, Wildwood Resort, has applied for a Planned Unit Development amendment and concurrent preliminary subdivision application (collectively referred to as the `Buck Creek PUD First Amendment application "), pursuant to Section 17.20.110 of the Avon Municipal Code ( "AMC "); WHEREAS, pursuant to the noticing procedures required by law, the Planning & Zoning Commission of the Town of Avon held public hearings on February 17, 2009; March 3, 2009; and March 17, 2009; and considered all comments, testimony, evidence and staff reports provided by the Town Staff prior to formulating a recommendation regarding the proposed Buck Creek PUD First Amendment application; WHEREAS, the Planning & Zoning Commission forwarded a recommendation of conditional approval of the Buck Creek PUD First Amendment application to the Town Council through Planning and Zoning Commission Resolution No. 09 -05; WHEREAS, the Avon Town Council conditionally approved the first reading of this Ordinance on April 14, 2009; WHEREAS, pursuant to noticing procedures required by law, the Town Council held public hearings on April 28, 2009; May 12, 2009; May 26, 2009; June 23, 2009; July 14, 2009; and considered all comments, testimony, evidence and staff reports provided by the Town Staff, including the staff report prepared by Matt Pielsticker, Planner 11, dated March 13, 2009 prior to taking any action on the Buck Creek PUD First Amendment application, WHEREAS, the Town Council finds that Buck Creek PUD First Amendment application substantially complies with the design criteria set forth in Section 17.20.110(h) of the Avon Municipal Code; WHEREAS, Ordinance 09 -08 approves and incorporates by reference the PUD Development Plan attached hereto as Exhibit A: Buck Creek PUD Development Plan; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law and the AMC 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 Ord. No.09 -08 Ruck Creek Plan .Amendment 5 -6 -09 ejh Page I of 5 200927820 1 of 10 Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following: Section 1. Planned Unit Development Amendment. The Buck Creek PUD First Amendment application for Lots 1, 2, 3, and 4. Wildwood Resort is hereby approved subject to the following conditions: A. Phasing: Lot 1 A and/or Lot 3 shall be constructed and shall receive a certificate of occupancy prior to the issuance of any residential permits for Lot l B or Lot 2. B. Snow Storage: The property owner shall demonstrate that the site meets or exceeds the minimum 20% snow storage requirement and associated snow storage easements prior to the issuance of any building permits. C. Plan Amendment: The property owner shall submit a complete application by November 11, 2009 for an amendment to the Town of Avon Comprehensive Plan to update the Future Land Use Map and accurately reflect the Buck Creek PUD First Amendment and associated land uses. D. Water Rights: The Town shall retain and use, at it's sole and absolute discretion, on -site or off -site, any and all water rights previously dedicated to the Town as a condition of approval of the original Buck Creek Planned Unit Development, which water rights are in excess of the minimum water necessary to serve the proposed uses in the Buck Creek PUD First Amendment application. E. Training Tower: The 55' tower feature architectural projection for Lot I is limited to a 400 square feet (20' x 20') horizontal cross section which may be used for training purposes. F. Setback Encroachment: The setback encroachments on Lot 3, as depicted on the Buck Creek PUD Development Plan, are specifically limited to structures owned and used by the Gore Range Natural Science School ( "GRNSS "). The Final Plat shall include a binding and enforceable covenant that in the event any structures which encroach into setbacks from waterway and wetland areas are no longer used or occupied by GRNSS, then the encroaching portion of such structures shall be promptly removed. G. Architectural Design: The material representations made during the PUD hearings, specifically related to the architectural style, shall be the minimum level of design for the Buck Creek PUD First Amendment. H. Material Representations: Except as otherwise modified by this approval, all material representations made by the applicant or applicant representatives in this application and in public hearings shall be binding conditions of approval and shall be performed by the property owner. Ord. No. 09 -08 Back Creek PUD Amendment 8 -6-09 ejh Page 2 of 5 200927820 2 of 10 Section 2. Preliminary Subdivision Plan. The Preliminary Subdivision Plan is hereby approved for the Buck Creek PUD First Amendment subject to the following conditions to be satisfied by the Final Plat or concurrently with the Final Plat application: A. Trail Dedication: The property owner shall dedicate to the Town of Avon on the Final Plat a fifteen (15) foot wide easement, generally following the "Buck Creek Connection" trail depicted on the map (dated 4/13109) produced by the Community Development Department through Lots 1 B. 2, and 3, for the construction and use by the general public of a recreation path. The Town of Avon anticipates constructing and maintaining the recreation path, subject to available funds and appropriations. The property owner shall not be responsible for constructing or maintaining the recreation path. B. Retaining Walls: All proposed retaining walls, including walls necessary for the construction of Buck Creek Lane, construction drawings for retaining walls and load calculations for retaining walls demonstrating slope stability shall be submitted with the Final Plat application. C. Maintenance Agreement: The property owner shall establish an owners' association and declarations for the property as a condition of Final Plat approval which shall require all future owners to pay for the cost of maintaining, repairing, and replacing all internal roadways, utilities and drainage infrastructure ( "Internal Infrastructure"). and such owners' association and declarations shall be subject to review and approval by the Town of Avon during the Final Plat application review process. Such declarations shall include a covenant that the Town of Avon may assess costs on the property owners within the Buck Creek PUD in the event that the Internal Infrastructure is not maintained. D. Right -of -Way Dedication: The property owner shall dedicate to the Town on the Final Plat additional road right -of -ways along Nottingham Road and Swift Gulch Road, along with associated easements, which are necessary for the construction of the Swift Gulch round -a -bout. Section 3. Vested Property Rights. The approval of the Buck Creek PUD First Amendment application shall not create any vested property rights because the Buck Creek PUD First Amendment development plan does not include a development agreement and therefore does not meet the definition of a site specific development plan as set forth in AMC Section 17.14.020. Section 4. Correction of Errors. Town Staff is authorized 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. Section 5. Execution of Documents. The Mayor and Town Clerk are authorized to execute the Preliminary Subdivision Plan approved by Section 2 of this Ordinance, and other official Ord. No. 09 -08 Buck Creek Pt D Amendment 8-6 -09 ejh Page 3 of 5 200927820 4 of 10 documents associated with the approvals and actions in this Ordinance subject to the condition that the property owner shall first pay in full all amounts due and owing to the Town. Section 6. 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 7. Publication. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three 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 S. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. [signature page follows] Ord. No. 09-08 Buck Creek PUD Amendment8 -6 -09 ejh Page 1 ors 200927820 5 of 10 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED on April 14, 2009, AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 p.m. on April 28, 2009, at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. L, Ronald C. Wolfe, Mayor Published by posting in at least t es in Town and posting at the office of the Town Clerk at least seven days prior fi%al action• y Town Council. ATTEST: S F, A 1UT- P4)VED AS TO FORM: rqC Pat , nny, Town Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on An PO-1), 2009. Ronald C. 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