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
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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.
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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
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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
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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. Wolfe, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
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