TC Ord. No. 2016-20 Repealing the 2009 Recreational Trails Master Pan and Approving the 2016 Recreational Trails Master PlanAvo n
TOWN OF AVON, COLORADO
ORDINANCE NO. 16 -20
REPEALING THE 2009 RECREATIONAL TRAILS MASTER PLAN AND
APPROVING THE 2016 RECREATIONAL TRAILS MASTER PLAN
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; and
WHEREAS, the Town recognizes and affirms the value of protecting both the natural
environment and abundant recreational experiences; and
WHEREAS, the Avon Town Council's Strategic Plan prioritized the update of the 2009
Recreational Trails Master Plan and the Town initiated the Comprehensive Plan application
( "Application ") for a 2016 Recreational Trails Master Plan ( "Trails Plan ") as permitted by the
Avon Development Code; and
WHEREAS, the 2006 Avon Comprehensive Plan incorporates Goals and Policies supportive
of trails master planning, including but not limited to the following:
POLICY 1.1.3: Integrate the Town's recreational trail system with the regional trail
systems (ECO, USFS, and BLM).
GOAL 1.2: Coordinate and collaborate with surrounding jurisdictions and agencies to
development seamless recreational opportunities.
GOAL I.1: Provide an exceptional system of parks, trails, and programs to serve the
year —round leisure needs of area residents and visitors.
POLICY 1.1.5: Coordinate with Eagle County and other government and non-profit
agencies in planning, protecting, and managing public open space, and in providing
access and linkage opportunities; and
WHEREAS, the Town's Planning & Zoning Commission ( "PZC "), after publishing and
posting notice as required by law, held a public hearing on August 16, 2016; and prior to
formulating a recommendation to the Town Council considered all public comments, testimony,
evidence and Town Staff reports; and then took action to recommend approval of the Trails Plan
to the Town Council with the removal of the P1, P2, P3, P4, P6, and P7 trails, and associated
trailhead facilities; and
Ord 16 -20 2016 Recreational Trails Master Plan
SECOND — October 25, 2016
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WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in
accordance with the requirements of AMC §7.16.020(d), Step 4: Notice, held a public hearing on
October 25, 2016 and prior to taking final action considered all comments, testimony, evidence
and Town Staff reports; and then took action by approving this Ordinance; and
WHEREAS, in accordance with AMC §7.12.020, Town Council, and in addition to other
authority granted by the Town Charter, its ordinances or State of Colorado law, the Town
Council has application review and decision - making authority to approve, approve with
conditions or deny the Application; and
WHEREAS, pursuant to AMC §7.16.030(c), Review Criteria, the Town Council has
considered the applicable review criteria for a Comprehensive Plan and specifically finds that the
Application meets the criteria in AMC §7.16.030(c)(1) that the Trails Plan provides an essential
public benefit of expanded recreational opportunities in open space parcels; and
WHEREAS, it is the Town Council's opinion the health, safety and welfare of the citizens is
enhanced with additional trail and trailhead facilities in the `M' trails; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm 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:
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. Comprehensive Plan Approval. The 2009 Recreational Trails Master Plan is
hereby repealed and replaced with the approval of the 2016 Recreational Trails Master Plan
( "Exhibit A to Ordinance No. 16 -20 "). The plan is hereby approved with the condition that
Trails P1, P2, P3, P4, P6, and P7, and associated trailhead facilities, and Pump Track, be
removed.
Section 3. 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 has 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
Ord 16 -20 2016 Recreational Trails Master Plan
SECOND — October 25, 2016
Page 2 of 4
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 4. Effective Date. This Ordinance shall in no event take effect sooner than thirty
(30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares 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 this Ordinance is necessary for
the preservation of health and safety and for the protection of pubic 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 6. 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,
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 7. 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.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[EXECUTION PAGE FOLLOWS]
Ord 16 -20 2016 Recreational Trails Master Plan
SECOND — October 25, 2016
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INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on September 13, 2016 and setting such public hearing for October 25, 2016 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
B ATTEST:
Je ie Fancher, Mayor "C / ~ Debbie Hoppe, Town Jerk
ADOPTED ON SECOND AND FINAL READING on October 25, 2016.
BY:
e ie Fancher, Mayor
APPROVED AS TO FORM:
Eric J. fteil, wn Attorney
Ord 16 -20 2016 Recreational Trails Master Plan
SECOND — October 25, 2016
Page 4 of 4
ATTEST:
Debbie Hoppe,
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