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TC Ord. No. 2017-02 Rezoning Lot 4, Mountain Vista Resort SubdivisionAvo n TOWN OF AVON, COLORADO ORDINANCE NO. 17-02 REZONING LOT 4, MOUNTAIN VISTA RESORT SUBDIVISION, AVON, COLORADO, FROM PLANNED UNIT DEVELOPMENT TO PUBLIC FACILITIES 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 of Avon ("Applicant") submitted an application to rezone Lot 4, Mountain Vista Resort Subdivision, Avon, Colorado ("Property") from Planned Unit Development to Public Facilities zone district; and WHEREAS, according to the Avon Municipal Code ("AMC") §7.20.080(c), the PF district is intended to provide sites for public uses such as community centers, police and fire stations and governmental facilities; and WHEREAS, the Town's Planning & Zoning Commission ("PZC"), after publishing and posting notice as required by law, held a public hearing on October 4, 2016; 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 and a Record of Decision on October 18, 2016, in accordance with AMC §7.16.020(f), making a recommendation to the Town Council to approve the Application for PF zoning; and 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 February 14, 2017, 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 §7.16.050(c), Review Criteria, the Town Council has considered the applicable review criteria for rezoning and finds that the criteria are met in accordance with the town staff report, and in accordance with the Findings of Fact; and WHEREAS, the Property is located adjacent to property owned by the Town of Avon which is currently zoned PF district and the Property is intended for use as a Town Hall, government facilities, and accessory land uses; and Ord 17-02 Rezoning Lot 4, Mountain Vista Subdivision PUD to PF Zone District SECOND READING — February 14, 2017 Page 1 of 4 WHEREAS, the Town Council finds that the rezoning from Planned Unit Development to the Public Facilities district will promote the Avon Comprehensive Plan for District 1, promote uniformity of zoning regulations in the Town Core area, and will thereby promote the health, safety and welfare of the Avon community; 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. Rezoning. Lots 4, Mountain Vista Resort Subdivision, Avon, Colorado, is hereby rezoned from Planned Unit Development to the Public Facilities district. 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 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 Ord 17-02 Rezoning Lot 4, Mountain Vista Subdivision PUD,to PF Zone District SECOND READING — February 14, 2017 Page 2 of 4 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 17-02 Rezoning Lot 4, Mountain Vista Subdivision PUD to PF Zone District SECOND READING — February 14, 2017 Page 3 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on January 24, 2017 and setting such public hearing for February 14, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY ATTEST: t� Jennie Fancher, Mayor Debbie Hoppe, Town ICIerk ADOPTED ON SECOND AND FINAL READING on February 14, 2017. BY: ATTEST: Jennie ancher, Mayor Debbie Hoppe, APPROVED AS TO FORM: �yw , Eric J.' eil,..Town ttorney Ord 17-02 Rezoning Lot 4, Mountain Vista Subdivision PUD to PF Zone District SECOND READING — February 14, 2017 Page 4 of 4 Clerk :SEA