TC Ord. No. 2017-06 Approving the Town of Avon Comprehensive Plan, Dated May 2017, a Comprehensive Plan Amendment ApplicationTOWN OF AVON, COLORADO
ORDINANCE 17-06
SERIES OF 2017
AN ORDINANCE APPROVING THE TOWN OF AVON
COMPREHENSIVE PLAN, DATED MAY 2017, A COMPREHENSIVE
PLAN AMENDMENT APPLICATION
RECITALS
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 Avon Town Council initiated an amendment to the Town of Avon
Comprehensive Plan, dated February 2006, when approving the 2017-18 Strategic Plan; and
WHEREAS, the Town's Planning & Zoning Commission ("PZC"), after publishing and
posting notice as required by law, held a public hearing on April 4, 2017; and prior to
formulating a recommendation to the Town Council considered all comments, testimony,
evidence and Town Staff reports; and then took action through PZC Resolution 17-01 to make a
recommendation to the Town Council to approve the Application; 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 Amendment; and
WHEREAS, The amendments are necessary in order to respond to changed conditions,
including updated demographic information, construction of Riverfront Village and the Gondola
connection to Beaver Creek Resort, construction of the Main Street Pedestrian Mall, and shifts in
policy direction in relation to PUD zoning; and
WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in
accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, held public
hearings on April 11, 2017, and May 23, 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, it is the Town Council's opinion the health, safety and welfare of the citizens
of the Town of Avon would be enhanced and promoted by the adoption of this Ordinance; and
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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 Amendment. The Avon Comprehensive Plan, dated May
2017, attached hereto as Exhibit A to Ordinance 17-06: Avon Comprehensive Plan is hereby
approved.
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 take effect upon satisfaction of the
condition sets forth in Section 4, but in no event shall 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
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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.
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INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
BEARING on April 11, 2017 and setting such public hearing for May 23, 2017 at the Council
Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
B ATTEST:
i
Jer�u—e Fancher, Mayor Debbie Hoppe, To n Jerk
ADOPTED ON SECOND AND FINAL READING on May 23, 2017.
ATTEST: C
lei�ii'e Fancher, Mayor Debbie Hoppe, To nClerk
APPROVED AS TO FORM:
EriJ. H911, Town Attorney
Ord 17-06 Comp Plan Amendment
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