TC Ord. No. 2017-13 Approving Public Facilities and Parks Zoning for the East Avon Preserve PropertyTOWN OF AVON, COLORADO
ORDINANCE NO. 17-13
APPROVING PUBLIC FACILITIES AND PARKS ZONING FOR THE
EAST AVON PRESERVE PROPERTY
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") has made application to rezone Lot 1 and Lot
2, Section 8, Township 5, South, Range 82 West of the 6th Principal Meridian, Eagle County ,
Colorado ( hereinafter referred to as the "Property") with the Public Facilities ("PF") and Parks
("P") zone districts; and
WHEREAS, the Town's Planning & Zoning Commission ("PZC"), after publishing and
posting notice as required by law, held a public hearing on August 15, 2017; 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 August 15, 2017, in accordance with AMC §7.16.020(0, making a recommendation
to the Town Council to approve the Application; 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
September 12, 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 PF and P zone districts are appropriate for the future envisioned uses of the
Property which include housing and passive park uses; and
WHEREAS, the Town Council finds that the rezoning is in the best interests of the public
health, safety, and general welfare of the Avon community; and
Ord 17-13 Rezoning East Avon Preserve
SECOND READING — September 12, 2017
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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. Rezoning. The Town of Avon Official Zoning Map will be updated to reflect 6.5
acres in the northwest corner of the Property as Public Facilities; remaining acreage is zoned
Parks.
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
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,
Ord 17-13 Rezoning East Avon Preserve
SECOND READING — September 12, 2017
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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 17-13 Rezoning East Avon Preserve
SECOND READING — September 12, 2017
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INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
BEARING on August 22, 2017 and setting such public hearing for September 12, 2017 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
J �ietancher, Mayor Debbie Hoppe, own Clerk
ADOPTED ON SECOND AND FINAL READING on September 12, 2017.
BY(k
U 40�0k�_
e Fancher, Mayor
APPROVED AS TO FORM:
ric,J/Heil, Town Attorney
Ord 17-13 Rezoning East Avon Preserve
SECOND READING — September 12, 2017
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ATTEST:
e Hoppe,
[:SEAL:
Clerk