TC Ord. No. 2017-19 Amending the Zoning Classifications of Certain Properties and Approving Other Updates to the Town of Avon Zoning MapTOWN OF AVON
ORDINANCE 17-19
AMENDING THE ZONING CLASSIFICATIONS OF CERTAIN
PROPERTIES AND APPROVING OTHER UPDATES TO THE TOWN
OF AVON ZONING MAP
WHEREAS, the Town of Avon ("Town") is a home rule authority 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 last updated the Town of Avon Zoning Map by Ordinance 11-02, and wishes
to periodically update the map to reflect changes to zone district classifications; and
WHEREAS, the Town desires to rezone the Myers Ranch Annexation parcels from the Residential
High -Density Commercial (Retired) to the Open Space Landscaping and Drainage ("OLD") Zone District;
and
WHEREAS, the Town desires to rezone Lot 39 Block 1 Benchmark at Beaver Creek to Open Space,
Landscaping, and Drainage; and
WHEREAS, the Town desires to rezone Tract W Block 1 Benchmark at Beaver Creek to Open Space,
Landscaping, and Drainage; and
WHEREAS, the Town desires to rezone Tract Y Block 1 Benchmark at Beaver Creek to Open Space,
Landscaping, and Drainage; and
WHEREAS, the Town desires to update the Official Zoning Map to reflect Ordinance 15-03, an
ordinance establishing the Mixed -Commercial Zone District for Lot IA, Buck Creek; and
WHEREAS, the Town desires to update the Official Zoning Map to reflect Ordinance 15-04, an
ordinance establishing the Public Facilities Zone District for Lot 1 B, Buck Creek; and
WHEREAS, the Town desires to update the Official Zoning Map to reflect Ordinance 16-05, an
ordinance zoning the Mountain Star Tank Site Property with the Public Facilities Zone District; and
WHEREAS, the Town desires to update the Official Zoning Map to reflect Ordinance 16-13, an
ordinance establishing the Town Center Zone District for Lots 1, 2A, 2B, 2C, 3, and 5, Mountain Vista
Resort Subdivision; and
WHEREAS, the Town desires to update the Official Zoning Map to reflect Ordinance 17-02, an
ordinance establishing the Public Facilities Zone District for Lot 4 Mountain Vista Resort Subdivision; and
WHEREAS, the Town desires to update the Official Zoning Map to reflect Ordinance 17-13, an
ordinance establishing the Public Facilities and Parks Zone Districts for the East Avon Preserve Property;
and
WHEREAS, the Town desires to update the Official Zoning Map to reflect Ordinance 17-18, an
ordinance establishing the Short -Term Overlay District on the Nottingham Road residential corridor; and
Ord. NO. 17-19 Amending Official Zoning Map
January 9, 2018
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WHEREAS, the Town desires to update the Official Zoning Map to reflect all other updates to the
zone district boundaries and classifications since 2011; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing on November 7, 2017
and found that the application to change zoning classifications and update the Official Zone District Map
meets the criteria set forth in Section 7.16.050(c) of the Avon Municipal Code; and
WHEREAS, the Town Council conducted a public hearing on January 9, 2018 and considered all
comments proffered, prior to acting to the approve the Official Zoning Map; and
WHEREAS, it is the Town Council's opinion that 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
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town
Council desires to comply 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, the following:
Section 1. Official Zoning Map. The Town of Avon Zoning Map, attached hereto as Exhibit A, is
hereby approved. It shall be the original signed and electronic copy of such signed snap.
Section 2. 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 3. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 4. Safety Clause. The Town Council hereby finds, determines and declares that 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 that this Ordinance is necessary for the preservation
of health and safety and for the protection of public 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 5. 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
Ord. NO. 17-19 Amending Official Zoning Map
January 9, 2018
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thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in
force for the purpose of sust 1;1 ining 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 6. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED, AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on December 12, 2017 and setting such public hearing for January 9, 2018 at the Council
Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
ATTEST:
al2&0' LLUa
Debbie Hoppe, Town lerk
ADOPTED ON SECOND AND FINAL READING on January 9, 2018.
BY"'—
Fancher, Mayor
APPROVED AS TO FORM:
0
Eric CHeiown Attorney
Ord. NO. 17-19 Amending Official Zoning Map
January 9, 2018
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ATTEST:
Debbie Hoppe, T
A 3L