TC Ord. 18-03 Approving the Town of Avon Town-Owned Properties Plan, a Comprehensive PlanTOWN OF AVON
ORDINANCE NO. 18-03
AN ORDINANCE APPROVING THE
TOWN OF AVON TOWN -OWNED PROPERTIES PLAN, A COMPREHENSIVE PLAN
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 Town of Avon ("Applicant") has initiated a Comprehensive Plan Application
for the Town of Avon Town -Owned Properties Plan; and
WHEREAS, the Town of Avon Planning and Zoning Commission conducted public hearings on
August 1, 2017, August 15, 2017 and February 20, 2018, and prior to formulating a recommendation to
the Town Council considered all public comments, testimony, evidence and Town Staff reports;
WHEREAS, the Town of Avon Planning and Zoning Commission took action to adopt Findings
of Fact in accordance with AMC §7.16.030(c), and made a recommendation to the Avon Town Council
to approve the Town of Avon Town -owned Properties Plan; and
WHEREAS, in accordance with AMC §7.12.030, Town Council, and in addition to other authority
granted by the Town Charter, its ordinances and 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, 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 April 10, 2018, 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, pursuant to AMC §7.16.030(c), Review Criteria the Town Council has considered the
applicable review criteria for a Comprehensive Plan application as more specifically described below, and
that the Comprehensive Plan will promote the health, safety, and welfare of the Town of Avon residents;
and
WHEREAS, in accordance with the review criteria outlined AMC §7.16.030(c), Review Criteria, the
Town Council finds that the proposed land uses are compatible with the surrounding area; the document
and associated land uses are supported by transportation services and infrastructure; the Comprehensive
Plan is in compliance with the purposes of the Development Code by providing a planned and orderly use
of land, to conserve the value of the investments of the people of the Avon community and encouraging a
high quality of life by the provision of additional recreational and multi -use facilities that can be enjoyed
by all residents and guests to the Town;
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. Town of Avon Town -Owned Properties Plan Adopted. The attached ("Exhibit A")
Ord 18 - 03 Town of Avon Town -Owned Properties Plan
April 10, 2018 SECOND READING Page 1 of 3
document is hereby approved and considered a "Comprehensive Plan" as defined by AMC §7.08,
Definitions, and shall serve as a guiding document for future uses of the properties included. The final
copy of the Town of Avon Town -Owned Properties Plan will include all edits outlined in staff's April
10, 2018 report — Attachment C.
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 no 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.
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.
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND
REFERRED TO PUBLIC HEARING and setting such public hearing for 5:00 on April 10, 2018 at
the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
SIGNATURE PAGE FOLLOWS
Ord 18 - 03 Town of Avon Town -Owned Properties Plan
April 10, 2018 SECOND READING Page 2 of 3
SIGNED:
Q 'UQel�
le Fancher, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town Clerk
at least seven days prior to final action by the Town Council.
ATTEST:
AGO -
Eric H15i'1, T,ewn Attorney
W1
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on April 10, 2018.
SI N D:
�aC&�hU
Jenni ancher, Mayor
Published by posting by title in at least three public places in Town and posting by title at the office
of the Town Clerk.
ATTEST:
Debbie Hoppe, Town
Ord 18 - 03 Town of Avon Town -Owned Properties Plan
April 10, 2018 SECOND READING Page 3 of 3