TC Ord. No. 2013-08 Approving an Amended Final Plat,A Replat of L61,B2, Benchmark at BCTOWN OF AVON, COLORADO
ORDINANCE 13 -08
SERIES OF 2013
AN ORDINANCE APPROVING AN AMENDED FINAL PLAT, A REPLAT OF LOT 61,
BLOCK 2, BENCHMARK AT BEAVER CREEK
WHEREAS, pursuant to C.R.S. §42 -4 -303 and pursuant to the home rule powers of the
Town of Avon, the Town Council may by ordinance vacate any roadway or a part thereof,
WHEREAS, on February 10, 2004 the Town Council approved Resolution No. 04 -05, Series
2004, A Resolution Approving the Final Plat, A Replat of Lot 61, Block 2 Benchmark at Beaver
Creek and Resolution No. 04 -06, Series 2004, A Resolution Approving the Preliminary Plan and
Final Plat for A Resubdivison of Lot 61, Block 2, Benchmark at Beaver Creek;
WHEREAS, on October 14, 2008 the Town Council approved Resolution No. 08 -35, Series
2008, A Resolution Vacating a Final Plat, a Resubdivision of a Replat of Lot 61, Block 2,
Benchmark at Beaver Creek;
WHEREAS, the Applicant submitted an application for a Final Plat Major Subdivision
( "Application ") to the Town's Community Development Department on May 21, 2013 for a
replat of Lot 61;
WHEREAS, the Town Council of the Town of Avon held a public hearing on July 9, 2013
after posting notice as required by law, considered all comments, testimony, evidence and staff
reports provided by the Town staff prior to taking any action on the Application;
WHEREAS, the Town Council finds approval of the Application is in compliance with the
mandatory review criteria for Final Plat Major Subdivision found in Avon Municipal Code
Section 7.16.070(f); and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon home rule charter and the Avon
Development Code 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 the proposed zoning or other matters in this
Ordinances.
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.
Ord. 13 -08 Approval of Lot 61Replat
June 21, 2013
Page 1 of 3
Section 2. Approval of Replat. The Amended Final Plat, A Replat of Lot 61, Block 2,
Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado, is hereby approved by the
Town of Avon subject to the condition that all utility providers accept the Amended Final Plat
provided before the Amended Final Plat is executed by the Town and recorded.
Section 3. Vacation of a Portion of Benchmark Court. The vacation of a portion of
Benchmark Court as indicated on the Amended Final Plat, A Replat of Lot 61, Block 2,
Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado is hereby approved by
Town Council.
Section 4. 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 5. 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 6. Effective Date. This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. 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 8. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title at the Avon Town Hall,
Avon Recreation Center and Avon Public Library, which notice shall contain a statement that a
copy of the ordinance in full is available for public inspection in the office of the Town Clerk
during normal business hours. The Town Clerk is further ordered to publish a notice stating a
vested property right has been created in accordance with Section. 7.16.140(d)(2) of the Avon
Municipal Code.
Ord. 13 -08 Approval of Lot 61Replat
June 21, 2013
Page 2 of 3
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such Public Hearing for 5:30 p.m. on
July 9, 2013 at the Council Chambers of the Avon Municipal Building, located at One Lake
Street, Avon, Colorado.
4 tA •
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Published
i
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ATTEST:
MC
P y nny, Clerk
Rich Carroll, Mayor
three (3) public places in Town and posting by title only at the
six (6) days prior to final action by the Town Council.
i��e
INTRODUC Y APPROVED, AND PASSED ON SECOND READING, AND
ORDERE;IS Y POSTING on July 17, 2013.
.SEA L-
Rich Carroll, Mayor
Published by po��rtle in at least three (3) public places in Town and posting by title only
at the office of the Town Clerk.
ATTEST:
rC lau
N C �,
Pa �'M Ke wn Clerk
Ord. 13 -08 Approval of Lot 61Replat
June 21, 2013
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