PN 11-09-2012 Public Notice Vested PropertyTOWN OF AVON
PUBLIC NOTICE OF APPROVAL OF VESTED PROPERTY RIGHT
The Town of Avon hereby provides notice that the Avon Town Council has approved Ordinance
No. 12 -10, AN ORDINANCE IMPLEMENTING THE SETTLEMENT TERM SHEET TO
RESOLVE PENDING LITIGATION 2008 CV 385 AND 2010 CV 316; APPROVING THE
CONSOLIDATED, AMENDED AND RESTATED ANNEXATION AND
DEVELOPMENT AGREEMENT; APPROVING ACCEPTANCE OF REAL PROPERTY
AND EQUIPMENT; APPROVING THE ACCEPTANCE AND CONVEYANCE OF
WATER RIGHTS; APPROVING AN AMENDMENT TO THE VILLAGE (AT AVON)
PLANNED UNIT DEVELOPMENT (PUD); APPROVING THE TRAER CREEK PLAZA
CONDOMINIUM PLAT; APPROVING A REPLAT OF LOT 1; APPROVING
AMENDMENTS TO CHAPTER 18 OF THE AVON MUNICIPAL CODE; AND TAKING
SUCH OTHER ACTIONS AS SET FORTH HEREIN TO IMPLEMENT THE
SETTLEMENT TERM SHEET, which Ordinance No. 12 -10 creates a vested property right
pursuant to Article 68 of Title 24, C.R.S., as amended and Title 7, Chapter 16 of the Avon
Municipal Code, as amended. In accordance with Avon Municipal Code Section 7.16.140(d)(2)
the Town provides the following information:
(1) By its approval of Ordinance No. 12 -10, the Avon Town Council has approved each of the
following as a "site specific development plan": the Consolidated, Amended and Restated
Annexation and Development Agreement for The Village (at Avon), the Village (at Avon)
Amended and Restated PUD Guide, the Second Amended Final Plat, Amended Final Plat,
The Village (at Avon) Filing 1, A Resubdivision of Lot 1. The name of the project is The
Village (at Avon). The type and intensity of the use approved is a comprehensive mixed use
project including a maximum of 825,000 "Gross Square Footage" of "Commercial Space"
(as those terms are defined in The Village (at Avon) Amended and Restated PUD Guide) for
Planning Areas A through H, Planning Area I and Planning Area RMF -1 and at least 196,970
Gross Square Footage of Commercial Space for Planning Area I, as defined in The Village
(at Avon) Amended and Restated PUD Guide, and a maximum of 2,400 Dwelling Units for
Planning Areas A through H, Planning Area J, and Planning Areas RMF -1 and RMF -2 and a
minimum of 750 Dwelling Units for Planning Area I as defined in The Village (at Avon)
Amended and Restated PUD Guide. The specific property affected is "The Village (at
Avon)" as defined in the Consolidated, Amended and Restated Annexation and Development
Agreement for The Village (at Avon) and in said PUD Guide.
(2) A vested property right has been created for the above - referenced "site specific development
plans" in accordance with Article 68 of Title 24, C.R.S., and Title 7, Chapter 16 of the Avon
Municipal Code, and the duration of the Vested Property Right is 39 years continuing until
and including October 20, 2039.
(3) The citizen's rights of referendum shall run from the date of this publication.
Submitted by the Avon Town Clerk and Published in the Vail Daily on November 9, 2012.