TC Ord. No. 2016-05 Amend the Town Comprehensive Plan and Rezoning Application for the Mountain Star Tank Site PropertyAvo n
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TOWN OF AVON, COLORADO
ORDINANCE 16 -05
APPROVING AMENDMENTS TO THE TOWN OF AVON
COMPRHENSIVE PLAN AND REZONING APPLICATION
FOR THE MOUNTAIN STAR TANK SITE PROPERTY
WHEREAS, the Upper Eagle Regional Water Authority submitted a petition for Annexation
for properties ( "Mountain Star Water Tank Site Property ") related to the construction of a water
tank;
WHEREAS, the Avon Town Council approved Resolution 2016 -02, finding that the Petition
for Annexation and annexation map for the Mountain Star Water Tank Site Property is in
compliance with statutory requirements;
WHEREAS, the Upper Eagle Regional Water Authority submitted a Rezoning application in
accordance with AMC §7.16.050(a), Rezoning Review Procedures, to zone the Mountain Star
Water Tank Site Property with the Public Facilities (PF) zone district;
WHEREAS, Avon Town Staff submitted a Comprehensive Plan Amendment application in
accordance with AMC §7.16.030, Comprehensive Plan Amendment, updating maps to reflect the
inclusion and future land use of the Mountain Star Water Tank Site Property;
WHEREAS, the Avon Planning & Zoning Commission held a public hearing on March 14,
2016, after publishing and posting notice as required by law, considered all comments,
testimony, evidence and staff reports provided by the Town staff, considered such information
prior to formulating a recommendation;
WHEREAS, after conducting the noticed Public Hearing, PZC approved Resolution 16 -02
and made the required findings to recommend approval of the applications to the Town Council;
WHEREAS, the Town Council of the Town of Avon held public hearings on March 22,
2016, and April 12, 2016 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, pursuant to AMC §7.16.030(c), Review Criteria, and AMC §7.16.050(c),
Review Criteria, the Town Council has considered the applicable review criteria for a
Comprehensive Plan Amendment and Rezoning of the Mountain Star Water Tank Site Property
and found the Application in compliance with the review criteria, and specifically finds that the
amendments will promote the health, safety and general welfare of the Avon community; and,
Ord. 16 -05 — Mountain Star Tank Plan and Zoning
FINAL READING -April 12, 2016
Page 1 of 4
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
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
Section 1. Findini?s. The Town Council hereby makes the following findings:
(a) The Comprehensive Plan Amendment and Rezoning applications were reviewed in
accordance with AMC §7.16.020, General procedures and Requirements.
(b) The Town Council hereby adopts the findings in the March 14, 2016 Staff Report —
Rezoning & Comprehensive Plan Amendment.
(c) The Town Council hereby adopts the findings in the Planning and Zoning Commission
Resolution 16 -02 Recommending to the Avon Town Council Approval of Case
#REZ16001 and Case #CPA16002, Applications to Rezone the Mountain Star Tank Site
Property Public Facilities (PF) and Amend the Comprehensive Plan.
(d) The Applications were reviewed in accordance with AMC §7.16.030, Comprehensive
Plan Amendment, and AMC §7.16.050, Rezonings, and found to be in substantial
compliance with the review criteria.
(e) The Applications were reviewed concurrently, as permitted by AMC §7.16.020(b)(2),
Concurrent Review.
(f) Updates to the Avon Comprehensive Plan ensure that the Rezoning application is
"consistent with the Avon Comprehensive Plan, " as required by AMC §7.16.050(c)(2).
(g) Adjustments to the Official Zoning Map are necessary in order to change the
classification of the Mountain Star Water Tank Site Property to Public Facilities (PF) for
its intended future use.
(h) The Mountain Star Water Tank Site Property is suitable for water infrastructure and
associated uses, and is not likely to result in significant adverse impacts upon other
property in the vicinity.
(i) Approval of the applications will promote the purposes stated in the Development Code
by ensuring the adequate provision of water services and maintaining current and future
fire flow demands.
Ord. 16 -05 — Mountain Star Tank Plan and Zoning
FINAL READING - April 12, 2016
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Section 2. Comprehensive Plan Amendments. The Town Council hereby approves
amendments to the Town of Avon Comprehensive Plan to amend the Comprehensive Plan Maps
to integrate the Mountain Star Water Tank Site Property on the land use maps.
Section 3. Designation of Zone District, Amendment to Official Zoning Map. The Town
Council hereby designates the Mountain Star Water Tank Site Property for inclusion in the
Public Facilities (PF) zone district and amendments the Official Town Zoning Map to reflect this
designation.
Section 4. 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 5. 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 6. 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 7. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[EXECUTION PAGE FOLL0WSJ
Ord. 16 -05 — Mountain Star Tank Plan and Zoning
FINAL READING - April 12, 2016
Page 3 of 4
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on March 22, 2016 and setting such public hearing for April 12, 2016 at the Council
Cham*rs of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY:
Jennie ancher, Mayor
ATTEST:
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Debbie Hoppe, To n Clerk
ADOPTED ON SECOND AND FINAL READING on April 12, 2016
B
J. e 1e Fancher, Mayor
APPROVED AS TO FORM:
'VU
Eric IfHt< Town Attorney
Ord. 16 -05 — Mountain Star Tank Plan and Zoning
FINAL READING - April 12, 2016
Page 4 of 4
ATTEST:
bie Hoppe, Tdw'n Cl
:SEAL:
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