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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