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TC Ord. No. 1981-33{ - GJ Book 331 22833x1' Recorded at 9:15AM November 13,-1981 Fee $12.00pd Page 979 Recorder: Johnnette Phillip Eagle County ORDINANCE NO. #81-33 SERIES OF 19 81 ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP OF THE TOWN OF AVON BY THE INCLUSION OF CERTAIN DESCRIBED LAND IN THE SPECIALLY PLANNED AREA ZONE DISTRICT WHEREAS, Metcalf S.A., a Panama Corporation, has filed an Application with the Town of Avon to amend the Zoning District Map of the Town of Avon by rezoning certain real property owned by Metcalf S.A. located in the Town,of Avon from a present zoning of Industrial and Commercial to Specially Planned.Area, said property legally described as Lots 38, 40 and 41, respectively, Block 1, Benchmark at Beaver Creek Subdivision, County of Eagle, State of Colorado; and J WHEREAS, public hearings were held by.the Design Review Board of the Town of Avon on August 19 and September 2, 1981, respectively, pursuant to notice as required by law at which time the applicants-.. and the public were given an opportunity to express their opinions regarding the proposed amendment; and WHEREAS, following such public hearing, the Design Review Board forwarded a report and recommendation on the proposed amendment. to the Town Council; and WHEREAS, after,'-notice as provided by law, a public hearing was held before this Council on the 13th day.of October, 1981, at which time the applicants and-the public were given an oppor- tunity to express their opinions regarding the proposed amendment; and WHEREAS, based on the evidence, testimony, and exhibits, and a study of the Town of Avon Master Plan and the recommendations of the Town of Avon Design Review Board, this Council finds as follows: 1. That proper posting, publication and public notice was provided as required by law for the hearings before the Design Review Board and the Town Council of the Town of Avon. -1- • 2. That the hearings before the Design Review Board and the Town Council were both extensive and complete and that all per- tinent facts, matters and issues were submitted at those hearings. 3. That the proposed amendment to the Zoning District Map.of the-Town of Avon is consistent with the Master Plan for the Town of Avon, provided that the number of residential density units permitted to be built on the subject real property shall be as follows: Lot 38 - 12 units; Lot 40 - 8 units; Lot 41 - 15 units, respectively. Said units are to be transferred from those units which are owned by Metcalf S.A. and previously not assigned to any other lots within the Town of Avon. 4. That the requested amendment to the Zoning District Map of the Town of Avon will be in the best interests of the health, safety, welfare and morals of the citizens of the Town of Avon. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: Section 1. Amendment to Zone District Map. The Zoning District Map of the Town of Avon be and is hereby amended to reflect that Lots 38, 40 and 41, respectively, Block 1, Benchmark at Beaver Creek Subdivision, County of Eagle, State of Colorado, in the Town of Avon, shall be and each hereby is included in a separate Specially Planned Area Zone District as such term is defined and subject to all the terms and conditions thereof set forth in the "Zoning Code of the Town of Avon", and further, said lots are assigned and permitted the following residential den- sity units, respectively, Lot 38 - 12 units; Lot 40 - 8 units; Lot 41 - 15 units. Said units are hereby transferred from and exhaust those residential density units which are owned by Metcalf S.A. and previously not assigned to any other lots within the Town of Avon. Ccn+-inn 7 _ F.f fcrF i vA T1ai-a _ The amendment to the Zoning District Map of the Town of Avon pro- vided herein shall take effect in accordance with the Charter and Ordinances of the Town of Avon, And the Mayor is hereby directed and authorized to execute such maps as may be required to reflect the amendment herein authorized, and to file a certified copy of the amended Zonong District Map with the County Clerk and Recorder of Eagle County, Colorado. -2- INTRODUCED, PASSED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, THIS 27th day of October, 1981, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the 10-Z:;1e- day of 1981, at 7:30 PM in the Municipal Offices of the Town. ATTEST : J Ma r l/ INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY THIS DAY OF 1981. AT'~EST: - C`C1'r C Town Clerk May -3- STATE-OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 10TH DAY OF NOVEMBER, 1981 AT THE MUNICIPAL BUILDING, 400 BENCHMARK.ROAD,- AVON, FOR THE PURPOSE:"OF CONSIDERING THE ADOPTION OF ORDINANCE NO:#81-33, SERIES OF 1981: AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP OF THE TOWN OF AVON BY THE INCLUSION OF-CERTAIN DESCRIBED LAND IN THE SPECIALLY PLANNED AREA ZONE DISTRICT A copy of said ordinance is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice,given and posed by-order of the Town'Council of the Town of Avon, Colorado. Dated this 28th day of October, 1981. BY TOWN OF AVON, Patricia J. DoUe Town Clerk , POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON OCTOBER 29, 1981: THE-NORTHEAST SIDE OF THE BENCHMARK SHOPPING.CENTER, AVON POST OFFICE, THE-MAIN ENTRANCE OF,CITY MARKET, THE PESTER GAS STATION; AND THE MUNICIPAL BUILDING IN THE MAIN LOBBY