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TC Ord. No. 1981-35ok 331 22833 Recorded at 9:15AM November 13, 1981 Fee $'12.00pd ! - I ge-980 Recorder: Johnnette Phill.i^ Eagle County ORDINANCE NO. #81-35 ~G r~ SERIES OF 1981 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, Benchmark at Beaver Creek, ,a limited partnership,'and Tanasco II, Ltd., a Colorado corporation, have filed an application with the-Town of Avon to amend the Zoning District Map of the Town, of Avon by the inclusion of certain newly annexed, but presently unzoned land located in the S1/2 NE1/4 NE1/4 of Section 12, Town- ship 5 South, Range 82 West of the Sixth Principal Meridian Colorado, within the Specially Planned Area Zone District (SPA); and WHEREAS, public hearings were held by the Design Review Board of the Town of Avon on August 5, 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 hearings, 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 27th day of October, 1981, at which time the applicants and the public were given an opportunity to ex- press 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 pro- vided as required by law for the hearings before the Design Review Board and the Town Council of the Town of Avon. 2. That the hearings before the Design Review Board and the Town Council were both.extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. -1- 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 to be built on the subject real property shall be limited as follows: Either 180 mul- tiple-family dwelling units or 360 hotel, motel, and/or lodge (accommo- dation) units, or a combination thereof which.shall be limited by consid- ering one multiple-family unit as two accommodation units, and imposing the above 360 accommodation unit limit on the property. 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 hereby is amended to reflect that the certain real property as more fully and legally described hereinabove, shall be and hereby is included in a 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", provided that such parcel shall be permitted no more than the following dwelling units: Either 180 multi-family dwelling units or 360 hotel, motel, and/or lodge (accommodation) units, or a combination thereof which shall be limited by considering one multiple-family unit as two accommo- dation units, and imposing the above 360 accommodation unit limit on the property. Section 2. Effective Date. The amendment to the Zoning District Map of the Town of Avon provided 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 Zoning District Map with the County Clerk and Recorder of Eagle County, Colorado. INTRODUCED, PASSED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, THIS a71FI `"3ay of October, 1981, and a public hpdi#i g,;q~Y,%Jthis Ordinance shall be held at the regular meeting of the • 1 oWn •Cotinoil~of the Town of Avon, Colorado, on the %,0 ay of 1§8157 1 7:=30 PM 'n the Municipal Offices of the Town. %AT S - ' U Town Clerk R 2 -3- .L 0 4 INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY THIS % day of , 1981. for 1lllll if l!)I/I!J/F//i Mayo AL TTE,$T: -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.481-35, SERIES OF 19811 ORDINANCE PROVIDING FOR,THE AMENDMENT OF THE ZONING DISTRICT MAP OF11THE 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-.posted by order of the Town Council of the Town of Avon, Colorado. Dated this 29th day of October, 1981. VON, BY Patricia J. Doy Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON OCTOBER 2911' 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 • •