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TC Ord. No. 1983-240 TOWN OF AVON ORDINANCE NO. 83-24 Series of 1983 AN ORDINANCE CONCERNED WITH AMENDING REQUIREMENTS FOR PUBLIC.NOTICE ASSOCIATED WITH SPECIAL REVIEW USES, ZONING AMENDMENTS, AND VARIANCES. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Subsection B.1. of Section 17.20.030 of the Municipal Code of the Town of Avon, concerned with the, length of public notice required in association with action upon special-review uses, among other matters, shall be and,-hereby is amended to read as follows: "I. Notice,shall be published once in a newspaper of general circulatioh,'in the area at least twelve days prior to-the hearing date. In lieu of actual publication, the notice shall also be effective by posting the notice in at least three public places within the Town in addition to posting at the office of the Town Clerk. A written notice of said hearing shall be sent by first class mail at least twelve days prior to the- hearing date•to property owners within the area of proposed use and within three hundred fee thereof. Owners of residential multifamily condominium units may be served by mailing a copy of,any such required notice to the record address of the manager of their homeowner's association." Section-2. Amendment. Subsection C. of Section 17.28.030 of the Municipal Code of the Town of Avon, concerned with the length of public notice.required in association with action upon zoning amendments, among other matters, shall be and hereby is amended to read as follows: "C. The design review board shall hold a hearing on the proposed amendment; provided, that notice of such hearing shall be given as follows: 1. Notice shall-be .published once in an newspaper of general circulation.in the area at least twelve days prior to the hearing date. In lieu of actual publication, the notice shall also be effective by posting the notice,in an least three publ-ic'places within the Town in addition to posting at the office of the Town Clerk. 2. A written notice of said hearing shall be sent by first class mail at least twelve days prior to the hearing date to property owners within the. described area of the proposed change and within three hundred feet thereof. Owners of residential multifamily condominium units may be served by mailing a copy of such required notice to the-record address of the manager-of their homeowners' association. Section 3. Amendment. Subsection D. of Section 17.28.050 of the Municipal Code of the Town of Avon, concerned with-the length of public notice required in association with action upon zoning amendments, among other matters, shall.be and hereby is amended to read as follows: "D. The Design Review Board shall hold a public hearing on the-proposed amendment; provided, that notice of such hearing shall be given as follows: 1. Notice. shall be published once in a newspaper of general circulation in the area at least twelve days prior to the hearing date. In lieu of actual publication, the notice shall also be effective by posting the notice in at least three public-places within the Town in addition to posting.at the office of the Town Clerk. 2. -A writteri-notice of said hearing shall be sent by first class mail at least twelve days prior to the hearing date, to property owners within the described area of proposed change and within three hundred feet thereof. Owners of residential multifamily condominium units-may be served by mailing a copy-of any such required notice to the record address of the manager of their homeowners' association." Section .A., Amendment. Subsection A. of-Section 17.28.060 of the Municipal Code of the.Town of Avon, concerned with the length of public not-ice required in association with action upon zoning amendments, among other matters, shall be and hereby is amended to read as follows: ,"A. Before any change in the text of.the zoning code or the zoning district map, the Town Council shall hold a public hearing following at least twelve days-notice of the hearing published in a newspaper-of general circulation in the area or which has been posted in at least three public places within the town-in addition to posting At' the office of the Town Clerk. Such hearing may be identical to and satisfy the public hearing requirements for ordinance adoption." Section 5., Amendment. Subsection B. of Section 17.36.020 of'the Municipal Code of the Town of Avon, concerned with the length of public notice required-in association with action-upon variance applications, among other matters, shall be and hereby is'amended to read as - 2 - follows: "B. The design review board shall hold a public hearing on the matter, and notice of such hearing shall be published at the expense of the applicant in a newspaper of general circulation within the Town or posted in at least three public places within the Town, in addition to posting at the office of the Town Clerk, a least twelve days prior to the hearing date. 'Further, a copy of such notice shall be.mailed to all property owners within three hundred feet of the property in question,'by regular mail, at least twelve days prior to the meeting and certificate of such mailing-shall be filed with the design.review board." Section-6-. Severability. If any part, section, sentence, clause or phrase of this Ordinance is for any reason held to-be invalid, such decision shall-not affect the validity of the remaining portions of this Ordinance; and the'Town Council for the Town of Avon hereby declares it would have passed this Ordinance and each part, section, sub-section, sentence, clause or phrase thereof, irrespective of the fact that any one or more parts, sections, sub-sections, sentences, clauses or phrases be declared invalid. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,-THIS 10th day of May., 1983 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 24th day of May, 1983 at 7:30, P.M. in the Municipal Building of the Town of Avon, Colorado. /s/.Sheila-Davis Mayor .Pro Tem ATTEST: /s/Patricia J. Doyle Patricia J. Doyle Town Clerk INTRODUCED, PASSED ON SECOND_READING,'APPROVED AND ORDERED POSTED this 24th day of May , 1983. Allan R. N t-ing , Mayor ATTEST,-- en y " •Be11 Deputy Town Clerk 03:5/17/83 - 3 - 0 0 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) 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 24TH DAY OF MAY, 1983 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. #83-24 SERIES OF 1983: AN ORDINANCE AMENDING SUBSECTION B.1 OF SECTION 17.20.030 OF THE MUNICIPAL CODE, (NOTICE OF HEARING DAYS FROM 15 DAYS TO 12 DAYS) 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 passed by order of the Town Council of the Town of Avon, Colorado. Dated this 12th day of May, 1983. TO AVON, CC I B Patricia J. O le, Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MAY 12 , 1983. THE MAIN ENTRANCE OF THE POST OFFICE, THE MAIN ENTRANCE TO CITY MARKET, THE PESTER GAS STATION: AND THE MAIN LOBBY IN THE MUNICIPAL BUILDING