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TC Ord. No. 1985-17TOWN OF AVON u ORDINANCE NO. 85- 17 SERIES OF 1985 I-21.s 9 2 me I;~cT►E'H(~LIFS ",T Y. REC0RD1ER Olt 15 2 04 PM '05 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING CODE OF THE TOWN OF AVON BY THE AMENDMENT OF THE TOWN OF AVON ZONING DISTRICT MAP AND BY THE AMENDMENT OF ORDINANCE 81-35 ESTABLISHING THE SWIFT GULCH ADDITION TO THE TOWN OF AVON AS A SPECIALLY PLANNED AREA WHEREAS, Section 36, Inc., a Colorado Corporation has filed application with the Town of Avon to amend the zoning district map and the zoning ordinances of the Town of Avon by modifying the boundaries of the Swift Gulch Addition, Specially Planned Area to include the easterly 1.36 acres, as more fully and legally described in Exhibit A to this Ordinance, of Tract Y, A Resubdivision of Lots 67, 68 and a Portion of Tract C, Block 1, Town of Avon, Eagle County, Colorado, described in Final Subdivision Plat - Amendment No. 4, Benchmark at Beaver Creek, Eagle County, Colorado and the Road Right-Of-Way to the Swift Gulch Addition (A Specially Planned Area), and Parcels 1 and 2 Thereof, Town of Avon, Colorado, the S 1/2, NE 1/4, NE 1/4 Section 12, Township 5 South, Range 82 West of the 6th Principal Meridian as described in book 348 at page 296 as recorded in the office of the Eagle County Recorder. WHEREAS, public hearings have been held by the Planning and Zoning Commission of the Town of Avon, pursuant to notices required by law, at which the applicants and the public were given an opportunity to express their opinions regarding the proposed amendments; and WHEREAS, following such public hearings, the Planning and Zoning Commission forwarded reports and recommendations on the proposed amendment to the Town Council; and • • WHEREAS, after notices provided by law, a public hearing was held before this Council on the 8th day of October, 1985, at which time the applicants and the public were given an opportunity to express their opinions regarding the proposed amendment; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Master Plan of the Town of Avon and the recommendations of the Planning and Zoning Commission of the Town of Avon, this Council finds as follows: 1. The proper posting, publication and public notice was provided as required by law for the hearings before the Planning and Zoning Commission and the Town Council of the Town of Avon. 2. That the hearings before the Planning and Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 3. That the proposed amendments to the Zoning District map and zoning ordinances of the Town of Avon are consistent with the Master Plan of the Town of Avon. 4. That the requested amendment to the Zoning District Map and the zoning ordinances of the Town of Avon will be in the best interest 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 Swift Gulch SPA. The Zoning District Map of the Town of Avon and Ordinance 81-35 shall be and hereby are amended by modifying the boundaries of the Swift Gulch Addition, Specially Planned Area to include the easterly 1.36 acres, as more fully and legally described in Exhibit A to this Ordinance, of Tract Y, A Resubdivision of Lots 67, 68 and a portion of Tract C, Block 1, Town of Avon, Eagle County, Colorado, Described in Final Subdivision Plat - Amendment No. 4, Benchmark at Beaver Creek, Eagle County, Colorado and the Road Right-Of-Way to the Swift Gulch Addition (A Specially Planned Area), and Parcels 1 and 2 thereof, Town of Avon, Colorado, the S 1/2 NE 1/4, NE 1/4 Section 12, Township 5 South, Range 82 West of the 6th Principal Meridian as described in book 348 at page 296 as recorded in the office of the Eagle County Recorder. 0 • Section 2. Effective Date. The amendments provided for herein shall take effect in accordance with the charter and ordinances of the Town of Avon, and the Mayor Pro Tem and the Town Clerk are hereby directed and authorized to execute such documents as may be required to reflect the amendment herein authorized, and to file a certified copy of such documents with the County Clerk and Recorder of Eagle County, Colorado. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, THIS 24th DAY OF Septembgr1985 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 8th day of Oct., 1985 at 7:30 PM in the Municipal Building of the Town of Avon, Colorado. ti .f May Pro em . r INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED THIS 8th day of October , 1985. Ma r Pro Tem --ATTEST: peecx'k Ikatricia J. D e, Town "er I xµrr3r r 'iq AOPARCEL OF LAND SITUATE7IN TRACT Y A RESUBDIVISION OF LOTS 67,68 AND A PORTION OF TRACT C, BLOCK 1 TOWN OF AVON, EAGLE COUNTY, COLORADO DESCRIBED IN FINAL SUBDIVISION PLAT-AMENDMENT NO.4 BENCHMARK AT BEAVER CREEK EAGLE COUNTY, COLORADO AND THE ROAD RIGHT-OF-WAY TO THE SWIFT GULCH ADDITION (A SPECIALLY PLANNED AREA) AND PARCELS 1 & 2 THEREOF, TOWN OF AVON,COLORADO THE S1/2Nlr /4 1A SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN 41 4! Y=~~iti •~i f ~ 'tccnor 1, USTI" in .fir. • ' . V a ~ J- ' DESCRIBED PARCEL. N.t. ,oettT ismse A9 ' 110" GULCH AopIT1011 ~Cpt f~•; ..ataa . a Aoea,• AVON TOWN 4YIT3 ft .t• . LAND DESCRIPTICN A parcel of hand situated in Tract Y in a resubdivision of Iots 67,68 and a portion of Tract C, Block 1, Town of Avon, Eagle County' Colorado described in final Subdivision Plat-Am.b nt No. 4, Bark at Beaver Creels, Eagle County, Colorado and the road right-of-way to the Shrift Gulch Addition (a specially planned area) and Parcels 1 and 2 thereof, Tvwn of Avon, Colorado, the S1/2,NF4/4,NE1/4 Section 12, Township 5 South, Range the 6th Principal Meridian and more 82 west of follows: Particularly described as Beginning 4t<,4 Point O== to the Southeast corner of Parcel 1, the East corner of Tract Y, and the North right-of-way of Inter- state 70; thence continuing along the I-70 right-of-way along a curve to the right an arc length of 154.53 feet, a radius of 5565.00 feet utnse chard bears N55004136"W, a distance of 154.53 feet; thence N45039'15"W, 264.92 feet; thence departing frssn said right- of-way line N36°43'43"E, 147.39 feet to a point on the South right- of-way of Shrift Gulch Road; thence continuing along the right-of-way S53°16'17"E; 284.37 feet; thence departing from the right-of-way and continuing along a line cmmon to Parcel 1 and Tract Y S00001123"E, 221.71 feet to the point of beginning. The described parcel of land contains 1.36 acres. NOTICE: According to eolorado law you must commence any legal actin based upon uIy detect to this surrey within eta years after you first di"orer such detect. In no event. may any action based upon any detect In this surrey be commenced more then ton years from the date of tb •tlfieatlon shown hereon. 1000000, goommanommo~ KKBNA INC. C"ULTWO Et MWZRS AND LAND $tJRbEYORS P.O. BOX 97. EDwARDS.C01.01RADO 81632.00.'5926-3373 t', 0 n I,1 ~J STATE OF COLORADO ) COUNTY OF EAGLE ) CERTIFICATION SS 0 I, Patricia J. Doyle, DO HEREBY CERTIFY that I am the Town Clerk of the Town of Avon and the keeper of the records and corporate seal of said municipal corporation; and that the attached is a true copy of ordinance No. 85-17, SQr;roc of of the Town of Avon, County of Eagle and State of Colorado, and that said OrHinanr,P Nn_ Rte,-17 is in full force and effect at the date hereof, and the original is in my custody as Town Clerk. WITNESS MY HAND AND OFFICAL SEAL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, this 8th day of October , 1985. Patricia J. Do, e, Town C1 rk STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) 0 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 8TH DAY OF OCTOBER, 1985, AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 85-17, 1985: AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING CODE OF THE TOWN OF AVON BY THE AMENDMENT OF THE TOWN OF AVON ZONING DISTRICT MAP AND BY THE AMENDMENT OF ORDINANCE 81-35 ESTABLISHING THE SWIFT GULCH ADDITION TO THE TOWN OF AVON AS A SPECIALLY PLANNED AREA 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 24th day of September, 1985. TOWN-OF--AVON, COLO BY Patricia Doyle Town Cler POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON SEPTEMBER 25, 1985: THE MAIN ENTRANCE OF THE POST OFFICE THE MAIN ENTRANCE TO CITY MARKET THE PESTER GAS STATION; AND THE MUNICIPAL BUILDING IN THE MAIN LOBBY