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