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TC Ord. No. 1985-18ORDINANCE NO. 85-18 SERIES OF 1985 AN ORDINANCE PROVIDING FOR THE APPROVAL OF USES PURSUANT TO A PRECISE PLAN FOR A PORTION OF THE SPA (SPECIALLY PLANNED AREA) ZONE DISTRICT ESTABLISHED BY ORDINANCE 85-3. WHEREAS, Avon Trader, Inc., a Colorado Corporation, has filed an application with the Town of Avon for approval of uses pursuant to a Precise Plan for a portion of the SPA (Specially Planned Area) Zone District established by Ordinance 85-3, which Precise Plan shall encompass the area shown on Exhibit A hereto; and WHEREAS, public hearings were held by the Planning and Zoning Commission of the Town of Avon on August 29, 1985, Septem- ber 17, 1985, October 1, 1985, and October 15, 1985, pursuant to notice as required by law, at which time the applicant and the public were given an opportunity to express their opinions regard- ing the proposed uses; and WHEREAS, following such public hearings, the Planning and Zoning Commission forwarded a report and recommendation on the proposed uses to the Town Council; and WHEREAS, after notice as provided by law, a public hear- ing was held before this Council on the 8th day of October, 1985, the 22nd day of October, 1985, and the 12th day of November, 1985, at which time the applicant and the public were given an opportunity to express their opinions regarding the proposed uses; and WHEREAS, based on the evidence, testimony, and exhibits, and a study of the adopted Working Goals and Objectives of the Town of Avon Development Plan and the recommendations of the Town of Avon Planning and Zoning Commission, this Council finds as follows: 1. That 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; 0 L` 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 uses, consisting of Automobile Service Station with Car Wash, Convenience Store, Office Space, and Public Use (Riverfront Park) Area are consistent with the adopted Working Goals and Objectives of the Town of Avon Development Plan; 4. That the requested approval for proposed uses for the portion of the SPA (Specially Planned Area) Zone District established by ordinance 85-3, as shown on Exhibit A, 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. Approval of Proposed Uses Pursuant to a Precise Plan The proposed uses pursuant to a Precise Plan for a portion of the SPA (Specially Planned Area) Zone District established by Ordinance 85-3, which Precise Plan shall encompass the area shown on Exhibit A, shall be and hereby is approved for the development of an Automobile Service Station with Car Wash, Convenience Store, Offices, and Public Use (Riverfront Park) Area pursuant to a Precise Plan, as approved by the Planning and Zoning Commission and the Town Council of the Town of Avon. Section 2.. Effective Date The approval of the proposed uses pursuant to a Precise Plan provided herein shall take effect in accordance with the Charter and Ordinances of the Town of Avon. INTRODUCED, PASSED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, THIS 24th day of September, 1985, 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 October, 1985, at 7:30 p.m., in the Municipal Offices of the Town of Avon. ATTEST: s/ Sheila R. Davis, Mayor Pro Tem s/Patricia J. Doyle, Town Clerk INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY, THIS day of , 1985. ATTEST: Allan R. Nottingham, Mayor Patricia J. Doyle, Town Clerk 2 Ask 1 LAND DESCRIMCN A parcel of land located in the Northwest Quarter of the Southeast SAlarter of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Town of Awn, Eagle County, Colorado, more particularly described as follows: Beginning at a point on the Northerly right-of-way of U.S. Highway No. 6 from which the Northwest corner of said NW1/4SE1/4 bears N65°04'54"W, 1141.53 feet; thence departing-frcm the said right-of- way N27°19'04"E, 168.19 feet to a point on the approximate center- line of the Eagle River; thence along the approximate centerline S75029"52"E, 233.41 feet to a point on the East line of said NW1/4- SE1/4; thence departing from the approximate Eagle River centerline and continuing along said East line S00015'05"W, 247.02 feet to a point on the Northerly right-of-moray line of U.S. Highway No. 6; th nce along said right-of-way line N62040'56"W, 340.00 feet to the point of beginning. The described parcel contains 1.298 acres. 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 8TH DAY OF OCTOBER, 1985, AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 85-18, SERIES OF 1985: AN ORDINANCE PROVIDING FOR THE APPROVAL OF USES PURSUANT TO A PRECISE PLAN FOR A PORTION OF THE SPA (SPECIALLY PLANNED AREA) ZONE DISTRICT ESTABLISHED BY ORDINANCE 85-3 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. Thks notice given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this 25th day of September, 1985. TOI BY POSTED AT THE FOLLOWING PUBLIC PLACES WITH: ON SEPTEMBER 26, 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 b-r~), -m- s 5 - J,~) was ~e ~ ~