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TC Ord. No. 1985-19ORDINANCE NO. 85 - 19 SERIES OF 1985 ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP OF THE TOWN OF AVON BY DESIGNATION OF CERTAIN DESCRIBED LAND AS SPECIAL PLANNED AREA WHEREAS, ALV Venture and Avon Lake Villas Lot 46 Partnership, both Colorado partnerships, have filed an application with the Town of Avon to amend the Zoning District Map of the Town of Avon by rezoning certain real property owned by ALV Venture and Avon Lake Villas Lot 46 Partnership located in the Town of Avon from a present zoning of Residential High Low Density to Residential High Density Commercial, said property legally described as Lots 45 and 46, respectively, Block 2, Benchmark at Beaver Creek Subdivision, County of Eagle, State of Colorado; and WHEREAS, a public hearing was held by the Planning and Zoning Commission of the Town of Avon on October 1, 1985, 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 hearing, the Planning and Zoning Commission 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 22nd of October, 1985, at which time the applicants and the public were given an opportunity to express their opinions regarding the proposed amendment; and Page 1 WHEREAS_,'based on the evidence, testimony, and exhibits, and a study of the Town of Avon Master Plan,.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. 2. That the hearing before the Planning and Zoning Commission and the Town Council was both extensive and complete and that all pertinent facts, matters and issues were submitted at that hearing. 3. 'That a change from Residential High Low Density zoning classification to Special Planned Area zoning classification is' more- _appropriate than a change to Residential High Density. Commercial zoning- classification .as, to only Lot 45, 'Block .2', Benchmark at Beaver-Creek Subdivision'. 4. 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. 5. That amending the Zoning District Map for the Town of Avon to-provide for-Special Planned Area zoning for Lot 45,- Block' 2_, Benchmark-at Beaver Creek Subdivision'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 is hereby amended'to reflect that lot 45, Block 2, Benchmark at Beaver Creek Subdivision, County of Eagle, State of Colorado, in the Town of Avon, shall be and hereby ',is designated a Special Planned-Area 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". Page 2 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 8th'day of October, 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 22nd.of October, 11985, at 7:30 P.M. in the Municipal Offices of the Town. ATTEST: TOWN CLERK MAYOR Page 3 INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY THIS day of , 1985. MAYOR ATTEST: TOWN CLERK 23.006 slm Page 4 ~f ORDINANCE NO. 85 - 19 SERIES OF 1985 ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP OF THE TOWN OF AVON BY THE INCLUSION OF CERTAIN DESCRIBED LAND IN THE RESIDENTIAL HIGH DENSITY COMMERCIAL ZONE DISTRICT WHEREAS, ALV Venture and Avon Lake Villas Lot 46 Partnership, both Colorado partnerships, have filed an application with the Town of Avon to amend the Zoning District Map of the Town of Avon by rezoning certain real property owned by ALV Venture and Avon Lake Villas Lot 46 Partnership located in the Town of Avon from a present zoning of Residential High Low Density to Residential High Density Commercial, said property legally described as Lots 45 and 46, respectively, Block 2, Benchmark at Beaver Creek Subdivision, County of Eagle, State of Colorado; and WHEREAS, public hearings were held by the Planning and Zoning Commission of the Town of Avon on October 1, 1985, 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 hearing, the Planning and Zoning Commission 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 22nd of October, 1985, at which time the applicants and the public were given an opportunity to express their opinions regarding the proposed amendment; and Page 1 ti WHEREAS, based on the evidence, testimony, and-exhibits, and a study of the Town of Avon Master Plan, 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. 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 amendmen-t to the Zoning District Map of the Town of Avon is consistent with the Master Plan for the-Town of Avon. 4. That the requested amendment to the Zoning District Map of',the Town -of Avon will be -tn- the best .i'n'terests of th'e health.,- safety,- wel fare and morals. of the citizens-of the Town of Avon. NOW, THEREFORE, RE IT ORDAINED RY 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 is hereby amended to reflect that Lots 45 and 46, respectively, Block 2, Benchmark at Beaver Creek Subdivision, County of Eagle, State of-Colorado, in the Town of Avon, shall be and each hereby is-.included in the Residential High Density Commercial-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". Page 2 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 8th day of October, 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 22nd of October, 1985, at 7:30 PM in the Municipal Offices of the Town. ATTEST: c- Mayor INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY THIS day of , 1985. Allan R. Nottingham, Mayor ATTEST: Patricia J. ,Doyle, Town Clerk Page 3 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 22ND DAY OF OCTOBER, 1985, AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 85-19, SERIES OF 1985: AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP OF THE TOWN OF AVON BY THE INCLUSION OF CERTAIN DESCRIBED LAND IN THE RESIDENTIAL HIGH DENSITY COMMERCIAL 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 passed by order of the Town Council of the Town of Avon, Colorado. Dated this 8th day of October, 1985 TOL BY: POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE ON OCTOBER 9, 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 ~ ~ ago - ~ 8 5-~C ~e~ o~-~~ ~g~-ate