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TC Ord. No. 1995-09 Providing the approval of an amended PUD Tract AA, Filing 2TOWN OF AVON ORDINANCE NO. 95 -9 SERIES OF 1995 AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN AMENDED PUD DEVELOPMENT PLAN TO REDEFINE THE BOUNDARY OF THE PUD TO EXCLUDE TRACT AA, FILING 2, MOUNTAIN STAR SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Mountain Star Limited Liability Company, owner of Mountain Star Subdivision, and Tract AA, Filing 2, has filed an application with the Town of Avon to amend the existing Mountain Star Planned Unit Development to redefine the boundary of Filing 2, so as to exclude Tract AA (further described on exhibit "A ")-, and WHEREAS, a public hearing has been held by the Planning and Zoning Commission of the Town of Avon, pursuant to notices required by law, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed amendment; and WHEREAS, following such public hearing, the Planning and Zoning Commission forwarded reports and recommendations on the proposed amendment to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, a public hearing was held before this Council on the 23rd day of May, at which time the applicant 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 Comprehensive Plan of the Town of Avon and the recommendation 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. The the proposed amendment to the Planned Unit Development is consistent with the Comprehensive Plan of the Town of Avon. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT, the amendment to the existing Mountain Star Planned Unit Development redefining the boundary of Filing 2 by excluding Tract AA, Filing 2, is approved citing the following findings 1. The amended PUD is consistent with the development patterns and locations set forth in the Town of Avon Comprehensive Plan. 2. The amended PUD is consistent with the Comprehensive Plan goals and objectives related to land use and proximity to the town core, 3. The amended PUD is consistent with the Comprehensive Plan goals and objectives related to the environment, 4. The amended PUD is consistent with the Transportation Plan traffic generation forecast for this property, 5. The amended PUD is consistent with the approved Development Plan for the Swift Gulch PUD INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 23rd day of May, 1995, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the 13th day of June, 1995, at 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Albert J. Rey olds, or - P- a*Y- Neyhaff, —GN4C Linda M. Donne 1 lon - T4Wr+-E4e+1F Deputy Town Clerk INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED POSTED this 13th day of June , 1995. I own Ulerk APPROVED AS TO FORM Town Attorney I- Town of Avon Town Council Ir Albert J. Re olds, r EXHIBIT A oo° AMENDED FINAL PLAT, MOUNTAIN STAR \ i LOT (' LOT ; I v 1 . ' J 62 I /I O LOT SET N 1/4 kORNEji',' �� �1 m CT S 1 3 11 LOT g} n0N , LOT 1g 1i' 1 FOUND PANT ON UNE 1 A`UMIN�M -A, 1 1-2+323 BASIS OF BEARING +ACT u s x4 s S89'51'09'E ' 2685.13' 1' AL 25 ON p REBAR \ c 7 1312.56' L O fOU T L 07 TRACT , SECND NE CORNER 8 9y 15'T 1 \ �.\�\ L20 35' BLM BRASS 239.tY 2,( \. L % BS' MAINTENANCE EASEMENT TRACT Z 2'y / Q. \ c2 66.39' C21, �` L17.�' TRACT / . t C2? 244.379 ACRES � ip0 SET P.O.L. T71 1.3' CAP ON 1�J REBAR I LS 24325 Q ue 7 i ' TRACT W ( SECTION 1 CID L41 !� l 65' MAINTENANCE EASEMENT — LY 052' C1 p 'tc T C / - 7190. 4 1V 910 Cr' L2 MOUNTAIN STgR1B1YE_ -e4 \` Clfi - -- L12 15 L" TRACT W 234.01' r—• FOUND EI /4 CORNER t 1 1 TRAILHEAD AND SECTION I I PARKING 3.5' BUM BRASS CAP Cl EASEMENT to 1 / Q N ., '163.90 i I 8 b A TRACT 01.67• V FOUND P.O.L 1.5' CAP ON / S REBAR ' FOUND P.O.L / LS 24323 1.5' CAP ON, . / 5 "AR LS 24323 TOWN OF AVON FINAL SUBDIVISION PLAT AMENDAf' NO. 4 BENrL`AMRK AT BFI VF,R" / EEK .< J ,. 466.25' �� TJ 'FOUND E 1/16 CORNER SECTION 1 FOUNO SE CORNER 13' BW BRASS CAP 1972 - SECTION IBRA55 CAP IL �\ •� '�� •. - , 2 _ 1942 . q S`> SECTION 12 0 . ti N00'16'16'W PLATTED DIMENSIONS ^' N0076.3J'W FIELD MEASURED DIMENSIONS TRACT AA p L, 14103 ACM3 O m 0 FOUND OR SET MONUMENT AS NOTED. G I5 NO C1N -NE 1/64 CORNER 515.57' 920.00' FOUND N -N 1/64 CORN: 3 BRASS CAP S69S9'52'W 1335.57' SECTION 12 LS 15710 1979 - 3' BRASS CAP LS 15710 1979 I 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 13TH DAY OF JUNE, 1995, AT THE TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 95 -9, SERIES OF 1995: AN ORDINANCE APPROVING AN AMENDED PUD DEVELOPMENT PLAN TO REDEFINE THE BOUNDARY OF THE PUD TO EXCLUDE TRACT AA, FILING 2, MOUNTAIN STAR SUBDIVISON, TOWN OF AVON, EAGLE COUNTY, COLORADO 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 is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 25th day of May, 1995. TOWN OF AVON, COLORADO i BY: Linda Donnellon Deputy Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MAY 25, 1995; AVON POST OFFICE IN THE MAIN LOBBY CITY MARKET IN THE MAIN LOBBY COASTAL MART, INC.; AND AVON MUNICIPAL BUILDING IN THE MAIN LOBBY