TC Ord. No. 1995-20 Approving the annexation and development of PVRT MOTT I LLCStNI tl " ;Utten Jonnson No0 Ins on" y—IL—yS "IU ;UaAM " UJhNh (JU;i)
TOWN OF AVON
ORDINANCE NO. 95 -20
r i ISERIES 08 1995
AN ORDINANCE APPROVING THE ANNEXATION AND DEVELOPM iT
(THE "AGRSZbU=" ) BETWEEN THE TOWN OF AVON (THE j NTOWN) AND EMD
LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY,
PVRT MOTT I LLC, A COLORADO LIMITED LIABILITY COMPANY, PVRT NOTT II
LLC, A COLORADO LIMITED LIABILITY COMPANY AND PVRT MOTT III LLC, A
COLORADO LIMITED LIABILITY COMPANY (COLLECTIVELY, THE "OWNERSu)
CONCERNING ANNEXATION OF THE LANDS DESCRIBED IN ORDINANCES NUMBER
95-16 AND NMONR 95-19 AND CONCERNING THE DEVELOPMENT RIGHTS AND
RESPONSIBILITIES OF THE TOWN AND THE OWNERS WITH RESPECT THERETO;
AND AUTHORIZING THE MAYOR OF THE TOWN OF AVON TO SIGN SAID
ANNEXATION AND DEVELOPD MiT AGREEMENT; AND APPROVING A SITE SPECIFIC
DEVELOPMENT PLAN ESTABLISHING A VESTED PROPERTY RIGHT PURSUANT TO
ARTICLE 68 OF TITLE 24, C.R.S., AS AMENDED.
WHEREAS, those lands described in Town of Avon Ordinances Number
95 -16 and Number 95 -19 (the "Property ") are to be annexed to the
Town pursuant to the terms and conditions of the Agreement and
those same Ordinances; and
WHEREAS, the Town and the Owners have negotiated the terms and
conditions of the Agreement concerning the annexation of the
Property and the development rights and responsibilities of the
Town and the Owners with respect thereto; and
WHEREAS, the full text of this proposed Ordinance was duly
published in a newspaper of general circulation throughout the Town
of Avon and said publication also set forth the date and time of
the public hearing at which the Town Council of the Town of Avon,
Colorado (the "Town Council "), considered the Agreement; and
WHEREAS, notice of the date and time of the public hearing at which
the Town Council considered the Agreement was duly mailed to all
property owners within 300 feet of the Property; and
WHEREAS, Town of Avon Ordinance Number 95-17 establishes the zoning
for the Property pursuant to the terns of a Planned Unit
Development; and
WHEREAS, pursuant to Avon Municipal Code section 17.14.100, the
Town Council has agreed with the Owners to designate approval of
the Agreement together with approval of the Planned Unit
Development for the Property pursuant to Town of Avon Ordinance
Number 95 -17 as the site specific development plan for the
Property; and
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WHEREAS, it is the intent of the Town Council th t approval of the
Agreement together with approval of the Planned Unit Development
for the Property pursuant to Town of Avon Ordinance Number 95 -17
constitute approval of a site specific development plan
establishing a vested property right pursuant to Article 68 of
Title 24, C.R.S., as amended; and
WHEREAS, approval of the Agreement is in the best interests of the
public health, safety and general welfare of the people of the Town
of Avon, Colorado.
NOW, THEMPORZ, BE IT ORDAI.NED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO:
Section _l. Approval of the Agreement together with
approval of the Planned Unit Development for the Property
pursuant to Town of Avon Ordinance Number 95 -17 are hereby
designated as the site specific development plan for the
Property.
Section 2. The Agreement is hereby approved.
Section on 3 . The Mayor of the Town of Avon, Albert Reynolds,
is hereby authorized to sign the Agreement.
Section 4. Approval of the Agreement together with
approval of the Planned Unit Development for the Property
pursuant to Town of Avon Ordinance Number 95 -17 hereby
constitute approval of a site specific development plan
establishing a vested property right pursuant to Article 68
of Title 24, C.R.S., as amended.
Section 5. Within fourteen (14) days after passage on
Second Reading of this Ordinance, the Town Clerk be and she
is hereby authorized and directed to :.
A. Publish the full text of this Ordinance in a newspaper
of general circulation within the Town of Avon (either
the Vail Valley Times or the Vail Trail); and
B. Concurrent with the publication required in Section
5(A) above, publish a notice advising the general
public that approval of the Agreement pursuant to this
Ordinance together with approval of the Planned Unit
Development for the Property pursuant to Town of Avon
Ordinance Number 95 -17 constitute approval of a site
specific development plan establishing a vested
property right pursuant to Article 68 of Title 24,
C.R.S., as amended.
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SENT BY:Otten Jonnson Robinson; 9 -12 -95 ; *05AM ; OJRNR (303)825 - 6525-; ;» 4
Section 6. The effective date of this Ordinance shall be
seven (7) days after publication of public notice,
following final passage.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED PUBLISmm
this 12th day of September, 1995 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 day of , 1995
at 7:30 p.m. in the Municipal Build=ng of the Town of Avon,
Colorado.
Mayor
Attest:
Patty Neyhart
Town Clerk
INTRODUCED, PASSED ON SECOND READING,
PUBLISHED this day of
Mayor
Attest:
Patty Neyhart
Town Clerk
APPROVED AS TO FORM:
John Dunn, Esq.
Town Attorney
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APPROVED AND ORDERED
1995.
SENT BY:Otten Johnson Robinson; 9 -12 -95 ;10 :05AM ; OJRNR (303) 825 -6525 ;# 5
CERTIFICATE OF PUBLICATION
I, Patty Neyhart, Town Clerk of the Town of Avon, hereby
certify that a true and full copy of Ordinance Number 95 -20 was
published in , a newspaper of general
circulation in the Town of Avon, on 1995. A
copy of the published text is attached hereto. i
Date:
Patty Neyhart
Town Clerk
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