PZC Res. No. 2004-18TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 04 -18
SERIES OF 2004
A RESOLUTION RECOMMENDING APPROVAL OF ORDINANCE 04 -07,
AMENDING THE APPEALS PROVISIONS OF TITLES 2,15 AND 17 OF THE AVON
MUNICIPAL CODE TO THE TOWN COUNCIL
WHEREAS, Titles 2, 15 and 17 of The Avon Municipal Code establish appeals procedures
from decisions of the Planning & Zoning Commission; and
WHEREAS, the Planning & Zoning Commission appeals process is proposed to be
consolidated so duplicative and conflicting appeals provisions are not subject to confusion
by the public; and
WHEREAS, the Planning and Zoning Commission have reviewed the attached Ordinance
04 -07 Series of 2004 ( "Exhibit A "), and held a public hearing as required by the Avon
Municipal Code to review the proposed amendments;
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends to the Town Council the approval of Ordinance 04 -07 Series of 2004
in order to amend the existing Avon Municipal Code as adopted.
ADOPTED THIS 1st DAY OF JUNE, 2004
Signed: t
Z�& Date:
u
Chris Evans, Chair
Attest:
Date: 2?a0
Terry Smitg, ecretary
F:\Planning & Zoning Commission \Resolutions\2004 \Res 04 -18 Appeals Ordinance Adoption.doc
Exhibit "A" to Resolution 04 -18
ORDINANCE NO. 04 -07
AN ORDINANCE AMENDING TITLES 2,15 AND 17,
MUNICIPAL CODE OF THE TOWN OF AVON, AS IT
RELATES TO APPEALS FROM DECISIONS OF THE
PLANNING AND ZONING COMMISSION
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. Subsection (a) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended as follows:
"(a) Appeal of any decision of the Planning and Zoning Commission shall
be governed by the provisions of this section."
Section 2. Amendment. Subsection (b) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended as follows:
"(b) Decisions of the Planning and Zoning Commission may be appealed
to the Council by the applicant or any interested person or may be reviewed at the
request of the Mayor at any time before the decision becomes final. An
"interested person" is an adjacent property owner or a person entitled to have
notice of the hearing mailed to him in association with the action of the
Commission."
Section 3. Amendment. Subsection (c) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended to provide as follows:
"(c) Within five (5) working days following action of the Planning and
Zoning Commission, notification of its decision shall be deposited in the United
States mail to the applicant or his or her designated agent. The decision shall
become final unless a written appeal or request for review by the Mayor is
received by the Town Clerk within fifteen (15) days of the decision of the
Planning and Zoning Commission."
Section 4. Amendment. Subsection (d) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended to provide as follows:
"(d) Not more than thirty (30) days following the filing of an appeal or the
request for review by the Mayor, the Town Council shall review the action of the
Planning and Zoning Commission. The Town Council shall, in writing, confirm,
modify or reverse the decision of the Commission within thirty (30) days following
the commencement of review. If it deems insufficient information is available to
provide the basis for a sound decision, the Town Council may postpone final action
for not more that thirty (30) additional days. Failure of the council to act within the
thirty (30) additional days shall be deemed action confirming the decision of the
Commission unless the applicant consents to a time extension. Action of the Town
Council shall become final immediately."
Section 5. Amendment. Subsection (e) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended to provide as follows:
(e) Any decision by the Town Council which results in action modifying or reversing
the decision of the Planning and Zoning Commission shall specifically describe the
reasons therefor.
Section 6. Repeal. Section 17.12.110, Chapter 12 of Title 17, Avon
Municipal Code, is repealed.
Section 7 Repeal. Section 17.36.080, Chapter 36 of Title 17, Avon
Municipal Code, is repealed.
Section 9 Repeal. Paragraph (5) of Subsection (b) of Section 15.28.090,
Chapter 28 of Title 15, Avon Municipal Code, is repealed.
Section 10. Repeal. Section 17.36.090, Chapter 36 of Title 17, Avon Municipal
Code, is repealed.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 11th day of May, 2004, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 8th day of June, 2004, at 5:30 P.M. in the
Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of 12004.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
Memo
To:
From:
Date
Re:
Summary:
Planning and Zoning Commission
Tambi Katieb, Community Development A l ■ V 1 ■
C O L O R A D O
May 27, 2004
Proposed Appeals Ordinance - Resolution No. 04 -18 (Public Hearing)
Town Council recently passed Ordinance 04 -07 on first reading and has forwarded it
to you for a recommendation before finally approving the amendments listed to Titles
2, 15 and 17 of the Avon Municipal Code.
I have attached a cover of the memo to Council by the Town Attorney that
summarizes the proposed Ordinance for your review.
The intent of the Ordinance and proposed changes are to consolidate the appeals
process for a number of items that you render decisions on. The proposal is not
intended in any way to limit your ability to approve zoning and design review matters,
but instead create one consistent approach to the appeals process for all decisions
of the Commission.
Recommendation:
Staff recommends that you approve Resolution 04 -18, forwarding the proposed
Ordinance back to Town Council for final reading and adoption.
Recommended Motion:
" I move to approve Resolution 04 -18, recommending to Town Council the adoption
of clarifications and revisions to appeals processes (as outlined) formally amending
the Town Code"
Attachments:
A. Memo to Council dated May 6, 2004 from Town Attorney.
B. Resolution 04 -18 recommending approval of Ordinance 04 -07
C. Proposed Ordinance 04 -07 amending Titles 2, 15 and 17 of the Municipal Code.
Appeals Ordinance (Amending titles 2,15 and 17 of the Avon Town Code)
Resolution 04 -18, Recommending Adoption to Town Council / June 1, 2004 Page 1 of 2
MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: ORDINANCE RELATING TO APPEALS FROM DECISIONS
OF PLANNING AND ZONING COMMISSION
DATE: May 6, 2004
You have on your agenda an ordinance which is intended to clarify and consolidate
the provisions for appeal of decisions of the Planning and Zoning Commission.
Under this ordinance, there will be only one provision governing appeals, contained
in Section 2.16.160. Most of the subsections of that section are set forth in the ordinance tendered
to you. As you can see, subsection (b) defines "interested parties" as adjacent property owners or
persons who received notice. Provisions for call -up by the mayor are currently in the code.
Subsection (c) sets the time for appeal at 15 days. The code currently provides a
time for appeal of either 30 days or 7 days from delivery of the decision to council and the
applicant, depending on what the Commission acted on.
The amendments to subsections (d) and (e) are "housekeeping" amendments which
are not substantive in nature. The remaining sections of the ordinance repeal other appeal
provisions and a duplicative provision with respect to obtaining additional information.
Because this ordinance in part amends the Town's zoning code, it needs to be
forwarded to the Planning and Zoning Commission for review and recommendation. I recommend
that council adopt this ordinance on first reading, refer it to the Planning and Zoning Commission
for review at their next meeting and schedule final reading on June 8.
JWD:ipse