TC Ord. No. 2015-11 Amending Avon Municipal Code Table 7.16-1 and 7.16.060(b)(1) Concering Lot Split PUD Amendments to Wildridge PUDI l
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Avo n
COLORADO
TOWN OF AVON, COLORADO
ORDINANCE 2015 -11
AN ORDINANCE AMENDING AVON MUNICIPAL CODE
TABLE 7.16 -1 AND SECTION 7.16.060(h)(1) CONCERNING
LOT SPLIT PUD AMENDMENTS TO WILDRIDGE PUD
WHEREAS, the Avon Town Council initiated an application ( "Application ") to amend the
text of the Avon Development Code ( "ADC ") in accordance with Section 7.16.040 of the ADC;
WHEREAS, the Application would amend Sections 7.16.060(h)(1) PUD Amendment
Categories and 7.16.060(h)(2) Reviewing Authority and Table 7.16 -1, Development Review
Procedures, in accordance with the Code Text Amendment;
WHEREAS, the Avon Planning & Zoning Commission held a public hearing on September
29, 2015, after publishing and posting notice as required by law, considered all comments,
testimony, evidence and staff reports provided by the Town staff, considered such information
prior to formulating a recommendation;
WHEREAS, the Avon Planning & Zoning Commission held additional work sessions on
January 5, 2016 and January 19, 2016 to consider additional public comments, testimony,
evidence and staff reports provided by Town Staff;
WHEREAS, after conducting the noticed Public Hearing and additional work sessions, PZC
approved Resolution 16 -01 and made the required findings to recommend approval of the
application to the Town Council;
WHEREAS, the Town Council of the Town of Avon held public hearings on March 8, 2016,
and March 22, 2016, and April 12, 2016 after posting notice as required by law, considered all
comments, testimony, evidence and staff reports provided by the Town staff prior to taking any
action on the Application;
WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has
considered the applicable review criteria for a Code Text Amendment and found the Application
in compliance with the review criteria, and specifically finds that the text amendment is
necessary or desirable to respond to changed conditions, new planning concepts or other social
or economic conditions and promotes the health, safety and general welfare of the Avon
community; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon home rule charter and the Avon
Ordinance No. 2015 -11— Wildridge Lot Split PUD Amendments
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Development Code by setting a public hearing in order to provide the public an opportunity to
present testimony and evidence regarding the application and that approval of this Ordinance on
first reading does not constitute a representation that the Town Council, or any member of the
Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Amendment to Table 7.16 -1: Development Review Procedures and Review
Authority. Table 7.16 -1, Development Review Procedures and Review Authority, of the ADC
is amended to insert a new horizontal cell row adjacent to the category for Planned Unit
Development, located below "Minor PUD Amendment" and above "Major PUD Amendment"
and shall read "Lot Split PUD Amendment for Wildridge PUD" together with a cell for "R"
under the Director column; a cell for "H -R" under the PZC column; and a cell for "H -D" under
the TC column, to read as follows:
Lot Split PUD Amendment for Wildridge PUD R H -R H -D
Section 3. Amendment to Add a New Section 7.16.060(h) is hereby repealed in its entirety
and re- enacted to read as follows:
(1) PUD Amendment Categories. Categories of PUD amendments are established and
defined as follows for the purpose of determining the appropriate review procedure:
(i) Administrative Amendment. A proposed PUD amendment is considered
administratively if it provides for the correction of any errors caused by mistakes that
do not materially alter the substance of the PUD development plan as represented to
the Town Council.
(ii) Minor Amendment. A proposed PUD amendment is considered minor if it meets the
following criteria for decision and has been determined as such by the Director:
(A) The PUD amendment does not increase density, increase the amount of
nonresidential land use or significantly alter any approved building scale and mass
of development.
(B) The PUD amendment does not change the character of the development and
maintains the intent and integrity of the PUD.
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(C) The PUD amendment does not result in a net decrease in the amount of open
space or result in a change in character of any of the open space proposed within
the PUD.
(iii) Lot Split Amendment to Wildridge PUD. A proposed PUD Amendment to the Wildridge
PUD to permit a lot split of a duplex lot into two lots is considered a Lot Split Wildridge
PUD amendment if it meets the following criteria for decision and has been determined
as such by the Director:
(A) The proposed duplex lot split is located in the Wildridge PUD Subdivision on a vacant,
undeveloped lot.
(B) The proposed PUD amendment meets the criteria for a Minor Amendment in Section
7.16.060(h)(1)(ii).
(C) The PUD amendment proposes to split one lot permitting a residential duplex dwelling into
two lots permitting one detached single - family - residential dwelling on each lot.
(iv) Major Amendment. A PUD amendment that is not classified as an administrative
amendment, minor amendment or Lot Split PUD amendment to Wildridge PUD is
considered a major amendment.
(2) Reviewing Authority.
(i) Administrative Amendments. The Director shall review and render decisions on Administrative
Amendments. A decision of the Director may be appealed to the Council pursuant to Section
7.16.160, Appeal.
(ii) Minor Amendments. The general procedures set forth in Section 7.16.020, General procedures
and requirements, shall apply to minor PUD amendment applications. The PZC shall review all
minor PUD amendment applications and shall provide a recommendation to the Town Council
after conducting a public hearing. The Town Council shall review and render a final decision,
through a resolution, on a minor PUD amendment application after conducting a public
hearing,
(iii) Lot Split Amendments to Wildridge PUD. The general procedures set forth in Section 7.16.020,
General procedures and requirements, shall apply to Lot Split Amendments to Wildridge PUD
applications. The PZC shall review all Lot Split Amendments to Wildridge PUD amendment
applications and shall provide a recommendation to the Town Council after conducting a public
hearing. The Town Council shall review and render a final decision, through a resolution, on a
Lot Split Amendments to Wildridge PUD amendment application after conducting a public
hearing.
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(iv) Major Amendments. The general procedures set forth in Section 7.16.020 shall apply to major
PUD amendment applications. All major PUD amendment applications shall be processed as
preliminary PUD and final PUD applications.
(3) Review Criteria, The PZC and Council shall review a PUD amendment according to the
same approval criteria listed above for a preliminary PUD development plan.
(4) Additional Review Criteria. The PZC shall review a Lot Split Amendment to the Wildridge
PUD application and Major Amendments in the Wildridge PUD that include a Lot Split
according the following criteria in addition to the review criteria for a preliminary PUD
development plan:
(i) The application results in less total site coverage and contains restrictions on building
envelopes when deemed appropriate to minimize site coverage;
(ii) Driveway disturbance is minimized and a shared driveway curb cut is utilized when
feasible and when a shared driveway curb cut would reduce site disturbance;
(iii) Areas not appropriate for development are designated on the PUD plan;
(iv) The proposed development of the site avoids disturbance of slopes greater than 30%
or reduces potential disturbance of slopes greater than 30% compared to the existing
PUD designation; and,
(v) The PUD plan incorporates requirements and /or restrictions as deemed appropriate to
minimize or mitigate impacts to properties in the vicinity, including but not limited to:
(A) enhanced landscaping;
(B) increased building setbacks (i.e. minimum 20' separation between buildings and a
minimum 10' setback between properties);
(C) designated building footprints;
(D) building height restrictions; and,
(E) designated architectural massing, including building square footage designation."
Section 4. Codification of Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
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substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED on March 8, 2016 and a public hearing on this ordinance shall be held at the regular
meeting of the Town Council on April 12, 20 1 at 5:00 P.M. in the Council Chambers, Avon
Municipal Building, One Lake Street, Avon, C 1 rado. _A---
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Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST: APP VED AS TO FORM:
Debbie Hoppe, Town lerk Eric Hei o rAttorne
Ordinance No. 2015 -11— Wildridge Lot Split PUD Amendments
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INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on A ri 12, 201
Jenni�e Fancher, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
�01�l)6 �Lak�
Debbie Hoppe, Town Cl r
Ordinance No. 2015 -11— Wildridge Lot Split PUD Amendments
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