TC Ord. No. 2016-09 Amending the Comprehensive Pan; District 13: Nottingham Road Commerical DistrictAvo n
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TOWN OF AVON, COLORADO
ORDINANCE NO. 16 -09
AMENDING THE COMPREHENSIVE PLAN; DISTRICT 13:
NOTTINGHAM ROAD COMMERCIAL DISTRICT
WHEREAS, the Town of Avon ( "Town ") is a home rule municipal corporation and body
politic organized under the laws of the State of Colorado and possessing the maximum powers,
authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Eagle River Fire Protection District ( "Applicant ") submitted development
applications to the Town including a Major Development Plan and a Comprehensive Plan
Amendment for the Joint Public Safety Facility project; and
WHEREAS, the Joint Public Safety Facility is located on a property zoned Public Facilities
(PF), and according to the Comprehensive Plan is located within District 13: Nottingham Road
Commercial District; and
WHEREAS, a Major Development Plan Application for the Joint Public Safety Facility was
approved by the Planning and Zoning Commission contingent upon approval of a
Comprehensive Plan amendment; and
WHEREAS, according to the Avon Municipal Code ( "AMC ") §7.20.080(e), the PF district
is "intended to provide sites for public uses such as community centers, police and fire stations
and governmental facilities," and unless otherwise set forth in the Avon Comprehensive Plan the
dimensional standards for the zone district apply; and
WHEREAS, the Joint Public Safety Facility has unique design features, including a training
tower and layout of emergency vehicle bays for effective ingress and egress, which are directly
related to the performance and functioning of the public facility and which do not meet the
dimensional standards set forth in the Public Facilities zone district; and
WHEREAS, the Applicant submitted a Comprehensive Plan Amendment application
( "Application ") to the Town's Community Development Department for amendments to District
13: Nottingham Road Commercial District to set forth certain dimensional standards in the Avon
Comprehensive Plan which reflect the unique design features of the Joint Public Safety Facility;
and
WHEREAS, the Town's Planning & Zoning Commission ( "PZC "), after publishing and
posting notice as required by law, held a public hearing on April 5, 2016; and prior to
formulating a recommendation to the Town Council considered all comments, testimony,
evidence and Town Staff reports; and then took action to adopt Resolution 2016 -03 to make a
recommendation to the Town Council for approval of the Application, and
Ord 16 -09 Comp Plan Amendment for District 13: Nottingham Road Commercial
SECOND READING - May 24, 2016
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WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in
accordance with the requirements of AMC §7.16.020(d), Step 4: Notice, held public hearings on
May 10, 2016, and May 24, 2016 and prior to taking final action considered all comments,
testimony, evidence and Town Staff reports; and then took action by approving this Ordinance;
and
WHEREAS, in accordance with AMC §7.12.020, Town Council, and in addition to other
authority granted by the Town Charter, its ordinances or State of Colorado law, the Town
Council has application review and decision - making authority to approve, approve with
conditions or deny the Application; and
WHEREAS, pursuant to AMC §7.16.030(c), Review Criteria, the Town Council has
considered the applicable review criteria for a Comprehensive Plan Amendment and specifically
finds that the Application meets the criteria in AMC §7.16.030(c)(1) that the Joint Public Safety
Facility as designed provides an essential public benefit of fire and police protection and other
locations are not feasible or practical due to the proximity to the I -70 interchange and minimum
size and access requirements for the Joint Public Safety Facility; and
WHEREAS, development in District 13:Nottingham Road Commercial District in
accordance with the Application will provide for orderly growth in accordance with the policy
and goals set forth in the Comprehensive Plan;
WHEREAS, the Application provides flexibility with site design and building form that are
in response to changing circumstances in District 13: Nottingham Road Commercial District; and
WHEREAS, it is the Town Council's opinion the health, safety and welfare of the citizens
by locating essential public safety services in an appropriate location of Town, sized accordingly
with a 50 year design; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the
Town Council desires to comply with the requirements of the Avon Home Rule Charter 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 this Ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
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. Comprehensive Plan Amendment. The Comprehensive Plan is hereby amended
to modify language in District 13: Nottingham Road Commercial District, as attached ( "Exhibit
A to Ordinance No. 16 -09 ").
Ord 16 -09 Comp Plan Amendment for District 13: Nottingham Road Commercial
SECOND READING - May 24, 2016
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Section 3. 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 has 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 4. Effective Date. This Ordinance shall in no event take effect sooner than thirty
(30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares 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 this Ordinance is necessary for
the preservation of health and safety and for the protection of pubic 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 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical,
grammatical, cross - reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[EXECUTIONPAGE FOLLOWS]
Ord 16 -09 Comp Plan Amendment for District 13: Nottingham Road Commercial
SECOND READING - May 24, 2016
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INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on May 14, 2016 and setting such public hearing for May 24, 2016 at the Council
Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
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ATTEST:
Debbie Hoppe, Tow i 'Ierk
ADOPTED ON SECOND AND FINAL READING on May 24, 2015.
Bf., ATTEST:
Je ie Fancher, Mayor bebbie Hoppe, T14n Clerk
APPROVED AS TO FORM:
Eric , Town Attorney
Ord 16-09 Comp Plan Amendment for District 13: Nottingham Road Commercial
SECOND READING - May 24, 2016
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