TC Ord. No. 2016-14 Approving Code Text Amendments for the Public Facilities and Town CenterAvo n
COLORADO
TOWN OF AVON, COLORADO
ORDINANCE NO. 16 -14
APPROVING CODE TEXT AMENDMENTS FOR THE PUBLIC FACILITIES
AND TOWN CENTER ZONE DISTRICTS
WHEREAS, the Town of Avon ( "Town ") is a home rule authority 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 Town Council finds that periodic review and updates to the Avon
Municipal Code ( "AMC ") are necessary to respond to changing conditions; and
WHEREAS, the Planning & Zoning Commission ( "PZC ") of the Town of Avon held a
public hearing on August 2, 2016, 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 to the Town Council; and
WHEREAS, the Town Council of the Town held a public hearing on September 13, 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; and
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
WHEREAS, the Town Council finds that necessary in response to new conditions affecting
governmentally owned properties; and
WHEREAS, the Town Council finds approval of the Application is in compliance with the
mandatory review criteria; 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
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.
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Ord No. 16 -14 Amending Avon Municipal Code
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. Municipal Code Amendments.
Table 7.24 -1, Allowed Uses, of the ADC is amended to add "P" (permitted) to the "TC"
(Town Center zone district) column for the following Public and Institutional Uses:
Library; Government services, offices and facilities; and, Post office branches; and
Table 7.24 -1, Allowed Uses, of the ADC is amended to add "S" (special review use) to
the "PF" (Public Facilities zone district) column for the following Residential Uses:
Dwelling, Single - Family Detached; Dwelling, Two- Family/Duplex; Dwelling,
Townhouse; Dwelling, Multi - Family; Dwelling, live /work; and, Accessory DU; and
Section 3. 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
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. 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 5. 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 6. 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
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Ord No. 16 -14 Amending Avon Municipal Code
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
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.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED on August 9, 2016 and a public hearing on this ordinance shall be held at the regular
meeting of the Town Council on September 13, 2016, at 5:30 P.M. in the Council Chambers,
Avon Municipal Building, One Lake Street, Avon, Colorado.
BY ATTEST:
iow��,�
Jen
Ae ancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on September 13, 2016.
B : ATTEST:
(' La— Gk"— i'1A6P . &--
ie ancher, Mayor Debbie Hoppe, To n Clerk
APP E AS TO FO
Eric J. eil own Attorney
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Ord No. 16 -14 Amending Avon Municipal Code