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TC Ord. No. 2017-05 Approving Title 7: Development Code Text Amendments, Avon Municipal CodeAvo n TOWN OF AVON ORDINANCE 17-05 APPROVING TITLE 7: DEVELOPMENT CODE TEXT AMENDMENTS, AVON MUNICIPAL CODE 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 Avon Planning & Zoning Commission held a public hearing on February 7, 2017, 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, after conducting the noticed Public Hearing, PZC 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 February 28, 2017, and March 14, 2017 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 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: Ord. 17-05 — Amending Development Code SECOND READING — March 14, 2017 Page 1 of 5 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 Chapter 7.08 Definitions. The definition of Accommodation or accommodation unit is amended to read as follows, with strike ou indicating language to be deleted and underline indicating language to be adopted: "Accommodation or accommodation unit means any room or group of rooms used primarily for transient lodging and accessible from common corridors, walks or balconies without passing through another accommodation unit and shall be no larger than six hundred (600) square feet. For the purposes of calculating allowable units per acre or density, each accommodation unit shall be counted as one-third (?hof a dwelling unit, except as set forth in the definition of dwelling unit herein." Section 3. Amendment to Chapter 7.08 Definitions. The definition of Comprehensive Plan is amended to read as follows, with c*-�ou indicating language to be deleted and underline indicating language to be adopted: "Comprehensive Plan means the Avon Comprehensive Plan; the West Town Center District Investment Plan; the East Town Center District Plan; the Master Plan for Harry A. Nottingham Park; the Town of Avon 2016 Recreational Trails Master Plan; and the Town of Avon Comprehensive Transportation Plan, any other document adopted as a supplement or sub -area plan of the Avon Comprehensive Plan, as all such documents may be amended from time to time, provided that such amendments or supplemental documents are adopted by ordinance." Section 4. Amendment to Table 7.16-1. Table 7.16-1 is hereby amended for Minor Subdivision process and corrected for Final Planned Unit Development as follows, with strike - ou4 indicating language to be deleted and underline indicating language to be adopted: Procedure Director PZC TC Planned Unit Development j (§7.16.060) JI Administrative PUD D A Minor PUD Amendment Lot Split PUD Amendment for Wildridge PUD R H -R H -D R H -R H -D Major PUD Amendment R H -R H -D Preliminary PUD R H -R Fl - Ord. 17-05 — Amending Development Code SECOND READING — March 14, 2017 Page 2 of 5 Final PUD Subdivision (§7.16.070) I R Final PUD Administrative Subdivision Minor Subdivision Pl-R R 11-8 H -R — H -D D A R D 1� A Preliminary Plan R H -R H -D Section 5. Amendment to Section 7.20.090 — Overlay Districts. Section 7.20.090 — Overlay Districts, Section (a) Short Term Rental Overlay — STRO, (1) Intention, is amended to read as follows, with strike out indicating language to be deleted and underline indicating language to be adopted: "(1) Intention. The Short Tenn Rental Overlay (STRO) zone district is intended to allow short tern rentals of properties, including but not limited to accommodation, apartments, bed and breakfast, condominium, hotel, lodge, motel and residential properties for periods of fewer than thirty-one (3}30) days or- ess subject to the provisions of this Chapter. The STRO zone district shall be an overlay zone district which shall apply to allow short teen rentals of properties. Properties in the STRO zone district shall otherwise be subject to all requirements of the underlying zone district." Section 6. Amendment to Section 7.24.070 — Accessory uses and structures. Section 7.24.070 — Accessory uses and structures is hereby amended to enact a new sub -section (e)(4) to read as follows: Section 7.24.070(e) "(4) Home Occupations and Home Offices. Home occupations and home offices that comply with the definition and regulations set forth in the Avon Development Code are permitted accessory uses to residential use in residential zone districts." Section 7. Amendment to Section 7.32.100 — Public improvements, public improvement agreements, construction and guarantee of improvements. Section 7.32.100 — Public improvements, public improvement agreements, construction and guarantee of improvements, sub -section (e) Methods (1) Deposit in Escrow, is amended to read as follows, with strike out indicating language to be deleted and underline indicating language to be adopted: "Deposit in Escrow. The dz,vel nier— pplicant may propose to deposit a cash sum equal to the estimated cost of all required public improvements plus overrun allowances as provided in Table 7.32-2 above, either with the Town or in escrow with a responsible Ord. 17-05 - Amending Development Code SECOND READING - March 14, 2017 Page 3 of 5 financial institution authorized to do such business in the state. In the case of an escrow account, the developer applicant shall file with the Town an escrow agreement that includes the following terms: Section 8. Amendment to Section 7.32.100 — Public improvements, public improvement agreements, construction and guarantee of improvements. Section 7.32.100 — Public improvements, public improvement agreements, construction and guarantee of improvements, sub -section (e) Methods, is hereby amended to enact a new sub -section (3)(4) to read as follows: Section 7.32.100(e) "(4) No Financial Guarantee. The applicant may propose to provide no financial guarantee provided that applicant (i) signs a public improvements agreement in a form acceptable to the Town Attorney, (ii) agrees that building permits and other development approvals may be withheld by the Town until completion and acceptance of the public improvements, (iii) agrees to disclose the public improvements agreement in any purchase and sale contract for the property or any portion thereof, (iv) agrees that the public improvements agreement shall be required, and (v) agrees to provide a guarantee in form acceptable to the Town to secure the site in the event of delay or abandonment in the construction and installation of public improvements." Section 9. Amendment to Section 7.36.100 — Method of petition for disconnection. Section 7.36.100 — Method of petition for disconnection is amended to read as follows, with r*��e-out indicating language to be deleted and underline indicating language to be adopted: "Proceedings for disconnection may be initiated only by petition of the Town Council. Disconnection is a legislative act and the Town Council shall exercise its sole discretion in the disconnection of land. The owner shall provide notice and copy of the disconnection petition and application to the Board of County Commissioners of Eagle County and to the Board of Directors of any affected special district at least thirty (30) days prior to any public hearing." Section 10. 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 11. 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 Ord. 17-05 — Amending Development Code SECOND READING — March 14, 2017 Page 4 of 5 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. Sec, tion 12. Effective Date. This Ordinance shall take effect thirty days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. e_ctijn 13. 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 14. ubkeation. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code, INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on February 28, 2017 and setting such public hearing for March 14, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. "r, ATTEST: ICO ie Faucher, Mayor Debbie e,461 A?C�erl ADOPTED ON SECOND AND FINAL READING on March 14, 2017. Ord. 17-05 — Amending Development Code SECOND READING - March 14, 2017 Page 5 of 5 ATTEST: -IS E A L: