TC Ord. No. 2017-14 Approving Code Text Amendments to Title 7: Definition of Family,ova n
TOWN OF AVON
ORDINANCE 17-14
APPROVING A CODE TEXT AMENDMENT APPLICATION
FOR AMENDMENTS TO TITLE 7: DEVELOPMENT CODE;
AND THE DEFINITION OF FAMILY
WHEREAS, a property owner submitted an application ("Application") to amend the
definition of Family in the Avon Development Code ("ADC"), in accordance with Section
7.16.040 (a), ADC;
WHEREAS, the Avon Planning & Zoning Commission ("PZC") held a public hearing on
September 5, 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, with edits, to the Town Council;
WHEREAS, the Town Council of the Town of Avon held a public hearings on October 10,
2017, after posting notice as required by law, considered all public 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;
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. 17-14 — Amending Development Code: Family
SECOND READING — October 10, 2017
Page 1 of 3
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 Chapter 7.08 Definitions. The definition of Family is amended
to read as follows, with underline indicating language to be adopted:
"Family means an individual living alone or either of the following groups
living together as a single housekeeping unit and sharing common living,
sleeping, cooking and eating facilities:
(a) Any number of persons related by blood, marriage, adoption, guardianship
or other duly authorized custodial relationship and not more than one
additional person; or
(b) Any unrelated group of persons consisting of:
1) Not more than four (4) persons; or
2) Not more than two (2) unrelated adults and their children and not more
than one additional person, if any or..."
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
Ord. 17-1H - Amending Development Code: Family
SECOND READING — October 10, 2017
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welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. Publication. 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 September 26, 2017 and setting such public hearing for October 10, 2017 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
Je ie Fancher, Mayor l5ebbie Hoppe, Town Cl rk
ADOPTED ON SECOND AND FINAL READING on October 10, 2017. '•'�'
B ATTEST: ' SEq AL.
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e ie Fancher, Mayor Debbie Hoppe, To Jerk ��ON1�D0
APP ED AS TO
7_
Eric J. He' 6 n' Attorney
Ord. 17-14 — Amending Development Code: Family
SECOND READING — October 10, 2017
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