TC Ord. 18-07 Approving the Avon Community Housing PlanTOWN OF AVON
ORDINANCE NO. 18-07
AN ORDINANCE APPROVING THE AVON COMMUNITY HOUSING PLAN
RECITALS
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 Town of Avon ("Applicant") has initiated a Comprehensive Plan Application to
address housing; and
WHEREAS, the Town of Avon Planning and Zoning Commission conducted public hearings on
June 5, 2018, and June 19, 2018, and prior to formulating a recommendation to the Town Council
considered public comments, testimony, evidence and Town staff reports;
WHEREAS, the Town of Avon Planning and Zoning Commission took action to adopt Findings
of Fact in accordance with AMC §7.16.030(c), and made a recommendation to the Avon Town Council
to adopt the Avon Community Housing Plan; and
WHEREAS, in accordance with AMC §7.12.030, Town Council, and in addition to other authority
granted by the Town Charter, its ordinances and 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, 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 July 10, 2014, August
14, 2018, and August 28, 2018, 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, pursuant to AMC §7.16.030(c), Review Criteria the Town Council has considered the
applicable review criteria for a Comprehensive Plan application, as more specifically described below; and
WHEJREAS, in accordance with the review criteria outlined AMC,§7.16.030(c), Review Criteria, the
Town Council finds that the Avon Community Housing Plan is in compliance with the purposes of the
Development Code by achieving the housing needs in the Town; providing a range of price points to serve
a complete range of life stages to provide a stable full time residential community balancing the visitor
economy; complies with the goals and policies of the 2017 Avon Comprehensive Plan by strengthening the
policy objectives related to achieving a diversity of housing types to serve all segments of the population;
and, the Avon Community Housing Plan will promote the health, safety, and welfare of the Avon
Community by supporting families and building a stable community with opportunities for young
professionals, families, and retirees.
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. Avon Community Housing Plan. The attached ("Exhibit A to Ordinance 18-07")
document is hereby approved and considered a "Comprehensive Plan," as defined by AMC §7.08,
Ord 18 - 07 Avon Community Housing Plan
August 28, 2018 SECOND READING Page 1 of 3
Definitions, and shall serve as a guiding document for housing and community development in the
Town.
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 take effect no 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.
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.
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND
REFERRED TO PUBLIC HEARING and setting such public hearing for 5:00 on August 28, 2018 at
the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
SIGNATURE PAGE FOLLOWS
Ord 18 - 07 Avon Community Housing Plan
August 28, 2018 SECOND READING Page 2 of 3
SIGNED:
Je e Fancher, Mayor
Published by posting in at least three laces in Town and posting at the office of the Town Clerk
at least seven days prior to finalR wn Council.
°/
ATTEST: OVED AS TO FO
•SEA�:�
Debbie Hoppe, Tov6n ler .•E ' ell own Anorfrey
��l ORAaa
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on August 28, 2018.
SI ',NED:
nni 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. _. Clc- _
ATTEST:
Debbie Hoppe, T
Ord 18 - 07 Avon Community Housing Plan
August 28, 2018 SECOND READING
�l`A OF A.
SEAL:
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