TC Ord. No. 19-06 Amending Sections 7.08, 7.20.080, and Table 7.20-13 of the Avon Municipal Code to Permit Community Housing as a Use by Right in the Light Industrial and Commercial Employment District Zone DistrictTOWN OF AVON
ORDINANCE 19-06
AMENDING SECTIONS 7.08, 7.20.080, AND TABLE 7.20-13 OF THE
AVON MUNICIPAL CODE TO PERMIT COMMUNITY HOUSING AS A
USE BY RIGHT IN THE LIGHT INDUSTRIAL AND COMMERCIAL
EMPLOYMENT DISTRICT ZONE DISTRICT
RECITALS
WHEREAS, the Avon Town Council ("Town Council") initiated a code text amendment
application ("Application") to amend the text of the Avon Development Code ("ADC") in
accordance with ADC §7.16.040, Code Text Amendment;
WHEREAS, the Avon Planning & Zoning Commission ("PZC") held a public hearing on
July 2, 2019, after publishing and posting notice as required by law, considered all comments,
testimony, evidence and staff reports provided by the Town staff prior to formulating a
recommendation;
WHEREAS, after conducting the noticed Public Hearings, PZC made the required findings
to recommend approval to the Town Council;
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;
WHEREAS, pursuant to the home rule powers of the Town, the Town Council has the
power to approve ordinances necessary and proper to provide for the safety, preserve the
health, promote the comfort, and convenience of its inhabitants;
WHEREAS, the Town Council held a public meeting on September 10, 2019 to consider the
Application and first reading;
WHEREAS, the Town Council held a Public Hearing on September 24, 2019 after posting
notice as required by law, considered all comments, testimony, evidence, Planning and Zoning
Commission recommendations, and staff reports prior to taking action on the Application;
WHEREAS, the Town Council finds that changes to the Light Industrial and Commercial
Employment District (IC District) provide a method of delivering more Community Housing to
residents and workers in the Town;
WHEREAS, the Application was reviewed with the criteria listed in ADC §7.16.040(c),
Review Criteria, and are found to be in substantial compliance;
WHEREAS, the Application promotes and implements the goals and policies of the Avon
Comprehensive Plan, including, but not limited to, implementation of the Avon Community
Housing Plan by providing additional housing development in the IC District;
Ord 19-06 IC Zone District Revisions for Community Housing
September 24, 2019 - SECOND READING Page 1 of 5
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 ADC 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 Application.
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. Amendment to Section 7.08 - Definitions. is hereby amended to read as follows
with underline indicating language to be adopted:
Community Housing means the definition of Community Housing as set forth in Avon Municipal
Code Section 3.14.020.
Section 3. Amendment to Section 7.28.080 - Mixed-use and commercial districts purpose
statements. is hereby amended to read as follows with strike - out indicating language to be deleted
and underline indicating language to be adopted:
(g) Light Industrial and Commercial (IC). This district is intended to provide for a variety of
businesses, including warehouses, research and development firms, repair shops, wholesale
distributors, light manufacturing and Community Housing. This district may include supporting
office and commercial uses where appropriate. Uses permitted in this district are intended to serve
community and regional needs. This ais+ri^* is intended to be loeate 1 away from low and di
density residential Eleve opment. The IC district implements the light industrial commercial and
employment classification of the Avon Future Land Use Plan and should be located along an
arterial roadway.
Section 4. Amendment to Table 7.20-13 - Dimensions for the Light Industrial and
Commercial Employment District. is hereby amended to read as follows, with strike out
indicating language to be deleted and underline indicating language to be adopted:
Ord 19-06 IC Zone District Revisions for Community Housing
September 24, 2019 - SECOND READING Page 2 of 5
Min. Lot
Min.
Max. Lot
Min.
Min.
Min.
Min.
Max.
Max.
USE
Size (acres
Lot
Coverage
Landscape
Front
Side
Rear
Building
Density
TYPE
ors .)
q' ft
Width
(%)
Area (%)
Setback
Setback
Setback
Height
Residential
(feet)
(feet)
(feet)
(feet)
(fee)
Mixed Use
21,780 sq.
ft.
100
50
20
25
7.5
10
48
See
footnote 1
or IC
Community
21,780 sq.
100
50
20
25
7.5
10
48
10 du/acre
Housing
ft
Ord 19-06 IC Zone District Revisions for Community Housing
September 24, 2019 - SECOND READING Page 2 of 5
[1] Accessory dwelling units are permitted as a special review use pursuant to Section 7.16.100. The maximum density
residential in mixed use project shall be no more than four (4) ADU per acre; provided, however, on lots located on
less than one (1) acre, the Maximum Residential shall be four (4) ADU per lot.
j2] Additional Water Rights Dedication. The dedication of additional water rights may be required as a condition to
approval of development which exceeds the meter size assigned to the property. The Town may accept cash -in -lieu of
dedication in accordance with a water rights dedication impact fee schedule adopted by ordinance if the Town has
adequate availability of surplus water rights as determined by the Town Council in its sole discretion.
Section 5. Amendment to Section 7.24.040 - Table of allowed uses. is hereby amended to
read as follows, with stake-ou indicating language to be deleted and underline indicating
language to be adopted:
Use
Categooy
Use Type
P - Permitted Use S = Special Review Use
Use -
Districts in GREY are retired and not available for
Spec
rezoning.
Specific
Regulatio
Residential Nonresidential ns
R RH NC MC TC SC P P IC OLD
D L M
H C F
Residential Uses
Dwelling,
Single- P P
Family
Detached
Household
Dwelling,
Living Two -Family/ P P P
Duplex
' I
Dwelling,
Townhouse P P P P
Ord 19-06 IC Zone District Revisions for Community Housing
September 24, 2019 - SECOND READING
I
Page 3 of 5
Dwelling,
Multi -Family
P
P]
P
l�00�
CommunityP P P P P P P
Hog P — — P — P— —
S
1P I
Dwelling,
live/ work S S S S S S P S
Accessory S S S S
DU
[1]
Limited to
8 units per
building
in RM
Section 6. 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 7. 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 8. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption
in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 9. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town, that it is promulgated for
the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation
Ord 19-06 IC Zone District Revisions for Community Housing
September 24, 2019 - SECOND READING Page 4 of 5
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 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
Section 11. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED
TO PUBLIC HEARING on September 10, 2019 and setting such public hearing for September
24, 2019 at the Council Chambers of the Avon Municipal Building, located at One Hundred
Mikaela Way, Avon, Colorado.
BY:
Sarah Smith Hymes, Mayo
ATTEST:
Brenda Torres, Town
SPI OF q "
ADOPTED ON SECOND AND FINAL READING on September 24, 2019.
:•
Sarah Smith Hymes, Mayor
APPROVED AS TO FORM:
All-
Wisor, Town Attorney
ATTEST:
Brenda Torres, Town C
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