7.16.150 Location, Character And Extent - CLEANOrdinance 25-06
7.16.150 Location, Character, And Extent, Avon Municipal Code
7.16.150 Location, Character And Extent
This Section implements and sets forth procedures for the regulation of the location, character and
extent of public facilities as provided by Section 31-23-209, C.R.S., Legal Status of Official Plan, as
amended. It is the intent of this Section to conform to the provisions of Section 31-23-209, C.R.S., to define
the factors to be considered in the "Location, Character and Extent" process and to prescribe procedures
for the orderly consideration of location, character and extent applications in order to effectuate the
purposes of the state statute.
(a) Applicability. No road, park, public way, ground or space, no public building or structure and no major
facility of a public utility shall be constructed or authorized, and no building permit for the same shall
be issued, in the Town unless and until the proposed location, character and extent thereof has been
submitted to and approved by the Town. Routine extensions of public utility lines, extensions or
installation of associated amenities within existing public parks and Town-owned properties, and
minor modifications to existing facilities shall not be subject to this procedure.
(b) Review Procedures. Applications for location, character and extent shall follow the general review
procedures set forth in Section 7.16.020, General Procedures and Requirements. Applications for
location, character and extent may be initiated by the owner or the governmental body having
jurisdiction over the public facility. Applications for location, character and extent may be combined
with other application procedures and submittal requirements, including but not limited to development
plan, and subdivision. The failure of the PZC and Council to act within sixty (60) days from and after
the date of official submission of a complete application to the Town shall be deemed approval of
such application.
(c) Review Authority. The PZC shall review applications for location, character and extent after
conducting a public hearing. The PZC may approve, approve with conditions or deny an application
for location, character and extent. In case of disapproval or approval with conditions which are not
acceptable to the applicant, the PZC shall communicate its reasons to the Council. The Council shall
review such decision of the PZC as soon as practical after conducting a public hearing and shall have
the power to overrule or modify such decision by a majority vote. The public hearing by Council shall
only require posted notice three (3) days prior to the hearing. If the public way, ground space,
building, structure or utility is one the authorization or financing of which does not, under the law or
charter provisions governing the same, fall within the province of the municipal governing body, the
submission to the PZC shall be by the governmental body having jurisdiction. The decision by the
Council to disapprove or approve with conditions which are not acceptable to the governmental body
having jurisdiction may be overruled by said governmental body by a vote of not less than two-thirds
(?) of its membership.
(d) Review Criteria. The PZC and Council shall use the following review criteria as the basis for
recommendations and decisions on applications for location, character and extent:
(1) Evidence of substantial compliance with the purpose of this Development Code;
(2) Consistency with the Avon Comprehensive Plan;
(3) Physical suitability of the land for the public way, place, structure, facility or utility;
(4) Compatibility with surrounding land uses; and
(5) Adequate mitigation of adverse impact on nearby properties or neighborhoods, including but not
limited to traffic, noise, odors, vibrations and property values.