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TC Ord. No. 1978-09 R • ORDINANCE NO. 78-9 SERIES 1978 AN ORDINANCE'CREATING A DESIGN REVIEW BOARD AND AUTHORIZING ITS POWERS, DUTIES, PROCEDURES, RULES AND REGULATIONS: REQUIRING DESIGN APPROVAL BEFORE THE CONSTRUCTION OF ANY STRUCTURE OR ALTERNATION OF ANY PROPERTY: PROVIDING FOR THE ASSESSMENT OF FEES, DEFINITIONS OF TERMS, PROCEDURES FOR LAPSE OF DESIGN APPRO- VAL, APPEALS, VARIANCES, FXCEPTIONS, AND PENALTIES FOR VIOLA- TIONS OF THE PROVISIONS OF THIS ORDINANCE. WHEREAS, the Town Council of the Town of Avon, Colora- do, deems it in the interest of the public health, welfare and safety to preserve the natural beauty and setting of the Town and to prevent indiscriminate clearing of property, removal of trees, and earth moving, to insure the location and configuration of structures are visually harmonious with their sites and surround- ing sites and structures, and to insure that the architectural design of structures and their materials and grounds are visually harmonious with the Town's overall appearance and with the surround- ing environment, and to insure that the plans for the landscaping of property and open spaces provide visually pleasing settings for structures on the same site and blend harmoniouslv with the environment; NOW THEREFORE, be it ordained by the Town Council of the Town of Avon, Colorado, that; Section 1. Purpose. In order to preserve the natural beauty of the Town's site and setting, and to prevent indiscriminate clearing of pro- perty, removal of trees, and earthmoving, and to attain the objec- tives set out in this section, exterior design of all new structures and property development and additions to all existing structures and property development shall be subject to design re- view. The objective shall be as follows: a. To prevent excessive or unsightly grading of property which could cause disruption of natural watercourses or scar natural landforms; b. To ensure that the location and configuration of structures, including signs and signage, are vis- ually harmonious with their sites and with surround- ing sites and structures, and that there shall be conformance to the Master Plan of record of the Town of Avon; C. To ensure that the architectural design of structures and their materials and colors are visually harmonious with the Town's overall appearance, with surrounding development, with natural and existing landforms, and with officially approved development plans, if any, for the areas in which the structures are proposed to be located; d. To ensure that plans for the landscaping of property and open spaces conform with the rules and regula- tions as prescribed by the Town and by this ordinance, and to provide visually pleasing settings for struc- tures on the same site and on adjoining and nearby sites. Section 2. Board - Organization - Powers and Duties. a. There is created hereby a Design Reveiw Board of the Town of Avon composed of seven (7) members appointed by the 6 ordinance no. 78-9 page 2 Town Council to which is delegated the powers and duties to ad- minister this Ordinance. b. The term "design review board" shall be deemed to refer to the full seven member board; which board shall also _ review signs. c. At least three members shall be full-time legal residents of the Town of Avon and also own real property within the Town of Avon. Other members may be selected-from areas within the County of Eagle, provided they shall be full-time legal residents of the County having resided therein for at least one year prior to their appointment; and if such persons are available in the County and willing to serve, priorities shall be given to, respectively, a Colorado licensed architect, a landscape archi- tect, a licensed professional civil engineer and a building contractor or superintendent of building construction, or other person qualified by experience and training to pass on matters pertaining to building construction. Provided, however, at no time shall there be more than two members from the same profession or business. The term of office for a member shall be three years on an over-lapping tenure; provided, however, that of the members initially appointed, two members shall serve for terms of one year, two members shall serve for terms of two years and three members shall serve for terms of three years, respectively, and after the expiration of the initial terms, each member- subsequently appoint- ed shall serve for a term of three years. d. A vacancy on the Design Review Board shall occur whenever a member of the Board is removed by the Town Council, dies, becomes incapacitated and unable to perform his duties for a period of 90 days, resigns, ceases to be a resident of the community as appropriately required, or is convicted of a felony. In the event a vacancy occurs, the Town Council shall appoint a successor to fill the vacancy and serve the remainder of the term of the former member. e. All members of the Board shall serve with compen- sation at the rate of twenty-five ($25.00) dollars per each attended meeting, not to exceed one-hundred ($100.00) dollars per month, and be reimbursed for all authorized personal expenses incurred while performing duties as a Board Member. f. The Board shall select its own chairman and vice- chairman from among its members and shall appoint a recording secretary, who may be compensated according to the rules and regulations of the board. The chairman or, in his absence, the vice-chairman, shall be the presiding officer of its meetings. In the absence of both the chairman and the vice-chairman from a meeting, the members present shall appoint a member to serve as acting chairman at the meeting. All meetings shall be held at the offices of the Town, unless otherwise specified with adequate notice given to all interested parties. Four members shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number shall adjourn any meeting to a later time or date, and in the absence of all members, any staff member shall adjourn any meeting to a later time or date. g. The Board shall operate in accordance with its own 0 0 ordinance no. 78-9 page 3 rules of procedure as provided for in Section 11.2 of the Town Charter. The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be subject to public inspection; provided, however, that the Board shall submit its proposed rules or any amendment thereto to the Town Council which by motion shall approve the rules or amendment and direct their adoption by the- Board or disapprove the proposal with directions for revision and resubmission. h. The Board is authorized to retain the services of one or more consulting architects, engineers, landscape architects, or urban designers, provided funds have been appropriated by Town for said purpose, to advise and assist the Board in performing the design review functions pre- scribed in this Ordinance. The consultants may be retained to advise the Board on a single project, on a number of projects, or on a continuing basis. i. The Design Review Board shall meet upon call of the chairman. Meetings shall be called sufficiently frequently that the design review procedure prescribed in this Ordinance shall commence within thirty days of submission of-all- materials required by Section 5 of this Ordinance. Section 3. Design approval. The Town shall not authorize site preparation, building construction, sign erection or application, exterior altera- tion or enlargement of an existing structure or paving, fencing, planting, or other improvements of open space unless design approval has been granted as prescribed in this Ordinance. Section 4. Performance Bonding. Prior to issuing a building permit for any building or anv other construction on the premises, permittee shall submit a letter of credit or surety bond, in a form and an amount acceptable to the Town, guaranteeing to the Town the compliance with all requirements of the Board. Section 5. Material to be Submitted. a. The Board shall adopt rules and regulations for the submission of materials and information on any proposed building or development for action by the Board. The rules and regulations shall include procedures, schedules, content and quantities of materials to be submitted. b. The owner or authorized agent of any proposed project requiring design approval as prescribed in this Ordinance shall submit all of the required material and information to the Town Clerk; any application found incomplete shall not come before the Board. The Board Chairman may determine, within five days of a written request by an applicant, that certain material or information is not needed and may be excluded from the initial application submission. Section 6. Definitions. Certain terms as used in this Ordinance are herein defined; The Board shall define such other terms as necessary to be used in its rules and reaulations: • ordinance no. 78-9 a. Town: b. Council: c. Board: d. Clerk: e. County: page 4 Town of Avon, Colorado Elected Town Council of the Town of Avon Design Review Boards, Town of Avon Town Clerk, Town of Avon County of Eagle, Colorado Section 7. Variances. The Board may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations. Section 8. Design Review Fee. The Town Council shall approve of a design review fee, schedule sufficient to cover the cost of Town staff time, consul- tant's fees, public notices and incidental expenses Section 9. Appeal to Town Council. a. A decision of the Design Review Board may be appealed to the Council by the applicant or any aggrieved person or at the request of the Mayor at any time before the decision becomes final. b. Within seven days following action of the Design Review Board, its decision to approve, disapprove, or request changes in the project design shall be deposited in the U.S. Mail to the applicant and his designated agent, and posted in a conspicuous manner at the Town Office. The decision shall become final if no written appeal is made to the Town Council by any aggrieved person within twenty days following the decision of the Design Review Board. c. Not more than twenty days following the filing of an appeal, the Town Council shall review the action of the Design Review Board. The Town Council shall, in writing, confirm, modify or reverse the decision of the Design Review Board within twenty days following the commencement of review. If it deems insufficient information is available to provide the basis for a sound decision, the Town Council may postpone final action for not more than thirty additional days. Failure of the Council to act within thirty additional days shall be deemed approval by the Council of the design of the project unless the applicant consents to a time extension. d. Any decision by the Town Council which results in disapproval of the project design shall specifically describe the purpose or design guidelines with which the project does not comply and the noncompliance. e. Any appeal must be presented to the Town Clerk at the Town Office, and each appeal must be accompanied by a processing fee of fifty ($50.00) dollars. Section 10. Lapse of Design Review Approval. Approval of the design of a project as prescribed by this Ordinance shall lapse and shall become void two years following the date of final approval of the project as prescribed by ordinance, unless prior to the expiration of two years a building permit is issued and construction is commenced and diligently pursued toward completion. is 6 0 ordinance no. 78-9 page 5 Section 11. Severability. Any provision of this ordinance or the application thereof to any person or circumstance held invalid by a court of law, such invalidity should not affect ofer provisions or applica- tions of this ordinance which can be given effect without the invalid provisions or application and to this end, the pro- visions of this ordinance are declared to be severable. Section 12. Safetv Clause. The Town Council hereby finds, determines and declares that this ordinance is necessary for the preservation of the public health, welfare and safety. INTRODUCED, PASSED, READ, APPROVED AND ORDERED PUBLISHED THIS I oZ`I'I'1 DAY OF ~~c em btr 1978. TOWN OF AVON ATTEST: By: n_elo V. A i, Mayor By: 16211_L \ DaMM Leslie James Allen, Town Clerk STATE OF COLORADO ) COUNTY OF EAGLE )ss. TOWN OF AVON ) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN of a public hearing before the Town Council of the Town of Avon, Colorado, at 7:30-p.m. of the 5th day of December 1978, at the Town Hall for the purpose of considering the adoption of an ordinance: AN ORDINANCE CREATING A DESIGN REVIEW BOARD AND AUTHORIZING ITS POWERS, DUTIES PROCEDURES, RULES-AND REGULATIONS: REQUIRING DESIGN APPROVAL BEFORE THE CONSTRUCTION OF ANY STRUCTURE OR ALTERATION OF--ANY PROPERTY: PROVIDING FOR THE ASSESSMENT FEES, DEFINITION--OF TERMS, PROCEDURES FOR LAPSE OF THE DESIGN APPROVAL, APPEALS, VARAINCES, EXCEPTIONS, AND PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS ORDINANCE. A copy of said Ordinance is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This meeting is open to-the general public-. - This notice given and..published ,by order of~,. the Town Council,- of the Town of Avon. Dated this 29th day of November ,197 8 TOWN OF AVON, COLORADO By order of the Town Council By: Town-. Clerk Posted at the following public places within the Town of Avon on 197 , at: The Northeast side of the Benchmark Shopping Center (Avon Post Office) The main entrance-Eagle Valley Bowl-- The Pester Gas Station; and The Town Office, Second Floor, Benchmark Shopping Center f 1 STATE OF COLORADO ) COUNTY OF EAGLE )ss. TOWN OF AVON ) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN of a public hearing before the Town Council of the Town of Avon, Colorado, at 7:30 p.m. of the 15th day of November 1978, at the Town Hall for the purpose of considering the adoption of an ordinance; AN ORDINANCE RELATING TO THE CREATION OF A DESIGN REVIEW BOARD - ITS POWERS AND DUTIES; DESIGN APPROVAL.OF STRUCTURES WITHIN THE TOWN OF AVON; PER- FORMANCE'BONDING;SUBMISSION OF MATERIALS; BOARD PROCEDURES; DESIGN GUIDELINES; DESIGN REVIEW FEES; APPEAL OF DESIGN REVIEW BOARD TO TOWN COUNCIL; LAPSE OF DESIGN APPROVAL; AND TO PROVIDE A PENALTY FOR VIOLATION OF THE PROVISIONS OF THIS ORDINANCE A copy of said Ordinance is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This meeting is open to the general public. This notice given and published -by,- order--,.of---the Town Council of the Town of Avon. Dated this - 9th day of November , .1938 . TOWN OF AVON, COLORADO By order of the Town Council !~Y: CE5.g~i5,kim S 0((Fi, Town--Clerk Posted at the following public places within the Town of Avon on November 9th, 1978. The Northeast side of the Benchmark Shopping Center (Avon Post Office) The main entrance Eagle Valley Bowl The Pester Gas' Station; and The Town Office, Second Floor, Benchmark Shopping Center 61 i