TC Ord. No. 1983-11•
M
TOWN OF AVON
ORDINANCE N0."83-11
Series of 1983
AN ORDINANCE CONCERNED WITH DISSOLVING_
THE DESIGN REVIEW BOARD, CREATING A
PLANNING AND ZONING COMMISSION AND
ESTABLISHING THE DUTIES AND FUNCTIONS
THEREOF.
BE-IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON:
Section 1.
.Title 2, Chapter 16 of the Municipal Code of the
Town of Avon shall be and.hereby is repealed-and reenacted
to read as;follows:
CHAPTER 2.16
PLANNING AND ZONING COMMISSION
Sections:
2.16.010 Purpose-and Objectives
2.16.020 Definitions.
2.16.030 Created Membership Terms.-
2.16:040 Vacancies.
2.16.050 - Compensation:.
2.16.060 Organization.
2.16.070 Rules of Procedure.
2.16:080 Authority- to Retain Consultants.
2.16.090 Meetings.
2.16.100--Staff
2.16.110 Duties of the Commission-.
2.16.120 Performance Bonding.
2.16.130- Material to be"Submitted.
2.16.140 Variances.
2.16.150 Design Review Fee.
2.16.160 Appeal to Town Council:
-2.16.170 Lapse of Approval.
Section 2.16.010 Establishment and Purpose.
A. There is hereby established a Planning and
Zoning Commission.of the Town of Avon.
B. The purposes of the Planning and Zoning
Commission are as follows:
1. To guide and-accomp_lish a coordinated,
adjusted and harmonious development of the municipality and
its environs,"which"will, in -accordance.with present and
future needs, best promote health, safety, morals, order,
convenience, prosperity, and general welfare',- as well as
efficiency and economy in the' process -of development,
including, among other 'things, adequate provision for
traffic, the,promotion of safety from fire", flood waters,
and other dangers, adequate provision for light and air-, the
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promotion of healthful and convenient distribution of
population, the promotion of good civic design and arrange-
ment, wise and efficient expenditure of public funds and the
adequate provision of public utilities and other public
requirements.
2. To secure safety from fire, panic,
floodwaters and other dangers; to promote health and general
welfare; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of
population; and to facilitate the adequate provision of
transportation, water, sewerage, schools, parks and other
public requirements.
3. To preserve the natural beauty of the
town's site and setting, and to prevent indiscriminate
clearing of property, removal of trees and earthmoving, and
to attain the objectives set out in this chapter through
design review of the exterior design of all new structures
and property development and additions to all existing
structures and property development.
C. The objectives of the design review function
of the Planning and Zoning Commission shall be as follows:
1. To prevent excessive or unsightly
grading of property which could cause disruption of natural
watercourses or scar natural landforms;
2. To ensure that the location and configu-
ration of structures, including signs and signage, are
visually harmonious with their sites and with surrounding
sites and structures and that there shall be conformance to
the master plan of record of the Town;
3. To ensure that the architectural design
of structures and their materials and colors are visually
harmonious with the town's overall appearance, with sur-
rounding 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;
4. To ensure that plans for the landscaping
of property and open spaces conform with the rules and
regulations as prescribed by the Town and by this chapter
and to provide visually pleasing settings for structures on
the same site and on adjoining and nearby sites.
Section 2.16.020
Definitions.
Certain terms as used in this chapter are defined
in this section. The commission shall define such other
terms as necessary to be used in its rules and regulations.
A. Town means the Town of Avon, Colorado.
Town.
B. Council means the elected Town Council of the
C. Commission means the Planning and Zoning
Commission of the Town.
D. Clerk means the Town clerk of the Town.
E. County means the County of Eagle, Colorado.
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Section 2.16.030 Created'---Membership Terms.
A. Effective the 1st day of May, 1983, there is
created hereby aPlanning and Zoning Commission of the Town
composed of seven members appointed by the Town Council to
which is delegated the powers and duties to administer this
chapter.
B. The term "Planning and Zoning Commission"
shall be -deemed to refer to the full seven member
commission, which commission -shall fulfill all duties and
have all powers now or hereafter delegated to either _-the
Planning and Zoning Commission of the Town of Avon or the
Design Review Board of the Town of Avon.
C. Effective the 1st day of May, 1983, the
existence of the independent Design Review Board of the Town
heretofore created is terminated, provided, however, that..
all matters pending before the Design Review Board on such
date shall fall within the jurisdiction of the Planning and
Zoning Commission and the rules and, regulations of the
Design Review Board shall be the rules and-regulations of
the Commission-until modified by the Commission and approved
by the Town Council.
D. Subsequent to the initial appointment of the
Planning Commission,- all members shall be residents of the
Town. Of the Planning Commission originally appointed, at
least four members shall be full-time legal residents of the
Town. Other members may be residents of the county but not
of the Town, provided they shall- be full-time legal
residents of the county having resided therein for at least
one year prior to their appointment.
E. The term of office for a member shall be
two years on an overlapping tenure; provided, however, that
of the members initially appointed, three members shall
serve-for terms of one year and four members shall serve for
terms of two years, respectively, and after the expiration
of the initial terms, each member. subsequently appointed
shall serve for a term of,two years.
Section 2.16.040 Vacancies.
A vacancy on the Planning and Zoning Commission
shall occur whenever a-member of the Commission is removed.
by the Town Council, dies, becomes incapacitated and unable
to perform his duties for a period of ninety days, resigns,
ceases to'be a resident of.-the community as appropriately
required, or is convicted of-a felony. A member of the
Commission may be removed for misconduct, including but not
limited to repeated absence from meetings and violation of
the town's conflict-of-interest guidelines. 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.
Section 2.16.050 Compensation.
All members of the Commission shall serve with
compensation.at:the rate of-fifty dollars per each attended
meeting, not to exceed one hundred dollars per month, and be
reimbursed for all authorized personal expenses incurred
while performing duties as a commission member.
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Section 2.16-.060 Organization.
The Commission shall select its own chairman, a
vice-chairman and a secretary from among its members.- The
chairman or, in his absence, the vice-chairman,. shall be the
presiding officer of its meeting. 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.
Section 2.16.070 Rules of Procedure.
The Commission shall .operate in accordance with
its own"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
Commission`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
Commission or disapprove the proposal with directions for,
revision and resubmission.
Section 2.16.080
Authority to Retain Consultants:
The Commission is authorized.-to retain the serv-
ices of one or-more consultants; -provided funds have been
appropriated by the Town for said purpose, to advise and
assist"the'Commission in performing'the functions prescribed
in this chapter. The consultants may be retained to advise
the Commission on a single project,:on a number of projects
or on a continuing basis.
Section 2.16.090 Meetings.. The Planning and
Zoning Commission shall meet in accordance with the rules of
procedure governing the Commission, and otherwise upon the
call or the Chairman, or in the absence of the Chairman, by'
the Vice-chairman. Meetings shall be called sufficiently,
frequently that the procedure, prescribed-in this chapter
shall commence within thirty days of submission of all
'materials required by this Code.,
Section 2.16.100 Staff.
The Planning Director shall serve as the staff of
the Commission,. and shall provide for the service of a
recording secretary, who shall act in the capacity of
secretary for the, Commission for the purpose of receiving
.,applications and other material for consideration for the
Commission.
Section 2.16.110 Duties of the Commission.
The Planning and Zoning Commission shall have the
following functions and duties:
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A. To make and recommend to the Town Council
plans for -the physical development of the Town, including
any areas outside its boundaries, subject to the approval of
the legislative or governing body having jurisdiction
thereof, which in the Commission's judgment bear relation to
the planning of the Town.- The plan, with the accompanying
maps,,p-lats, charts and descriptive matter, shall show the
commission's -recommendations for the development of the
subject territory;
B. To review and recommend to the Town Council
desirable or necessary modifications to the zoning
ordinance, with appropriate regulations, which may be
specifically provided or required by ordinance of the Town;
C. To review and recommend to the Town Council
desirable or necessary modifications to the subdivision
regulations, as may be provided or required by ordinance of
the Town;
D. To review and approve design review proce-
dures and criteria as they relate to the zoning ordinance;
E. To review and comment on programs and studies
of planning issues for the Town and its environs;
F. To conduct research and appropriate studies
of planning issues for the Town and its environs;
G. To act as design review board of the Town and
to perform all duties and exercise all powers assigned to
the Design Review Board of the Town.
H. To consider any other matters pertaining to
the Commission as provided by law, resolution or ordinance,
and to act in-an advisory capacity to the Town Council when
so requested, and to perform all other powers and duties
authorized and required by ordinance or state law.
I. To review and approve, disapprove or
conditionally approve design of all proposed structures in
the Town, based upon criteria and procedures determined
necessary for the health, safety and welfare of the
residents of the-Town and approved by the Town Council. The
Town shall not authorize site preparation, building
construction, sign erection or application, exterior- -
alteration 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 chapter.
Section 2.16.120
Performance Bonding.
If the Commission determines such action is
necessary to protect the health, safety and welfare of the
residents of'the Town, prior to issuing approval of any
application, the Commission may require.permittee to submit,
prior to obtaining a building permit, a letter of credit,
surety bond or other adequate security, in a form and an
amount acceptable to the Town, guaranteeing to the Town the
compliance with all requirements of the Commission, or
regulations or ordinances of the Town. it is not the
intention of this provision that duplicate bonding be a
requirement.
Section 2.16.130 Material to be Submitted.
A. The Commission shall adopt rules and regu-
lations for the submission of applications, materials and
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information requiring action by the Commission. 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 action by the Commission shall submit all
of the required material and information in accordance with
the rules and regulations of the Commission. Any applica-
tion found incomplete shall not come before the Commission.
Section 2.16.140 Variances.
The Commission may provide for certain variances,
exceptions and exemptions from the requirements of its rules
and regulations.
Section 2.16.150
Fees.
The Town Council shall establish a schedule
sufficient to cover the cost of Town staff time, consult-
ant's fees, public notices and incidental expenses of the
Commission
Section 2.16.160
Appeal to Town Council.
A. Unless otherwise specifically provided in
this Code, appeal of any decision of the Planning and Zoning
Commission shall be governed by the provisions of this
section.
B. Decision of the Planning and Zoning Commis-
sion 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.
C. Within ten working days following action of
the Planning and Zoning Commission, notification of its
decision shall be deposited in the United States 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 Planning and Zoning Commission.
D. Not more than thirty days following the
filing of an appeal, the Town Council shall review the
action of the Planning and Zoning Commission. The Town
Council shall, in writing, confirm, modify or reverse the
decision of the Commission within thirty days following the
commencement of review. If it deems insufficient informa-
tion 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 a granting of
the appeal unless the applicant consents to a time
extension.
E. Any decision by the Town Council which
results in disapproval of the Planning and Zoning Commission
shall specifically describe the reasons for disapproval.
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F. 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 dollars.
.Section 2.16.170 Lapse of Approval.
Approval of an application of any nature except
zoning shall-lapse and shall become void two years following
the date'of final approval of the application prescribed by
ordinance, unless, prior to the expiration of-two years, a
building permit based upon such approval is issued and
construction, is commenced and diligently pursued toward
completion.
Section 2. Severability.
If any part or parts hereof are for any -reason
held to be invalid, such shall not affect the remaining
portions of.this Ordinance.
INTRODUCED; PASSED ON FIRST:, READING, APPROVED AND ORDERED
POSTED, THIS .8th-,day . of March, 1983 and a public hearing
on this-Ordinance shall be held at the,regular meeting of
the - TownCouncil of the Town.'of Avon; Colorado, - on the
22nd day of March, 1983 At : 7 A0 P':M. 'in the Municipal
Building of the Town of Avon', Colorad .
/s/ Sh"la Davis.
Sht&la-Davis, Acting Mayor
ATTEST:
/s/ Patricia J. Doyle
Patricia J. Doyle
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
"POSTED this 12th day of April, 1983.
Allan R, of Ingham ayor
A ST:
-Patricia J. Doyle
Town Clerk
0.3 4/13/83
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORA.DO,AT''7:30 P.M. ON THE 22ND DAY OF MARCH,
1983 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON; COLORADO
FOR THE PURPOSE OF CONSIDERING THE'ADOPTION OF ORDINANCE N0.#83-11.
SERIES OF 1983:
AN ORDINANCE CONCERNED WITH DISSOLVING THE DESIGN REVIEW BOARD, CREATING
A PLANNING AND ZONING COMMISSION AND ESTABLISHING THE DUTIES AND
FUNCTIONS THEREOF
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 notice given and passed by order of the Town Council of the
Town of Avon, Colorado.
Dated this, 10th day of :'March 1983.
TOWN AVON, COLORA
Patricia J. DdVle, Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE.TOWN OF AVON ON
MARCH.-, - ~ -10th`, 1983:
THE MAIN ENTRANCE OF THE POST OFFICE,
THE MAIN ENTRANCE TO CITY MARKET,
THE PESTER-GAS STATION; AND
THE'MAIN LOBBY IN THE MUNICIPAL BUILDING