TC Ord. No. 1984-10TOWN OF AVON
ORDINANCE'NO:.,84-10 -
Series of 1984
AN ORDINANCE ESTABLISHING A'SYSTEM TO GOVERN THE
ADMINISTRATION OF FRACTIONALIZATION OF DEVELOPMENT RIGHTS
IN THE TOWN OF AVON, COLORADO, MAKING NECESSARY-
RELATED AMENDMENTS TO THE ZONING CODE OF THE TOWN OF
AVON AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
WHEREAS, the Town of Avon was created as a munici-
pal government encompassing the boundaries of-lands in Eagle
County, Colorado, originally known as Benchmark at Beaver
Creek Subdivision, and
WHEREAS, upon the creation of Benchmark at,Beaver
Creek Subdivision, state and local governments having
jurisdiction over the approval and development of such
subdivision required the imposition of certain limitations
on the development, and
WHEREAS, upon the incorporation of the subdivision
and the later annexation of certain adjoining properties,
both the developers and the Town Council, recognizing the
obligation of each to respect and implement the conditions
under which the subdivision was originally developed, have
attempted to adhere to and incorporate into the Town's
planning process the system of limited development rights,
sometimes called density units or allowed density,
incorporated into the original plats of the subdivision and
amendments thereto, and
WHEREAS, the Town, based upon extensive analysis
of the relationship of units of-various sizes, has
determined that smaller residential units have less impact
upon areas of concern than identical numbers of'larger
residential units, and such relationship can be expressed by
the formula contained in this Ordinance, and
WHEREAS, such goals require,the-amendment of
certain related sections of the Municipal Code of the Town
of Avon.
NOW, THEREFORE, be it ordained by the Town Coun-
cil, the Town of Avon:
Section 1. The Municipal Code of the Town of Avon
shall be and hereby is amended by the-addition of a new
chapter,-which shall be identified as Chapter 17.22, which
shall read as follows:
Chapter 17.22
FRACTIONALIZATION OF DEVELOPMENT RIGHTS
17.22.010 Purposes
17.22.020 Fractionalization of Development Rights
17.22.010 Purposes. The purposes of this chapter
are:
A. to continue a system of controlled growth
heretofore required by the State of Colorado and the County
of Eagle upon lands encompassed within the original Town of
Avon and to continue such system on lands later annexed to
the Town, in order to preserve and.enhance the quality of
life within the Town of Avon;
B. to provide for recognition of-proportional
impacts created by differing sizes of residential dwelling
units;
C. to encourage the development of a wide variety
of residential housing types, particularly affordable
dwelling units, either by purchase or rental, to persons of
all income levels, visitor and resident alike;
D. to permit Development Rights to be
fractionalized into a combination of smaller units provided
that the aggregate gross square footage of all units
fractionalized under this Chapter is governed by a maximum
limitation.
17.22.020 Fractionalization of Development Riahts.
A. This chapter provides for a fractionalization
formula which establishes the terms, conditions, and
limitations, whereby a Residential Development Right may be
fractionalized:
1. Hotel-lodge Development Rights may not be
fractionalized.
2. Development Rights may be fractionalized
only on lots zoned (either through conventional zoning or
SPA designation) for triplex or larger multi-family use.
3. Projects for which a temporary or
permanent certificate of occupancy has been issued shall not
be fractionalized.
4. Any unit constructed based upon a
fractionalized Residential Development Right may not exceed
a gross residential floor area of 1,800 square feet.
5. This section shall apply only to those
Residential Development Rights declared by the applicant for
fractionalization.
B. The Town Manager shall establish the '
administrative process for implementing the provisions of
this Chapter, which process shall be approved by the Town
Council prior to implementation.,
C. The fractionaliz_ation process shall be
effected using a formula predicated upon a fraction which,
when multiplied by.the quantity of housing units desired,
yields the development rights-required, which may be
illustrated as follows:
(Number of x (Fraction applicable to = (Residential
Proposed Units) . :type of proposed unit) Development
Rights
Required)
Conversely, to determine the number of
fractionalized housing units which may be constructed, the
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number of Residential Development
divided by the fraction applicable
type illustrated as follows:
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Rights available shall be
to the desired housing
Residential Development Rights
Available Number of Fractionalized
Applicable Fraction .Units Possible
D. Fractions of a whole Residential Development
Right can be converted, at the applicant's.election pursuant
to the administrative procedures established, to any
combination of housing types, based upon the application of
the following fractions to the fractionalization formula:
Unit Size Fraction of a.Develo ment Ri ht
2Bedroom Unit 3/4
1 Bedroom Unit 1/2
Efficiency Unit 1/3
Accommodation Unit 1/4
E. The total number of units permitted on any
parcel as a~result of fractionalization may exceed the
density limitations imposed on the parcel by the general
limitations of the Zoning Code, provided that the total
number of-units prior to fractionalization shall not exceed
such general limitations.
F. Total maximum gross residential floor area of
units fractionalized under this Chapter shall be determined
by multiplying the number of Residential DR's to be
fractionalized by a constant of 1,800 square feet. The
gross residential floor area of a unit is at the discretion
of the fractionalizing property owner, provided that the
gross floor area of any unit fractionalized under this
Chapter shall not exceed 1,800 square feet.
G. The calculation of gross residential floor
area shall include the inside dimensions of the outside
walls of a dwelling unit, exclusive of portions of
unfinished basements or attic space used for solar heat
storage, solar porches, and attached or independently sited
garages with inclusive storage areas. In multi-unit
structures; being triplexes or more, all general common
areas which shall not include common elements within a
living unit:are excluded.
H. Subsequent to the completion of a development
project-which includes units.fractionalized under this
Chapter, the issuance of an:occupancy.permit and the
verification of available unused development rights by the
Town of Avon, the property owner may transfer excess
development rights according to the Special Review
procedure. Only whole Residential Development Rights may be
transferred.
I. A certificate of occupancy may be issued to
the project only upon the determination that sufficient
Residential-,Development Rights are assigned to the project
or upon acquisition and assignment of sufficient Residential
Development Right to the project.
Section 2. Section 17.08.030 of the Municipal
Code of the Town of Avon shall be and hereby is amended to
read 'as follows:
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17.08.030 Accomodation unit. "Accomodation unit"
means any room or group of rooms without a kitchen, designed
for or adapted to occupancy by.guests and accessable from
common corridors, walks, or balconies without passing
through another accomodation unit or dwelling unit.
-Section 3. Chapter, 17.08 of the Municipal Code of
the Town of Avon shall be and hereby is amended by the
addition of a new section, which shall be identified as
Section 17.08.115,=.which shall read as.follows:
17.08_.115 Bedroom.; "Bedroom" means any room
separate from„the primary living area of-a dwelling unit
conforming to the applicable building codes and the
Municipal Code for habitable space or rooms:
Section 4. Chapter 17.08 of the Municipal Code of
the Town of"Avon shall be and hereby is amended by'the
addition of a new section, which shall be identified as
Section 17.08.195, which shall read as'follows:
17.08.195 Common area. "Common area" means that
portion of a condominium project held in common ownership by
the owners or the condominium association or that portion of
a project other than a condominium project which is not
under the exclusive ownership or.possession of the owners or
occupants of a limited portion of the project.
Section 5. Chapter 17.08 of the Municipal Code of
the Town of Avon shall be and hereby is amended by the
addition of a new section, which shall be identified as
Section 17.,08.205, which shall read as follows:
17.08.205 Development Right-or DR. "Development
Right" or "DR" means the right to'develop residential or.
hotel-lodge property in the Town'of Avon,'according to the
provisions of this Title, assignment of condominium,
apartment, and hotel-lodge, duplex, and single-family units
on the official town plat as amended-, and density
allocations assigned to specific lots in the Town by
platting, designation through Specially Planned Areas, or
transfers of such assigned densities. Development rights
exist only as an appurtenance to land to which the rights
are assigned, are not rights which may be held by any
individual except in association with the land to which the
rights are assigned, and have no existence apart from the
land to which such rights are assigned.
Section 6. Chapter 17.08 of the Municipal.Code of
the Town of Avon shall be and hereby is amended by the
addition of a new section, which shall be identified as
Section 17.08.265, which shall read as follows:
17.08.265 Efficiency unit. "Efficiency unit"
means any single undivided room disregarding a bathroom and
closet) with a kitchen designed for or adapted to occupancy
by persons and accessable from common corridors, walks, or
balconies'*without passing through another dwelling unit.
Section 7. Chapter 17.08 of the Municipal Code of
the Town of Avon shall be and hereby is amended by the
addition of a new section, which shall be identified as
Section 17.08.315, which shall read as follows:
17.08.315 Gross residential.floor_area. "Gross
residential floor area" means that square footage of floor
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area contained within the inside dimension of the outside
walls of a residential dwelling unit exclusive of certain
floor area identified within the pertinent provisions
herein.
Section 8. Chapter 17.08 of the Municipal Code of
the Town of Avon shall be and hereby is amended by the
addition of a new section, which shall be identified as
Section 17.08.345, which shall read as follows:
17.08.345 Hotel-Lodge Development Right-or
Hotel-Lodge DR. Hotel-Lodge Development Right= or
"Hotel-Lodge DR" means the right to construct one
indivisable accomodation unit in-the Town of Avon, according
to the provisions of this Title, assignment of hotel-lodge
units on the official town plat as amended, and density
allocations assigned to specific lots in the Town by
platting, designation through Specially Planned Areas, or
transfers of such assigned densities.
Section 9. Chapter 17.08 of the Municipal Code of
the Town of Avon shall be and hereby is amended by the
addition of a new section, which shall-be identified as
Section 17.08.355, which shall read as follows:
17.08.355. Kitchen. "Kitchen" means a room or
portion of a room furnished with all of the following: (1)
running water and a sink, (2) a means for cooking, and (3)
a refrigerator.
Section 10. Chapter 17.08 of the Municipal Code
of the Town of Avon shall be and hereby is amended by the
addition of a new section, which shall be identified as
Section 17.08.585, which shall read as follows:
17.08.585 Residential Development Right or
Residential DR. Residential Development Right" or
"Residential DR" means the right to construct one
residential density unit in the Town of Avon
according to the provisions of this Title, assignment of
condominium, apartment, duplex and single-family units on
the official town plat as amended, and density allocations
assigned to specific lots in the Town by platting,
designation through Specially Planned Areas, or transfers of
such assigned densities.
Section 11. Severability. If any part, section,
subsection, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid, such decision shall not
affect the validity of the remaining portions of this
Ordinance, and the Town Council for the Town of Avon hereby
declares it would have passed this Ordinance and each part,
section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more parts,
sections,'subsections, sentences, clauses or phrases be
declared invalid.
Section 12.
Penalties and Fines.
Any person who violates any provision of this
Ordinance shall be punished by a fine of not more than five
hundred dollars or by'imprisonment for a period of not more
than ninety days or-by both such fine and imprisonment;
provided, no person under the age of eighteen years shall be
punished by imprisonment. Any such person shall be guilty
of a separate offense'for'each and-every day during any
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portion of which a violation of any provision of this code
is committed, continued, or permitted by such person and
shall be punished accordingly.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, THIS 14th day of August, 1984.,, and a public hearing
on this Ordinance shall be held at the regular meeting of
the Town Council of the Town of Avon, Colorado, on the 28th
day of August, 1984 at 7:30 P.M. in the Municipal Building
of the Town of Avon, Colorado.
llan_ R._ ottingh Mayor
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED this 12th day of September,'1984.
Allan R. ttingha , Mayor
TTE
Patricia J.
Town Clerk
ORD2/
FRACTIONALIZATION
091384
6
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TO[R]N OF AVON )
E
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE
28TH DAY OF AUGUST, 1984 AT THE MUNICIPAL BUILDING, 400 BENCHMARK
ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION
OF ORDINANCE NO.84-10, SERIES OF 1984:
AN ORDINANCE ESTABLISHING A SYSTEM TO GOVERN THE ADMINISTRATION OF
FRACTIONALIZATION OF DEVELOPMENT RIGHTS IN THE TOWN OF AVON, COLORADO,
MAKING NECESSARY RELATED AMENDMENTS TO THE ZONING CODE OF THE TOWN
OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION 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 the Ordinance.
This notice given and passed by order of the Town Council of the
Town of Avon, Colorado.
Dated this 16th day of August, 1984.
TOWN OF AVON, CO
BY i( o
Patricia V Doyle
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON AUGUST 17th, 1984:
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