TC Ord. No. 1985-10ORDINANCE NO. 85-9
AN ORDINANCE AMENDING TITLE 17'OF.-THE
MUNICIPAL CODE OF THE TOWN OF AVON AS
IT RELATES TO SIZE-S OF UNITS TO BE
PERMITTED BY FRACTIONALIZATION AND TO
DELETE THE.DEFINITION OF "EFFICIENCY
UNIT" AND "GROSS RESIDENTIAL FLOOR AREA."
WHEREAS, Chapter 17.22 of the Municipal Code-of
the Town of Avon allows fractionalization of residential
development rights so as to permit construction of a greater
number of dwelling units provided such dwelling units are of
a smaller size; and
WHEREAS, said Chapter 17.22 categorizes the
smaller dwelling units to be permitted by the
fractionalization process as two-bedroom, one-bedroom,
efficiency and accommodation units; and
WHEREAS, the fractionalization process will be
more easily and more fairly administered on the basis of
square-footage than as aforesaid; and
WHEREAS, the square-footage contained herein is
based upon the experience of the Town in the administration
of fractionalization;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO:
Section 1. Repeal. Sections 17.08.265 and
17.08.315, Chapter 17.08, Title 17 of the Municipal Code of
the Town are repealed.
Section 2. Amendment.
Section 17.22:020, Chapter
17.22, Title 17 of the Avon Municipal Code is amended to
read as follows:
"17.22.020 Fractionalization'of development
rights. A. This chapter provides for a fractionalization
formula which establishes the-terms,, conditions; and limita-
tions, 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 multifamily.use.
3. Projects for which a temporary or permanent
certificate of occupancy has been issued shall notbe
fractionalized.
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C. The fractionalization.process shall be effect-
ed 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 Fraction applicable to Residential develop-
proposed units x size of proposed unit ment rights required
B. The town manager shall establish the adminis-
trative process for implementing the provisions of this
chapter, which process shall be-approved by the town council
prior to implementation.
4. This section shall apply only to those
residential development rights declared by the applicant for
fractionalization.
Conversely, to determine the number of fractiona-
lized housing units which may be constructed, the number of
residential development rights available shall be divided by
the fraction applicable to the desired housing type
illustrated as follows:
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 com-
bination of housing types, based upon the application of the
following fractions to the fractionalization formula:
Maximum
Unit Size
Fraction of DR
801 thru
1200
sq.
ft.
3/4
601 thru
800
sq.
ft.
1/2
451 thru
600
sq.
ft.
1/3
0 thru
450
sq.
ft.
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. The calculation of square-footage floor area
shall include the inside dimensions of the outside walls_of
a dwelling unit as shown on the final as-built maps,
including loft area, but excluding space used for- solar heat
storage in an unfinished basement or attic, and attached or
independently sited garages. All general common areas,
which shall not include common elements within a living
unit, are excluded.
G. Subsequent to the completion of a development
project which includes units fractionalized under this
chapter, the issuance of an occupancy permit and the veri-
fication of available unused development rights by the town,
the property owner may transfer excess development rights
according to the special review procedure. Only whole
residential development rights may be transferred.
H. A certificate of occupancy may be issued for
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 3. Severability. If any part, section,
sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect
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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,
sub-section, sentence, clause or phrase thereof, irrespec-
tive of the fact that any one or more parts, sections,
sub-sections, sentences, clauses or phrases be declared
invalid.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, THIS 23rd day of April, 1985 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 7th
day of May, 1985 at 5:00 P.M. in the Municipal Building of
the Town of Avon, Colorado.
Allan R. ottingha Mayor
INTRODUCED, PASSED ON SECOND READING, APPROVED'AND ORDERED
POSTED this :_7th day of May , 1985.
.2e
Shei a R.5 -Davi's., `Mayor` Pro Tem
04042485
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Town Clerk
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STATE OF COLORADO )
COUNTY OF EAGLE, ) SS
TOWN OF AVON )
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NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, AT 5:00 P.M. ON THE 7TH DAY OF
MAY, 1985, AT,THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD,.AVON,
COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE
NO. 85-9, SERIES OF 1985:
AN ORDINANCE AMENDING TITLE,17 OF THE MUNICIPAL CODE OF THE TOWN
OF AVON.AS IT RELATES TO SIZES OF UNITS TO BE PERMITTED BY
FRACTIONALIZATION'AND TO DELETE THE'DEFINITION OF "EFFICIENCY
UNIT" AND "GROSS RESIDENTIAL FLOOR AREA."
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 23rd
TOWN
BY:
POSTED AT THE FILLOWING PUBLIC PLACES WITHIN THE-TOWN OF AVON
ON APRIL 24, 1985:
THE MAIN ENTRANCE OF.THE POST OFFICE
THE MAIN ENTRANCE TO'XITY MARKET,,
THE PESTER GAS STATION;,AND
THE MUNICIPAL BUILDING IN THE MAIN LOBBY
day of April, 1985.