TC Ord. No. 1994-01 Amending Title 16 of the Avon Muni Code as it relates to the annexations and requiring dedication of land for school purposesORDINANCE NO. 94 - 1
AN ORDINANCE AMENDING TITLE 16 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON AS IT
RELATES TO ANNEXATIONS AND REQUIRING
DEDICATION OF LAND FOR SCHOOL PURPOSES
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO, AS FOLLOWS:
Section 1. Amendment. Title 16 of the Municipal Code of the Town of
Avon is amended by the addition of a new chapter 16.50 as follows:
Chapter 16.50
SCHOOL SITE DEDICATIONS
Sections:
16,50.0 10
Purpose.
16.50.020
School land dedication or cash in lieu thereof.
16.50.030
Application.
16.50.040
Town exempted.
16.50.010 Purpose. It is hereby declared to be the policy of the Town that
whenever there is an annexation of property into the Town of Avon for residential
development purposes, the owner of the land shall provide land for school needs
generated by the proposed residential use. It is the purpose of this chapter to require the
dedication of land or the payment of fees in lieu thereof directly for the benefit of the
school children of the Town of Avon.
16.50.020 School land dedication or cash in lieu thereof. Whenever an
annexation of land occurs for residential subdivision, the owner shall allocate and convey
school sites to Eagle County School District RE 50J ( "the School District ") when such are
reasonably necessary to serve the proposed subdivision and future residents thereof by the
application of the formulas set forth below:
Single family and duplex or primary secondary:
Number of units x .014495 = dedication requirement in acres.
Multi-family-
Number of units x .002676 = dedication requirement in acres.
When sites and land areas for schools are not reasonably necessary to serve
the proposed subdivision and future residents thereof, the Council, with recommendations
from the School District, shall require, in lieu of such conveyance of land, the payment in
cash by the subdivider to the School District of an amount not to exceed the full market
value of such sites and land areas for schools. The spending of any fees collected under
this Ordinance shall be by mutual agreement of the Town of Avon and the School District.
The full market value shall mean the current market value of unimproved
land. This value shall be set annually by the Council on a per acre basis, with
recommendations from the School District. If the subdivider does not accept such
valuation, it may submit a report by a qualified appraiser. If one is submitted, the Council
shall review the report and determine the value of the land, which determination shall be
final.
16.50.030 Application. This Chapter shall apply only to land annexed to
the Town of Avon after February 1, 1994. The Town Council hereby finds and
determines that adequate school sites have been dedicated to serve all land located within
the Town on that date.
16.50.040 Town exempted. The Town is exempted from the requirements
of this Chapter.
Section 2. 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 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, irrespective 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 8th day of February , 1994 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 22ndday of February , 1994 at 7:30 P.M. in the Municipal
Building of the Town of Avon, Colorado.
Mayor
Attest:
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED this 22nd day of February , 1994.
Mayor
Attest:
Town Clerk
APPROVED AS TO FORM:
Tt Attorney
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, COLORADO AT 7:30 P.M. ON THE 22ND
DAY OF FEBRUARY, 1994, AT THE TOWN MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 94 -1, SERIES
OF 1994:
AN ORDINANCE AMENDING TITLE 16 OF THE MUNICIPAL CODE OF
THE TOWN OF AVON AS IT RELATES TO ANNEXATIONS AND
REQUIRING DEDICATION OF LAND FOR SCHOOL PURPOSES
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 is given and posted by order of the Town Council of
the Town of Avon, Colorado
Dated this 9th day of February, 1994.
TOWN OF AVON, COLORADO
BY:
Patty Ne hart
Town Cle
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
FEBRUARY 9, 1994;
AVON POST OFFICE IN THE MAIN LOBBY
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY