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TC Ord. No. 2004-03 Amending Title 17 muni code of the TOA as it relates to hearings on zoning amendmentsTOWN OF AVON, COLORADO ORDINANCE NO. 04-03 SERIES OF 2004 COLORADO: AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO HEARINGS ON ZONING AMENDMENTS BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, Section 1. Amendment. Section 17.12.100, Chapter 12 of Title 17, Avon Municipal Code, is amended by the addition of a new subsection C as follows: "C. The town council shall hold a public hearing on any recommendation of the planning and zoning commission, and notice of such public hearing shall be published at the expense of the applicant in a newspaper of general circulation within the town, or posted in at least three public places within the town, in addition to posting at the office of the town clerk, at least six days prior to the hearing date." Section 2. Amendment. Subsection C of Section 17.12.100, Chapter 12 of Title 17, Avon Municipal Code, is amended to be Subsection D. Section 3. Amendment. Paragraph 3 of Subsection C of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended to provide as follows: "3. An application for a PUD approval must be submitted to the department of community development at least thirty days prior to a regularly scheduled meeting of the planning and zoning commission. A report of the community development staff's findings and recommendations shall be made at the initial formal hearing before the planning and zoning commission. A report of the planning and zoning commission, stating its findings and recommendations, and the staff report shall then be transmitted to the town council. The town council shall consider the PUD district in accordance with Section 17.28.050 of this code." INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 24th day of February, 2004, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the c1l'-" day of u2r-4-\- , 2004, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. rt D. Reynolds, Mayo 1 1'a ATT S ) Patty cK Y, Tow er ✓ Y, INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the qt:t- day of 2004. k1 OF FAI, ATTS(;' L 0 R Ao~ 1~y Patty c envy, T Jerk APPROVED AS TO FORM: i Jo W. Dunn, Town Attorney Albert D. Reynolds, Mayo Ordinance No. 04-03 Hearings on PUD Page 2 of 2 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON 1 NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO ADOPTED ON THE 9TH DAY OF MARCH 2004 THE FOLLOWING ORDINANCE: ORDINANCE NO. 04-03, SERIES OF 2004, AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO HEARINGS ON ZONING AMENDMENTS 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, Monday through Friday, 8 AM - 5 PM. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado TOWN OF AVON, COLORADO BY: Patty McKenny Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MARCH 12, 2004 ✓ AVON MUNICIPAL BUILDING, MAIN LOBBY ✓ ALPINE BANK, MAIN LOBBY ✓ AVON RECREATION CENTER, MAIN LOBBY ✓ CITY MARKET, MAIN LOBBY MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: REQUIREMENT OF PUBLIC HEARINGS IN CONNECTION WITH PUD'S SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 04-03 DATE: March 4, 2004 The purpose of this memorandum is to outline the requirements for public hearings in connection with the approval of planned unit developments ("PUD's") and amendments to PUD's and to suggest any necessary changes to the municipal code relating to public hearings. Section 17.20.110, Avon Municipal Code, provides that applications for approval of a PUD are first forwarded to the Planning and Zoning Commission. Section 17.12.100 establishes the notice requirements for the hearing before the Commission, posting twelve days before the hearing and mailing to property owners within 300 feet of the property involved in the application. That section fails to set forth what the notice requirements are for a hearing before the town council. Section 17.20.110(C)(3) next provides that, after "formal hearing," the staff report and the Planning and Zoning Commission findings and recommendations are transmitted to the council and that the council "shall consider the special development district [sic] in accordance with Section 17.28.050." That section in turn provides that the recommendation "shall be scheduled for a public hearing before the town council in accordance with Section 17.12.100" no later than thirty days following commission action. But, as I have said above, that section says nothing about the notice requirements for hearings before the council. At best the code is ambiguous as to notice requirements, and at worst, by implication, the notice requirement for hearings before the council should be the same as for hearings before the planning and zoning commission. As you are aware, the Town's Charter provides for a public hearing on second reading of all ordinances. The notice requirement for that public hearing is different from the notice requirement contained in Section 17.12.100, being only a requirement that the ordinance be posted at least seven days before second reading. Notwithstanding that difference, it has been the practice in Avon (and, in my experience, in Vail, which has the same Charter and ordinance provisions for notice) to hold only the public hearing required for second reading of all ordinances. The question was raised at your last meeting whether it is an absolute requirement that there be a public hearing, even if the recommendation of the planning and zoning commission is to be rejected. Given the mandatory language of Section 17.28.050, that a public hearing "shall be scheduled," it is my opinion that the requirement is an absolute one. It is my recommendation that Section 17.12. 100 be amended to provide for a notice procedure in comiection with hearings by the council on zoning amendments, including PUD's. Such an amendment will resolve the ambiguity of that section and will provide the council with greater flexibility upon consideration of the recommendation of the planning and zoning commission. In essence, the council will conduct a hearing on the recommendation of the commission, rather than a hearing on the ordinance. At that time, depending on all the circumstances, the council may or may not wish to adopt an ordinance on first reading. A public hearing will still be required on second reading of the ordinance, however, in the event the ordinance is adopted on first reading. The proposed ordinance, which accompanies this memorandum, also corrects the error contained in Section 17.20.110(C)(3). JWD:ipse 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 5:30 P.M. ON THE 9TH DAY OF MARCH 2004, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF THE FOLLOWING ORDINANCE: ORDINANCE NO. 04-03, SERIES OF 2004, AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO HEARINGS ON ZONING AMENDMENTS 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, Monday through Friday, 8 AM - 5 PM. 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 TOWN OF AVON, COLORADO BY: Patty McKenny Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY 27, 2004. AVON MUNICIPAL BUILDING, MAIN LOBBY ✓ ALPINE BANK, MAIN LOBBY ✓ AVON RECREATION CENTER, MAIN LOBBY ✓ CITY MARKET, MAIN LOBBY • MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: REQUIREMENT OF PUBLIC HEARINGS IN CONNECTION WITH PUD'S DATE: February 11, 2004 The purpose of this memorandum is to outline the requirements for public hearings in connection with the approval of planned unit developments ("PUD's") and amendments to PUD's and to suggest any necessary changes to the municipal code relating to public hearings. Section 17.20.110, Avon Municipal Code, provides that applications for approval of a PUD are first forwarded to the Planning and Zoning Commission. Section 17.12. 100 establishes the notice requirements for the hearing before the Commission, posting twelve days before the hearing and mailing to property owners within 300 feet of the property involved in the application. • That section fails to set forth what the notice requirements are for a hearing before the town council. Section 17.20.110(C)(3) next provides that, after "formal hearing," the staff report and the Planning and Zoning Commission findings and recommendations are transmitted to the council and that the council "shall consider the special development district [sic] in accordance with Section 17.28.050." That section in turn provides that the recommendation "shall be scheduled for a public hearing before the town council in accordance with Section 17.12.100" no later than thirty days following commission action. But, as I have said above, that section says nothing about the notice requirements for hearings before the council. At best the code is ambiguous as to notice requirements, and at worst, by implication, the notice requirement for hearings before the council should be the same as for hearings before the planning and zoning commission. As you are aware, the Town's Charter provides for a public hearing on second reading of all ordinances. The notice requirement for that public hearing is different from the notice requirement contained in Section 17.12.100, being only a requirement that the ordinance be posted at least seven days before second reading. Notwithstanding that difference, it has been the practice in Avon (and, in my experience, in Vail, which has the same Charter and ordinance provisions for notice) to hold only the public hearing required for second reading of all ordinances. The question was raised at your last meeting whether it is an absolute requirement • that there be a public hearing, even if the recommendation of the planning and zoning commission is to be rejected. Given the mandatory language of Section 17.28.050, that a public hearing "shall be scheduled," it is my opinion that the requirement is an absolute one. • It is my recommendation that Section 17.12. 100 be amended to provide for a notice procedure in connection with hearings by the council on zoning amendments, including PUD's. Such an amendment will resolve the ambiguity of that section and will provide the council with greater flexibility upon consideration of the recommendation of the planning and zoning commission. In essence, the council will conduct a hearing on the recommendation of the commission, rather than a hearing on the ordinance. At that time, depending on all the circumstances, the council may or may not wish to adopt an ordinance on first reading. A public hearing will still be required on second reading of the ordinance, however, in the event the ordinance is adopted on first reading. The proposed ordinance, which accompanies this memorandum, also corrects the error contained in Section 17.20.110(C)(3). JWD:ipse • 0 TOWN OF AVON, COLORADO ORDINANCE NO. 04-03 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO HEARINGS ON ZONING AMENDMENTS BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 17.12.100, Chapter 12 of Title 17, Avon Municipal Code, is amended by the addition of a new subsection C as follows: "C. The town council shall hold a public hearing on any recommendation of the planning and zoning commission, and notice of such public hearing shall be published at the expense of the applicant in a newspaper of general circulation within the town, or posted in at least three public places within the town, in addition to posting at the office of the town clerk, at least six days prior to the ,hearing date." Section 2. Amendment. Subsection C of Section 17.12.100, Chapter 12 of Title 17, Avon Municipal Code, is amended to be Subsection D. • Section 3. Amendment. Paragraph 3 of Subsection C of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended to provide as follows: "3. An application for a PUD approval must be submitted to the department of community development at least thirty days prior to a regularly scheduled meeting of the planning and zoning commission. A report of the community development staff s findings and recommendations shall be made at the initial formal hearing before the planning and zoning commission. A report of the planning and zoning commission, stating its findings and recommendations, and the staff report shall then be transmitted to the town council. The town council shall consider the PUD district in accordance with Section 17.28.050 of this code." INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 24th day of February, 2004, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the day of 2004, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Albert D. Reynolds, Mayor • ATTEST: Patty McKenny, Town Clerk 5 Y INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the day of 2004. Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney Ordinance No. 04-03 Hearings on PUD Page 2 of 2 • n U