TC Ord. No. 2005-03 Amending Title 17 muni code of the TOA as it relates to public benefit criteria for all zoning applications and providing for the reorganization repeal and amendment of supplemental zoning regulationsTOWN OF AVON, COLORADO
ORDINANCE NO. 05-03
SERIES OF 2005
AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF
AVON, AS IT RELATES TO PUBLIC BENEFIT CRITERIA FOR ALL ZONING
APPLICATIONS, AND PROVIDING FOR THE REORGANIZATION, REPEAL AND
AMENDMENT OF SUPPLEMENTAL ZONING REGULATIONS.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
Section 1. Amendment. Chapter 28 of Title 17, Avon Municipal Code, is
amended by addition of a new Section 17.28.085 to provide as follows:
"The Town shall consider the following public benefit criteria when evaluating zoning
applications:
(1) The application demonstrates a public purpose which the current zoning
entitlements cannot achieve.
(2) Approval of the zoning application provides long term economic, cultural
or social community benefits that are equal to or greater than potential
adverse impacts as a result of the changed zoning rights.
(3) The flexibility afforded in approval of the zoning application will result in
better siting of the development, preserving valued environmental and
cultural resources, and increasing the amount of public benefit consistent
with the community master plan documents."
Section 2. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title
17, Avon Municipal Code, is amended by addition of a new subparagraph (12) as follows:
"(12) That the PUD or amendment to PUD requested provides evidence of
substantial compliance with the public purpose provisions of the Zoning
Code as specified in Section 17.28.085"
Section 3. Amendment. Section 17.48.040, Chapter 48 of Title 17, Avon
Municipal Code, is amended by the addition of a new subsection (4) to provide as follows:
"(4) That the granting of the special review use requested provides evidence of
substantial compliance with the public purpose provisions of the Zoning Code as
specified in Section 17.28.085."
Section 4. Amendment. Section 17.50.010, Chapter 50 of Title 17, Avon
Municipal Code, is repealed and reenacted as Section 17.08.040 to provide as follows:
"Accessory Building or accessory use means a subordinate building or use which
is located on the same lot on which the main building or use is situated and which is
reasonably necessary and incidental to the conduct of the primary use of such building or
main use, and does not change the basic character thereof as determined by its principal
use. Accessory buildings shall not be provided with kitchen or bath facilities sufficient to
render them suitable for permanent residential occupancy; approval of the Planning and
Zoning Commission and a building permit are required. Accessory buildings and uses
shall be permitted in every zone district.
Section 5. Amendment. Section 17.50.020, Chapter 50 of Title 17, Avon
Municipal Code, is repealed and reenacted as Section 17.08.145 to provide as follows:
"Building Area Ratio. For the purpose of calculating building area ratio, there shall be
included that area within the surrounding exterior walls (measured from their exterior surface) of
a building or portion thereof. The building area of a building or portion thereof shall include all
exterior walkways, terraces, courts, stairways or other constructed areas under a horizontal
projection of a roof or floor above.
Garages shall not be included in building area ratio calculations to the extent they do not exceed
the following square footage limitations:
One-car garage: four hundred (400) square feet maximum
Two-car garage: six hundred (600) square feet maximum
Garage square footage in excess of these square footages shall be included in building area ratio
calculations.
Decks which are above grade and are uncovered and which extend out from the enclosed space
of the structure shall be included in building area ratio calculations to the extent that fifty percent
(50%0) of such decks shall be calculated; decks which do not exceed height restrictions
established in this zoning code and which are constructed on the roofs of floors below shall not
be included in building area ratio calculations. Crawl spaces without windows, suitable only for
storage and not in excess of four (4) feet in height, shall not be included in building area ratio
calculations.
Section 6. Repeal. Section 17.50.030, Chapter 50 of Title 17, Avon
Municipal Code, is repealed.
Section 7. Repeal. Section 17.50.040, Chapter 50 of Title 17, Avon
Municipal Code, is repealed.
Section 8. Amendment. Section 17.08.480, Chapter 08 of Title 17, Avon
Municipal Code is amended to provide as follows:
"Lot Setback means the distance from a lot or site line, creek or stream
measured horizontally to a line or location within the lot or site which
establishes the permitted location of uses, structures or building on site.
No building projections shall be permitted into required lot setback areas,
either above or below grade, except that there shall be no restriction on
walks and steps.
Ordinance No. 05-03 Zoning Code Amendments
Page 2 of 5
No encroachment into easements or stream setbacks shall be permitted."
Section 9. Repeal. Section 17.50.050, Chapter 50 of Title 17, Avon
Municipal Code is repealed.
Section 10. Repeal. Section 17.50.060, Chapter 50 of Title 17, Avon
Municipal Code is repealed.
Section 11. Repeal. Section 17.50.070, Chapter 50 of Title 17, Avon
Municipal Code is repealed.
Section 12. Repeal. Section 17.50.080, Chapter 50 of Title 17, Avon
Municipal Code is repealed.
Section 13. Repeal. Section 17.50.090, Chapter 50 of Title 17, Avon
Municipal Code is repealed.
Section 14. Amendment. Section 17.50.100, Chapter 50 of Title 17, Avon
Municipal Code is repealed and reenacted as Section 17.08.755 to provide as follows:
"Snow Storage is defined as the following:
Snow storage is required for any property which, when developed, is intended to contain
impermeable surface area used for purposes other than aboveground construction, and
shall satisfy the following criteria:
(1) An area equal to twenty percent (20%) of impermeable surface area upon which
aboveground construction does not occur shall be designated as a "snow-storage area"
and not developed in a manner inconsistent with such use. Landscaping shall not be
considered to be inconsistent with such use.
(2) Any designated snow-storage area shall be not less than six (6) feet wide, shall be
adjacent to the impermeable surface area from which the snow is to be removed, shall not
be included in any parking area required by the minimum parking requirements of the
Town and shall be contained in such a manner that runoff is directed through a treatment
facility as described in Subsection (3) of this Section, when
such treatment facility is required as a part of the drainage plan.
(3) Whenever a treatment facility is required to be installed in association with a snow-
storage area, the design of the same shall be approved by the Town Engineer as part of
the site drainage plan and shall be designed to remove from the runoff petroleum-based
liquids and settleable solids.
(4) The foregoing requirements for on-site snow-disposal areas may be waived by the
reviewing body of the Town upon the demonstration that:
a. An appropriate alternative snow-storage site, or on-site snow melt, is available
for removal of snow to an offsite location suitable and available for such purpose,
Ordinance No. 05-03 Zoning Code Amendments
Page 3 of 5
meeting with the approval of the Dir-ee*^r of Dublie Work Community
Development Department; and
b. Arrangements for the off-site removal have been made in a manner assuring the
continuation of such practice throughout the life of the project.
Section 15. Amendment. Section 17.50.110, Chapter 50 of Title 17, Avon
Municipal Code is repealed and reenacted as Section 17.08.505 to provide as follows:
"Lot Setback, Stream is defined as a thirty-foot strip of land measured horizontally from the
mean annual flood high-water mark on each side of any live stream located within the
boundaries of a proposed subdivision shall be protected in its natural state, with the exception
that footpaths, bridges, irrigation structures, flood control and erosion protection devices may be
constructed thereon. If such stream is along the outer boundaries of the subdivision, this
requirement shall apply to that part of such stream and strip which is within the subdivision.
Underground utilities may be located in such protected area; provided that there is no practical
alternative location for such utilities, that the plans are approved by the Town Council through its
designated representative and that all construction scars are revegetated.
Section 16. Repeal. Section 17.50.120, Chapter 50 of Title 17, Avon
Municipal Code is repealed and amended as Section 17.08.215 to provide as follows:
"Density Exclusion is calculated as follows:
(a) Whenever there is proposed for development a tract of land partially under
water at any time during the year, there shall be excluded from the calculation in
determining allowable density those areas of the development tract under water and up to
mean waterline, except where such requirement would prevent construction of a single
family residence; and
(b) Whenever there is proposed for development a tract of land containing
slope in excess of forty percent (40%), there shall be excluded from the calculation in
determining allowable density those areas of the development tract in excess of forty-
percent slope, except where such requirement would prevent construction of a single
family residence.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 26th day of April, 2005, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 10th day of April, 2005, at 5:30 P.M. in
the Council Chambers, Avon Municipal Buildi , 400 enchmark ko d, Avon, Colorado.
0-5co C. Ronald C. Wolfe, Mayor
Ordinance No. 05-03 Zoning Code Amendments
Page 4 of 5
ATTEST:
nc
Patty nenny Clerk
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INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the ) 01~day of n , 2005.
Ronald C. Wolfe, Mayor
APPROVED AS TO FORM:
Jo W. Dunn, Town Attorney
~t4 01F AI's .
Ordinance No. 05-03 Zoning Code Amendments
Page 5 of 5
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Tambi Katieb, Community Development Directo
Date: April 19, 2005
Re: Second Reading of Ordinance 05-03, amendments to Avon Municipal
Code- Title 17 (Zoning) PUBLIC BEARING
Summary:
Attached to this memo is an ordinance being forwarded to you for review,
discussion, and approval on first reading that proposes amendments to the Town
Zoning Code.
The changes presented in this Ordinance are the result of several discussions at a
staff level about outdated, obsolete or unclear zoning regulations. One particular
proposed amendment- the addition of "public benefit' criterion for zoning
applications- is largely the result of discussion with both Planning and Zoning
Commission and Town Council over several complex zoning application
deliberations over the last several years.
The proposed amendments have been reviewed by the Community Development
Subcommittee, which includes Councilors Ferraro and Sipes as well as the Planning
Commission Chairman Chris Evans.
At their April '5"', 2005 meeting, The Planning and Zoning Commission
recommended approval of these amendments through Resolution 05-03 subject to
the modifications as outlined in the strikethrough version of Ordinance 05-03, which
is attached for your review.
Finally, at your April 26, 2005 meeting, you approved the Ordinance 05-03 on first
reading requesting the following changes: more restrictive below grade setback
provisions on side and rear yards and revised word order on the second Public
Benefit Criteria. Those changes have been made and are reflected in the revised
Ordinance.
Discussion:
At your first reading on April 12, 2005, Council requested clarification on several
aspects of the revision. Staff is providing you with a review and discussion of those
items as follows:
Section 5: Repealing and reenacting the "Accessory Building" and "Accessory
Use" definitions. There. was some question as to whether the definitions
should remain separate and distinct. The definition is already combined in the
Zoning Code Definition section as "Accessory building or use" (17.08.040),
and the intention of deleting the two separate definitions found in the
supplemental regulations is to refine the existing singular definition for clarity.
None of the statements regarding character, incidental use or required
.approval by the Commission has been altered. Staff and the Town Attorney
have reviewed the combined definition and believe. it to be acceptable.
Section 9: Adding clarity to below grade setbacks that ensures a minimum
clearance from road rights-of-way and easements is permitted. To be clear,
there is currently no minimum setback below grade and what is being
proposed is to define a minimum setback where it is necessary. The building
code does not require any minimum below grade setback. The provision to
allow below grade foundations or projections (i.e. parking structures) does not
override the specific language of the below grade stream setback, which only,
permits underground utilities in limited instances. Staff does not see a need
to require any more restrictive below grade setback to rear onside lot lines or
those. property boundaries that do not abut a public right of way. This
clarification will benefit the design and building community while at the same
time be more protective of existing utility easements and right of ways.
Public Benefit Criteria: Though there was little discussion on this criteria
outside of the `strikethrough' version that the Planning & Zoning Commission
forwarded to you, we would encourage you to have a discussion of the
criteria as proposed and consider the following as part, of the discussion:
o The new provision, similar to the balance of criteria for zone change
review, is not absolute. An application "shall be evaluated" against the
criteria. Therefore, an application might be reviewed and evaluated
that only meets one of the criteria. Please consider that this criteria is
not an absolute determination on any application, but intended to
focus a policy discussion on zoning applications.
o Is the criteria too broad? If it is made too specific, what is the
ramification on the types. of applications it is intended to apply to?. Are
there instances where an application, for example, offers cultural
benefits without economic benefits that warrants a changed zoning
status?
Page 2
May 10, 2005 Town Council Meeting
Second Reading Ordinance 05-03, Zoning Code Amendments (PUBLIC HEARING)
N
o Staff and the Town Attorney have recommended striking applicability
to variances (Section 3 in the previous version). The Planning
Commission recommended striking applicability to the remaining
zoning applications (SRU, Rezoning) and limiting the criteria for
Planned Unit Development (PUD) review only. Applicability of the
criteria should be discussed before adopting this ordinance.
Moreover, Ordinance 05-03 proposes to amend the Avon Municipal Code- Title 17
(Zoning) with respect to the following provisions (in order of the proposed Sections):
• Section 1: Adding a "public benefit' criterion to all rezoning, special review
uses. The criteria is housed with the `zone district amendment' general
criteria and referenced by each applicable zoning procedure. The criteria will
require all zoning applications to evidence that benefits of a specially
conferred right (either a rezoning or a special review use, for instance) will
create benefits that are equal to or outweigh any potential adverse impacts to
the community.
i
• Section 2: Amending the PUD approval criteria to reference the public benefit
criteria.
• Section 3: Amending the special review use approval criteria to reference the
public benefit criteria.
• Section 4: Repealing the accessory building or accessory use definition from
the supplemental regulations and reenacting the, same definition to the
definitions section of the Title.
• Section 5: Repealing the Building Area Ratio definition from the. supplemental
regulations and reenacting the same definition to the definitions section of the
Title.
• Section 6: Repealing the height provisions definition from the supplemental
regulations. Height definitions were refined in 2004 and we failed to delete
this redundant supplemental regulation at the time of the last revision.
• Section 7: Repealing the setback provision definition from the supplemental
regulations.
• Section 8:, Readopting the setback provision definition in the Definitions
section and adding further clarity for all below grade structure. This is an
area that has been ambiguous in interpretation over the years and has
caused some confusion. We are proposing that a minimum separation of at
least 10 feet from existing public rights of way, a 5 foot allowance for
encroachments in side and rear yards while no encroachments into existing
easements or the stream setback is permitted.
• Section 9: Repealing the "Keeping of House Pets Allowed" definition from the
supplemental regulations. Title 6 ("Animals") defines rules and restrictions of
Page 3
May 10, 2005 Town Council Meeting
Second Reading Ordinance 05-03, Zoning Code Amendments (PUBLIC HEARING)
T)
house pets and this provision is redundant.. Further, the home office and
home occupation standards deal directly with the ability to run a commercial
pet operation in residential zone districts.
• Section 10: Repealing the "Commercial activity in exclusively residential and
mobile home park districts prohibited" definition from the supplemental
regulations. The definition is redundant to zone district regulations and
definitions and serves no purpose.
• Section 11: Repealing the "Burning of exterior open flame flares or fires
prohibited" definition from the supplemental regulations. The definition is
,redundant to other regulations (Title 8- Health and Safety) and serves no
purpose.
• Section 12: Repealing the "Signs" definition from the supplemental
regulations. The definition is redundant to other regulations (Chapter 28 of
Title 15- Sign Code) and serves no purpose.
• Section 13: Repealing the "Miscellaneous provisions" from the supplemental
regulations. The provisions cited are redundant to those contained in the
Design Review Guidelines and in Title 15 (Outdoor Lighting Standards) and
serve no purpose.
• Section 14: Repealing,the Snow Storage definition from the supplemental
regulations and reenacting the same definition to the definitions section of the
Title. The definition is also changed by replacing approval of alternate snow
storage (off site or snowmelt) by the Public Works Director,. instead granting
authority to the Community Development Department.
• Section 15: Repealing the Stream Setback definition from the supplemental
regulations and reenacting the same definition to the definitions section of the
Title.
• Section 16: Repealing the Density Exclusion definition from the supplemental
regulations and reenacting the same definition to the definitions section of the
Title.
Recommendation:
Staff has provided the requested amendments ,to both the lot setback provisions and
the public benefit criteria, and unless there is further clarification needed on any
proposed revision, we would recommend holding the public hearing and adopting
Ordinance 05-03 on second reading.
Page 4
May 10, 2005 Town Council Meeting
Second Reading Ordinance 05-03, Zoning Code Amendments (PUBLIC HEARING)
a
Alternatives:
The following options are available for action on this ordinance after holding the
public hearing:
- Approve on Second Reading.
Deny on Second Reading.
Table on Second Reading.
Proposed Motion:'
" I move to approve Ordinance 05-03 on second reading".
Town Manager Comments:
Attachments:
A. Ordinance 05-03 (Staff Proposed)
B. Planning and Zoning Commission Resolution 05-03 & Ordinance 05-03
(Strikethrough)
C. Applicable Zoning Code Sections
Page 5
May 10, 2005 Town Council Meeting
Second Reading Ordinance 05-03, Zoning Code Amendments (PUBLIC HEARING)
ORDINANCE NO. 05-03
AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE
OF THE TOWN OF AVON, AS IT RELATES TO PUBLIC
BENEFIT CRITERIA FOR ALL ZONING APPLICATIONS,
AND PROVIDING FOR THE REORGANIZATION, REPEAL
AND AMENDMENT OF SUPPLEMENTAL ZONING
REGULATIONS.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
Section 1. Amendment. Chapter 28 of Title 17, Avon Municipal Code, is
amended by addition of a new Section 17.28.085 to provide as follows:
"Zoning applications shall be evaluated for their public benefits with the following specific
criteria:
(1) The application demonstrates a public purpose which the current zoning
entitlements cannot achieve; and
(2) Approval of the zoning application provides long term economic, cultural
or social long-term community benefits that are equal to or greater than
potential adverse impacts as a result of the changed zoning rights; and
(3) The flexibility afforded in approval of the zoning application will result in
better siting of the development, preserving valued environmental and
cultural resources, and increasing the amount of public benefit consistent
with the community master plan documents."
Section 2. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title
17, Avon Municipal Code, is amended by addition of a new subparagraph (12) as follows:
"(12) That the PUD or amendment to PUD requested provides evidence of
substantial compliance with the public purpose provisions of the Zoning
Code as specified in Section 17.28.085"
Section 3. Amendment. Section 17.48.040, Chapter 48 of Title 17, Avon
Municipal Code, is amended by the addition of a new subsection (4) to provide as follows:
"(4) That the granting of the special review use requested provides evidence of
substantial compliance with the public purpose provisions of the Zoning Code as
specified in Section 17.28.085."
. Section 4. Amendment. Section 17.50.010, Chapter 50 of Title 17, Avon
Municipal Code, is repealed and reenacted as Section 17.08.040 to provide as follows:
"Accessory Building or accessory use means a subordinate building or use which
is located on the same lot on which the main building or use is situated and which is
reasonably necessary and incidental to the conduct of the primary use of such building or
\If
main use, and does not change the basic character thereof as determined by its principal
use. Accessory buildings shall not be provided with kitchen or bath facilities sufficient to
render them suitable for permanent residential occupancy. Approval of the Planning and
Zoning Commission and a building permit are required. Accessory buildings and uses
shall be permitted in every zone district.
Section 5. Amendment. Section 17.50.020, Chapter 50 of Title 17, Avon
Municipal Code, is repealed and reenacted as Section 17.08.145 to provide as follows:
"Building Area Ratio. For the purpose of calculating building area ratio, there shall be
included that area within the surrounding exterior walls (measured from their exterior surface) of
a building or portion thereof. The building area of a building or portion thereof shall include all
exterior walkways, terraces, courts, stairways or other constructed areas under a horizontal
projection of a roof or floor above.
Garages shall not be included in building area ratio calculations to the extent they do not exceed
the following square footage limitations:
One-car garage: four hundred (400) square feet maximum
Two-car garage: six hundred (600) square feet maximum
Garage square footage in excess of these square footages shall be included in building area ratio
calculations.
Decks which are above grade and are uncovered and which extend out from the enclosed space
of the structure shall be included in building area ratio calculations to the extent that fifty percent
(50%) of such decks shall be calculated; decks which do not exceed height restrictions
established in this zoning code and which are constructed on the roofs.of floors below shall not
be included in building area ratio calculations. Crawl spaces without windows, suitable only for
storage and not in excess of four (4) feet in height, shall not be included in building area ratio
calculations.
. Section 6. Repeal. Section 17.50.030, Chapter 50 of Title 17, Avon
Municipal Code, is repealed.
Section 7. Repeal. Section 17.50.040, Chapter 50 of Title 17, Avon
Municipal Code, is repealed.
Section 8. Amendment. Section 17.08.480, Chapter 08 of Title 17, Avon
Municipal Code is amended to provide as follows:
"Lot Setback means the distance from a lot or site line, creek or stream
measured horizontally to a line or location within the lot or site which
establishes the permitted location of uses, structures or building on site.
No building projections shall be permitted into required lot setback areas,
except that there shall be no restriction on walks and steps.
Setback areas shall be open from the ground (finished grade) upward.
Encroachments may occur below grade for foundations or other building projections,
provided the encroachment does not extend more than 10 feet into any front setback
and more than 5 feet into any side or rear setback, and that there shall be a minimum
separation of at least 10 feet from existing public rights of way. No encroachment
into easements or stream setbacks shall be permitted."
Section 9. Repeal. Section 17.50.050, Chapter 50 of Title 17, Avon
Municipal Code is repealed.
Section 10. Repeal. Section 17.50.060, Chapter 50 of Title 17, Avon
Municipal Code is repealed.
Section 11. Repeal. Section 17.50.070, Chapter 50 of Title 17, Avon
Municipal Code is repealed.
Section 12. Repeal. Section 17.50.080, Chapter 50 of Title 17, Avon
Municipal Code is repealed.
Section 13. Repeal. Section 17.50.090, Chapter 50 of Title 17, Avon
Municipal Code is repealed.
Section 14. Amendment. Section 17.50.100, Chapter 50 of Title 17, Avon
Municipal Code is repealed and reenacted as Section 17.08.755 to provide as follows:
"Snow Storage is defined as the. following:
Snow storage is required for any property which, when developed, is intended to contain
impermeable surface area used for purposes other than aboveground construction, and
shall satisfy the following criteria:
(1) An area equal to twenty percent (20%) of impermeable surface area upon which
aboveground construction does not occur shall be designated as a "snow-storage area"
and not developed in a manner inconsistent with such use. Landscaping shall not be
considered to be inconsistent with such use.
(2) Any designated snow-storage area shall be not less than six (6) feet wide, shall be
adjacent to the impermeable surface area from which the snow is to be removed, shall not
be included in any parking area required by the minimum parking requirements of the
Town and shall be contained in such a manner that runoff is directed through a treatment
facility as described in Subsection (3) of this Section, when
such treatment facility is required as a part of the drainage plan.
(3) Whenever a treatment facility is required to be installed in association with a snow-
storage area, the design of the same shall be approved by the Town Engineer as part of
the site drainage plan and shall be designed to remove from the runoff petroleum-based
liquids and settleable solids.
(4) The foregoing requirements for on-site snow-disposal areas may be waived by the
reviewing body of the Town upon the demonstration that:
110
a. An appropriate alternative snow-storage site, or on-site snow melt, is available
for removal of snow to an offsite location suitable and available for such purpose,
meeting with the approval of the Dkee+e~ of Publie `x eriks Community
Development Department; and
b. Arrangements for the off-site removal have been made in a manner assuring the
continuation of such practice throughout the life of the project.
Section 15. Amendment. Section 17.50.110, Chapter 50 of Title 17, Avon
Municipal Code is repealed and reenacted as Section 17.08.505 to provide as follows:
"Lot Setback, Stream is defined as a thirty-foot strip of land measured horizontally from the
mean annual flood high-water mark on each side of any live stream located within the
boundaries of a proposed subdivision shall be protected in its natural state, with the exception
that footpaths, bridges, irrigation structures, flood control and erosion protection devices may be
constructed thereon. If such stream is along the outer boundaries of the subdivision, this
requirement shall apply to that part of such stream and strip which is within the subdivision.
Underground utilities may be located in such protected area; provided that there is no practical
alternative location for such utilities, that the plans are approved by the Town Council through its
designated representative and that all construction scars are revegetated.
Section 16. Repeal. Section 17.50.120, Chapter 50 of Title 17, Avon
Municipal Code is repealed and amended as Section 17.08.215 to provide as follows:
"Density Exclusion is calculated as follows:
(a) Whenever there is proposed for development a tract of land partially under
water at any time during the year, there shall be excluded from the calculation in
determining allowable density those areas of the development tract under water and up to
mean waterline, except where such requirement would prevent construction of a single
family residence; and
(b) Whenever there is proposed for development a tract of land containing
slope in excess of forty percent (40%), there shall be excluded from the calculation in
determining allowable density those areas of the development tract in excess of forty-
percent slope, except where such requirement would prevent construction of a single
family residence.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 26th day of April, 2005, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 10th day of April, 2005, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Ronald C. Wolfe, Mayor
9
C
ATTEST:
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of , 2005.
ATTEST:
Ronald C. Wolfe, Mayor
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
FACounci1\0rdinances\2005\0rd 05-03 AMC 17 Revisions.doc
~O
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 05-03
SERIES OF 2005
A RESOLUTION RECOMMENDING APPROVAL TO THE TOWN COUNCIL OF
AMENDMENTS TO TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT
RELATES TO PUBLIC BENEFIT CRITERIA FOR ALL ZONING APPLICATIONS
AND PROVIDING FOR THE REORGANIZATION, REPEAL AND AMENDMENT TO
THE SUPPLEMENTAL ZONING REGULATIONS
WHEREAS, Title 17 of The Avon Municipal Code requires review and revision on a periodic basis in order to continue to serve the public interest; and
WHEREAS, the Planning and Zoning Commission have reviewed the Wached revisions ("Exhibit A°') to Resolution 05-03 Series of 2005, and held a public h-raring as required
by the Avon Municipal Code to review the proposed amendments.
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends to the Town Council the approval of changes set forth in Resolution
05-03 Series of 2005 in order to amend the existing Avon Municipal Code as adopted.
ADOPTED THIS 5th DAY OF APRIL, 2005
Signe •
Date:
Chris Evans, Chair
Attest:
s d4X
Date: ~
Terry Smith, Lary
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Tambi Katieb, Community Development Direct
Date: April 19, 2005
Re: First Reading of Ordinance 05-03, amendments to Avon Municipal
Code- Title 17 (Zoning)
i
Summary:
Attached to this memo is an ordinance being forwarded to you for review,
discussion, and approval on first reading that proposes amendments to the Town
Zoning Code.
The changes presented in this Ordinance are the result of several discussions at a
staff level about outdated, obsolete or unclear zoning regulations. One particular
proposed amendment- the addition of "public benefit' criterion for zoning
applications- is largely the result of discussion with both . Planning and Zoning
Commission and Town Council over several complex zoning application
deliberations over the last several years.
The proposed amendments have been reviewed by the Community Development
Subcommittee, which includes Councilors Ferraro and Sipes as well as the Planning
Commission Chairman Chris Evans.
At their April 5t', 2005 meeting, The Planning and Zoning Commission
recommended approval of these amendments through Resolution 05-03 subject to
the modifications as outlined in the strikethrough version of Ordinance 05-03, which
is attached for your review.
Discussion:
At your first reading on April 12, 2005, Council requested clarification on several
aspects of the revision. Staff is providing you with a review and discussion of those
items as follows:
- Section 5: Repealing and reenacting the "Accessory Building" and "Accessory
Use" definitions. There was some question as to whether the definitions
should remain separate and distinct. The definition is already combined in the
Zoning Code Definition section as "Accessory building or use" (17.08.040),
and the intention of deleting the 'two separate definitions found in the
supplemental regulations is to refine the existing singular definition for clarity.
None of the statements regarding character, incidental use. or required
approval by the Commission has been altered. Staff and the Town Attorney
have reviewed the combined definition and believe it.to be acceptable.
Section 9: Adding clarity to below grade setbacks that ensures a minimum
clearance from road rights-of-way and easements is permitted. To be clear,
there is currently no minimum setback below grade and what is being
proposed is to define a minimum setback where it is necessary. The building
code does not require any minimum below grade setback. The provision to
allow below grade foundations or projections (i.e. parking structures) does not
override the specific language of the below grade stream setback, which only
permits underground utilities,in limited instances. Staff does not see a need.
to require any more restrictive below grade setback to rear or side lot lines or
those property boundaries that do not abut a public right of way. This
clarification will benefit the design and building community while at the same
time be more protective of existing utility easements and right of ways.
Public Benefit Criteria: Though there was little discussion on this criteria
outside of the 'strikethrough' version that the Planning & Zoning Commission
forwarded to you, we would encourage you to have a discussion of the
criteria as proposed and consider the following as part of the discussion:
o The new provision, similar to the balance of criteria for zone change
review, is not absolute. An application "shall be evaluated" against the
criteria. Therefore, an application might be reviewed and evaluated
that only meets one of the criteria. Please consider that this criteria is
not an absolute determination on any application, but intended to
focus a policy discussion on zoning applications.
o Is the criteria too broad? If it is made too specific, what is the
ramification on the types of applications it is intended to apply to? Are
there instances where an application, for example, offers cultural
benefits without economic benefits that warrants a changed zoning
statu'0
o Staff and the ,Town Attorney have recommended striking applicability
to variances (Section 3 in the previous version). The Planning
Commission recommended striking applicability to the remaining
zoning applications (SRU, Rezoning) and limiting the criteria for
Planned Unit Development (PUD) review only. Applicability of the
criteria should be discussed before adopting this ordinance.
• Page 2 April 26, 2005 Town Council Meeting First Reading Ordinance 05-03, Zoning Code Amendments
Moreover, Ordinance 05-03 proposes to amend the Avon Municipal Code- Title 17
(Zoning) with respect to the following provisions (in order of the proposed Sections):
• Section 1: Adding a "public benefit' criterion to all rezoning, special review
uses and variances. The criteria is housed with the `zone district amendment'
general criteria and referenced by each applicable zoning procedure. The
criteria will require all zoning applications to evidence that benefits of a
specially conferred right (either a rezoning or a special review use, for
instance) will create benefits that are equal to or outweigh any potential
adverse impacts to the community.
• Section 2: Amending the PUD approval criteria to reference the public benefit
criteria.
• Section 3: Amending the special review use approval criteria to reference the
public benefit criteria.
• Section 4: Repealing the accessory building or accessory use definition from
the supplemental regulations-and reenacting the same definition to the
definitions section of the Title.
• Section 5: Repealing the Building Area Ratio definition from the supplemental
regulations and reenacting the same definition to the definitions section of the
Title.
• Section 6: Repealing the height provisions definition from the supplemental
regulations. Height definitions were refined in 2004 and we failed to delete
this redundant supplemental regulation at the time of the last revision.
• Section 7: Repealing the setback provision definition from the supplemental
regulations.
• Section 8: Readopting the setback provision definition in the Definitions
section and adding further clarity for all below grade structure. This is an
area that has been ambiguous in interpretation over the years and has
caused some confusion. We are still proposing that a minimum separation of
at least 10 feet from existing public rights of way and no encroachments into
existing easements (for example, if an easement is greater than 10 feet in
depth) is permitted.
• Section 9: Repealing the "Keeping of House Pets Allowed" definition from the
supplemental regulations. Title 6 ("Animals") defines rules and restrictions of
house pets and this, provision is redundant. Further, the home office and
home occupation standards deal directly with the ability to run a commercial
pet operation in residential zone districts.
• Section 10: Repealing the "Commercial activity in exclusively residential and
mobile home park districts prohibited" definition from the supplemental
0 Page 3 April 26, 2005 Town Council Meeting First Reading Ordinance 05-03, Zoning Code Amendments
regulations. The definition is redundant to zone district regulations and
definitions and serves no purpose.
• Section 11: Repealing the "Burning of exterior open flame flares or fires
prohibited" definition from the supplemental regulations. The definition is
redundant to other regulations (Title 8- Health and Safety) and serves no
purpose.
• Section 12: Repealing the "Signs" definition from the supplemental
regulations. The definition is redundant to other regulations (Chapter 28 of
Title 15- Sign Code) and serves no purpose.,
• Section 13: Repealing the. "Miscellaneous provisions" from the supplemental
regulations. The provisions cited are redundant to those contained in the
Design Review Guidelines and in Title 15 (Outdoor Lighting Standards) and
serve no purpose.
• Section 14: Repealing the, Snow Storage definition from the supplemental
regulations and reenacting the same definition to the definitions section of the
Title. The definition is also changed by replacing approval of alternate snow
storage (off site or snowmelt) by the Public Works Director, instead granting
authority to the Community Development Department.
• Section 15: Repealing the Stream Setback definition from the supplemental
regulations and reenacting the same definition to the definitions section of the
Title:
• Section 16: Repealing the Density Exclusion definition from the supplemental
regulations and reenacting the same definition to the definitions section of the
Title.
Recommendation:..
In anticipation of several major zoning applications we are particularly interested in
adopting the public benefit criteria in a timely manner if it still meets the intent of
Council policy discussion and-deliberation that has been had over the last several
years.
We would like your feedback and any proposed changes to the Ordinance on first
reading, in order to finally adopt this set.of Zoning Code revisions at your May 10th
2005 meeting on second reading.
We recommend that you deliberate on the proposed revisions, providing staff with
any recommended changes while still moving the process forward on first reading.
The public hearing for this Ordinance will be held on May 10, 2005.
0 Page 4 April 26, 2005 Town Council Meeting First Reading Ordinance 05-03, Zoning Code Amendments
Alternatives:
The following options are available for action on this ordinance:
- Approve on First Reading,. setting the Second Reading and public hearing
date to May 10, 2005.
- Deny on First Reading.
- Table on First Reading.
Proposed Motion:
" I move to approve Ordinance 05-03 on first reading, establishing May 10, 2005 as
the Public Hearing and Second Reading."
Town Manager Comments:
Attachments:
A. Ordinance 05-03 (Staff Proposed)
B. Planning and Zoning Commission Resolution 05-03 & Ordinance 05-03
(Strikethrough)
C. Applicable Zoning Code Sections
• Page 5 April 26, 2005 Town Council Meeting First Reading Ordinance 05-03,;Zoning Code Amendments
ORDINANCE NO. 05-03
AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE
OF THE TOWN OF AVON, AS IT RELATES TO PUBLIC
BENEFIT CRITERIA FOR ALL ZONING APPLICATIONS,'
AND PROVIDING FOR THE REORGANIZATION, REPEAL
AND AMENDMENT OF SUPPLEMENTAL ZONING
REGULATIONS.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
Section 1. Amendment. Chapter 28 of Title 17, Avon Municipal Code, is
amended by addition of a new Section 17.28.085 to provide as follows:
"Zoning applications shall be evaluated for their public benefits with the following specific
criteria:
(1) The application demonstrates a public purpose which the current zoning
entitlements cannot achieve; and
(2) Approval of the zoning application provides economic, cultural or social
long-term community benefits that are equal to or greater than potential
adverse impacts as a result of the changed zoning rights; and
(3) The flexibility afforded in approval of the zoning application will result in
better siting of the development, preserving valued environmental and
cultural resources, and increasing the amount of public benefit consistent
with the community master plan documents."
Section 2. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title
17, Avon Municipal Code, is amended by addition of a new subparagraph (12) as follows:
"(12) That the PUD or amendment to PUD requested provides evidence of
substantial compliance with the public purpose provisions of the Zoning
Code as specified in Section 17.28.085"
Section 3. Amendment. Section 17.48.040, Chapter 48 of Title 17, Avon
Municipal Code, is amended by the addition of a new subsection (4) to provide as follows:
"(4) That the granting of the special review use requested provides evidence of
substantial compliance with the public purpose provisions of the Zoning Code as
specified in Section 17.28.085."
Section 4. Amendment. Section 17.50.010, Chapter 50 of Title 17, Avon
Municipal Code, is repealed and reenacted as Section 17.08.040 to provide as follows:
"Accessory Building or accessory use means a subordinate building or use which
is located on the same lot on which the main building or use is situated and which is
reasonably necessary and incidental to the conduct of the primary use of such building or
main use, and does not change the basic character thereof as determined by its principal
use. Accessory buildings shall not be provided with kitchen or bath facilities sufficient to
render them suitable for permanent residential occupancy. Approval of the Planning and
Zoning Commission and a building permit are required. Accessory buildings and uses
shall be permitted in every zone district.
Section 5. Amendment. Section 17.50.020, Chapter 50 of Title 17, Avon
Municipal Code, is repealed and reenacted as Section 17.08.145 to provide as follows:
"Building Area Ratio. For the purpose of calculating building area ratio, there shall be
included that area within the surrounding exterior walls (measured from their exterior surface) of
a building or portion thereof. The building area of a building or portion thereof shall include all
exterior walkways, terraces, courts, stairways or other constructed areas under a horizontal
projection of a roof or floor above.
Garages shall not be included in building area ratio calculations to the extent they do not exceed
the following square footage limitations:
One-car garage: four hundred (400) square feet maximum
Two-car garage: six hundred (600) square feet maximum
Garage square footage in excess of these square footages shall be included in building area ratio
calculations.
Decks which are above grade and are uncovered and which extend out from the enclosed space
of the structure shall be included in building area ratio calculations to the extent that fifty percent
(50%) of such decks shall be calculated; decks which do not exceed height restrictions
established in this zoning code and which are constructed on the roofs of floors below shall not
be included in building area ratio calculations. Crawl spaces without windows, suitable only for
storage and not in excess of four (4) feet in height, shall not be included in building area ratio
calculations.
Section 6. Repeal. Section 17.50.030, Chapter 50 of Title 17, Avon
Municipal Code, is repealed.
Section 7. Repeal. Section 17.50.040, Chapter 50 of Title 17, Avon
Municipal Code, is repealed.
Section 8. Amendment. Section 17.08.480, Chapter 08 of Title 17, Avon
Municipal Code is amended to provide as follows:
"Lot Setback means the distance from a lot or site line, creek or stream
measured horizontally to a line or location within the lot or site which
establishes the permitted location of uses, structures or building on site.
No building projections shall be permitted into required lot setback areas,
except that there shall be no restriction on walks and steps.
Setback areas shall be open from the ground (finished grade) upward.
Encroachments may occur below grade for foundations or other building
projections, provided however that there shall be a minimum separation of
at least 10 feet from existing public rights of way.and no encroachment
into easements shall be permitted."
Section 9. Repeal. Section 17.50.050, Chapter 50 of Title 17, Avon
Municipal Code is repealed.
Section 10. Repeal. Section 17.50.060, Chapter 50 of Title 17, Avon
Municipal Code is repealed.
Section 11. Repeal. Section 17.50.070, Chapter 50'of Title 17, Avon
Municipal Code is repealed.
Section 12. Repeal. Section 17.50.080, Chapter 50 of Title 17, Avon
Municipal Code is repealed.
Section 13. Repeal. Section 17.50.090, Chapter 50 of Title 17, Avon
Municipal Code is repealed.
Section 14. Amendment. Section 17.50.100, Chapter 50 of Title 17, Avon
Municipal Code is repealed and reenacted as Section 17.08.755 to provide as follows:
"Snow Storage is defined as the following:
Snow storage is required. for any property which, when developed, is intended to contain
impermeable surface area used for purposes other than aboveground construction, and
shall satisfy the following criteria:
(1) An area equal to twenty percent (20%) of impermeable surface area upon which
aboveground construction does not occur shall be designated as a "snow-storage, area"
and not developed in a manner inconsistent with such use. Landscaping shall not be
considered to be inconsistent with such use.
(2) Any designated snow-storage area shall be not less than six (6) feet wide, shall be
adjacent to the impermeable. surface area from which the snow is to be removed, shall not.
be included in any parking area required by the minimum parking requirements of the
Town and shall be contained in such a manner that runoff is directed through a treatment
facility as described in Subsection (3) of this Section, when
such treatment facility is required as a part of the drainage plan.. .
(3) Whenever a treatment facility is required to be installed in association with a snow-
storage area, the design of the same shall be approved by the Town Engineer as part of
the site drainage plan and shall be designed to remove from the runoff petroleum-based
liquids and settleable solids.
(4) The foregoing requirements for on-site snow-disposal. areas may be waived by the
reviewing body of the Town upon the demonstration that:
a. An appropriate alternative snow-storage site, or on-site snow melt, is available
for removal of snow to an offsite location suitable and available for such purpose,
meeting with the approval of the nir°e+e~ of Publ e ` erik° Community
Development Department; and
b. Arrangements for the off-site removal have been made in a manner assuring the
continuation of such practice throughout the life of the project.
Section 15. Amendment. Section 17.50.110, Chapter 50 of Title 17, Avon
Municipal Code is repealed and reenacted as Section 17.08.505 to provide as follows:
"Lot Setback, Stream is defined as a thirty-foot strip of land measured horizontally from the
mean annual flood high-water mark on each side of any live stream located within the
boundaries of a proposed subdivision shall be protected in its natural state, with the exception
that footpaths, bridges, irrigation structures, flood control and erosion protection devices may be
constructed thereon. If such stream is along the outer boundaries of the subdivision, this
requirement shall apply to that part of such stream and strip which is within the subdivision.
Underground utilities may be located in such protected area; provided that there is no practical
alternative location for such utilities, that the plans are approved by the Town Council through its
designated representative and that all construction scars are revegetated.
Section 16. Repeal. Section 17.50.120, Chapter 50 of Title 17, Avon
Municipal Code is repealed and amended as Section 17.08.215 to provide as follows:
"Density Exclusion is calculated as follows:
(a) Whenever there is proposed for development a tract of land partially under
water at any time during the year, there shall be excluded from the calculation in
determining allowable density those areas of the development tract under water and up to
mean waterline, except where such requirement would prevent construction of a single
family residence; and
(b) Whenever there is proposed for development a tract of land containing
slope in excess of forty percent (40%), there shall be excluded from the calculation in
determining allowable density those areas of the development tract in excess of forty-
percent slope, except where such requirement would prevent construction of a single
family residence.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 26th day of April, 2005, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 10th day of April, 2005, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of '2005.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
FACounci1\0rdinances\2005\0rd 05-03 AMC 17 Revisions.doc
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 05-03
SERIES OF 2005
A RESOLUTION RECOMMENDING APPROVAL TO THE TOWN COUNCIL OF
AMENDMENTS TO TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT
RELATES TO PUBLIC BENEFIT CRITERIA FOR ALL ZONING APPLICATIONS
AND PROVIDING FOR THE REORGANIZATION, REPEAL AND AMENDMENT TO
THE SUPPLEMENTAL ZONING REGULATIONS
WHEREAS, Title 17 of The Avon Municipal Code requires review and revision on a
periodic basis in order to continue to serve the public interest; and
WHEREAS, the Planning and Zoning Commission have reviewed the'atPached revisions
("Exhibit A") to Resolution 05-03 Series of 2005, and held a public hsaring as required
by the Avon Municipal Code to review the proposed amendments.
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends to the Town Council the approval of changes set forth in Resolution
05-03 Series of 2005 in order to amend the existing Avon Municipal Code as adopted.
ADOPTED THIS 5th DAY OF APRIL, 2005
Signe
Date: S~6
Chris Evans, Chair
Attest:
i
Date: y~ S
Terry Smith, cr tary
FAPlanning & Zoning Cornmission\Reso1utions\2005\Res 05-03 Zoning Text Amendmeift.doc
n
ORDINANCE NO. 05-03
AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE
OF THE TOWN OF AVON, AS IT RELATES TO PUBLIC
BENEFIT CRITERIA FOR ALL.ZONING APPLICATIONS,
AND PROVIDING FOR THE REORGANIZATION, REPEAL
AND AMENDMENT OF SUPPLEMENTAL ZONING
REGULATIONS.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
Section 1. Amendment. Chapter 28 of Title 17, Avon Municipal Code, is
amended by addition of a new section 17.28.085 to provide as follows:
"All rezoning, Planned Unit Development (PUD) applications shall be evaluated for their public benefits with
the following specific criteria:
(1) The application demonstrates a public purpose which the current zoning
entitlements cannot achieve; and
(2) Approval of the zoning application provides economic, cultural or social
long-term community benefits that are equal to or greater than potential
adverse impacts as a result of the changed zoning rights; and
(3) The flexibility afforded in approval of the zoning application will result in
better siting of the development, preserving valued environmental and
cultural resources, and increasing the amount of public benefit consistent
with the community master plan documents."
Section 2. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title
17, Avon Municipal Code, is amended by addition of a new subparagraph (12) as follows:
"(12) That the PUD or amendment to PUD requested provides evidence of
substantial compliance with the public purpose provisions of the Zoning
Code as specified in Section 17.28.085"
Seetion 3. Amendment. Seetien 17.36.050, Chapter- 36 of Title 17, Aven
Mtmieipal Code, is amended by the additien of a new subseetien (3) to pr-eyide as follows-
substantial eemplian
ee with the publie p siens of the Zoning
Seetien 4. Amendment. Seetion 17.48.040, Chapter- 48 ef Title 17, Avon
Mtmieipal Code, is amended by the additien of a new subseetien (4) to provide as fellews-
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Section 5. Amendment. Section 17.50.010, Chapter 50 of Title 17, Avon
Municipal Code, is repealed and reenacted as Section 17.08.040 to provide as follows:
"Accessory Building or accessory use means a subordinate building or use which
is located on the same lot on which the main building or use is situated and which is
reasonably necessary and incidental to the conduct of the primary use of such building or
main use, and does not change the basic character thereof as determined by its principal
use. Accessory buildings shall not be provided with kitchen or bath facilities sufficient to
render them suitable for permanent residential occupancy. Approval of the Planning and
Zoning Commission and a building permit are required. Accessory buildings.and uses
shall be permitted in every zone district.
Section 6. Amendment. Section 17.50.020, Chapter 50 of Title 17, Avon
Municipal Code, is repealed and reenacted as Section 17.08.145 to provide as follows:
"Building Area Ratio. For the purpose of calculating building area ratio, there shall be
included that area within the surrounding exterior walls (measured from their exterior surface) of
a building or portion thereof. The building area of a building or portion thereof shall include all
exterior walkways, terraces, courts, stairways or other constructed areas under a horizontal
projection of a roof or floor above.
Garages shall not be included in building area ratio calculations to the extent they do not exceed
the following square footage limitations:
One-car garage: four.hundred (400) square feet maximum
Two-car garage: six hundred (600) square feet maximum
Garage square footage in excess of these square footages shall be included in building area ratio
calculations.
Decks which are above grade and are uncovered and which extend out from the enclosed space
of the structure shall be included in building area ratio calculations to the extent that fifty percent
(50%) of such decks shall be calculated; decks which do not exceed height restrictions
established in this zoning code and which are constructed on the roofs of floors below shall not
be included in building area ratio calculations. Crawl spaces without windows, suitable only for
storage and not in excess of four (4) feet in height, shall not be included in building area ratio
calculations.
Section 7. Repeal. Section 17.50.030, Chapter 50 of Title. 17, Avon
Municipal Code, is repealed.
Section 8. Repeal. Section 17.50.040, Chapter 50 of Title 17, Avon
Municipal Code, is repealed.
Section 9. Amendment. Section 17.08.040, Chapter 08 of Title 17, Avon
Municipal Code is amended to provide as follows:
"Lot Setback means the distance from a lot or site line, creek or stream
measured horizontally to a line or location within the lot or site which
establishes the permitted location of uses, structures or building on site.
No building projections shall be permitted into required lot setback areas,
except that there shall be no restriction on walks and steps..
Setback areas shall be open from the ground (finished grade) upward.
Encroachments may occur below grade for foundations or other building
projections, provided however that there shall be a minimum separation of
at least 10 feet from existing public rights of way and no encroachment
into easements shall be permitted."
Section 10. Repeal. Section 17.50.050, Chapter 50 of Title 17, Avon
Municipal Code is repealed.
Section 11. Repeal. Section 17.50.060, Chapter 50 of Title 17, Avon
Municipal Code is repealed.
Section 12. Repeal. Section 17.50.070, Chapter 50 of Title 17, Avon
Municipal Code is repealed.
Section 13. Repeal. Section 17.50.080, Chapter 50 of Title 17, Avon
Municipal Code is repealed.
Section 14. Repeal. Section. 17.50.090, Chapter 50 of Title 17, Avon
Municipal Code is repealed.
Section 15. Amendment. Section 17.50.100, Chapter 50 of Title 17, Avon
Municipal Code is repealed and reenacted as Section 17.08.755 to provide as follows:
"Snow Storage is defined as the following:
Snow storage is required for any property which, when developed, is intended to contain
impermeable surface area used for purposes other than aboveground construction, and
shall satisfy the following criteria:
(1) An area equal to twenty percent, (20%) of impermeable surface area upon which
aboveground construction does not occur shall be designated as a "snow-storage area"
-and not developed in a manner inconsistent with such use. Landscaping shall not be
considered to be inconsistent with such use.
(2) Any designated snow-storage area shall be not less than six (6) feet wide, shall be .
adjacent to the impermeable surface area from which the snow is to be removed, shall not-
be included in any parking area required by the minimum parking requirements of the
Town and shall be contained in such a manner that runoff is directed through a treatment
facility as described in Subsection (3) of this Section, when
such treatment facility is required as a part of the drainage plan.
(3) Whenever a treatment facility is required to be installed in association with a snow-
storage area, the design of the same shall be approved by the Town Engineer as part of
the site drainage plan and shall be designed to remove from the runoff petroleum-based
liquids and settleable solids.
(4) The foregoing requirements for on-site snow-disposal areas may be waived by the
reviewing body of the Town upon the demonstration that:
a. An appropriate alternative snow-storage site, or on-site snow melt, is available
for removal of snow to an offsite location suitable and available for such purpose,
meeting with the approval of the Dir-ee+e~ of D• blie Wer- k& Community
Development Department; and
b. Arrangements for the off-site removal have been made in a manner assuring the
continuation of such practice throughout the life of the project.
Section 16. Amendment. Section 17.50.110, Chapter 50 of Title 17, Avon
Municipal Code is repealed and reenacted as Section 17.08.505 to provide as follows:
"Lot Setback, Stream is defined as a thirty-foot strip of land measured horizontally from the
mean annual flood high-water mark on each side of any live stream located within the
boundaries of a proposed subdivision shall be protected in its natural state, with the exception
that footpaths, bridges, irrigation structures, flood control and erosion protection devices may be
constructed thereon. If such stream is along the outer boundaries of the subdivision, this
requirement shall apply to that part of such stream and strip which is within the subdivision.
Underground utilities may be located in such protected area; provided that there is no practical
alternative location for such utilities, that the plans are approved by the Town Council through its
designated representative and that all construction scars are revegetated.
Section 17. Repeal. Section 17.50.120, Chapter 50 of Title 17, Avon
Municipal Code is repealed and amended as Section 17.08.215 to provide as follows:
"Density Exclusion is calculated as follows:
(a) Whenever there is proposed for development a tract of land partially under
water at any time during the year, there shall be excluded from the calculation in
determining allowable density those areas of the development tract under water and up to
mean waterline, except where such requirement would prevent construction of a single
family residence; and
(b) Whenever there is proposed for development a tract of land containing
slope in excess of forty percent (40%), there shall be excluded from the calculation in
determining allowable density those areas of the development tract in excess of forty-
percent slope, except where such requirement would prevent construction of a single
family residence.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 12th day of April, 2005, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 26th day of April, 2005, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of , 2005.
Ronald C.' Wolfe, Mayor
ATTEST: f
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
FACounci1\0rdinances\2005\0rd 05-03 AMC 17 Revisions.doc