TC Ord. No. 2005-05 Ordinance amending Title 16 muni code of the TOA relating to approval of subdivisions of land and granting of variances in association therewithTOWN OF AVON, COLORADO
ORDINANCE NO. 05-05
SERIES OF 2005
AN ORDINANCE AMENDING TITLE 16, MUNICIPAL CODE OF THE TOWN OF
AVON, RELATING TO APPROVAL OF SUBDIVISIONS OF LAND AND GRANTING
OF VARIANCES IN ASSOCIATION THEREWITH
COLORADO:
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
Section 1. Amendment. Section 16.16.010, Chapter 16.16 of Title 16, Avon
Municipal Code, is repealed and reenacted to provide as follows:
Any person proposing to subdivide land shall submit a sketch plan in the
form and mariner described in Article II of this Chapter, together with required
supplemental information, to the Town Council at least thirty (30) days prior to
the regularly scheduled Town Council meeting at which the applicant wishes
sketch plan review.
Section 2. Amendment. Subsection (1), Section 16.16.030, Chapter 16.16 of
Title 16, Avon Municipal Code, is repealed and reenacted to provide as follows:
(1) Whether the sketch plan complies with applicable zoning and
takes into consideration:
(a) The Comprehensive Plan;
(b) For Planned Unit Developments, the relevant Planned
Unit Development Master Plan and the Comprehensive Plan, as reflected
in the approval of that Planned Unit Development; and
(c) General suitability of the land for such development.
Section 3. Amendment. Section 16.20.010, Chapter 16.20 of Title 16, Avon
Municipal Code, is amended to provide as follows:
The subdivider, in compliance with Article II of this Chapter, must submit
the preliminary plan of the proposed subdivision with the maps and supporting
information required in this Chapter to the Town Council at least sixty (60) days
prior to the meeting at which the applicant wishes to be heard.
Section 4. Amendment. Section 16.20.040, Chapter 16.20 of Title 16, Avon
Municipal Code, is repealed and reenacted to provide as follows:
The Town Council shall review the preliminary plan to determine whether
the proposed subdivision conforms to applicable zoning and these subdivision
regulations and whether it takes into consideration:
(1) The Comprehensive Plan;
(2) For Planned Unit Developments, the relevant Planned Unit
Development Master Plan and the Comprehensive Plan, as reflected in the
approval of that Planned Unit Development.
(3) Physical suitability of lots proposed for subdivision.
(4) Compatibility with surrounding land uses.
Section 5. Amendment. Section 16.20.070, Chapter 16.20 of Title 16, Avon
Municipal Code, is repealed and reenacted to provide as follows:
The Town Council shall hold a public hearing upon any application for
preliminary plan approval submitted pursuant to this Chapter. Notice of such
hearing shall be sent by first class mail, or delivered personally, at least twelve
(12) days prior to the hearing date, to owners of property within three hundred
(300) feet of the property in question. Owners of residential condominium units
may be served with notice by mailing (or delivering) a copy of the notice to the
owners association or its manager. The applicant shall furnish to the Town Clerk
the names and addresses of the owners of property within three hundred (300) feet
of the property in question. The public hearing and notice requirements hereof
may be combined and run concurrently with the public hearing and notice
requirements contained in Section 16.44.060 of this Code. Where subdivision
approval will be required to implement development in a proposed PUD, a
preliminary subdivision plan application must be filed and reviewed concurrently
with the PUD application. The public hearing and notice requirements for
preliminary subdivision plan approval shall be combined and run concurrently
with the PUD public notice and hearing requirements as prescribed I Title 17.
Section 6. Repeal. Sections 16.20.080 and 16.20.090, Chapter 16.20 of Title 16,
Avon Municipal Code, are repealed.
Section 7. Amendment. Section 16.20.120, Chapter 16.20 of Title 16, Avon
Municipal Code, is amended to provide as follows:
The Town Council may, at its discretion, request that the preliminary
plan be reviewed by the Planning and Zoning Commission for specific
recommendations.
Section 8. Amendment. Subsection (a), Section 16.24.010, Chapter 16.24 of
Title 16, Avon. Municipal Code, is amended to provide as follows:
The subdivider shall submit the final plat for all or a portion of an area
within an approved preliminary plan to which it must conform, with maps and
information as required under Article II of this Chapter, to the Town Clerk at least
forty-five (45) days prior to a the meeting at which the applicant wishes final plat
approval.
Section 9. Repeal. Sections 16.44.040 and 16.44.050, Chapter 16.44 of Title 16,
Avon Municipal Code, are repealed.
Ordinance No. 05-05 Subdivison Regs
Page 2 of 3
Section 10. Amendment. Section 16.44.060, Chapter 16.44 of Title 16, Avon
Municipal Code, is repealed and reenacted to provide as follows:
The Town Council shall hold a public hearing upon any application
submitted pursuant to this Chapter. Notice of such hearing shall be sent by first
class mail, or delivered personally, at least twelve (12) days prior to the hearing
date, to owners of property within three hundred (300) feet of the property in
question. Owners of residential condominium units may be served with notice by
mailing (or delivering) a copy of the notice to the owners association or its
manager. The applicant shall furnish to the Town Clerk the names and addresses
of the owners of property within three hundred (300) feet of the property in
question. The public hearing and notice requirements hereof may be combined
and run concurrently with the public hearing and notice requirements contained in
Section 16.20.070 of this Code.
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 May, 2005, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
F AVON
ATTEST:
Pcl~ ~c
Patty cK nny, T Jerk
G
, 6 , , " Ronald; C: a?Vol:fe, Mayor
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND
ORDERED POSTED the 10th day of May, 2005.
ATTEST:
Patty cK nny, To n Jerk
Wr AS TO FORM:
Jo W. Dunn, Town Attorney
Wolfe, Mayor
Ordinance No. 05-05 Subdivison Regs
Page 3 of 3
MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: SUBDIVISION REGULATIONS
DATE: April 20; 2005
. At your last meeting, you asked that an ordinance be prepared which would
remove deadlines on council approval of preliminary plans and variances, revise timelines to
allow staff more time for review and incorporate into the subdivision regulations conformance
with the Town's Comprehensive Plan and other, similar documents including The Village (at
Avon) PUD. A proposed ordinance accompanies this memorandum.
The following changes have been made (references are to sections of the
ordinance):
Sections 1. 3, and 8 extend the times for submittal of applications, to allow more
time for staff review. Section 1 changes 15 days to 30 days. Section 3 changes 30 days to 60
days to allow time for referrals. Section 8 changes 30 days to 45 days.
Section 2. The subdivision regulations currently require that a sketch plan
conform with "the master plan." The pertinent section will be amended to change "master plan"
to "Comprehensive Goals and Policies" and add additional language which broadens that
concept. As you can see, the requirement for sketch plans will be similar to the requirements for
preliminary plans.
Section 4. Similar language is added for preliminary plan review.
Section 5. This is a housekeeping amendment. The time for giving notice is
being changed from 5 days to 12 days so as to conform with notice for hearing on zoning
amendments.
Sections 6 and 9. The several sections which place a deadline on council to
approve or deny either a subdivision application or a variance from the subdivision regulations
are repealed.
Section 7. This is a housekeeping amendment. The subdivision regulations
currently make reference to the Design Review Board, rather than the Planning and Zoning
Commission.
Section 10. The variance part of the subdivision regulations do not provide for a
hearing, except in the indirect sense of requiring the Council to grant or deny the application
within a particular time period. I have therefore added substantially the same language as is now
in place for hearings on applications for preliminary plan review. I am assuming that you will
want to give notice of that hearing and conduct it as a quasi-judicial review. That is consistent
with the process for variances from the zoning regulations:
JWD:ipse