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TC Ord. No. 2005-11 Amending title 17 muni code of the TOA as it relates to the definitions of use, accommodation unit kitchen and adding a definition for efficiency kitchenTOWN OF AVON, COLORADO ORDINANCE NO. 05-11 SERIES OF 2005 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO THE DEFINITION OF USE, ACCOMMODATION UNIT, KITCHEN AND ADDING A DEFINITION FOR EFFICIENCY KITCHEN. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 17.08.820, Chapter 20 of Title 17, Avon Municipal Code, is as follows: "Use. Use means the purpose for which land or a building is designated, arranged, or intended, or for which it either is or may be occupied or maintained. Uses not expressly allowed in this chapter as an "allowed use" are expressly prohibited, unless otherwise approved." Section 2. Amendment. Section 17.08.050, Chapter 20 of Title 17, Avon Municipal Code, is as follows: "Accommodation Unit. Accommodation unit means any room or group of rooms used primarily for transient lodging, and accessible from common corridors, walks or balconies without passing through another accommodation unit and shall be no larger than 600 square feet. An accommodation unit matey include an efficiency kitchen. Each accommodation unit shall be counted as one-third (1/3) of a dwelling unit for purposes of calculation allowable units per acre except as set forth in Section 17.08.270. Section 3. Amendment. Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended by addition of a new definition as follows: "Efficiency Kitchen. Efficiency kitchen means a portion of a room, that may contain a sink, refrigerator, dishwasher, microwave oven, cook top, wet bar or similar facility but expressly not a stove or oven, within an accommodation unit or dwelling. Stub outs for natural gas, propane or 220-V electric hook-ups are not allowed. Section 4. Amendment. Section 17.08.400, Chapter 20 of Title 17, Avon Municipal Code, is amended as follows: "Kitchen. Kitchen means a room or portion of a room devoted to the preparation or cooking of food for a person or a family living independently other family which contains a sink and a stove, cook top, or oven powered by either natural gas, propane or 220-V electric hook-up. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 13th day of September, 2005, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 26th day of September, 2005, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. OF AY49; % ATTEST: A ~J Pat Mc envy, ona d C. Wolfe, Mayor INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the aLQ - day of z(~e~vl~ , 2005. ATTEST: f oec L' A L t 8 ~8 ci1,l~ C d'' Patty McI envy, T~wn lerlU APPROVED AS TO FORM: -t , JA Jo W. Dunn, Town Attorney Ronald C. Wolfe, Mayor Ordinance No. 05-11 AMC17 Final Page 2 of 2 • Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Tambi Katieb, Community Development Direct - ` Date: September 7, 2005 Re: First Reading of Ordinance 05-11, amendments to Avon Municipal Code- Title 17 (Zoning) PUBLIC HEARING Background & Summary: Attached to this memo is an Ordinance being forwarded for review, discussion, and recommendation to Town Council regarding several staff initiated zoning code text amendments. The proposed amendments presented are the result of several. discussions at a staff level regarding outdated, or unclear zoning definitions. O Although the zoning code has been recently updated in some areas, the definitions proposed for amendment have been in existence for 20 years with little or no changes to them. Several of the proposed amendments are directly related in their application or function and have been identified by staff as outdated, particularly the definition of an "accommodation unit". Through the evaluation and analysis of several significant land use applications currently under review, it is apparent that conditions have changed in the market place, which requires more flexibility with respect to how our code distinguishes or classifies land uses. The discussion section below outlines the individual definitions proposed for amendment and a brief description of the rationale for the amendment and it's applicability. Planning and Zoning Commission Recommendation On September 6th, 2005, the Commission held a public hearing to discuss the proposed Zoning Code text amendments. After a lengthy discussion, the Commission recommended through Resolution 05-11 approval of the proposed amendments with the following revisions. • The maximum size of an accommodation unit shall be no larger than 400 square feet; • Adding the term "cook top" to the definition of Efficiency Kitchen making it a feature that would be not permitted; and • 0 Removing 220-V from the definition of kitchen. The Commission's rationale for reducing the maximum size of the Accommodation • Unit was that the proposed 600 square feet was too large of an area and that 400 square feet seemed to be an appropriate size for a traditional Accommodation Unit. The Commission also excluded the use of a "cook top" from an Efficiency Kitchen because they felt that a "cook top" would allow a level of food preparation that was similar to a Kitchen, which by definition would constitute a dwelling unit. Exhibit `A' to Resolution 05-11, forwarded by the Commission, reflects their proposed recommended changes to the amendment. The Ordinance attached reflects staff original proposal. . Discussion: Ordinance 05-11 proposes to amend the Avon Municipal Code - Title 17 (Zoning) with respect to the following definitions. The underline text is language added, the strike through text would be eliminated, and the highlighted text is the Commission recommended version: 1. Section 1: Use. Use means the purpose for which land or a building is designated, arranged, or intended, or for which it either is or may be occupied or maintained. Uses not expressly allowed in this chapter as an "allowed use" are expressly prohibited, unless otherwise approved." In the past, staff has relied on the Zoning Administrator or the Planning and Zoning • Commission to make interpretations regarding among other things permitted or non- permitted land uses. With regularity, those interpretations have concluded that uses not explicitly stated as "allowed uses" were not permitted. This section of the amendment would add the last sentence to the existing definition thereby making that determination clear. However, in the event an applicant wanted a formal interpretation, that process would still be allowed. 2. Section 2: "Accommodation Unit. Accommodation unit means any room or group of rooms without a , used primarily for transient lodging, and accessible from common corridors, walks or balconies without passing through another accommodation unit and shall be no larger than 6W 400 square feet. An accommodation unit may include an efficiency kitchen. Each accommodation unit shall be counted as one-third (1/3) of a dwelling unit for purposes of calculation allowable units per acre. The "accommodation unit" has traditionally been used to describe a hotel room or a room that functions similar to a hotel room. Many hotel developers have changed the way theses rooms are marketed by the provisions or services the hotel rooms provide. For example, many hotel rooms furnish what we later in this memo describe as an efficiency kitchen. This may include a sink, refrigerator, or a hot plate. Because our current definition of an accommodation unit prohibits these features, the way staff calculates density becomes skewed. Under our current • Page 2 September 13, 2005 Town Council Meeting First Reading Ordinance 05-11, Zoning Code Amendments Public Hearing • definition, if an accommodation unit contained a microwave, that unit would be consider one (1) dwelling unit as opposed to an accommodation unit which is measured as one-third (1/3) of a dwelling unit. An example of how this definitional change would affect the way staff calculates density is the Sheraton Mountain Vista PUD. A Sheraton unit measures approximately 1,500 square feet and is legally subdivided into a deluxe one bedroom (full kitchen) and a standard one-bedroom lock-off (efficiency kitchen). The standard one-bedroom is currently being calculated as one dwelling unit, although it has the same features as an accommodation unit. The size of the one-bedroom is 575 square feet and the features on the efficiency kitchen include a sink, small refrigerator, small dishwasher, and a microwave. Because these units essentially function the same, with or without these specific features, we believe that the proposed definition provides the flexibility needed in determining density. Its important to note that this ratio (1/3 of a dwelling unit) only applies to the calculation of density. All other matters (i.e. minimum parking standards, or water right allocation) are calculated independent of this definition. 3. Section 4: the-fGIIOWR► ® (1) RuRRiRg rein}°r and sink; f and (3) A F2f rigeF&tAF "Kitchen. Kitchen means a room or portion of a room devoted to the preparation or cooking of food for a person or a family living independently of any other family which contains a sink and a stove cook top or oven powered by natural gas propane or 220 electric hook-uo. The definition of a kitchen is important primarily when used for the determination of a dwelling unit. The presence of a kitchen has historically been used to distinguish a dwelling unit from other incidental uses. If a structure contains a single kitchen, as defined above, then staff calculates that structure as one dwelling unit. The current definition of a kitchen is broad, and the literal interpretation would prevent features such as wet bars or what we describe below as an efficiency kitchen, from being placed as an incidental use in a dwelling unit. Staff's approach to the amendment is to refine the current definition of a kitchen and segregate incidental features (see definition of efficiency kitchen below) from the currently broad definition of kitchen. The distinguishing characteristic is the presence of a stove or oven. • 3. Section 3: "Efficiency Kitchen. Efficiency kitchen means a room, wet bar or similar facility that may contain a sink, refrigerator, dishwasher, microwave oven and/or hot plate but expressly not a stove cook tot), or oven within an Page 3 September 13, 2005 Town Council Meeting First Reading Ordinance 05-11, Zoning Code Amendments Public Hearing 3 accommodation unit or dwelling unit that is intended for the storage, preparation • and serving of food or drink. Stub outs for natural gas, propane or 220-V electric hook-ups are not considered customarily incidental to a wet bar. Alternatives: The following options are available for action on this ordinance: - Approve on First Reading, setting the Second Reading and public hearing date to September 27, 2005. - Deny on First Reading. - Table on First Reading. Recommendation: Staff recommends that you open the public hearing on first reading, discuss the proposed amendment and the Planning & Zoning Commission revision, and approve the amendment on first reading, setting the second reading and final action on this Ordinance for September 27, 2005. Proposed Motion: "I move to approve Ordinance 05-11 on first reading, establishing September 27, 2005 as the Public Hearing and Second Reading." • Town Manager Comments: r r Attachments: A. Ordinance 05-11 B. Planning and Zoning Commission Resolution 05-11 n U Page 4 September 13, 2005 Town Council Meeting First Reading Ordinance 05-11, Zoning Code Amendments Public Hearing 4 • ORDINANCE NO. 05-11 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO THE DEFINITION OF USE, ACCOMMODATION UNIT, KITCHEN AND ADDING A DEFINITION FOR EFFINCINCY KITCHEN. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 17.08.820, Chapter 20 of Title 17, Avon Municipal Code, is as follows: "Use. Use means the purpose for which land or a building is designated, arranged, or intended, or for which it either is or may be occupied or maintained. Uses not expressly allowed in this chapter as an "allowed use" are expressly prohibited, unless otherwise approved." Section 2. Amendment. Section 17.08.050, Chapter 20 of Title 17, Avon Municipal Code, is as follows: "Accommodation Unit. Accommodation unit means any room or group of rooms witheut a kite en, used primarily wee for transient lodging, and accessible from common corridors, walks or balconies without passing through e another accommodation unit and shall be no larger than 600 square feet. of dwelling unit. An accommodation unit may include an efficiency kitchen. Each accommodation unit shall be counted as one-third (1/3) of a dwelling unit for purposes of calculation allowable units per acre. Section 3. Amendment. Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended by addition of a new definition as follows: "Efficiencv Kitchen. Efficiencv kitchen means a portion of a room, that ma contain a sink, refrigerator, dishwasher, microwave oven, hot plate, wet bar or similar facility but expressly not a stove or oven, within an accommodation unit or dwelling unit that is intended for the storage, preparation and serving of food or drink. Stub outs for natural gas, propane or 220-V electric hook-ups are not considered customarily incidental to an efficiency kitchen. Section 4. Amendment. Section 17.08.400, Chapter 20 of Title 17, Avon Municipal Code, is amended as follows: fbljewiffg~ (1) Ru i and f f and • (3) "Kitchen. Kitchen means a room or portion of a room devoted to the preparation • or cooking of food for a person or a family living any other family which contains a sink and a stove, cook top, or oven powered by either natural gas, propane or 220-V electric hook-up. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 13th day of September, 2005, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 13th day of September, 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 • Lo • TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 05-11 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 THE DEFINITION OF USE, ACCOMMODATION UNIT, KITCHEN AND ADDING A DEFINITION FOR EFFINCINCY KITCHEN 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 attached revisions ("Exhibit A") to Resolution 05-11 Series of 2005, and held a public hearing 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 05-11 Series of 2005 in order to amend the existing Avon Municipal Code as adopted. 0 ADOPTED THIS 6th DAY OF SEPTEMBER, 2005 Signed: Date: y & Chris Evans, Chair Attest: Date: Phil Struve, Secretary Exhibit "A" to Resolution 05-11 ORDINANCE NO. 05-11 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO THE DEFINITION OF USE, ACCOMMODATION UNIT, KITCHEN AND ADDING A DEFINITION FOR EFFINCINCY KITCHEN. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 17.08.820, Chapter 20 of Title 17, Avon Municipal Code, is as follows: "Use. Use means the purpose for which land or a building is designated, arranged, or intended, or for which it either is or may be occupied or maintained. Uses not expressly allowed in this chapter as an "allowed use" are expressly prohibited, unless otherwise approved." Section 2. Amendment. Section 17.08.050, Chapter 20 of Title 17, Avon Municipal Code, is as follows: "Accommodation Unit. Accommodation unit means any room or group of rooms witheti! a 'ite'm, used primarily as a bedr-a for transient lodging, and accessible from common corridors, walks or balconies without passing through another accommodation unit and shall be no larger than 400 square feet. of dWelliflg An accommodation unit may include an efficiency kitchen. Each accommodation unit shall be counted as one-third (1/3) of a dwelling unit for purposes of calculation allowable units per acre. Section 3. Amendment. Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended by addition of a new definition as follows: i~ "Efficiencv Kitchen. Efficiencv kitchen means a portion of a room, that ma is • contain a sink, refrigerator, dishwasher, microwave oven, hot plate, wet bar or similar facility but expressly not a stove, cook top, or oven, within an accommodation unit or dwelling unit that is intended for the storage, preparation and serving of food or drink. Stub outs for natural gas, propane or 220-V electric hook-ups are not considered customarily incidental to an efficiency kitchen. Section 4. Amendment. Section 17.08.400, Chapter 20 of Title 17, Avon Municipal Code, is amended as follows: ui all f (1) Runningwatef and sink; (2) A means of eeaking-.,-fl+d (3) A of ig atn • Exhibit "A" to Resolution 05-11 "Kitchen. Kitchen means a room or portion of a room devoted to the preparation or cooking of food for a person or a family living independently of and family which contains a sink and a stove cook top or oven powered by either natural gas, propane or electric hook-up. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 13th day of September, 2005, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 13th day of September, 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 • ct TOWN OF AVON, COLORAOD ORDINANCE NO. 05-11 SERIES OF 2005 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO THE DEFINITION OF USE, ACCOMMODATION UNIT, KITCHEN AND ADDING A DEFINITION FOR EFFICIENCY KITCHEN. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 17.08.820, Chapter 20 of Title 17, Avon Municipal Code, is as follows: "Use. Use means the purpose for which land or a building is designated, arranged, or intended, or for which it either is or may be occupied or maintained. Uses not expressly allowed in this chapter as an "allowed use" are expressly prohibited, unless otherwise approved." Section 2. Amendment. Section 17.08.050, Chapter 20 of Title 17, Avon Municipal Code, is as follows: "Accommodation Unit. Accommodation unit means any room or group of rooms without tehen,, used primarily as " bedr-e^m for transient lodging, and accessible from common corridors, walks or balconies without passing through another accommodation unit and shall be no larger than 600 square feet. Of dwelling unit. An accommodation unit matey include an efficiency kitchen. Each accommodation unit shall be counted as one-third (1/3) of a dwelling unit for purposes of calculation allowable units per acre except as set forth in Section 17.08.270. Section 3. Amendment. Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended by addition of a new definition as follows: "Efficiency Kitchen. Efficiency kitchen means a portion of a room. that ma contain a sink, refrigerator, dishwasher, microwave oven, cook top, wet bar or similar facility but expressly not a stove or oven, within an accommodation unit or dwelling. Stub outs for natural gas, propane or 220-V electric hook-uas are not Section 4. Amendment. Section 17.08.400, Chapter 20 of Title 17, Avon Municipal Code, is amended as follows: followingL (1) R i t d i k umi ag wa ef an s n ; (2) A means of eooking; a nd (3) °f : ° ate "Kitchen. Kitchen means a room or portion of a room devoted to the preparation or cooking of food for a person or a family lg independently of another family which contains a sink and a stove, cook top, or oven powered by either natural gas, propane or 220-V electric hook-up. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 13th day of September, 2005, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 26th day of September, 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 Ordinance No. 05-11 AMC 17 Page 2 of 2