TC Ord. No. 2010-14 Amending the Avon Muni Code By enacting Title 7 Dev Code & repealing Title 16; subdiv repealing title 17 zoning;repealing portions of title 2 admin & personnelTOWN OF AVON, COLORADO
ORDINANCE NO. 10 -14
SERIES OF 2010
AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY
ENACTING TITLE 7: THE AVON DEVELOPMENT CODE;
REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE 17:
ZONING; AND, REPEALING PORTIONS OF TITLE 2:
ADMINISTRATION AND PERSONNEL
WHEREAS, the authority for the Town of Avon ( "Town') to adopt regulations concerning the
use, subdivision and development of real property is provided by Article XX of the Colorado
Constitution and the Town of Avon home rule charter; Article 65.1 Areas and Activities of State
and Local Interest, Article 65.5 Notification of Surface Development, Article 67 Planned Unit
Development Act of 1972, and Article 68 Vested Property Rights of Title 24, Colorado Revised
Statutes; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised
Statutes; and Article 12 Annexation — Consolidation — Disconnection, Article 15 Exercise of
Municipal Powers, Article 16 Ordinances — Penalties, Article 20 Taxation and Finance, Article
23 Planning and Zoning, and Article 25 Public Improvements of Title 31, Colorado Revised
Statutes; and other applicable state and federal laws and regulation; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Planning and Zoning Commission held public
hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public
comments received and testimony and materials provided by Town Staff provided a
recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and
provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and
17.28.090 of the Avon Municipal Code; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Town Council held public hearings on July 27,
2010; August 10, 2010; August 17, 2010; August 24, 2010; August 31, 2010; September 28,
2010; October 12, 2010; and October 26, 2010, and considered all public comments received and
all testimony and materials provided by Town Staff prior to making a decision; and
WHEREAS, the Town Council finds that the adoption of the Avon Development Code will
implement the Avon Comprehensive Plan, including all related plans and amendments thereto,
and will thereby promote the health, safety and general welfare of the Avon community; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on first reading does not constitute
Ord 10-14 Adopting Avon Development Code 11 -09 -10 ejh
Page 1 of 4
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Repealed. The following portions of the Avon Municipal Code are hereby repealed
in their entirety: Chapter 2.16 Planning and Zoning Commission; Chapter 2.20 Board of
Building Appeals; Title 16: Subdivisions and Title 17: Zoning.
Section 3. Enacted. Title 7: Avon Development Code, attached to this Ordinance as Exhibit
A is hereby enacted.
Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The
Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5. Severability. If any provision of this Ordinance, or the application of such provision
to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh
Page 2 of 4
Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[signature page follows]
Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh
Page 3 of 4
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for October 26,
2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on October 12, 2010.
IA0F "0
ri Sipes, Mayor Pro -Tem
Published b osn 1 ee public places in Town and posting at the office of the Town
Clerk at least von days prioi t al action by the Town Council.
ORA`J� �_
ATTEST: APPROVED AS TO FORM:
PaYN,lv enny, Town Eric He ',Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on November 9, 2010.
Cj�_i L Ronald C. Wolfe, M ayor
Published y-tit 'in at least three public places in Town and posting by title at the
office of t
Ord 10-14 Adopting Avon Development Code 11 -09 -10 ejh
Page 4 of 4
HEIL LAW
& PLANNING, LLC
•
MEMORANDUM
TO: Honorable Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: November 4, 2010
SUBJECT: 2 "d and Final Reading of Ord. No. 10 -14 Adopting the Avon
Development Code
Summary: Town Council provided direction on a number of revisions to the Avon
Development Code at the last Town Council meeting. The revisions are been re- printed
in comparison form to the code sections which they are amending for your convenience.
The Avon Town Council closed the public hearing on October 26, 2010 and did not take
any action to continue the public hearing to the November 9, 2010 Town Council
meeting. Therefore, if the Town Council desired to consider and accept more public
comments, technically the Town should re- notice a public hearing before the Town
Council.
• Proposed Motion: "I move to approve Ordinance No. 10 -14 AN ORDINANCE
AMENDING THE AVON MUNICIPAL CODE BY ENACTING TITLE 7: THE AVON
DEVELOPMENT CODE; REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE
17: ZONING; AND, REPEALING PORTIONS OF TITLE 2: ADMINISTRATION AND
PERSONNEL on second and final reading with the revisions listed in Eric Heil's
memorandum dated November 4, 2010."
Revisions: The proposed revisions are attached to this memorandum as Appendix A
to Eric Heil Memorandum, dated November 4, 2010 Revisions to Avon
Development Code.
Thanks, Eric
Heil law & Planning, LLC Eric Heil, Esq., A,I.C.P.
2696 S. Colorado Blvd., Suite 550 Tel: 303.975.6120
Denver, CO 80222 ericheillow@gmail.com
Appendix A to Eric Heil Memorandum, dated November 4, 2010
Revisions to Avon Development Code •
Page 1 of 5
Section 7.08 (Page 23)
Basement means that � tnaeti•-
mnruica- yr -il�sraccare- FfFli2f2h2- flee fco eeiling height - c3��rr�cf
0
more than four- (4) feet above the pro existing gr-ade. These areas beneath a basement
shall be designated subbas°ments.the definition of Basement as set forth in the most
recent version of the International Building Code adopted by the Town.
Section 7.16.060 (Page 61 -62)
(a) Eligibility Criteria: All of the following criteria must be met for a property to
be eligible to apply for PUD approval.
(1) Property Eligible. All properties within the Town of Avon are eligible to
apply for PUD approval.
(2) Consistency with Comprehensive Plan. The proposed development shall
be consistent with the Avon Comprehensive Plan.
(3) Consistent with PUD Intent. The proposed development shall be •
consistent with the intent and spirit of the PUD purpose statement in §7.16.060(a).
(4) Compatibility with Existing Uses. The proposed development shall not
impede the continued use or development of surrounding properties for uses that are
permitted in the Development Code or planned for in the Avon Comprehensive Plan.
(5)Unified COR401. The eatir-e
single owner-ship of: tmified
area the development be
of proposed shall unde
that there is having
eentral,
responsibility for- reA eting the entire
stieh a single entity
pr-ejeet. Th s 11 + prohibit
transfer- of owner-ship or- eeatFel,
that a unified owner-ship r-etn *
pr-evided
(6)jfLPublic Benefit. A recognizable and material benefit will be realized by
both the future residents and the Town as a whole through the establishment of a
PUD, where such benefit would otherwise be infeasible or unlikely.
{73J�LPreservation of Site Features. Long -term conservation of natural,
historical, architectural, or other significant features or open space will be achieved,
where such features would otherwise be destroyed or degraded by development as
permitted by the underlying zoning district.
(8)JZLSufficient Land Area for Proposed Uses. Sufficient land area has been
provided to comply with all applicable regulations of the Development Code, to is
Appendix A to Eric Heil Memorandum, dated November 4, 2010
is Revisions to Avon Development Code
Page 2 of 5
•
•
adequately serve the needs of all permitted uses in the PUD projects, and to ensure
compatibility between uses and the surrounding neighborhood.
Section 7.20.100 (Page 96 -97)
7.20.010 Employee Housing Mitigation.
(a) When applicable, employee housing mitigation shall be provided in accordance
with these standards:
(1) To determine the number of employee housing units that must be provided,
the following formula shall be used:
Commercial
Factor
Calculation
Size of Development
Leasable Square Feet
Jobs generated
2.8 per 1,000 SF
Rate x SF /1,000
Employees generated
1.2 jobs per employee
Jobs generated / 1.2
Households generated
1.8 employees per unit
Employees generated / 1.8
Units required
°
10 /o mitigation
Households generated x
10%
Lodging and Property Management
Size of development
# of Rooms or # of Units
Jobs generated
Lodge/Hotel — 0.8/Room;
Prop. Management —
0.4/Unit
# of rooms x 0.8
# of units x 0.4
Employees generated
1.2 jobs per employee
Jobs generated / 1.2
Households generated
1.8 employees per unit
Employees generated / 1.8
Units required
10% mitigation
Households generated x
10%
Note: The required employee housing mitigation shall be rounded to the nearest whole
number
Appendix A to Eric Heil Memorandum, dated November 4, 2010
Revisions to Avon Development Code •
Page 3 of 5
(2) Employee housing units shall be located on -site. The applicant may propose
alternatives to on -site employee housing mitigation in accordance with the alternative
equivalent compliance process set forth in §7.16.120. When considering proposals
for off -site employee housing, preference shall be given to locations closer to the
applicant's property, locations in the Town of Avon, and locations which are served
by mass transit.
(3) Employee housing units shall be owned by the owner of the commercial
space for which the employee housing units serve and shall be used exclusively by
employees of such commercial space; or, employee housing units shall be offered for
sale subject to a deed restriction that restricts the appreciation of price and which
restricts eligible buyers and renters in accordance with the form of price controlled
housing deed restriction adopted by the Town of Avon. Applicants may voluntarily
propose to meet the employee housing units with rent controlled units through the
alternative equivalent compliance process.
4) Employee housing mitigation shall be satisfied by Drovidina one
residential studio unit, one (1) bedroom in a residential unit or any combination
thereof, for each required employee housing unit of mitigation The minimum size
for a studio unit shall be five hundred (500) square feet and the minimum size for a •
one (1) bedroom residential unit shall be seven hundred and fifty (750) square feet
Section 7.28.030(d)(9)(iii) (Page 130)
(iii) The driveway shall be oriented perpendicular (not to exceed an 11
degree deflection) to the roadway for the first twenty (20) feet measured from the
edge of asphalt of the adjoining street. The driveway shall be oriented between
forty-five (45) and one - hundred and thirty -five (135) degrees crossing through
any remaining ROW and snow storage easement. Centerline tangent points shall
be used for determining access orientation on curves.
Section 7.28.050(h)(1)(iii) (Page 142)
(iii) All native landscaping, dead @r a4ve, shall be kept in its native state
unless the Dir- eta its al
Section 7.28.090(a)(9) (Page 150)
(8) To ensure that the architectural design of structures and their materials and
colors are compatible with the Town's overall appearance, surrounding development,
natural and existing landforms, and the officially approved development plans, if any,
for the areas in which the structures are proposed to be located.
•
Appendix A to Eric Heil Memorandum, dated November 4, 2010
• Revisions to Avon Development Code
Page 4 of 5
Section 7.28.090(c)(2)(v) (Page 151)
(v) Buildings shall be oriented to optimize solar access and -e* pest
e .
Section 7.28.090(d)(4) (Page 153)
(4) Materials and Colors. The eentfastbetweeibuldings and the
earir-enment- shall - be fniainized —A building's color and materials shall complement
and blend with the predominant colors and values of the surrounding natural
environment.
Section 7.28.0900)(4)(vii)(D) (Page 163)
(D) The primary access to Retail retail spaces on Benchmark Road, Main
Street, and W. Beaver Creek Boulevard; shall be aeeessed dir-eed -)4-from the
sidewalk, .
• Section 7.28.0900)(4)(vii)(H) (Page 163)
(H) Public doors and entryways shall be a combination of glass and
metal or wood, or solid wood. All ..lass o all metal doors are prohibited.
Section 7.28.0900)(4)(viii)(B) (Page 164)
(B) Masonry and stone veneer. Masonry and stone veneer walls
should be detailed as masonry bearing walls, especially at corners and
windows and door openings . --Bnek and out stone- should
- -- - - -- --- -- -- - -L, -- — ...r r_.v .. ua...s,
or- towers. Roughly squared stene set in
— ... V. Vaaavi.aV JMVLl — V1111 —WTO
a r-andem pattem is preferable to
ffi-ifflr-e f-offmal uses of stone. in lar-gewalls,
be larger-
at the bettein diminishing to
stone shall set with stene
stones at the +
g.,,.1ly smaller-
Section 7.28.0900)(4)(ix)(H)(1)
(1) Wind aws--Openings shall be speei€eally designed to contribute
to the image and form of new buildings.
• Section 7.28.0900)(4)(ix)(H)(3)
Appendix A to Eric Heil Memorandum, dated November 4, 2010
Revisions to Avon Development Code •
Page 5 of 5
(3) Upper floors shall be differentiated through the use of more solid
areas then voids and with smaller vertically oriented windows in a regular
pattern. Windows should eeuri i�e twenty five to fifty o ent (25 500; )
of upper- f ades visible f rOS publie. rights ofway d - reflect a
rhythm, scale and proportion compatible with the overall building design.
•
•
• TOWN OF AVON, COLORADO
ORDINANCE NO. 10 -14
SERIES OF 2010
AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY
ENACTING TITLE 7: THE AVON DEVELOPMENT CODE;
REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE 17:
ZONING; AND, REPEALING PORTIONS OF TITLE 2:
ADMINISTRATION AND PERSONNEL
WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the
use, subdivision and development of real property is provided by Article XX of the Colorado
Constitution and the Town of Avon home rule charter; Article 65.1 Areas and Activities of State
and Local Interest, Article 65.5 Notification of Surface Development, Article 67 Planned Unit
Development Act of 1972, and Article 68 Vested Property Rights of Title 24, Colorado Revised
Statutes; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised
Statutes; and Article 12 Annexation — Consolidation — Disconnection, Article 15 Exercise of
Municipal Powers, Article 16 Ordinances — Penalties, Article 20 Taxation and Finance, Article
23 Planning and Zoning, and Article 25 Public Improvements of Title 31, Colorado Revised
Statutes; and other applicable state and federal laws and regulation; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
• Code and after providing proper notice, the Avon Planning and Zoning Commission held public
hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public
comments received and testimony and materials provided by Town Staff provided a
recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and
provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and
17.28.090 of the Avon Municipal Code; and
•
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Town Council held public hearings on July 27,
2010; August 10, 2010; August 17, 2010; August 24, 2010; August 31, 2010; September 28,
2010; October 12, 2010; and October 26, 2010, and considered all public comments received and
all testimony and materials provided by Town Staff prior to making a decision; and
WHEREAS, the Town Council finds that the adoption of the Avon Development Code will
implement the Avon Comprehensive Plan, including all related plans and amendments thereto,
and will thereby promote the health, safety and general welfare of the Avon community; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on first reading does not constitute
Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh
Page 1 of 4
a representation that the Town Council, or any member of the Town Council, supports, approves, •
rejects, or denies this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Repealed. The following portions of the Avon Municipal Code are hereby repealed
in their entirety: Chapter 2.16 Planning and Zoning Commission; Chapter 2.20 Board of
Building Appeals; Title 16: Subdivisions and Title 17: Zoning.
Section 3. Enacted. Title 7: Avon Development Code, attached to this Ordinance as Exhibit
A is hereby enacted.
Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The
Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors. •
Section 5. Severability. If any provision of this Ordinance, or the application of such provision
to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safetv Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
is
Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh
Page 2 of 4
• Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
•
•
Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[signature page follows]
Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh
Page 3 of 4
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED •
AND REFERRED TO PUBLIC HEARING and setting such public hearing for October 26,
2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on October 12, 2010.
Brian Sipes, Mayor Pro -Tem
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on November 9, 2010.
•
Ronald C. Wolfe, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
U
Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh
Page 4 of 4
TOWN OF AVON, COLORADO
ORDINANCE NO. 10 -14
SERIES OF 2010
AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY
ENACTING TITLE 7: THE AVON DEVELOPMENT CODE;
REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE 17:
ZONING; AND, REPEALING PORTIONS OF TITLE 2:
ADMINISTRATION AND PERSONNEL
WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the
use, subdivision and development of real property is provided by Article XX of the Colorado
Constitution and the Town of Avon home rule charter; Article 65.1 Areas and Activities of State
and Local Interest, Article 65.5 Notification of Surface Development, Article 67 Planned Unit
Development Act of 1972, and Article 68 Vested Property Rights of Title 24, Colorado Revised
Statutes; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised
Statutes; and Article 12 Annexation — Consolidation — Disconnection, Article 15 Exercise of
Municipal Powers, Article 16 Ordinances — Penalties, Article 20 Taxation and Finance, Article
23 Planning and Zoning, and Article 25 Public Improvements of Title 31, Colorado Revised
Statutes; and other applicable state and federal laws and regulation; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Planning and Zoning Commission held public
hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public
comments received and testimony and materials provided by Town Staff provided a
recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and
provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and
17.28.090 of the Avon Municipal Code; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Town Council held public hearings on July 27,
2010; August 10, 2010; August 17, 2010; August 24, 2010; August 31, 2010; September 28,
2010; October 12, 2010; and October 26, 2010, and considered all public comments received and
all testimony and materials provided by Town Staff prior to making a decision; and
WHEREAS, the Town Council finds that the adoption of the Avon Development Code will
implement the Avon Comprehensive Plan, including all related plans and amendments thereto,
and will thereby promote the health, safety and general welfare of the Avon community; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on first reading does not constitute
Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh
Page 1 of 4
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Repealed. The following portions of the Avon Municipal Code are hereby repealed
in their entirety: Chapter 2.16 Planning and Zoning Commission; Chapter 2.20 Board of
Building Appeals; Title 16: Subdivisions and Title 17: Zoning.
Section 3. Enacted. Title 7: Avon Development Code, attached to this Ordinance as Exhibit
A is hereby enacted.
Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The
Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5. Severability. If any provision of this Ordinance, or the application of such provision
to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh
Page 2 of 4
Section S. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[signature page follows]
Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh
Page 3 of 4
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for October 26,
2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on October 12, 2010.
10 N OF q�0�
rim Sipes, Mayor Pro - I
Published b osi in Xin`ait l �t t ee public places in Town and posting at the office of the Town
Clerk at least even days prior t anal action by the Town Council.
�OLORA�O
ATTEST: APPROVED AS TO FORM:
Nttf M envy, Town r Eric Hei , Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on November 9, 2010.
N OF A��N
S E A L * Ronald C. Wolfe, Mayor
Published posting by•litle in at least three public places in Town and posting by title at the
office of theft! Ql; @lk
Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh
Page 4 of 4
0 Memorandum
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
From: Sally Vecchio, Asst. Town Manager — Community Development
Date: July 23, 2010
Re: Public Hearing to Consider Ordinance 10 -14 Amending the Avon Municipal
Code by Enacting Title 7: The Avon Development Code, Repealing Title 16:
Subdivisions, Repealing Title 17: Zoning, and Repealing Portions of Title 2:
Administration and Personnel.
Summary
This is the first reading by the Avon Town Council of Ordinance 10 -14, enacted the Avon
Development Code and repealing Title 16 (Subdivision), Title 17 (Zoning) as well as related
sections of Title 2 (Administration & Personnel), Title 5 (Building and Construction) and Title 8
(Health and Safety) of the Avon Municipal Code. Ordinance 10 -14 is attached as Exhibit G.
On July 6, 2010 the Planning and Zoning Commission (PZC) approved Resolution 10 -03
(Exhibit A) recommending adoption of the Avon Development Code with conditions. At its July
201h meeting, the PZC approved a motion requesting that Town Council consider an emergency
ordinance repealing Sec 17.28.090 AMC, Temporary Suspension of Building Permits.
• The proposed Avon Development Code, with the changes recommended by the PZC on July 6,
2010, is attached as Exhibit B. A chapter -by- chapter summary of the proposed revisions in the
new Code is attached as Exhibit C. The minutes of the July 6 and July 20, 2010 PZC
meetings are attached as Exhibit D. Written public comments received by the Community
Development before 5:00 pm on July 22, 2010 are attached as Exhibit E. Written comments
received after this time will be provided to Council at the meeting.
This memorandum will address the proposed Avon Development Code. The issues related to
the PZC motion requesting Council repeal of Sec 17.28.090 AMC has been addressed by the
Town Attorney in a separate memorandum to Council and will be discussed as a separate
matter.
Background
The Avon Development Code is the result of a nearly 2 year public process that began in
August, 2008 when the Town retained the services of Clarion and Associates, a Denver -based
planning consultant firm, to prepare a unified land use code that integrated the town's
subdivision regulations and procedures with the zoning regulations and procedures.
Following the project's inception, the Council appointed a community -based Zoning Advisory
Committee (ZAC) to guide and oversee the project. The 15- member committee represented a
diverse group of volunteers drawn from the development and construction industries, various
business sectors, and the town's political leadership.
• The process of drafting the Avon Development Code included four phases:
Phase 1: Project Analysis
The project kicked off in September 2008 with a series of interviews and meetings with •
key stakeholders, Town staff, Town Council and PZC members, to identify the key
issues with the current regulations that the new code should address.
Phase 2: Diagnosis
Based on the issues identified during the Phase 1 analysis, the Clarion team completed
a diagnosis and assessment of the current regulations (Diagnosis and Annotated
Outline, Jan 2009). The Diagnosis provided a general overview of the strengths,
weaknesses and challenges in the current zoning and subdivision regulations and
recommended actions for creating a new unified land development code.
Eight key "themes" or major issues emerged from the first two phases of the project:
1. Improve Formatting & Organization
2. Improve Content & Timing of Submissions
3. Identify Baseline Development Standards
4. Address Sustainability of the Built Environment
5. Improve the Public Benefits Process
6. Modernize the PUD Process
7. Create Appropriate Zone District Regulations
8. Enhance the Usability of Subdivision Regulations
Phase 3: Drafting
The Clarion team prepared an initial draft of the new Code based on the
recommendations and goals identified in Phase 2. The ZAC reviewed early drafts of the
new Code in 2009 and during the first three months of 2010. Clarion completed its work •
on the first draft of the new Code in March, 2010 which was followed by eight work
sessions with the Town Council and PZC for final policy direction in April and May. The
public hearing draft of the Avon Development Code was published on May 28, 2010.
Council received a copy of that document at its June 8, 2010 meeting.
Phase 4: Public Review
The PZC completed its review of the proposed Code on July 6, 2010 and made a
recommendation to the Town Council to adopt the proposed Code with conditions. The
final draft of the Code, as recommended by the PZC has been prepared for Council
consideration. The Town Council will consider the recommendation from the PZC along
with public comments before considering adoption of the Code.
Key Objectives of the Code Revisions
Through a series of research efforts and interviews with stakeholders during the initial diagnosis
phase of this project, the revisions to the zoning and subdivision regulations focused on three
key objectives:
1. To raise the standards for development as directed in the Avon Comprehensive Plan.
2. To introduce more efficiency, predictability, and transparency into the development
review process, and
3. To update, modernize and improve the usability of the regulations.
The proposed Avon Development Code has addressed those objectives as follows:
•
Daises the standards for development as directed in the Avon Comprehensive Plan. The
• Avon Comprehensive Plan has established a clear long -term vision and policies to guide future
growth and create community quality in the town. The Plan also includes a range of regulatory
changes that are needed to realize Avon's vision. Notable among these are the inclusion of a
floor area ratio (FAR) measurement to break up building bulk in the Town Center, and a wider
range and mix of uses throughout the town. In addition, the Plan identifies a range of topics and
issues that are not addressed in the current regulations including sustainability- related concerns
such as erosion control, water quality and energy efficiency.
• The proposed Code includes baseline development standards (Chapter 7.28) that
elaborate on the concepts and requirements established in the Comprehensive Plan and
other Town policy documents including:
a. Land uses interconnected with pedestrian, bike and automobile circulation links
(Mobility /Connectivity Sec. 7.28.040).
b. Development that protects and accommodates natural resources, including
floodplains, steep slopes, streams, wetlands, water quality, and geologic hazard
areas (Natural Resources, Sec. 7.28.100).
c. Architectural design, materials, and colors compatible with the town's physical
setting and natural and existing landforms (Design Standards, Sec. 7.28.060).
d. A Floor Area Ratio (FAR) measurement for commercial zone districts (Sec.
7.20.070 -080), and a bonus development provision that is permitted in all
commercial districts and replaces the public benefit requirement in the existing PUD
process( Bonus Development, Sec. 7.20.100).
• e. An Alternative Compliance Provision that allows an applicant the flexibility to modify
certain development standards in order to accommodate individuality, creativity, and
artistic expression in development and architecture (Alternative Equivalent
Compliance, Sec. 7.16.120).
f. A number of new regulations have also been added to the Code, which promote
sustainable development standards. Table 1 provides a summary of the sustainable
aspects of the new Code.
Introduces more efficiency, predictability, and transparency into the development review
process. A prevalent concern with the current code is the inadequate requirements of the
application process. The current provisions do not provide adequate guidance on the timing and
content of required submittals, nor direction for how such materials will be evaluated. In the
past, developers have been reluctant to pay for additional studies and reports early in the
process before the Council has given its indication of support. On the other hand, town staff
has been frustrated with its inability to require information in a consistent format that can be
easily evaluated for recommendations to PZC and Council. The consequences of this tension
have been delayed or insufficient submittals and diminished quality of the town review.
• The Development Review Procedures (Chapter 7.16) consolidates all of the regulations
related to all of the procedures for development and subdivision applications. This
Chapter clarifies the roles of the review and decision - making bodies; describes the
review procedures for all development applications in a series of sequential steps, and
includes specific review criteria for each type of application. New provisions in this
• Chapter also include:
a. A pre - application requirement for all applications, to provide early guidance for
applicants. •
b. Minimum submittal requirements for applications , and
c. The timing and content of required reports, such as traffic studies and storm
drainage.
Updates, modernizes and improves the usability of the regulations. The town's basic zone
districts have not been updated over time and do not provide a comprehensive overall system
for guiding preferred development patterns and incorporating design- oriented regulations where
appropriate. In addition, the usability of the current code has been hampered by its
organization and format. Basic regulations pertaining to issues such as parking, landscape,
signs and accessory uses are scattered across multiple sections or chapters of the current
code. In addition, many terms and definitions are outdated, contradictory or redundant.
The new Development Standards (Chapter 7.28) incorporate design- oriented
regulations that are intended to create a unified and cohesive physical framework and
community image in the Town with compatible building orientation, scale, mass, siting,
and street alignments. The new standards guide preferred development patterns by
requiring sensitive to the building form (Design Standards, Sec 7.28.060), its location
and relationship to the street and other buildings (Design Standards Sec 7.28.060), the
location of parking (Parking, Sec. 7.28.020) and convenient pedestrian access (Mobility
and Connectivity, Sec. 7.28.040).
• The Engineering Improvement Standards have replaced the subdivision standards in the
existing Code and are designed to work with the zoning regulations to create a
comprehensive land development review process. The new subdivision regulations •
include:
a. updated street design requirements
b. subdivision layout requirements
c. standards for dedication of parks and open space
d. specifications for storm water management practices
e. integration of the natural environment and requirements for utilities and public
facilities.
• The new Code improves on the organization of the current code by consolidating and
integrating the subdivision regulations and procedures with the zoning regulations and
procedures. For example, all development procedures are found in Chapter 7.16, all
parking standards are found in Sec. 7.28.020 and all definitions are found in Chapter
7.08.
PZC Review and Recommendation to Town Council
PZC reviewed the draft Code at its meetings on June 15 and July 6, 2010, and after considering
written and public testimony, approved Res. 10-03 recommending to the Town Council to adopt
the new Code with the following recommendations:
1. Include a diagram to illustrate the building height requirement in the Design Standards. The
height measurement should also include any retaining walls that are part of the base
foundation of a structure.
1M.
® Staff Response: A diagram illustrating the 45 ft building height requirement has been
added to Design Standards for Wildridge Single Family and Duplex Unit (Sec.7.28.060).
A statement has also been included in the design standards requiring foundation - related
retain walls to be included in the 45 ft height measurement. The maximum height of
retaining walls is also addressed in Sec 7.28.050(c).
2. The PZC believes there is a public benefit related to limiting the maximum length of a duplex
structure's street elevation in Wildridge.
Staff Response: After researching a sample of duplex structures constructed in
Wildridge over the past 10 years, the following finding were made:
a. Duplex units' are almost always oriented in a side -by -side fashion along the
street in order to maximize views and reduce the need to step the building
foundation with the slope of the lot.
b. Front elevations range from approximately 80' to 165' in length.
c. The Planning Commission and Council have generally responded negatively
to duplex structures that exceeded 125' in length.
Limiting the overall length of a duplex structure to 125 ft will help minimize the
massiveness of buildings located on prominent ridgelines and along the street fronts.
Lots will have to be contour graded and buildings will have to more closely follow the
grade of the lot, which is the preferred approach for developing on steep slopes. A new
standard has been added to Sec. 7.28.090(e) Single- family and Duplex Standards for
the Wildridge Subdivision, limiting the length of any elevation of a duplex structure to 125
ft.
• 3. Revised the parking requirement for outdoor seating areas to exempt the first 25% of the
seating area from the parking requirements.
Staff Response: Table 7.28 -2 Parking Requirements has been revised for Food and
Beverage Services to exempt the first 25% of the outdoor seating area from the parking
requirements.
4. Revise the parking requirement for group homes to ensure sufficient employee and guest
parking.
Staff Response: Table 7.28 -2 parking requirement for Group Homes has been revised
to require one parking space per four beds, plus one parking space per employee.
5. Replace the terms: "solar arrays" and "solar collection systems" with: "ground- mounted solar
devices" and "building- mounted solar devices ".
Staff Response: Alternative Energy Standards (Sec 7.28.100(g)) have been added to
the new Code to establish standards for alternative energy generating systems so that
they may be allowed if found to be compatible in appropriate locations in the Town. The
regulations define a Solar Collection System as being a roof - mounted or wall- mounted
system, and a Solar Array as free - standing, ground- mounted solar collection system.
PZC did not believe that Solar Array and Solar Collection System as defined in the Code
was helpful to understanding the differences between the systems, and therefore
recommended that the terms be replaced with "Ground Mounted Solar Devises" and
• "Building Mounted Solar Devises."
N
6. Under the definition of Caretaker Unit change the term "cooking facilities" to "kitchen
facilities ". •
Staff Response: A Caretaker Unit is ancillary and attached to the primary dwelling unit
as an apartment which may or may not have full cooking facilities in the unit. The term
"kitchen facilities" replaced "cooking facilities" for continuity with other sections of the
Code.
7. Remove landscape points for lawn grass and add points for xeriscaping. Table 7.28 -7,
Landscape Units Awarded.
Staff Response: PZC felt that awarding landscape points for lawn grass was
inconsistent with the Town's goal of promoting sustainable development, and
recommended that the points be awarded for xeriscaping instead. Table 7.28 -7 has
been revised accordingly.
8. Clarify that the purpose of requiring parking lot landscape strips is to help separate
pedestrian and vehicle traffic in parking lots. Sec 7.28.050(A)(iv)(D)(2).
Staff Response: Landscaping strips in parking lots are used to help reduce the solar
impact from the asphalt, create areas for storm water drainage, and provide safe,
walkways for pedestrians. An intent statement has been added to this regulation.
9. Add a cross reference to the Mobility and Connectivity regulations (Sec. 7.28.040) in the
Town Center District Parking Lot Landscaping Regulations Sec 7.28.050(A)(iv)(F).
Staff Response: The need to cross reference the mobility /connectivity regulations in
this section is unnecessary. Both regulations are a part of the Development Standards
found in Chapter 7.28. All new construction is required to comply with all of the •
Developments Standards.
10. Add a requirement that straw bale (or equivalent) be installed inside the protective fencing
required around the drip line of each tree or tree group during construction.
Staff Response: The requirement has been added to Sec. 7.28.050(a)(4)(i)(D)(3)(I),
Protective Fencing During Construction.
11. Establish a maximum timeframe for temporary irrigation (Sec. 7.28.050(a)(4)(iv)(E)).
Staff Response: The following timeframe has been included for temporary irrigation:
one (1) year for ground cover, two (2) years for shrubs, or three (3) years for trees.
12. Include architectural features as appropriate methods of screening (Sec. 7.28.050(b)).
Staff Response: Screening requirements have been added to the Code to ensure that
certain site features are screened from public view or adjacent properties. Architectural
features such as a roof parapet can be used to screen site features, provided they meet
the standards of the subsection. This section has been revised to include architectural
features as a permissible screening method.
13. Strike the "reserved" section for Green Building techniques in the Bonus Development
Regulations (Sec 7.20.100(d)(3)).
Staff Response: The bonus development regulations originally included development
and density awards for green building techniques. During the April and May work
sessions with the Council and PZC, it was determined by both bodies that green building •
C-
techniques may want to be incorporated as requirements and not as options for
• development bonus; and the subject should be reviewed as a separate matter after the
Green Building Energy Code is ready for public review. This section has been removed.
14. Does the Wildridge PUD limit the height of wind energy systems in the subdivision?
Staff Response: According to the Wildridge PUD development regulations no structure
located on any other lot shall exceed three stories or thirty -five feet in height measured
from the natural grade at the midpoint of the structure. Because the height limitation
includes all structures, a wind energy devise would also be limited to this height
restriction.
15. Include the Capital Improvement Program (CIP) in Development Bonus Enhancements Sec
7.20.100(d)(1)(iii)).
Staff Response: This provision of the Development Bonus Requirements sets the
criteria for evaluating public benefits related to development bonuses. The PZC wanted
to include the CIP in the list of policy documents that would be used to determine the
appropriateness of a proposed public benefit. This section has been revised
accordingly.
Remaining Code Modifications
1. It was brought to the attention of the staff by the certain Council members at the July 13,
meeting, that the Code section concerning steep slopes (Sec 7.28.100(a)(2)) did not include an
Applicability section concerning lots platted prior to adoption of the new Code.
• The Code had always contemplated that certain administrative modifications or waivers of the
steep slope and access driveway provisions would be available to lots platted prior to the
effective date of the new Code.
The following Applicability language is therefore recommended for Sec 7.28.100 Applicability [re
Access Driver Requirements] and 7.28.030(b) Applicability [re Steep Slopes]. The decision of
the Director could then be appealed to per Section 7.16.160.
"The provisions of this section are applicable to all development. The Director may
modify or waive the provisions in this section for lots which were platted prior to the
Effective Date of this Code where strict compliance with the provisions in this section is
not practical or feasible considering the physical characteristics of the lot. When
modifying or waiving any provision in this section, the Director may require avoidance or
mitigation to minimize the risk of property damage or injury to the lot, improvements on
the lot, and adjacent or nearby affected properties, public facilities and infrastructure:
2. While the proposed Avon Development Code stands as a complete package for the Town
Council's consideration, there are additional revisions that staff expects to recommend for the
purposes of clarifying certain provision, prior to the Council's consideration of the Code for final
adoption. These revisions will be prepared as a compendium to the draft Code and presented at
the next Council meeting.
•
Recommended Action:
For the reasons described in this memorandum, Staff believes that the Code has adequately •
addressed the objectives of the Code revision project and has provided sufficient opportunity for
public review and comment.
Staff therefore recommends that Council approve Ordinance 10 -14 on its first reading.
Town Manager Comments:
•
•
• List of Exhibits
A — PZC Resolution 10 -03
B — Avon Development Code, as Recommended by PZC
C — Chapter by Chapter summary of Avon Development Code
D — July 6th, 2010 & July 20th, 2010 PZC Meeting Minutes
E — Written Public Comments received before 5pm on July 22 "d, 2010
F — Memorandum from Eric Heil, dated July 22 "d, 2010
G — Ordinance 10 -14, Amending AMC by Enacting Title 7: Avon Development
Code
is
•
6
Exhibit A
is
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 10-03
A RESOLUTION RECOMMENDING APPROVAL OF AVON DEVELOPMENT CODE,
REPEALING AND RE- ENACTING TITLE 16: SUBDIVISIONS, AND TITLE 17:
ZONING; AMENDING PORTIONS OF TITLE 2: ADMINISTRATION & PERSONELL,
AND TITLE 15: BUILDING, AVON MUNICIPAL CODE, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, the Planning & Zoning Commission is appointed by Town Council to review,
make recommendations, and guide and accomplish a coordinated, adjusted and harmonious
development of the municipality and its environs, and
WHEREAS, the Town's zoning code and subdivision regulations have not been
comprehensively amended or revised since they were first adopted by the Town in 1979; and
WHEREAS, the calls for a comprehensive amendment of the zoning code and subdivision
regulations are long standing and evidenced by the recommendations of the 2006 Avon
Comprehensive Plan and other planning documents; and
WHEREAS, in 2008, the Town Council appointed a Zoning Advisory Committee comprised of •
community representatives, including home builders, developers, planners, architects, and
elected and appointed officials; and
WHEREAS, the Town Council with the assistance of the Zoning Advisory Committee, zoning
consultants, and town staff conducted a through analysis of the current code, including
interviews with citizens and users of the code; and developed a strategic plan for revising the
regulations; and
WHEREAS, the Planning & Zoning Commission and Town Council held a series of eight
public workshops in April, May and June 2010 to review the initial draft of the Code; and
WHEREAS, a public hearing was held by the Planning & Zoning Commission on June 15 and
July 6, 2010, pursuant to notices required by law; and
WHEREAS, the Avon Development Code is consistent with purpose and intent of Title 17.28 of
the Avon Municipal Code regarding amendments to its zoning regulations.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the
Town of Avon, Colorado, hereby recommends approval of the Avon Development Code,
attached hereto as "Exhibit A ", citing the following findings:
1. The Avon Development Code is consistent with the 2006 Avon Comprehensive Plan,
The West Town Center Investment Plan; and The East Town Center Investment Plan; •
/O
Exhibit A
•
and the adoption of the Code is necessary and desirable to effectively implement the
policies and vision of these adopted plans.
2. The Avon Development Code is necessary to respond to changed or changing conditions
in the town and promotes the type of development patterns that have emerged since the
current code was first adopted.
3. The Avon Development Code will result in development that is compatible with existing
and surrounding areas or uses and can be served by adequate public facilities.
4. The Avon Development Code reflects contemporary zoning and planning practices,
which include decreasing automobile use, sustainability, and pedestrian oriented
development.
5. The Avon Development Code consolidates the zoning code and subdivision regulations
into a unified set of regulations that are efficiently organized and improves the usability
of the Code.
6. The Avon Development Code furthers the public health, safety and general welfare of the
greater Avon community, including its residents, businesses, and industries.
and subject to the following conditions:
1. Add a Building Height Diagram to illustrate appearance of height. The definition shall
include retaining walls that are part of the base foundation of a structure.
2. The PZC believes there is a public need for limiting the maximum length along a street of
• a duplex structure. Staff shall propose a maximum width to the Town Council.
3. The parking requirement for outdoor seating area be revised to exempt parking
requirements for the first 25% of the area.
4. Revise the parking requirement for group homes to require appropriate levels of parking.
5. The definition of solar arrays and solar collection systems should be revised to use the
terms, "ground mounted solar devices" and "building mounted solar devices ".
6 The definition of Caretaker Unit shall refer to kitchen facilities instead of cooking
facilities.
7. Section 7.28.050(ii)(A)(2) should be revised to ensure grammatical correctness.
8. Table 7.28 -7 be revised to eliminate points for lawn grass and add bonus for xerriscaping.
9. Clarify the intent of Section 7.28.050(A)(iv)(D)(1)(IV), the section concerning separation
of pedestrians in landscape strips and islands.
10. Add a cross reference within Town Center District Parking Lot Landscaping to Section
7.28.040.
11. Remove the phrase "for coniferous trees" from Section 7.28.050(a)(4)(i)(D)(1)(II)
12. Revise Section 7.28.050(a)(4)(i)(D)(3)(I) to add straw bale or equivalent requirement.
13. Revise Section 7.28.050(a)(4)(iv)(E) to establish maximum timeframe for temporary
irrigation.
• 14. Revise Section 7.28.050(b) to add language to provide for architectural features for
screening.
I/
Exhibit A
15. Strike reference to the section "Reserved" for Green Buildin •
g techniques.
16 Correct typo, "Court Dive" on page 147 of the redline strikethrough revision.
17. Research Wildridge PUD definition of building heights as it relates to the wind energy
systems.
18. Revise Section 7.20. 1 00(d)(1)(iii) to include the CIP.
ADOPTED THIS 6`h DAY OF JULY, 2010
Signed:
CoDate: T& w
Vice Chair, s reen
Attest:
Date:
Secretary, Phil Struve
•
•
rz
•
EXHIBIT B
AVON LAND DEVELOPMENT CODE
APPROVED BY:
AVON PLANNING & ZONING COMMISSION
ON JULY 612010
0
PRESENTED TO PUBLIC
ON JULY 23, 2010
0
/3
EXHIBIT C
The Avon Development Code
Summary of Proposed Revisions
•
•
C
The General Provisions Chapter replaces the Administrative Provisions of
the existing zoning code and includes standards for general applicability,
interpretations, fees, and non - conforming uses. Enforcement and penalty
regulations are new and include: (1) a responsibility section that describes
how enforcement takes place and what code violations might include; (2) a
General
Chapter 7.04
remedies and penalties section that provides greater detail about the
Provisions
options available to the Town for enforcement; and (3) a procedural section
for enforcement actions. Provisions related to requiring additional studies,
waiver of regulations and conceptual approvals have been moved to
Development Review Procedures. See Town Attorney Memo for additional
discussion on these provisions — Exhibit F.
Definitions have been up -dated and consolidated in this chapter. Use
standards (e.g., Home Occupation and Snow Storage) have been moved
Chapter 7.08
to appropriate regulatory sections. Sec 17.06 of the existing Zoning Code
Definitions
(Interpretations) has been changed to allow the Planning Director to make
interpretations rather than Planning and Zoning Commission.
This is a new chapter that consolidates all of the regulations related to the
procedures for development applications found in the existing Chapters
2.16 Planning and Zoning Commission, 16.12 Subdivision Administration,
and 17.08 Zoning Administration. This new Chapter clarifies the roles of
the review and decision - making bodies; describes the review procedures
for all development applications in a series of sequential steps, and
includes specific review criteria for each type of application. New
Development
provisions include: 1) a pre - application requirement for all applications, 2)
Review
Chapter 7.16
minimum submittal requirements for applications, 3) the timing and content
Procedures
of required studies and reports, and 4) application processing
requirements. A Minor Amendment Process was also added which
authorities the Planning Director to make administrative determinations on
specific minor changes to approved development plans. The Termination
of Approval provision, which sets a 2 year time period on development
approvals, has not changed.
The "Temporary Suspension of Building Permits" provision has been
replaced with a less restrictive Temporary Suspension of Development
Approvals (see Town Attorney Memo — Exhibit F).
This chapter establishes the Town's zone districts. Districts have been
reorganized and categorized by residential, commercial/ mixed -use and
industrial. Purpose statements have been added to help guide decision -
makers. District regulations (e.g., setbacks, building height) are
summarized in tables district by district for easy comparisons.
There are four residential districts (RD duplex; RL, Low Density, RM
Medium Density and RH, High Density). The RH -C Residential Hi Density
Commercial has been retired.
Zone Districts
The commercial districts have been reduced from four to three: NC
and Official
Section 7.20
Neighborhood Commercial; MC, Mixed -Use Commercial; and TC Town
Zoning Map
Center. The SC, Shopping Center District has been retired. Changes to the
district regulations are summarized in Table 2.
The commercial district standards also include a Floor Area Ratio (FAR)
requirement. FAR controls the bulk of a building and allows the developer
to make choices about the distribution of the building mass on the site.
Together with the Development Standards, the FAR measurement can
help break up building bulk and promote development that is compatible
with the type of pedestrian scaled. streetscapes promoted in the
Comprehensive Plan.
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Development Bonus (Sec 7.20.100) In response to the request for more
specific information related to the public benefit process, the Code includes
a Development Bonus option which allows the Town Council to increase
the maximum FAR, density, and /or the maximum building height of a
project in exchange for helping the Town achieve public policy goals.
Approval to increasing development density may, for example, be
permitted in exchange for a specific number of affordable housing units,
transportation improvements or other public benefits identified in the
Comprehensive Plan.
The Industrial District, Public Facilities District, Parks District and Opens
Space Landscape, the Short Term Rental Overlay District and Drainage
District remain unchanged.
The PUD has been re- classified as an Overlay District. The new Code
also limits the use and application of the Planned Unit Development (PUD)
to larger parcels and property in Town Center that may have a measurable
impact on the community. The PUD Overlay is intended to provide
flexibility in the subdivision standards so that a development can be
clustered and common open space preserved. A PUD project will still be
subject to the underlying zone district requirements and development
standards. Additional density would be requested through the Bonus
Development process.
The use regulations for all zoning districts are consolidated in Table 7.24.-
1. The use lists have been consolidated by broad categories (e.g. Retail),
and modernized by eliminating out -dated listings and adding more current
uses.
Use
Section 724
Specific Use Regulations for Public Uses and Home Occupations are
Regulations
.
included in this Chapter, as are additional requirements for certain Special
Review Uses such as day care and group living.
Standards for accessory uses and structures temporary uses and
structures have also been added to this Chapter.
Parking and Loading. The new Code took the existing parking regulations
and made targeted changes to encourage alternative parking options and
parking flexibility in Town Core. We also updated the parking lot design
requirements and moved parking lot landscaping to the landscaping
requirements.
Access Driveway. These new regulations control the access to public
streets from private driveways. Standards are provided for is access by
emergency vehicles, the maximum number of entryways per parcel,
driveway intersection with the ROW; driveway width, and maximum
driveway lengths. Standards for driveways on lots with slopes greater than
30% have been added to minimize disturbance and adverse visual impacts
resulting from long cross slope driveway.
Development
Section 7.28
Mobility and Connectivity. This is a new section that establishes overall
Standards
standards for the infrastructure that provides mobility for both motorized
and non - motorized vehicles and connects neighborhoods in the
community. This section includes design standards for lots that are not
being subdivided and addresses issues such as sidewalks, access
management, and traffic impact analysis.
Landscaping and Screening Requirements. This section was strengthen
and clarified with specific landscaping requirements provides better
guidance to developers and staff then under the existing Code. Other
changes to this section include: a new landscaped buffer requirement
between commercial and residential uses; requirements for parking lot
landscaping and standards for tree preservation and irrigation
requirements were upgraded. Screening standards were also added to
provide guidance on appropriate screening methods and materials.
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Fence and Retaining Wall standards were revised and included in this
section. Materials and height requirements were added to fence standard.
Retaining Walls standards were added to the Code to reduce the impact of
over height walls and extreme changes in finished grades. In order to
reduce the impact of over grading or over - height walls, terracing is required
with a maximum wall height of 7 ft on wall on residential properties.
Natural Resource Protection and Sustainability this section provides
new protections for the development on steep slopes and ridgelines and
incorporated erosion prevention and sediment control standards. The
Director may modify or waive the provisions in this section for lots which
were platted prior to the Effective Date of this Code where strict
compliance with the provisions in this section is not practical or feasible
considering the physical characteristics of the lot.
Residential Design Standards. Based in part on the standards currently
used in the Design Guidelines, this section establishes the basics for
residential design in Avon (roof form, color, material, building orientation),
with specific standards for townhomes, apartments and single - family and
duplex units in Wildridge.
Commercial Design Standards. Similar to the Residential Design
Standards, this section is based on standards and recommendations found
in the West Town Center and East Town Center Investments Plans, which
calls for pedestrian — oriented, walkable commercial areas with a mix of
uses including housing.
The Engineering Improvement Standards have replaced the subdivision
standards in the existing Code and are designed to work with the zoning
regulations to create a comprehensive land development review process.
In the current code, the subdivision regulations do not include sufficient
substantive content which causes a lot of ambiguity for applicants and for
Staff during the review process. The new subdivision regulations include:
• updated street design requirements
Engineering
0 subdivision layout requirements
Improvement
Section 7.32
a standards for dedication of parks and open space
Standards
0 specifications for storm water management practices
• integration of the natural environment and
• requirements for utilities and public facilities.
Parks and Open Space. This is a new section in the Code, and requires
publicly- dedicated open space and privately -held open space for new
subdivisions.
Alternative Energy. This is also a new section in the Code that includes
regulations for installing solar and wind power equipment.
Annexation
and
Disconnection
Section 7.36
See attached memorandum from Town Attorney - Exhibit F.
Procedures
1041
Regulations
Section
See attached memorandum from Town Attorney - Exhibit F
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Table 1: Sustainable Aspects of the Avon Development Code
NATURAL RESOURCE PROTECTION
Section
Numbers
Limits on construction in flood hazard areas
7.28.070(d)
Requires Inventory of site natural resources
7.28.070
Requirements for storm water management
7.28.070(c)
Limits landscape irrigation systems
7.28.050(a)(4)(iv)
Requires management of silos and erosion control during construction
7.28.070(c)
Steep slope protection and minimized grading
7.28.070(a)
TRANSPORTATION
Requires walkways and bicycle baths on a building site
7.28.040(e)
Require short term bicycle parking and storage based on parking
requirements
7.28.030(i)
SITE LIGHTING
Site light pollution control requirements (dark sky)
15.30
SITE DEVELOPMENT
Usable open space requirements for residential developments
7.28.060
Building form and design standards for commercial zone districts brings
building close to sidewalk and reduce visibility of surface parking to create a
more lively pedestrian environment.
7.28.060
Parking reduced for mixed use developments
7.28.030(f)(2)(ii)
Maximum parking requirements for commercial uses
Table 7.28 -3
Increased landscaping requirements for off - street parking
7.28.050(q)(3)(iv)
Standards for bike parking
7.28.030(1)
New district requirements in Town Center require vertical mix of uses,
higher densities and connections to transit
7.28.060(j)
RENEWABLE ENERGY
Solar equipment standards
7.28.070(g)(2)
Wind Energy
7.28.070(g)(4)
17
Table 2: Summary of Revisions to Commercial Zone Districts
NEIGHBORHOOD COMMERCIAL (NC)
Purpose: To provide sites for commercial uses and services for the principal benefit of the residents of the community.
Permitted Uses: Commercial Uses and Accessory Apartments.
DISTRICT STANDARDS
CURRENT CODE
NEW CODE
Minimum Lot Size
7,500 sf
3,000 sf
Building Height
35 ft
35 ft: duplex
38 ft: TH, MF, commercial
Front: 25ft
Front: 1 Oft residential /0 ft commercial
Building Setbacks
Side: 7.5 ft
Side: 7.5 fU 25ft corner lots
Rear: 10 ft
Rear: 10 ft
Max Site Coverage
50%
60%
Max Density
7.5 du /acre
7.5 du /acre
1:1 FAR
MIXED USE COMMERCIAL (MC)
Purpose: To group and connect places used for work, shopping, education, recreation with residential uses.
Permitted Uses: Commercial, Office, Townhomes, Condominiums, Apartments
DISTRICT STANDARDS
CURRENT CODE
NEW CODE
Minimum Lot Size
43,560 sf
3.000 sf
Building Height
60 ft
35 ft: SF and duplex
60 ft: TH, MF, commercial
Front: 25ft
Front: 10 ft
Building Setbacks
Sider 7.5 ft
Side: 7.5 SF, duplex/0 ft TH, MF, commercial
Rear: 10 ft
Rear:10 ft residential /5 ft commercial
Max Site Coverage
50%
80%: SF and duplex
70%: TH, MF, commercial
Max Density
20 du /acre
20 du /acre
60 lodge units /acre
1.5:1 FAR
TOWN CENTER (TC)
Purpose: To provide sites for a variety of uses including lodging, commercial and office in a predominately pedestrian environment.
Design standards distinguish is area from others in town.
Permitted Uses: Lodging, Commercial, Office, Townhomes, Condominiums, Apartments
DISTRICT STANDARDS
CURRENT CODE
NEW CODE
Minimum Lot Size
30,000 sf
3,000 sf: residential
Building Height
80 ft
80 ft
Front: 25 ft
Front: 1 Oft residential /0 ft commercial
Building Setback
Side: 7.5 ft
Side: 7.5 ft/25 ft comer lots
Rear: 10 ft
Rear: 10 ft
Max Coverage
50%
80%
Max Density
30 du /acre
30 du /acre
90 lodge units /acre
2:1 FAR
LIGHT INDUSTRIAL & COMMERCIAL EMPLOYMENT (IC)
Purpose: To provides sites for light Industrial and mfg uses, wholesale outlets, warehousing and sales offices
Permitted Uses: Light industrial, Commercial, Warehousing, Accessory Apts.
DISTRICT STANDARDS
CURRENT CODE
NEW CODE
Minimum Lot Size
21,780 sf
21,780 sf
Building Height
48 ft
48 ft
Front: 25 ft
Front: 25 ft
Building Setbacks
Side: 7.5 ft
Side: 7.5 ft/ 25 ft corner lots
Rear: 1 Oft
Rear: 10 ft
x Site Coverage
50%
50%
Density
4 accessory unit/property by special review use
4 accessory units /property by special review use
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EXHIBIT D
PLANNING AND ZONING COMMISSION
MEETING MINUTES
JULY 6, 2010 (APPROVED)
JULY 20, 2010 (DRAFT)
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REGULAR MEETING
IV
V
VI
Call to Order (5:00pm)
Town of Avon Planning & Zoning Commission
Draft Meeting Minutes for July 6, 2010
Avon Town Council Chambers is
Meetings are open to the public
Avon Municipal Building / One Lake Street
The meeting was called to order by Vice Chairman Green at approximately 5:05
Roll Call
All Commissioners were present with the exception of Goulding, Prince, and Anderson.
Additions and Amendments to the Agenda
There were no additions or amendments to the agenda.
Conflicts of Interest
There were no conflicts of interest to disclose.
Consent Agenda
• Approval of the June 15, 2010 Meeting Minutes
Action: Commissioner Patterson moved to approve the amended minutes. •
Commissioner Roubos seconded the motion and it passed 4 -0.
ZONING (PUBLIC HEARING)
Avon Development Code Public Hearing
Property Location: N/A
Applicant/ Owner. Town of Avon
Description: A public hearing to review of the Draft Avon Development Code. The new code
revision includes the consolidation of Subdivision and Zoning regulations, currently found
Titles 16 and 17 of the Avon Municipal Code, respectively, into a unified development code.
Discussion: Matt Gennett presented an overview of the memo and brief description of each
item of the memo.
Commissioner Green asked for clarification of the current height measurement methods and
the new standards proposed. He specifically wanted to hear more about the appearance of
height measurement. Matt Gennett described the appearance of height and showed
illustrations.
Commissioner Roubos questioned the change in natural grade requirements in the new code.
Matt Gennett responded by illustrating design tests that were performed.
Commissioner Green questioned if the retaining walls below a structure would be calculated in
the appearance of height of the structure measurement. Matt Gennett responded that the
code as drafted doesn't clearly indicate that, but staff would be willing to modify the code to
make sure this item is addressed in the draft code. •
Commissioner Green asked that staff overview each item in the memo.
Matt Gennett discussed each individual item outlined in the memo.
Commissioner Struve questioned item 7. He questioned how we can keep coast to coast
duplexes from being developed. He felt an intent statement should be addressed to limit the
• coast to coast nature of residence designs.
Commissioner Struve questioned if the driveway standards could be modified to ensure that
heated driveways will not be able to exceed maximum grades. Justin Hildreth addressed this
issue by directing the Commission to Attachment C. He discussed the caveat to waive
standards for lots platted before the adoption of this code update.
Commissioner Patterson commented on the Development Bonus section. He wanted
clarification on whether or not a development bonus needs to be applied for with the principal
application. Staff responded affirmatively.
Commissioner Patterson questioned if a menu has been provided for an applicant to help
direct them towards proper public benefits. He stated that he would like the public benefits to
be less shaped by the politics du jour. Eric Heil stated that the pre - application process would
help guide developers on which public benefits would be best.
Commissioner Patterson stated that his concern was that a development bonus would go to
certain communities where political figures reside. Eric Heil stated that the proximity criteria
would apply, which require the public benefits to have a proximity to where the development is
occurring.
Commissioner Patterson questioned why pedestrian enhancements and streetscape
enhancements have different maximum distance requirements. Eric Heil responded that the
2,500 feet is within the acceptable range for people to consider walking instead of driving.
Commissioner Green questioned the outdoor dining parking requirements. He requested that
the parking requirements be modified to ensure that parking be provided for outdoor seating
• areas that are greater than 25% of the interior dining area(s).
Commissioner Green questioned the parking requirement for ALFs. He stated that additional
parking may be required for doctors, nurses, etc. He questioned how that would be addressed
by the new code. Sally Vecchio stated that the code implies that there is no parking for the
residents or visitors. Commissioner Green stated that there is a need for more parking than
what the code is requiring.
Commissioner Green disagreed with the proposed definitions for solar devices. He felt the
definitions should be more closely linked to the industry preferred terms. He feels the terms
should be building mounted and ground mounted solar collection systems. Commissioner
Struve suggested that the definitions include both active solar and solar used to heating living
spaces and water.
Commissioner Green suggested that the definition of caretaker unit reference kitchen facilities
instead of cooking facilities.
Commissioner Green questioned coast to coast designs and felt that the town should embark
upon a legislative action. Eric Heil stated that a rational intent would need to be adopted to
address to limit coast to coast designs.
The Public Hearing and Comment portion was opened.
The Public Hearing and Comment portion was closed due to a lack of input.
Commissioner Struve wanted the Commission to get to the point where approve of the new
code with conditions as necessary. Furthermore he discussed the applicability of the code to
Wildridge.
• Commissioner Roubos had no additional comments.
Commissioner Patterson had no additional comments.
1�4
Commissioner Green discussed the landscape design standards. He outlined a typo. He also
discussed lawn grasses as an awarded point section. He stated that we should be promoting
natural grasses. Commissioner Struve suggested that it be stricken from the code. •
Commissioner Green suggested that the code promote drought tolerant plantings. Eric Heil
stated that xeriscaping should be added as a bonus. Both Commissioners Green and Struve
agreed with that suggestion.
Commissioner Green questioned the criteria for review by the director for a reduction in
perimeter landscaping. Sally Vecchio stated the director could reduce the requirement if the
neighboring property had sufficient perimeter landscaping or the combination of perimeter
landscaping between the two properties was sufficient.
Commissioner Green suggested that a criteria be added to the landscape islands to state that
at maturity the plantings do not negatively affect drainage. He also suggested that the intent
of the Landscape strips be clarified.
Commissioner Green questioned where the sidewalk standards were located. He felt this
should be cross referenced in the TC landscaping section.
Commissioner Green suggested adding a single course of straw bale on the inside of the
fence. Commissioner Struve suggested approved alternative methods.
Commissioner Green suggested that timeframes be added to the temporary irrigation. Eric
Heil suggested that a 2 year timeframe be added.
Commissioner Green suggested that mechanical equipment also have the ability to be
screened by architectural elements.
Commissioner Roubos suggested that the section reserved for Green Building Standards be
stricken. •
A break was taken for staff to formulate a list of conditions.
Commissioner Patterson further discussed the development bonus and the impact of political
wills. He also discussed the civic facilities and how these facilities could benefit individual
properties.
Action: Commissioner Roubos moved to approve Resolution 10 -03 with the recommended
findings in the Staff Memo and the following conditions:
1. Add a Building Height Diagram to illustrate appearance of height. The definition shall
include retaining walls that are part of the base foundation of a structure.
2. The PZC believes there is a public need for limiting the maximum length along a street
of a duplex structure. Staff shall propose a maximum width to the Town Council.
3. The parking requirement for outdoor seating area be revised to exempt parking
requirements for the first 25% of the area.
4. Revise the parking requirement for group homes to require appropriate levels of
parking.
5. The definition of solar arrays and solar collection systems should be revised to use the
terms, "ground mounted solar devices" and "building mounted solar devices ".
6. The definition of Caretaker Unit shall refer to kitchen facilities instead of cooking
facilities.
7. Section 7.28.050(ii)(A)(2) should be revised to ensure grammatical correctness.
8. Table 7.28 -7 be revised to eliminate points for lawn grass and add bonus for is
xeriscaping.
2 �:
9. Clarify the intent of Section 7.28.050(A)(iv)(D)(1)(IV), the section concerning separation
•
.of pedestrians in landscape strips and islands.
10. Add a cross reference within Town Center District Parking Lot Landscaping to Section
7.28.040.
11. Remove the phrase "for coniferous trees" from Section 7.28.050(a)(4)(i)(D)(1)(I1)
12. Revise Section 7.28.050(a)(4)(i)(D)(3)(1) to add straw bale or equivalent requirement.
13. Revise Section 7.28.050(a)(4)(iv)(E) to establish maximum timeframe for temporary
irrigation.
14. Revise Section 7.28.050(b) to add language to provide for architectural features for
screening.
15. Strike reference to the section "Reserved" for Green Building techniques.
16. Correct typo, "Court Dive" on page 147 of the redline strikethrough revision.
17. Research Wildridge PUD definition of building heights as it relates to the wind energy
systems.
18. Revise Section 7.20.100(d)(1)(iii) to include the CIP.
Commissioner Patterson seconded the motion. It passed 4 -0.
VII. Other Business
• The Gates?
• • Western Sage Lot 8
VIII. Adjourn
The meeting was adjourned
W. Todd Goulding
Chairperson
Phil Struve
Secretary
•
23
HIMMMIMN Town of Avon Planning & Zoning Commission
Draft Meeting Minutes for July 20, 2010
AVO N Avon Town Council Chambers •
Meetings are open to the public
c o L o R A D O Avon Municipal Building / One Lake Street
REGULAR MEETING
I. Call to Order (5:OOpm)
The meeting was called to order at 5:03.
II. Roll Call
All Commissioners were present, with the exception of Commissioner Anderson.
III. Additions and Amendments to the Agenda
There were no additions of amendments to the agenda.
IV. Conflicts of Interest
There were no conflicts of interest to disclose.
V. Consent Agenda
a. Approval of the July 6, 2010 Meeting Minutes
Action: Commissioner Struve moved to approve the consent agenda as modified.
Commissioner Roubos seconded the motion and it passed 4 -0, with Commissioners Prince
and Goulding abstaining due to their absence.
VI. Ordinances (PUBLIC HEARING) •
Description: Ordinance No. 10 -12, Series of 2010, will amend the Avon Municipal Code to (1)
prohibit business licenses for a "Medical Marijuana Business, "(2) prohibit the use of land for a
Medical Marijuana Business, and (3) de- criminalize the possession of medical marijuana by
medical marijuana patients. The Town Council passed this ordinance on first reading on July
13, 2010 and has scheduled a public hearing and second reading by Town Council on July 27,
2010. (Eric Heil, Esq., Town Attorney)
Discussion: Eric Heil overviewed the memorandum provided to the Commission.
Commissioner Green questioned the process that needed to occur and if any action was
necessary. Eric Heil outlined the first reading of ordinance that occurred at Council and the
PZC review and required motion of recommendation.
Commissioner Struve asked if this was in the new code or old code. Eric Heil responded that
if approved by Council this will be located in the old code.
Commissioner Green stated that it was not clear in the provided packet what staff wanted from
the Commission. He clarified that the information indicated that this was solely for information
purposes.
Commissioner Roubos had concerns over the reasons for the recommendation that was
requested.
Commissioner Goulding discussed the necessity for review of all code text amendments and
land use modifications.
Commissioner Green suggested that the commission take no exception to these regulations. •
Commissioenr Patterson stated that he had no exception to the regulations proposed for Title
17, specifically those in sections 5, 6, and 7.
1.4
Eric Heil stated that the policy from Town Council is that Medical Marijuana should not be
allowed in the Town and that the Planning and Zoning Commission needs to review to ensure
• these regulations will help the PZC to uphold these standards.
Commissioner dialogue ensued to further discuss what the PZC's role is in the review of the
proposed language.
The Public Hearing was opened.
Dominic Mauriello, 5601A Wildridge Road, commented that he feels there is misinformation
being provided from the Town Staff. He stated that if the PZC feels that Medical Marijuana is
appropriate in Town then the PZC has the opportunity to make that know at this time.
The Public Hearing was closed.
Commissioner Prince commented that he feels that both sides of the argument are not being
presented to the PZC. He stated that his role is to evaluate both sides of the coin and that he
can not do that with the information provided.
Commissioner Patterson stated that he feels that Land Use is the PZC's realm and that the
PZC does not make legislative decisions contrary to what Dominic stated.
Commissioner Green stated that he feels that the proposed regulations are manageable for
the PZC to regulate, contrary to his personal beliefs on the issue.
Commissioner Struve stated that he agreed with Commissioner Green. He did have concerns
that the provided language will allow the Town to adopt rules that would outlaw other
businesses.
Commissioner Roubos stated she didn't have enough information to evaluate the Ordinance.
She felt that more time would be necessary for a proper review.
• Eric Heil clarified the history of Medical Marijuana regulations in Avon and the State of
Colorado. He overviewed case law in Colorado that allowed for moratoriums in order to adopt
regulations. He further clarified that if the PZC was not comfortable making a motion then the
Town Council could approve an emergency Ordinance to extend the moratorium.
Commissioner Goulding stated that certain uses in town are currently outlawed, for example
Adult services and heavy industry. He stated that he doesn't take exception to these
regulations. He did question if there were any comments received on this item. Eric Heil
stated that less than a handful of public comments have been received by the Town Clerk.
Commissioner Goulding questioned why Commissioner Prince would like to hear both sides of
the story. Commissioner Prince stated that he would like to take an open approach and try to
understand why other municipalities and communities have allowed these businesses.
Action: Commissioner Green moved to "take no exception to the Town Council Ordinance 10-
12, series of 2010" noting that Sections 5, 6, and 7 provide manageable language related to
Title 17."
Commissioner Struve seconded the motion.
Commissioner Patterson questioned the meaning of "take no exception." Commissioner
Green further described his reasoning for the terms "take no exception ".
Commissioner Patterson suggested that the language be amended to "no exception" be
replaced with "no position ".
Both Commissioners Green and Struve accepted the modification to the motion. The motion
• passed with a 5 -0 with Commissioner Prince abstaining.
1c
VII. Other Business
a. Commissioner questions of staff regarding the effect of Section 17.28.090 Temporary
Suspension of Building Permits (AMC). •
Discussion: Matt Gennett summarized the process of drafting and reviewing the Avon
Development Code, including the public review process with the Zoning Advisory Committee,
Planning and Zoning Commission and Town Council. He outlined the PZC recommendation
of approval of the Code on July 6, 2010. He stated that the recommendation of approval
triggered the implementation of Section 17.28.090.
Eric Heil discussed the recommendation and the AMC sections that regulate temporary
suspensions of building permits and revocation of building permits.
Commissioner Green suggested that the PZC can make a recommendation to Council on the
language of the existing code.
Commissioner Goulding separated the two issues: the action of the recommendation on the
Avon Development Code; and the Code language in the existing Municipal Code that was
adopted in 1991.
Commissioner Struve wanted to know whether the Commission could actunder Robert's Rules
of Order. Eric Heil stated that he was unaware if the PZC or Town Council had adopted
Robert's Rulesof Order.. Commissioner Struve stated that it is possible to rescind a motion
under these rules.
Commissioner Roubos stated that there was never an understanding that once the PZC made
a recommendation of approval that would place a moratorium on development. Eric Heil
responded that a moratorium is not the proper term since building permits can still be applied
for and approved under certain situations.
Eric Heil overviewed the AMC Code sections that allow the Town to suspend or revoke a •
permit. He further discussed Colorado Common Law and how it affects the issuance of
building permits while an ordinance is pending before Council. He also discussed the ADC
code language that would allow pending application to move forward.
Commissioner Patterson wondered what projected effective date of the New Code would be.
Commissioner Struve wanted to know what would happen if an applicant submitted an building
permit application today.
Commissioner Goulding restated the process and what the Commission could do to help
modify existing language in either the draft code or existing code. Commissioner Goulding
stated that the intent of Section 17.28.090 was to stop a bum -rush to the permit counter before
the new zoning code, with more restrictive standards, was adopted. He also commented that
the new code is intended to be a more developer friendly /customer - service oriented code.
Commissioner Struve questioned what it would take to revise or revoke Section 17.28.090.
Eric stated that it would require an ordinance adopted by the Council through the ordinary
process but an emergency ordinance can be undertaken in a single meeting.
Commissioner Green wanted to know if there is a moratorium on issuing building permits. The
Town Attorney stated pursuant to Section 17.28.090, a building permit that complies with both
the current zoning code and the proposed code can be issued during this period.
Commissioner Prince wondered how an applicant would be effected if the Town Council
changed the development standard proposed in the PZC version of the new Code.
The Commission then took comments from the public:
Buzz Reynolds, Avon resident and builder, questioned if the PZC had all the information to •
review the new Code before it recommended adoption to the Council.l. He then questioned
2 (0
the PZC if they would have made the same recommendation if they knew how this provision of
the old Code would affect the issuance of building permits ?.
is He further stated that this is a mess and it needs to be resolved.
Tripp Plavec, Avon resident, feels the code that the PZC adopted is a mess. He feels that the
new regulations would render designs undevelopable. He acknowledge that he just saw the
Code last night, so he wasn't sure, but questioned if the new regulations would be able to be
waived for existing platted lots. Sally Vecchio stated that existing platted conditions can have
development standards modified or waived if they are impracticable.
Mr. Plavec stated that further regulations on existing platted lots should not be approved. He
stated that the regulations are unfair because under the current code. builders can do
whatever they want.
Dominic Mauriello, Avon resident, stated that the better forum for discussing changes to the
Code would be next week at Council. He further stated that the policy decision should have
been addressed prior to the recommendation of approval. He questioned how many times the
policy was overlooked since it was adopted in 1991. He questioned the process and if the
change would be required for new applications.
Commissioner Goulding stated that this board had no ability to change the existing code.
Dave Dantas, Avon resident stated that he believes that the PZC can rescind their
recommendation to approve the new Code.
Commissioner Struve stated that he also believes the PZC can rescind their recommendation.
Commissioner Patterson questioned the process of an emergency ordinance. Eric Heil read
into the record the section of the code that regulates emergency ordinances.
• Commissioner Goulding stated that one option would be having the Council act on an
emergency ordinance. He stated the other option would be for the PZC to move to rescind
their recommendation, but still he would advise the Town Council to keep the status quo.
Commissioner Patterson stated that he would advise not to rescind their recommendation due
to the work put into the document, and even though not everyone will be happy with the new
Code. He suggested that the PZC recommend modifications to Section 17.28.090 to Town
Council for an emergency ordinance.
Commissioner Prince stated that he was happy that people now care about the land use code
updates.
Commissioner Roubos stated that she would like to keep the process moving, but only to
resolve the building permit issue and repeal Section 17.28.090, not rescind the PZC
recommendation to approve the new Code.
Commissioner Struve stated that the obstacle hinders development and that rescinding the
PZC recommendation and revoking Sec 17.28.090 should be addressed by Council.
Commissioner Green discussed the AIA views on code adoptions. He further stated that there
are no moratoriums on development while new codes are adopted across the country. He felt
that Sec 17.28.090 is archaic.
Commissioner Goulding stated that 90% of the comments deal with the transition of the new
Code. He stated that the best thing this body can do is to recommend to Council to amend the
existing code.
Commissioner Struve requested a second legal opinion on the PZC's ability to rescind their
• vote.
Commissioner Green moved: "in the strongest terms possible, the Planning and Zoning
Commission request that the Town Council adopt an emergency ordinance to allow:
2117
1. Any complete application that has been submitted for approval prior to the effective date
of the Avon Development Code shall be reviewed on accordance with the ordinance in
effect on the date the application was deemed complete. Any re- application of an expired
project approval shall meet the standards in effect at the time of re- application. •
2. Furthermore, Section 17.28.090 of the existing Municipal Code is repealed."
Commissioner Struve seconded the motion and said he would like to modify the motion as
follows:
"in the strongest terms possible, the Town Council should adopt an emergency ordinance to::
1. Allow any complete application that has been submitted for approval prior to the effective
date of the Avon Development Code shall be reviewed in accordance with the ordinance
in effect on the date the application was deemed complete. Any re- application of an
expired project approval shall meet the standards in effect at the time of re- application.
2. Repeal Section 17.28.090 of the existing Municipal Code."
Commissioner Goulding questioned the two sections relevant to the suspension of building
permits. He stated section 17.28.040(b) also allows the town to revoke permits. He
suggested that this section be included in the revocation of the existing code.
Commissioner Green suggested the following language to be added, "Section 17.12.040(b) of
the existing Municipal Code be repealed."
Commissioners Greene and Struve agreed to the addition to the motion. It passed with a 6 -0
vote.
b. Dominic Mauriello stated that the he knew he was expressing an unpopular position,
but felt that he wanted the PZC to understand "why didn't they know about Sec
17.28.090 before they recommended adoption of the new Code ? ?" •
VIII. Adjourn
The meeting was adjourned at approximately 7:40 pm.
•
•
EXHIBIT E
WRITTEN PUBLIC COMMENTS
RECEIVED AS JULY 23, 2010
0
27
Matt Pielsticker
From: lerich@comcast.net
Sent: Saturday, July 17, 2010 2:47 PM
To: Matt Pielsticker
Subject: P &Z Regs - Lot 21 Block 3
Hello Matt,
I hope all is well.
I read the minutes from the last meeting where new P &Z design regs were considered.
A few months ago you and I briefly discussed the impact of further regulation.
Specifically to Lot 21 Block 3. 1 have the following comments.
You have on record the design for the single family house I designed and which had
been approved.
I believe you recall the constraints of that site.
The only logical and safe place to access the site was at the north end, and the slope
from east (uphill) downward to Wildridge Road was about 1:2.
The site itself is somewhat imposing when one stands on the road and looks up hill to
the east. The Wildridge Road cut created a wall of earth on the site, which if you are
driving is what you see, not the hill or site. One has to make a conscious effort to turn
the head 90 degrees and look up if you are driving to see the site. If a house were built
that would no change. When one drives up the road because of the turn, and the steep
road cut into the hill, one does not turn the head 90 degrees to look at the site, unless
they want to run off the road. One might sense that a structure is there but the road cut
is all you see, not the uphill or a house that might be on the site.
The designed and approved house was about 80 feet long running with the site
contours. It was also "buried" into the hill and met height regs.
The P &Z goal to minimize site disturbance and the practicality /economy to build on the
site "encouraged" the house to be close to the set back at the road and be linear.
It was at the height limits and I would not deny it would make an "impression ", IF you
turned your head 90 degrees. and then looked UP above the road cut.
Please take a ride up there and you will see that for yourself.
The minutes indicate that there should be further restriction upon the house length
along the road and more restrictive height limits.
The natural site constraints "force" a long design. The lot is zoned for a duplex.
The logical response is a long side by side duplex.
If you tried to put a side by side duplex in 80' (which is what the single house was) then
to make reasonable 3 bedroom houses with garages they would have to be 3 stories.
The proposed regs would make that impossible without stepping up hill and disturbing
the site.
Now further regs are proposed on height.
When one combines a limit on road frontage length of the house, more restrictive height
limits, minimization of site disturbance uphill, and this site's access limits the regs are
approaching being so restrictive so as make it almost unbuildable for a reasonable
three bedroom home, let alone side by side duplexes.
7/22/2010
Page 1 of
•
•
01
Page 2 of
-To my mind it is so restrictive to be close to "taking of the property" and regulated into being undevelopable.
The problem is that this is a pretty unique situation on Wildridge. I know of no other long narrow lots which,
e n without a house are imposing from the road.
requesting some consideration of the site's unique constraints which if more restrictive P &Z Design Regs
are added make it much harder to develop a difficult site, if not almost impossible to develop marketable
homes.
It is a matter of great concern to me.
Most respectfully and sincerely yours,
Erich
•
U
7/22/2010 3
Avon Development Code
July 11, 2010
David Dantas
Notes for Discussion
We should not be writing codes that create non conforming uses of the majority of the existing
development in the residential areas. By doing this additional expenses will be created both by
Town and the property owners. Town staff will have a much larger job evaluating remodels,
redevelopment and new development.
Page
•
56. 10 acre minimum PUD requirement outside Town Core.
1. How can large changes be made that have not been contemplated in the code? •
2. Why any minimum?
3. Not a direction by Council
88. Leave single family detached in as special review use
144 -145 3iii Majority of residences do not conform, why change to 45' radius -very large?
147 Access Table- 20' perpendicular to Right of Way not practical.
A large percent of existing properties will not conform. Creates unbuildable properties
when combined with 6' maximum change in grade
174 Landscape units
1. What community uses this table
2. Does it take into account our dry climate
3. What current buildings satisfy these requirements
187 Retaining Walls
1. Why only two tiers?
191 40% slope conflicting zoning versus new code
1. Precedent set in Wildridge that development can occur on steep slopes
a. to change would be a taking 40
0
•
U
•
192 Roof overhangs on dormers to be less than 1.5' for the main roof forms
1. Smaller element keep in proportion.
193 30' continuous roof line too small make 45'
193 Wildridge Single Family and Duplex
1. Approximately 15% left to full build out
2. Why make significant changes to penalize undeveloped property owners
3. Incentivize owners to make changes desired
194 Overall maximum height of 45'
1. What buildings are over this height today?
a. how will they be dealt with in case of redevelopment or addition /remodel
197 -8 Town homes-Si ngle width parking configurations for 50% of units
1. Creates less desirable properties
201 Front Load Garages less than 35% of front facade
1. Is this linear or total front square footage
a. recessed 4' extra cost? not needed
203 Mixed use 16' ceiling height, Is this excessive?
210 1.5' over hang- dormers?
211 Pedestrian level 75% glass?
211 L3 -10 square foot maximum individual pane size on upper level commercial
1. 2 x 5 window max.? seems very small
213 2 . slopes over 30% appeal to director?
214 3i. 40% slope, platted lot with zoning, building setbacks
3b. minimum lot size, why?
3d. 6' maximum lowering or raising of grade
1. makes lots unbuildable
2. Where is this coming from?
269 Building envelopes
7i more 40% slope regulations?
Iii 80'x 80' minimum building envelope?
1. Hurd Lane Lot sizes? Some are narrower than this.
2. Discourages patio home /cluster, high density development
3. P &Z actions do not promote this change. Where is council?
3Z
EXHIBIT F
HEIL LAW
& PLANNING, LLC
MEMORANDUM
TO: Honorable Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: July 22, 2010
SUBJECT: Avon Development Code: Process for Adoption; Discussion of
Section 7.04 General Provisions, 7.32 Annexation and Disconnection
and 7.40 Areas and Activities of State Interest
Summary: This memorandum explains various issues related to the draft Avon
Development Code ( "Development Code "), Section 7.04 General Provisions, Section
7.32 Annexation and Disconnection, and 7.40 Areas and Activities of State Interest.
The focus of this memorandum is to outline the process for adoption of the Code,
explain the impact of the Code to pending and approved applications, address the
supplemental recommendation from the Planning and Zoning Commission and highlight
changes from the existing Code.
Process for Adoption: Adoption of the Avon Development Code is governed by
Chapter 17.28 of the existing Avon Municipal Code ( "Existing Code "). The Existing
Code also provides that the subdivision regulations in Title 16 may be amended
however, Section 16.04.90 does not provide any standards or procedures for such
amendments. No changes or amendments are proposed for the zoning district map at
this time, therefore, only the procedures related to amendments to the text of the zoning
code apply.
The Planning and Zoning Commission must conduct a public hearing on proposed
zoning text amendments and must provide a recommendation to the Town Council.'
The Town Council shall conduct a hearing after receiving the recommendations of the
Planning and Zoning Commission .2 "Following the required hearing" and after
considering comments, the Town Council shall approve, approve with conditions or
deny the application, in whole or in part .3 The Town Council shall hold a hearing, "no
later than thirty (30) days following the Planning and Zoning Commission action. "4
Amendments to the Existing Code and adoption of the Development Code is a
legislative act and must be in the form of an ordinance pursuant to Avon Home Rule
Charter ( "Charter") Section 6.1. The Town Council is required to conduct a public
hearing on an ordinance after first reading, Charter Section 6.5. Note that Section
17.28.050(b) requires Council to conduct a public hearing within thirty (30) days of the
' Existing Code Section 17.28.050
2 Existing Code Section 17.28.060
3 Existing Code Section 17.28.060(b)
4 Existing Code Section 17.28.050(b)
Heil law & Planning, «C Eric Heil, Esq., A.I.C.P,
1499 Blake Street, Unit 1 -G Tel: 303.975.6120
Denver, CO 80202 ehell @avon.org
•
3Y
Avon Town Council
RE: Avon Development Code
July 22, 2010
Page 2 of 3
Planning and Zoning Commission action and Council must conduct a public hearing for
second reading of any ordinance. Council is not required to take action to adopt first
reading of an ordinance at the first hearing scheduled for July 27, 2010. Council may
continue first reading and continue any public hearings on either first reading or second
reading provided that the Council announces the time, date and location for the
continued hearing at each meeting.
Changes in Chapter 7.04 General Provisions: There are numerous revisions in
Chapter 7.04 General Provisions from the Existing Code. These changes are high-
lighted as follows:
§7.04.020 Authority. Language expands references to land use regulatory authority to
include all relevant statutory citations.
§7.04.030 Purposes. Language was revised to clarify and modernize the purposes of
the Avon Development Code. §17.04.020 Purposes and §17.04.030 Intent were
consolidated. NOTE that courts support considering "purpose language" when
interpreting and applying code provisions.
§7.04.040 Interpretation. Language was revised to incorporate additional rules for
interpretation, including language from Colorado Model Land Use Code. NOTE that
• §7.04.040(m) provides that the interpretation of the Director may be appealed to Town
Council.
§7.04.070 Applicability to Public Agencies. This is the same language as is currently
in 17.04.080. NOTE: as written, the Development Code applies equally to all activities
of the Town of Avon. By law, the Town may exempt itself from the application of its own
municipal land use regulations; however, such exemption must be stated in the code.
§7.04.100 Fees. This section provides a significant change to the Existing Code
because it proposes a "pass through" fee account system whereby the Applicant must
maintain a positive account balance and pay all costs associated with reviewing and
processing a development application. The intent and effect of this change is that
reviewing development applications would be "revenue neutral' for the Community
Development Department. Identification of unusual costs or required studies would
occur at the pre - application conference. The adoption of defined standards and
procedural requirement enables applicants to submit complete applications which meet
the criteria for approval and which should minimize town review costs.
§7.04.190 Enforcement Authority and Procedures. This provision was expanded tc
define enforcement procedures for non - emergency and emergency violations,
§7.04.190(c).
§7.04.200 Enforcement Actions and Remedies. Language was added to define the
• ability of the Director or Town Attorney to enter into "compliance agreements" to resolve
1J-
Avon Town Council
RE: Avon Development Code
July 22, 2010
Page 3 of 3
code violations. The ability pp to approve "compliance agreements" already exists in the •
p 9 Y
context of settling municipal court violation action. The ability to enter into compliance
agreements administratively provides an option that reduces costs and expedites
resolution of code violations.
Chapter 7.36 Annexation and Disconnection. Chapter 7.36 adopts procedures for
annexation and disconnection of property into or out of the Town of Avon. These
regulations track the Colorado Model Land Use.
Chapter 7.40 1041 Regulations. Chapter 7.40 adopts regulations for Areas and
Activities of State Interest, otherwise known as 1041 regulations. These regulations are
authorized pursuant to Colorado Revised Statute §24- 65.1 -101 et seq. As proposed,
the 1041 Regulations would apply to site selection of arterial highways, interchanges
and collector highways and to water and sewage treatment systems. Town Staff
desires to review the 1041 Regulations with the Eagle River Water and Sanitation
District and Upper Eagle River Water Authority to better understand the effect of this
regulation. A more thorough presentation by staff is proposed for the August 10, 2010
Town Council meeting.
Thanks, Eric
•
U
3 s�
An I -3kt09
TOWN OF AVON, COLORADO
® ORDINANCE NO. 10 -14
SERIES OF 2010
AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY
ENACTING TITLE 7: THE AVON DEVELOPMENT CODE;
REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE 17:
ZONING; AND, REPEALING PORTIONS OF TITLE 2:
ADMINISTRATION AND PERSONNEL
WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the
use, subdivision and development of real property is provided by Article XX of the Colorado
Constitution and the Town of Avon home rule charter; Article 65.1 Areas and Activities of State
and Local Interest, Article 65.5 Notification of Surface Development, Article 67 Planned Unit
Development Act of 1972, and Article 68 Vested Property Rights of Title 24, Colorado Revised
Statutes; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised
Statutes; and Article 12 Annexation — Consolidation — Disconnection, Article 15. Exercise of
Municipal Powers, Article 16 Ordinances — Penalties, Article 20 Taxation and Finance, Article
23 Planning and Zoning, and Article 25 Public Improvements of Title 31, Colorado Revised
Statutes; and other applicable state and federal laws and regulation; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Planning and Zoning Commission held public
• hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public
comments received and testimony and materials provided by Town Staff provided a
recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and
provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and
17.28.090 of the Avon Municipal Code; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Town Council held public hearings on July 27,
2010; August 10, 2010; and and considered all public comments received and all
testimony and materials provided by Town Staff prior to making a decision; and
WHEREAS, the Town Council finds that the adoption of the Avon Development Code will
implement the Avon Comprehensive Plan, including all related plans and amendments thereto,
and will thereby promote the health, safety and general welfare of the Avon community; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on first reading does not constitute
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance;
• Ord 10 -14 Adopting Avon Development Code 7 -22 -10 ejh
Page 1 of 4
31
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN •
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Repealed. The following portions of the Avon Municipal Code are hereby repealed
in their entirety: Chapter 2.16 Planning and Zoning Commission; Chapter 2.20 Board of
Building Appeals; Title 16: Subdivisions and Title 17: Zoning.
Section 3. Enacted. Title 7: Avon Development Code, attached to this Ordinance as Exhibit
A is hereby enacted.
Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The
Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5. Severability. If any provision of this Ordinance, or the application of such provision
to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect •
other provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Ord 10 -14 Adopting Avon Development Code 7 -22 -10 ejh •
Page 2 of 4
W
0 Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
•
Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full and a statement that a complete copies of the
International Building Codes adopted by reference are available for inspection for public
inspection in the office of the Town Clerk during normal business hours and which notice shall
contain .
[signature page follows]
• Ord 10 -14 Adopting Avon Development Code 7 -22 -10 ejh
Page 3of4
"1
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for August 10, •
2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on July 27, 2010.
Ronald C. Wolfe, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on 52010.
Ronald C. Wolfe, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
•
Ord 10 -14 Adopting Avon Development Code 7 -22 -10 ejh is
Page 4 of 4
L-o
• NEIL LAW
& PLANNING, LLC
•
MEMORANDUM
TO: Honorable Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: July 22, 2010
SUBJECT: Avon Development Code: Effect on Pending and Approved
Applications
Summary: This memorandum explains the effect of the existing zoning regulations and
the proposed Development Code on pending and approved applications and addresses
a supplemental recommendation from the Planning and Zoning Commission.
Effect on Pending and Approved Applications: The amendment of existing land use
regulations necessarily affects pending applications and approved development permits
which have not yet been acted upon. There are three considerations for determining
and applying the effect on pending and approved applications: (1) the provisions in the
Existing Code, (2) the provisions in the proposed Development Code, and (3) the law in
Colorado concerning pending applications and vested rights.
(1) Existing Regulations: Existing Code sections 17.12.040(b) and 17.28.090 address
approved development permits and pending applications. Existing Code section
17.12.040(b) follows the general law in Colorado. Existing Code section 17.28.090
adopts the "pending ordinance doctrine" only to the extent of suspending the issuance
of building permits. The two sections are reprinted below for your convenience.
17.12.040 Revocation and invalidation of permits.
(b) No permit issued pursuant to this zoning code shall remain in force and effect if the
use or structure authorized therein becomes nonconforming; provided, however, if,
subsequent to and in reliance upon the issuance of the permit, an applicant has so
substantially changed his or her position or incurred extensive obligations and expenses
that it would be highly inequitable and unjust to destroy the rights acquired by issuance
of the permit, then such permit shall not be invalidated and the approved development
shall be allowed to proceed to completion if not otherwise unlawful.
• Heil Law & Planning, LLC Eric Heil, Esq., A.I.C.P.
1499 Blake Street, Unit 1 -G Tel: 303.975.6120
Denver, CO 80202 eheil @avon.org
M
Avon Town Council
RE: Effect on Pending Applications and Approved Permits
July 22, 2010 •
Page 2 of 9
17.28.090 Temporary suspension of building permits.
Whenever the Town Council or the Planning and Zoning Commission has properly
initiated proceeding to amend the text of the zoning code or the zoning district map
pursuant to the provisions of this Title, and the Planning and Zoning Commission has,
subsequent to the public hearing, adopted a resolution recommending to the Town
Council approval of such amendment, no building permits shall be issued by the Town
Building Administrator which would be prohibited by the proposed amendment for a
period of one (1) year following the date of such Planning and Zoning Commission
resolution; provided, however, if the Town Council should, by resolution, refuse to
further consider such amendment, or if an ordinance adopting the proposed amendment,
or an amendment substantially similar to the proposed amendment, has not been passed
by the Town Council pursuant to law within the one -year time period, all building
permits applied for during such period, which otherwise conform to the existing zoning
regulations, shall be issued, provided the building permit application meets all other
regulations of the Town in effect at the time.
Existing Code sections 17.12.040(b) and 17.28.090 relate to each other because
section 17.12.040(b) provides that a building permit or other permit can be invalidated if
such permit is not in compliance with a newly adopted zoning provisions. Therefore,
section 17.28.090 properly prohibits the issuance of a building permit which is •
inconsistent with zoning amendments recommended for adoption by the Planning and
Zoning Commission.
Under the Existing Code, the only permits which may retain their validation even if
inconsistent with new code regulations include permits with statutory vested property
rights (i.e. vested property rights approved by ordinance in accordance with Chapter
17.14) and permits with common law vested property rights in which the applicant has
incurred substantial investment in reliance upon the permit.
(2) Proposed Development Code: The proposed Development Code has more
extensive provisions which govern the application of the new Development Code to
pending applications and approved development permits. The relevant sections are
reprinted for your convenience as follows:
7.04.100 Transition to Avon Development Code
(a) Purpose. The purpose of this Section is to clarify the status of properties with
pending applications or recent approvals, as those terms are used below, and properties
with outstanding violations, at the time of the adoption of the Development Code.
(b) Effective Date. The provisions of the Development Code became effective on
[INSERT EFFECTIVE DATE]. Development plans approved under previous
regulations that received vested property rights by approval of the Town Council by •
ordinance shall be valid for the duration of that vested property right provided that all
VAN
Avon Town Council
RE: Effect on Pending Applications and Approved Permits
July 22, 2010
Page 3 of 9
isterms and conditions of such vested right approval are followed. Existing gh pp sting 1 d egal uses that
may become nonconforming by adoption of this Development Code shall become legal
nonconforming uses subject to the provisions of this Section.
(c) Violations Continue. Any violation of the previous Titles 16: Subdivision, and 17:
Zoning, shall continue to be a violation under the Development Code and shall be subject
to the penalties and enforcement in this Chapter.
(d) Preliminary Subdivision and PUD Approvals. Preliminary subdivision and
preliminary PUD approvals granted prior to the effective date of the Development Code
shall be considered as approved pursuant to the Development Code. Final approvals shall
be required to comply with the application submittal requirements and development and
design standards contained in the Development Code unless specific conflict provisions
or standards were approved with a vested right by the Town by ordinance. Final
approvals shall be reviewed according to the review criteria contained in this
Development Code. Preliminary subdivision and PUD approvals granted under the
previous regulations shall be valid for two (2) years from the date of approval unless a
vested right providing a longer period was granted by the Town Council by ordinance.
Failure to obtain a final plat or plan approval in the allowed time shall result in the
expiration of the preliminary plan.
• (e) Future Subdivisions. Large tracts or blocks of land contained within a recorded
subdivision that were intended or designed for resubdivision into smaller tracts, lots, or
building sites when originally approved, shall comply with all provisions of the
Development Code.
(f) Projects with Final Approval. Development projects with final approval that are
valid on [INSERT EFFECTIVE DATE], shall remain valid until their termination date.
Projects with valid approvals or permits may be completed in conformance to the
development standards in effect at the time of approval.
(g) Active Building Permits. Any building or development for which a building
permit was granted prior to [INSERT EFFECTIVE DATE] shall be allowed to proceed
to construction under the regulations in place when the building permit was issued. If the
development for which the building permit is issued prior to [INSERT EFFECTIVE
DATE] fails to comply with the time frames for development established for the building
permit, the building permit shall expire and future development shall comply with the
requirements of the Development Code.
(h) Violations, Enforcement, and Penalties. A use, structure, or lot not lawfully
existing at the time of the adoption of the Development Code is deemed lawful and
conforming as of the effective date of the Development Code if it conforms to all of the
requirements of the Development Code. Payment shall be required for any civil penalty
assessed under the previous code, even if the original violation is no longer considered a
• violation under the Development Code.
3
Avon Town Council
RE: Effect on Pending Applications and Approved Permits
July 22, 2010
Page 4 of 9
7.16.040(d) Temporary Suspension of Development Approvals. Whenever the •
Council has initiated an application to amend the text of the Development Code, no
development application may be approved nor building permit issued which does not
comply with the regulations, standards, or permitted uses set forth in the proposed
amendment. The date of such temporary suspension shall begin on the day that the
proposed amendment is in a complete ordinance form and is made available to the public.
The temporary suspension shall remain in effect for a maximum duration of six (6)
months.
The proposed Development Code establishes additional property rights protection
because section 7.04.100 provides that the Town will not invalidate any final
development approval (including Final Design Review approvals) and will not invalidate
building permits issued before the effective date of the Development Code even if such
approvals are inconsistent with newly adopted regulations. Also, proposed
Development Code section 7.16.040(d) amends the trigger on temporary suspensions
to rely upon Council action and introduction of an ordinance and reduces the potential
time for Town Council to consider a text amendment to a code from 1 year to 6 months.
As a Home Rule Community, Avon has broad legal authority to adopt regulations
governing the transition from an existing code to a new code. Section 7.16.040(d)
basically follows a provision for county planning authority which allows temporary
suspension of permitting without conducting a public hearing for a period of 6 months.'
(3) Colorado law: Colorado courts have recognized that a municipality may adopt and •
apply new regulations to pending applications or approved development permits if no
property rights have vested with the application or approval .2 "[The] authority to enact a
zoning resolution, and thereby restrict the use of property, exists even though an
application for a license involving that use is pending, the only proviso being that the
Board had not unreasonably or arbitrarily refused or delayed issuance of the license."
Crittenden v. Hasser, 585 P.2d 928 (Colo.App. 1978). Crittenden involved a liquor
license which was submitted after a zoning amendment application was initiated. The
County enacted new zoning which prohibited liquor sales on the subject property, then
denied the liquor license application on the basis of the newly enacted zoning one
month later. The Court in Crittenden recognized that the zoning resolution was pending
at the time that the application for a liquor license was made.
C.R.S., §30 -28 -121. Temporary regulations. The board of county commissioners of any county, after
appointment of a county or district planning commission and pending the adoption by such commission of
a zoning plan, where in the opinion of the board conditions require such action, may promulgate, by
resolution without a public hearing, regulations of a temporary nature, to be effective for a limited period
only and in any event not to exceed six months, prohibiting or regulating in any part or all of the
unincorporated territory of the county or district the erection, construction, reconstruction, or alteration of
any building or structure used or to be used for any business, residential, industrial, or commercial
purpose.
2 See City of Aspen v Marshall, 912 P.2d 56 (Colo.1996). •
`"9
Avon Town Council
RE: Effect on Pending Applications and Approved Permits
July 22, 2010
Page 5 of 9
• Colorado courts have also considered the abilit y to deny e y an application based on
noncompliance with pending regulations, known as the "pending ordinance doctrine."
The pending ordinance doctrine is stated as follows:
The "pending ordinance doctrine" provides:
A municipality may properly refuse a building permit for a land use repugnant to
a pending zoning ordinance, even though application is made when the intended
use conforms to existing regulations, and even though the application is made a
considerable time before the enactment of the pending ordinance, provided the
municipality has not unreasonably or arbitrarily refused or delayed the issuance of
a permit, and provided the ordinance was legally "pending" on the date of the
permit application.
8 Eugene McQuillin, The Law of Municipal Corporations § 25.155, at 691 (3d
ed.1991) (footnotes omitted).
The Colorado Supreme Court in City of Aspen acknowledged the "pending ordinance
doctrine," but did not adopt this doctrine. The Colorado Appellate Court previously
rejected the pending ordinance doctrine by stating,
"As a general rule, the mere pendency of a zoning amendment at the time that an
• application for a permit is made does not furnish a proper basis upon which to
deny that application. In such instances, the issuance of the permit may be
compelled by mandamus." 3
However, the Appellate Court went on to explain that the right to issuance of a permit
does not equate to a vested right that such permit may not be revoked,
"The present majority rule is that a landowner does not acquire a constitutionally
protected vested right simply by the issuance of a permit. Rather, in order for the
rights granted by a permit to vest, the permittee must take substantial steps to
exercise those rights in reliance on the permit before the effective date of any new
legislation that may affect those rights."
The Appellate Court has found that substantial reliance on a permit would require at
least excavation and foundation work. However, there is no fixed formula for
determining whether or not a common law right has vested.4 The Existing Code section
17.28.090 essentially adopts and applies the pending ordinance doctrine to building
permits in the Town of Avon.
Generally, the issuance of a building permit alone does not give a vested property right.
In Cline v City of Boulder, 450 P.2d 335 (Colo. 1969), a property owner received a
building permit for a gas station by Boulder County, then upon forcible annexation by
• 3 Gramiger v County of Pitkin, 794 P.2d 1045 (Colo.App. 1989)
4 Villa at Greeley v. Hopper, 917 P.2d 350 (Colo.App. 1996).
Avon Town Council
RE: Effect on Pending Applications and Approved Permits
July 22, 2010
Page 6 of 9
the City of Boulder as an enclave, the City of Boulder zoned the property and revoked •
the building permit for the gas station on the basis that the use was not permitted by the
zoning adopted by the City. The Colorado Supreme Court upheld the revocation of the
building permit in stating the following:
'The general rule is that permits for buildings and businesses are not per se
protected against revocation in effect by subsequent enactment or amendment of
zoning laws prohibiting the building, business or use for which they have been
issued. That is to say, a municipality may revoke a permit where zoning is enacted
or changed to prohibit the use and where the permitee has not materially changed
his position in reliance on the permit. * * *'
8 McQuillin, Municipal Corporations § 25.156 (3d ed. 1965).
In Summary, the Existing Code and the proposed Development Code contain provisions
which attempt to define and clarify the application of these doctrines to pending
applications and approved development permits. Council should also be aware that
municipalities generally have the authority to impose temporary restrictions or
moratoriums on development applications and permitting for planning purposes for up to
two years and may impose such restrictions as an emergency ordinance (as the Town
.did with medical marijuana dispensaries through the adoption of Ordinance No. 01 -10).5
Clarion Associates proposed language in their first draft which would have granted the
right to all development applications to be processed and approved under the Existing •
Code if such applications were submitted prior to the adoption and Effective Date of the
Development Code by the Town Council. The language is reprinted below for your
convenience and consideration.
16.01.90 (d) Applications Commenced or Approved Under Previous Ordinances
(1) Pending Applications
(i) Any complete application that has been submitted for approval, but
upon which no final action has been taken by the appropriate
decision - making body prior to the effective date of the Unified
Code, shall be reviewed in accordance with the ordinance in effect
on the date the application was deemed complete unless the
applicant requests otherwise pursuant to paragraph (ii), below. If
the applicant fails to comply with any applicable required period
for submittal or other procedural requirements, the application
shall expire and subsequent applications shall be subject to the
requirements of the Unified Code. Any re- application of an
expired project approval shall meet the standards in effect at the
time of re- application.
(ii) An applicant with a complete application that has been submitted
for approval, but upon which no final action has been taken prior
5 See Droste v BOCC County of Pitkin, 159 P.3d 601 (Colo.2007); Dollaghan v County of Boulder, 749 •
P.2d 444 (Colo.App.1987), Deighton v City Council of Colorado Springs, 902 P.2d 426 (Colo.App. 1994).
EP
Avon Town Council
RE: Effect on Pending Applications and Approved Permits
July 22, 2010
Page 7 of 9
• to the effective date of the Unified Code, may request review
under the Unified Code by a written letter to the Director.
Planning and Zoning Commission Supplemental Recommendation: The Planning
and Zoning Commission expressed significant concern regarding the imposition and
effect of Existing Code section 17.28.090 at their last meeting on July 20, 2010.
Commission members stated that they were not aware of Existing Code section
17.28.090 and would not have made any recommendation on the Development Code
until the Council repealed this section to avoid the imposition of any temporary
suspension of building permits. The Commission asked if they could rescind their
recommendation on July 6, 2010. My legal advice was that I did not believe they had
the authority to rescind their recommendation and "undo" the effect of Section
17.28.090, but that I would research that matter further. I did advise the Commission
that they could provide a supplemental recommendation to the Town Council with
regard to the adoption of the Development Code. The Planning and Zoning
Commission members present voted unanimously to recommend that the Town Council
repeal Sections 17.28.090 and 17.12.040(b) of the Existing Code and allow all pending
applications and applications submitted prior to the Effective Date of the Development
Code to be processed under the Existing Code.
The motion by the Planning and Zoning Commission is as follows:
• "In the strongest terms possible, the Planning and Zoning Commission recommends that
Town Council adopt an emergency ordinance to allow:
1. Any complete application that has been submitted for approval prior to the effective
date of the Avon Development Code, shall be reviewed in accordance with the
ordinance in effect on the date the application was deemed complete. Any re-
application of an expired project approval shall meet the standards in effect at the
time of re- application.
2. Section 17.28.090 and Section 17.12.040(b) of the existing Municipal Code be
repealed."
Council Options: Council has the discretion to adopt regulations that address the
status of pending applications and approved developments. The following options exist:
1. Follow Existing Code provisions (New Development Code requirements and
standards can be applied to pending applications after recommendation by Planning
and Zoning Commission. Development Permits can be invalidated if (1) inconsistent
with new Development Code and (2) the permit holder has not substantially relied
upon permit or incurred extensive obligation.
2. Follow new Development Code provisions (New Development Code
requirements and standards can be applied to pending applications after a formal
• ordinance is introduced to public. Active building permits and projects with final
I
Avon Town Council
RE: Effect on Pending Applications and Approved Permits
July 22, 2010
Page 8 of 9
approval as of the Effective Date of the Development Code have a vested right for •
the duration of such permit and may not be invalidated. The duration of permits is
generally two years unless otherwise provided). NOTE: This approach avoids a
race to submit applications to "beat the clock" but does honor existing building
permits and final approvals issued by the Town.
3. Allow all applications submitted prior to adoption of new Development Code
to be processed and reviewed in accordance with Existing Code (Clarion
model). NOTE: This is the option which the Planning and Zoning Commission
recommends in the strongest terms possible. This approach may result in a race to
"beat the clock" where property owners seek to avoid requirements of the new
Development Code by submitting applications prior to final adoption.
4. All applications which were submitted prior to presentation of the May 28,
2010 public hearing draft submitted to the Planning and Zoning Commission
to be processed under Existing Code and applications submitted after such
date to be processed under. Active building permits and final development
approvals would not be invalidated. NOTE: This is a hybrid approach which
would avoid a race "to beat the clock" but would treat pending and approved
applications fairly. Other trigger dates to consider for adoption include the July 6,
2010 Planning and Zoning Commission recommendation date, the July 23, 2010
date in which an ordinance was made available to the public (this follows the •
language of the proposed Development Code), or the July 27, 2010 Town Council
First Reading and Public Hearing Date.
RECOMMENDATION: Sections 7.04.100(f) and (g) of proposed Development Code
would validate, honor and grandfather final development approvals and building permits
issued prior to the effective date of the new Development Code. This provision is a
change from the Existing Code which would automatically invalidate approvals and
permits that did not comply with new regulations. If this is the direction which Council
believes reflects the appropriate policy for Avon, then Council could consider an
emergency ordinance to exempt Final Design Review and other Final Development
Plan approvals and active building permits from the effect of sections 17.28.090 and
17.12.040(b) in the Existing Code.
Emergency Ordinance: A draft of an Emergency Ordinance as requested by the
Planning and Zoning Commission is presented for your consideration. An alternative
draft is also presented which follows the language in the new Development Code.
Section 6.6 of the Avon Home Rule Charter provides that an emergency ordinance may
be adopted at one Council meeting by the "unanimous minus one vote of the
Councilmembers present." Section 4.1 defines "Council" as all seven members,
including the Mayor and Section 4.3 provides that the Mayor is elected from amongst
the Councilmembers; however, Section 4.4 provides that the Mayor shall have no power
to vote except in cases of tie votes: As applied, the "unanimous minus one vote of the
Avon Town Council
RE: Effect on Pending Applications and Approved Permits
July 22, 2010
Page 9 of 9
• Councilmembers resent" effective) means that all Councilmembers resent besides
p Y p
the Mayor must vote in favor of the passage of an emergency ordinance.
If an Emergency Ordinance is adopted on July 27, 2010, such ordinance would be
effective 8 days after passage, or August 4, 2010. The Emergency Ordinance can also
be adopted as a regular ordinance, in which case if second reading were passed on
August 10, 2010, then the effective date would be August 17, 2010 (7 days after
passage).
Planning and Zoning Commission Authority to Rescind Recommendation: The
Planning and Zoning Commission ask for a legal opinion regarding their authority to
rescind their recommendation on July 6, 2010 and to effectively "undo" the imposition of
a temporary suspension of building permits imposed by Section 17.28.090. The
Existing Code section 2.16.070 states that the Commission shall operate in accordance
with its own rules of procedure which have been reviewed and approved by the Town
Council. Upon investigation with the Community Development Department, the only
rules of procedure adopted by the Commission are the Town of Avon Residential,
Commercial, and Industrial Design Review Guidelines, adopted November 6, 2001 and
revised through September 25, 2007 ( "Design Review Guidelines "). The Design
Review Guidelines do not address rules of procedure for making motions or rescinding
motions by the Planning and Zoning Commission. Therefore, the Planning and Zoning
• Commission does not have the authority to rescind a motion if such procedure has not
been adopted by the Planning and Zoning Commission and the Town Council.
Requested Council Action: Consider adoption of an Emergency Ordinance as
recommended by the Planning and Zoning Commission or adoption of an Emergency
Ordinance to immediately implement the proposed Development Code regulations
concerning applicability to pending applications and active approvals. The Emergency
Ordinances are attached to this memorandum.
Thanks, Eric
9
TOWN OF AVON, COLORADO •
ORDINANCE NO. 10 -15
SERIES OF 2010
AN EMERGENCY ORDINANCE AMENDING THE AVON MUNICIPAL
CODE BY REPEALING SECTIONS 17.12.040(B) AND 17.28.090 AND
ENACTING SECTION 17.12.025
WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the
use, subdivision and development of real property is provided by Article XX of the Colorado
Constitution and the Town of Avon home rule charter; Article 20 Local Government Regulation
of Land Use of Title 29, Colorado Revised Statutes; and Article 15 Exercise of Municipal
Powers, Article 16 Ordinances — Penalties, and Article 23 Planning and Zoning of Title 31,
Colorado Revised Statutes; and other applicable state and federal laws and regulation; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Planning and Zoning Commission held public
hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public
comments received and testimony and materials provided by Town Staff provided a
recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and
provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and
17.28.090 of the Avon Municipal Code and adopt provisions which validates all existing
approved development and building permits and which permits all applications to be reviewed •
according to the ordinance and regulations existing at the time such applications are submitted;
and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code, the Avon Town Council held a public hearing on July 27, 2010 and considered all public
comments received and all testimony and materials provided by Town Staff prior to making a
decision; and
WHEREAS, the Town Council finds that due to the severe slowdown in national, regional and
local economic conditions the validation of existing development and building permits and
ability of pending development applications to proceed efficiently and without delay is essential
to avoiding the exacerbation of adverse economic conditions or delay in improvement of
economic conditions, and therefore finds that the adoption of this Ordinance as an emergency
ordinance is immediately necessary for the preservation of the public peace, health, safety and
welfare of the Avon community; and
WHEREAS, this Emergency Ordinance is adopted by the unanimous vote of the
Councilmembers present minus one in accordance with Section 6.6(a) of the Avon Home Rule
Charter.
an
Ord 10 -15 Emergency Ordinance PZC Version 7 -22 -10 eJ h •
Page 1 of 4
la
• NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Repealed. Section 17.12.040(b) and Section 17.28.090 of the Avon Municipal
Code is hereby repealed in their entirety.
Section 3. Enacted. Section 17.12.025 Applications is hereby enacted to read as follows:
"17.12.025 Applications.
Any complete application that has been submitted for approval prior to the effective
date of the Avon Development Code or any amendment thereto, shall be reviewed in
accordance with the ordinance in effect on the date the application was deemed complete.
Any re- application of an expired project approval shall meet the standards in effect at the
time of re- application."
Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The
• Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5. Severability. If any provision of this Ordinance, or the application of such provision
to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect eight days after passage in
accordance with Section 6.6 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
• Ord 10 -15 Emergency Ordinance PZC Version 7 -22 -10 eJ h
Page 2 of 4
for the preservation of health and safety and for the protection of public convenience and •
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full and a statement that a complete copies of the
International Building Codes adopted by reference are available for inspection for public
inspection in the office of the Town Clerk during normal business hours and which notice shall •
contain .
[signature page follows]
Ord 10 -15 Emergency Ordinance PZC Version 7 -22 -10 e'h •
g J
Page 3 of 4
12
• INTRODUCED, APPROVED, AND ADOPTED ON FIRST AND FINAL READING AS
AN EMERGENCY ORDINANCE on July 27, 2010.
ATTEST:
Patty McKenny, Town Clerk
Ronald C. Wolfe, Mayor
APPROVED AS TO FORM:
Eric Heil, Town Attorney
• Ord 10 -15 Emergency Ordinance PZC Version 7 -22 -10 eJ h
Page 4 of 4
(3
TOWN OF AVON, COLORADO •
ORDINANCE NO. 10 -15
SERIES OF 2010
AN EMERGENCY ORDINANCE AMENDING THE AVON
MUNICIPAL CODE BY REPEALING SECTION 17.12.040(B) AND
AMENDING SECTION 17.28.090
WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning
the use, subdivision and development of real property is provided by Article XX of the Colorado
Constitution and the Town of Avon home rule charter; Article 20 Local Government Regulation
of Land Use of Title 29, Colorado Revised Statutes; and Article 15 Exercise of Municipal
Powers, Article 16 Ordinances — Penalties, and Article 23 Planning and Zoning of Title 31,
Colorado Revised Statutes; and other applicable state and federal laws and regulation; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Planning and Zoning Commission held public
hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public
comments received and testimony and materials provided by Town Staff provided a
recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and
provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and
17.28.090 of the Avon Municipal Code and adopt provisions which validates all existing
approved development and building permits and which permits all applications to be reviewed
according to the ordinance and regulations existing at the time such applications are submitted; •
and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code, the Avon Town Council held a public hearing on July 27, 2010 and considered all public
comments received and all testimony and materials provided by Town Staff prior to making a
decision; and
WHEREAS, the Town Council finds that due to the severe slowdown in national, regional
and local economic conditions the validation of existing development and building permits and
ability of pending development applications to proceed efficiently and without delay is essential
to avoiding the exacerbation of adverse economic conditions or delay in improvement of
economic conditions, and therefore finds that the adoption of this Ordinance as an emergency
ordinance is immediately necessary for the preservation of the public peace, health, safety and
welfare of the Avon community; and
WHEREAS, this Emergency Ordinance is adopted by the unanimous vote of the
Councilmembers present minus one in accordance with Section 6.6(a) of the Avon Home Rule
Charter.
Ord 10 -15 Emergency Ordinance Dev Code Version 7 -22 -10 ejh •
Page 1 of 4
it
• NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Repealed. Section 17.12.040(b) of the Avon Municipal Code is hereby repealed in
its entirety.
Section 3. Amended. Section 17.28.090 Temporary Suspension of Building Permits is
hereby enacted to read as follows:
"17.28.090 Temporary Suspension of Development Approvals.
Whenever the Council has initiated an application to amend the text of the Code, no
development application may be approved nor building permit issued which does not
comply with the regulations, standards, or permitted uses set forth in the proposed
amendment. The date of such temporary suspension shall begin on the day that the
proposed amendment is in a complete ordinance form and is made available to the public.
The temporary suspension shall remain in effect for a maximum duration of six (6)
months."
• Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The
Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5. Severability. If any provision of this Ordinance, or the application of such provision
to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect eight days after passage in
accordance with Section 6.6 of the Avon Home Rule Charter.
• Ord 10 -15 Emergency Ordinance Dev Code Version 7 -22 -10 eJ h
Page 2 of 4
l,j
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this •
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a •
statement that a copy of the ordinance in full and a statement that a complete copies of the
International Building Codes adopted by reference are available for inspection for public
inspection in the office of the Town Clerk during normal business hours and which notice shall
contain .
[signature page follows]
Ord 10 -15 Emergency Ordinance Dev Code Version 7 -22 -10 e'h •
g J
Page 3 of 4
/(;p
• INTRODUCED, APPROVED, AND ADOPTED ON FIRST AND FINAL READING AS
AN EMERGENCY ORDINANCE on July 27, 2010.
ATTEST:
Patty McKenny, Town Clerk
LJ
Ronald C. Wolfe, Mayor
APPROVED AS TO FORM:
Eric Heil, Town Attorney
• Ord 10 -15 Emergency Ordinance Dev Code Version 7 -22 -10 eJ h
Page 4 of 4
11
• Memorandum
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager `
From: Sally Vecchio, Asst. Town Manager — Community Development
Date: October 19, 2010
Re: Second Reading of Ordinance 10 -14 Amending the Avon Municipal Code by Enacting
Title 7: The Avon Development Code, Repealing Title 16: Subdivisions, Repealing
Title 17: Zoning, and Repealing Portions of Title 2: Administration and Personnel.
Summary
This is the second reading by the Avon Town Council of Ordinance 10 -14, adopting the Avon Development Code
and repealing Title 16 (Subdivision), Title 17 (Zoning) as well as related sections of Title 2 (Administration &
Personnel), Title 5 (Building and Construction) and Title 8 (Health and Safety) of the Avon Municipal Code.
Background
On July 6, 2010, the Planning and Zoning Commission (PZC) approved Resolution 10 -03 recommending
adoption of the Avon Development Code with conditions. The Town Council began its review of the Code on
July 23, 2010. After considering the PZC recommendation and all public comments, the Council completed its
review of the proposed Code on August 24'h and directed staff to prepare a revised Code for a first reading of
Ordinance 10 -14, adopting the Avon Development Code.
•The Council approved the first reading of Ordinance 10 -14 on September 28`h, and agreed to additional Code
revisions as described in the Town Attorney's memorandum dated October 5, 2010, and the Community
Development memorandum dated October 10, 2010.
In addition, staff added a definition of "Out Parcel" and clarified that Revocation of a Final PUD (Sec 7.16.0600)),
is applicable only to PUD's with an underlying zoning classification.
Grammatical and typographically errors have also been corrected.
Manager Comments:
t
Attachments:
Exhibit A - Ordinance 10 -14
•
TOWN OF AVON, COLORADO
ORDINANCE NO. 10 -14
SERIES OF 2010
AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY
ENACTING TITLE 7: THE AVON DEVELOPMENT CODE;
REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE 17:
ZONING; AND, REPEALING PORTIONS OF TITLE 2:
ADMINISTRATION AND PERSONNEL
WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the
use, subdivision and development of real property is provided by Article XX of the Colorado
Constitution and the Town of Avon home rule charter; Article 65.1 Areas and Activities of State
and Local Interest, Article 65.5 Notification of Surface Development, Article 67 Planned Unit
Development Act of 1972, and Article 68 Vested Property Rights of Title 24, Colorado Revised
Statutes; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised
Statutes; and Article 12 Annexation — Consolidation — Disconnection, Article 15 Exercise of
Municipal Powers, Article 16 Ordinances — Penalties, Article 20 Taxation and Finance, Article
23 Planning and Zoning, and Article 25 Public Improvements of Title 31, Colorado Revised
Statutes; and other applicable state and federal laws and regulation; and
w
•
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Planning and Zoning Commission held public •
hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public
comments received and testimony and materials provided by Town Staff provided a
recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and
provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and
17.28.090 of the Avon Municipal Code; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Town Council held public hearings on July 27,
2010; August 10, 2010; August 17, 2010; August 24, 2010; August 31, 2010; September 28,
2010; October 12, 2010; and October 26, 2010, and considered all public comments received and
all testimony and materials provided by Town Staff prior to making a decision; and
WHEREAS, the Town Council finds that the adoption of the Avon Development Code will
implement the Avon Comprehensive Plan, including all related plans and amendments thereto,
and will thereby promote the health, safety and general welfare of the Avon community; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on first reading does not constitute
•
Ord 10 -14 Adopting Avon Development Code 10 -20 -10 ejh
Page 1 of 4
e
• a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Repealed. The following portions of the Avon Municipal Code are hereby repealed
in their entirety: Chapter 2.16 Planning and Zoning Commission; Chapter 2.20 Board of
Building Appeals; Title 16: Subdivisions and Title 17: Zoning.
Section 3. Enacted. Title 7: Avon Development Code, attached to this Ordinance as Exhibit
A is hereby enacted.
Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The
Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
• corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5. Severability. If any provision of this Ordinance, or the application of such provision
to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Ord 10 -14 Adopting Avon Development Code 10 -20 -10 ejh
Page 2 of 4
Section S. No Existing Violation Affected. Nothing in this Ordinance shall be construed to •
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[signature page follows]
•
Ord 10 -14 Adopting Avon Development Code 10 -20 -10 ejh
Page 3 of 4
• INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for October 26,
2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on October 12, 2010.
•
•
Brian Sipes, Mayor Pro -Tem
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on October 26, 2010.
Brian Sipes, Mayor Pro -Tem
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 10 -14 Adopting Avon Development Code 10 -20 -10 ejh
Page 4 of 4
Sally Vecchio
From: Chuck Madison [cmadison @eastwestpartners.com] •
Sent: Thursday, October 21, 2010 9:48 AM
To: Sally Vecchio
Cc: Larry Brooks; Eric Heil Email
Subject: Avon Development Code
Sally,
I noticed a couple of items in the land use code that you may want to take another look at:
Pg. 158 7.28.090(8)(4) Townhouse Design Standards
This section seems to encourage or require repetition of architectural elements "so it is evident where the unit begins
and ends ". You may want to consider emphasizing the language that suggests varying the offsetting building walls,
varying materials etc. and eliminating language that supports repetition of architectural elements. This would
encourage more variety and architectural interest for the building elevations in townhome projects.
Pg. 62 7.26.060(b)(5) Unified Control (of a PUD)
This section reads in part "The entire area of the proposed development shall be under single ownership or unified
control, such that there is a single entity having responsibility for completing the entire project."
This seems too broad. Perhaps it is meant to say that a single ownership is responsible for the infrastructure of a PUD.
Having a single ownership responsible for all infrastructure may even be difficult in some PUD's. •
In the Riverfront PUD, we have sold two parcels of land to Starwood Vacation Ownership so we as the master developer
are not "completing the entire project ".
Hope these comments are helpful.
chuck madison
east west
970.748.7582 o 1970.845.7205 f
po drawer 2770 1 126 riverfront lane 5th floor I avon, co 81620
www.eastwestparfners.com
•
A0
90'STUDIOS, INC.
ARCHITECTURE i DESIGN i STRATEGY
10119110
To: Town Council —Town of Avon
Re: Avon Development Code — September 21, 2010 TC Strikethrough Draft
Review Commentary
Page: l of 3
Upon a preliminary partial review of the referenced documents I respectfully submit the following comments for your consideration:
Pg 24 Definition: Basement
The International Building Code (IBC) defines basement as:
BASEMENT. That portion of a building that is partly or completely below giode(see' 1101yobovegiodd').
1 Even thought this is a land use code I believe that it is appropriate to have this type of definition coordinate with
the building code that will govern the structure that will be built on the land the land use code governs.
Pg 44/45 Include a definition for the term "Outparcel"
• Pg 144 (6) Question the term "better" in line 5. Who determines what this means? Is it more efficient, safer, easier to access?
Pg 145 (iii) There is no doubt that safety is a key concern in driveway design. This particular revised clause creates the
unintended consequence of potentially creating larger (higher and longer) retaining walls to contain the driveway
design required by this language. The Town of Avon Planning and Zoning Commission has been working to mitigate
the visible impact of long and high retaining walls whether concrete, stone or MSE (Mechanically Stabilized Earth —
commonly known as keystone blocks) as a significant concern in residential lot development specifically in Wildridge.
There are alternatives to the proposed language that can meet both the safety and design criteria we all seek.
Pg 157 (h) (iii) Why are we preventing property owners from removing dead plant materials from their site, or more specifically
placing the control of that activity on the desk of the Community Development Director? This seems to be a very
unnecessary bit of site control that does not currently exist.
Pg 166 (9) To be sure I strongly support providing solar access to sites. When we use the language that is currently added in red
in this specific section: "To ensure that optimal solar access and exposure is available for all sites and buildings." The
following should be considered.
1 There is no definition for solar access in article 7.08.010
Without a definition of solar access the proposed language could be construed as protecting daylighting access to a
ground floor retail space which could then be negatively impeded by proposed adjoining development that meets
the entitled height and size criteria.
This code should therefore probably clarify the type of solar access this language intends to address with this
language: solar renewable, daylighting, public space access or other.
agostudios.com
• studio 1970174BI9474
fax 1910114819416
2909 June Creek Trail #1
PO Box 18451
Avon, Colorado 8 1610
AESTUDIOS, INC
ARCHITECTURE i DESIGN i STRATEGY
10119110
To: Town Council —Town of Avon
Re: Avon Development Code — September 27, 201OTC Strikethrough Draft
Review Commentary
Page: 2 of 3
Pg 167 2.v When terms such as... "fn an equitable manner." This is a subjective definition and should be more clearly defined to
remove the subjective nature of this evaluation.
Pg 170 (4) It is my professional opinion the language reading "The contrast between buildings and the environment shall be
minimized" is unnecessary. This is covered in subsequent language of this article and article 4 iv in the some section.
Pg 180 (3) ii Define Outporcels
Pg 183 (4) 1 The term "positive' in line 2 is subjective and should be removed or more dearly defined
Pg 187 (D) This language should note the primary entry to these spaces should be from the sidewalk and should not prevent
secondary entry from a lobby or internal space.
Pg 187 (H) I don't think prohibiting all glass or all metal doors does anything to improve the architectural character of Avon and
would strongly urge this language be struck.
Pg 188 (viii) A Line 4: How do we define fake or faux materials?
Pg 188 (viii) B Masonry and Stone Veneer: This language overly regulates stone masonry, design, joints and types of coursing. I
believe we are trying to encourage stone masonry and we should define the general manner in which we want to
review the proposed masonry, rather than micro managing specifics.
Pg 190 (ix) C I understand why this language is in this document but do not heel it adequately describes what the Town is
attempting to achieve and would recommend the language be modified to more dearly identify the architectural
character we seek.
Pg 191(H)1 The language as currently written does not make compliance easy. Do we need a document from a window
manufacturer to state their product was specifically designed for the project in which that window is being installed?
Pg 191(H) 2 line 5: This does not complement the language previously cited on pg187 that prohibits all gloss or all metal doors.
agostudios.com
studio 1910114619414
fax 1910114819416
2909 June Creek Trail #1
F0 Box 18451
Avon, Colorado 81620
•
•
•
0 AJ�STUDIOS, INC
ARCHITECTURE 1 DESIGN i STRATEGY
10119110
To: Town Council — Town of Avon
Re: Avon Development Code —September 21, 2010 TC Strikethrough Draft
Review Commentary
Page: 3 of 3
Pg 192 (H) 3 Prescribing windows and limiting them to 25% to 50% of the upper facades is overly restrictive and does not
necessarily support new daylight ing requirements of codes currently being developed that promote daylighting.
Overly prescriptive language such as this should be replaced with language that more clearly defines intent and
provides an opportunity to promote a performance based compliance path to the code. This type of language is being
moved away from at a national code development level.
Pg 22101 How will the council define that an entity has adequate funding for road maintenance in perpetuity? While I
understand the concept the term perpetuity essentially means forever. Is that what is intended?
•
GENERAL
1 When we use subjective terms the code is more difficult to administer. I would recommend all subjective terms be removed from
the proposed code language.
Thank for t e opportu ity rovide this commentary / review for your consideration.
Christopher J. Gr n, AIA, 4ED AP
President
opostudlos.com
studio 1910114819414
fax 1910114819416
2909 Jose Creek Trail #I
PO Box 18451
Avon, Womb 81620
HEIL LAW
& PLANNING, LLC
MEMORANDUM 0
TO: Honorable Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: October 21, 2010
SUBJECT: Ordinance No. 10 -14 Adopting the Avon Development Code
Summary: This memorandum describes the voting requirements and procedural
considerations for second and final reading of Ordinance No. 10 -14 Adopting the Avon
Development Code and describes the request and response for Town Staff analysis
related to the Riverfront Village PUD.
Voting Procedures: Section 6.2 Voting of the Avon Home Rule Charter ( "Charter ")
states, "Every ordinance shall require the affirmative vote of a majority of the
membership of the entire Council for final passage." Section 4.1 Town Council of the
Charter defines Town Council as seven (7) members. In the absence of the Mayor, the
Mayor Pro -Tem has the power to break tie votes but shall not have a vote as a council
member when so acting, Section 4.5 Mayor Pro -Tem. Therefore, the passage of an
ordinance on second and final reading requires the concurring affirmative vote of four
(4) Council members NOT INCLUDING THE MAYOR PRO -TEM.
Procedurally, in the event that there are not four (4) concurring votes to approve
Ordinance No 10 -14 on Tuesday evening the following options remain:
1. Council can entertain a motion to reject Ordinance No 10 -14, which motion would
only require a majority vote of the voting members of Council present (i.e. 3
concurring votes). If this motion passed then the process to amend the Avon
Municipal Code would need to start at the beginning with a notice and public hearing
by the Planning and Zoning Commission, public hearing by Town Council, and
consideration of new ordinance.
2. Council can entertain a motion to continue the public hearing and consideration of
Ordinance No 10 -14 on second and final reading to the next regular Town Council
meeting on November 9, 2010.
3. Council can take no action, in which case Ordinance No 10 -14 would be deemed
rejected and the process to amend the Avon Municipal Code would need to start at
the beginning.
East West Partners: East West Partners requested an analysis by Town Staff of the
potential applicability of the Avon Development Code on the Riverfront Village PUD and
subdivision. Attached is the response letter which has been provided to Rick Travers,
representing East West Partners.
Thanks, Eric
Heil Law & Planning, IIC Eric Heil, Esq., A.I.C.P.
1499 Blake Street, Unit 1 -G Tel: 303.975.6120
Denver, CO 80202 eheil @ovon.org
•
•
•
r�
u
HEIL LAW
& PLANNING, LLC
Eric Heil, Esq., A.I.C.P.
1499 Blake Street, Unit 1 -G
Denver, CO 80202
October 21, 2010
Richard D. Travers, Esq.
Sherman & Howard L.L.C.
1000 S. Frontage Rd. W., Suite 200
Vail, CO 81657
Office: 303.975.6120
Fax: 720.836.3337
e -mail: ericheillaw @gmail.com
Sent via E -Mail: rtravers(2shermanhoward.com
RE: Riverfront Village PUD, Avon, Colorado
Dear Rick,
This letter responds to your request for an assurance by the Town of Avon that the Riverfront
Village PUD project is vested as defined and stated in the Amended and Restated Development
Agreement, The Confluence, dated March 14, 2006 ( "Development Agreement "). This letter
replaces and supersedes the previous letter I provided dated October 13, 2010, based upon
subsequent discussions.
As you may be aware, the Town of Avon has adopted a number of amendments to the Avon
municipal code since 2006, including revisions to the building code and vested property rights
regulations. Also, the Avon Town Council is currently considering the adoption of an Avon
:Development Code, which would revise and re- codify subdivision, zoning and certain
administrative provisions of the Avon Municipal Code.
The Development Agreement does establish a vested property right for a term of twelve
years. Paragraph 3.4 of the Development Agreement states as follows:
"3.4 Property Rights Vested. The rights identified below shall constitute the
vested property rights under this Agreement:
(a) The right to undertake and complete the development and use of the
property within the Confluence in the manner and to the extent set forth in and
pursuant to this Agreement and the Development Standards.
(b) The Town shall not initiate any zoning or land use action that would have
the effect of materially altering, impairing, preventing, diminishing, imposing a
moratorium on development, or otherwise delaying the development and use of
the property as set forth in this Agreement or the Development Standards."
Rick Travers
RE: Avon Development Code analysis
October 21, 2010
Page 2 of 8
•
The Development Agreement expressly allows the Town to apply newly enacted or revised
regulations to the Riverfront Village PUD provided that such regulations do not materially
impair the Owner's rights under the Development Agreement. Paragraph 3.8 states as follows:
"3.8 Compliance with General Regulations. Except as otherwise provided in
this Agreement or the PUD Development Plan, the establishment of vested
property rights under this Agreement shall not preclude the application on a
uniform and non - discriminatory basis of Town regulations of general applicability
(including, but not limited to, building, fire, plumbing, electrical and mechanical
codes, the Municipal Code, and other Town rules and regulations, except as
otherwise provided in this Agreement and the PUD Development Plan) or the
application of state or federal regulations, as all of such regulations exist on the
date of this Agreement or as may be enacted or amended after the date of this
Agreement, provided that such newly enacted or amended Town regulations shall
not directly or indirectly have the effect of materially altering, impairing
preventing, diminishing, imposing a moratorium on development, delaying or
otherwise adversely and materially affecting any of Owner's rights set forth in
this Agreement or the PUD Development Plan. Owner does not waive its right to
oppose the enactment or amendment of any such regulations." [emphasis added].
Therefore, in accordance with the language in the Development Agreement, the Town may •
apply newly enacted or amended regulations provided that such new regulations do not
materially impair, etc., Owner's vested property rights. The terms of the Development
Agreement and Development Standards in the Riverfront Village Subdivision PUD Development
Plan ( "PUD Plan ") define the vested property rights, as stated in paragraph 3.4 of the
Development Agreement. The application of new regulations which address matters that are not
specifically defined in the Development Agreement or Development Standards in the PUD Plan
and the determination of what constitutes a "material" impairment, etc., of vested property rights
ultimately cannot be determined until a specific application is submitted and the Town of Avon
renders a final decision on such application.
I acknowledge that you have expressed a different opinion on behalf of East West Partners
regarding the interpretation and application of vested property rights relative to the Riverfront
Village PUD and that we continue to disagree as to the scope and effect of such vested property
rights. Receipt by you of this letter and other recent communications discussing vested property
rights will not be deemed to in any way limit East West's right to assert its position relative to
these rights.
With the foregoing in mind, this letter outlines the Town Staff's understanding of the existing
approvals for the Riverfront Village PUD in relationship to the proposed Avon Development
Code. The existing Avon Municipal Code is referred to as "AMC." The proposed Avon
Development Code is referred to as "ADC."
•
Rick Travers
RE: Avon Development Code analysis
October 21, 2010
Page 3 of 8
•
ADC 7.16.020 General Procedures and Requirements. The general procedures and
requirements would apply to the Riverfront Village PUD with the exception that 7.16.020(h)
does not supersede the twelve year vested property right term.
ADC 7.16.060 Planned Unit Developments (PUD).
Review Criteria — Overall, I believe the review criteria in the ADC address similar subjects in the
AMC while improving the definition of such criteria. The PUD review criteria would only apply
to the review of applications to amend the Riverfront Village PUD and would not apply to
building permits, design review or other development application processes. A specific
comparison of the PUD review criteria in the ADC to the AMC is provided as follows:
7.16.060(e)(4)(i) — replaces 7.20.110(h)(6) and (8) and 17.28.085(3). This criteria requires a
finding that the PUD zoning is better than the underlying zoning.
7.16.060(e)(4)(ii) — this is a new criteria requires a finding that the PUD application would
promote the general health, safety and welfare. NOTE: This criteria is redundant with a
required general safety clause finding in the passage of ordinance, and is therefore intended as a
reminder of this required general findings.
• 7.16.060(e)(4)(iii) — in part, this provision is similar to 17.20.110(h)(1) (AMC states
"conformity" with Comprehensive Plan goals and objectives, ADC states "consistent" with Avon
Comprehensive Plan). Replaces 17.20.110(h)(2) "Conformity and compliance with ...design
theme of the Town ...." Replaces 17.20.110(h)(7) compatible with Transportation plan. This
criteria includes the purposes of the Development Code and the eligibility criteria in 7.16.060(b).
7.16.060(b)(4) and 7.16.060(e)(4)(vi) — replaces 17.20.110(h)(4). AMC states uses provide
compatible, efficient and workable relationship; ADC states PUD uses shall not "impede"
surrounding uses, and "not likely to result in significant adverse impact upon other property."
7.16.060(b)(8) and 7.16.060(e)(4)(v) — replaces 17.20.110(h)(5). AMC states identify, mitigate
and avoid impacts to natural and/or geologic hazards; ADC states site features would be
preserved which would otherwise be allowed by underlying zone district and "not likely to result
in significant adverse impacts" on natural environment.
7.16.060(e)(4)(iv) — replaces 17.20.110(h)(10) and (11). AMC states "Adequacy of public
services" and existing streets are "suitable and adequate." ADC states "will be available to serve
the subject property while maintaining adequate levels of service to existing development;"
7.16.060(e)(4)(vii) — replaces 17.20.110(h)(3). AMC states, "Design compatibility with
immediate environment, neighborhood and adjacent properties ...." ADC states, "uses ... will
be compatible in scale with uses or potential future uses ..."
Rick Travers
RE: Avon Development Code analysis
October 21, 2010
Page 4 of 8
•
7.16.060(b)(6) — replaces 17.20.110(h)(12) and 17.28.085. AMC demonstrates public purpose,
provides long -term economic, cultural or social community benefits, and results in better design,
etc. ADC states PUD provides benefit to general public which would otherwise be infeasible or
unlikely under the existing zoning.
17.20.110(h)(9) regarding phasing is not incorporated into the ADC.
7.16.060(b)(5) establishes a new requirement that requires unified control of the PUD to
complete the project.
Administrative Amendments — The provisions of paragraph 3.2(b) in the Development
Agreement supersede ADC 7.16.020(g) and therefore are not affected by the proposed Avon
Development Code. Paragraph 3.2(b) in the Development Agreement would not restrict or
prevent the owner of the Riverfront Village PUD from seeking administrative amendments in
accordance with ADC 7.16.020(g).
Revocation Procedures — 7.16.0600) Revocation of a PUD does not apply to PUDs with vested
property rights; rather, revocation is intended to apply to situations where zoning is changed to
PUD, the PUD is not constructed as proposed, and the Town desires to revoke the PUD and
revert to the underlying zoning.
7.16.110 Variance. The review criteria are the same in the ADC as the AMC, with the •
exception that 17.36.040(1) was not codified.
7.16.140 Vested Property Rights. AMC Chapter 7.14 Vested Property Rights was revised in
2006 and again in early 2009. The provisions for considering the forfeiture of a vested property
right establish notice and hearing procedures to afford a property owner due process rights. The
criteria for consideration of declaring a forfeiture tracks the language in the Vested Property
Rights Statute, i.e., "failure to abide by the terms and condition of the vested property right." I
acknowledge that you have expressed a different opinion on behalf of East West Partners with
respect to vested property rights and that you have reserved rights on behalf of your client as
discussed on page 2 of this letter.
The Town recognizes that the obligations set forth in section 3.5 of the Development
Agreement have been satisfied or are in compliance; therefore, the Town does not foresee any
issues arising from a "failure to abide by the terms and conditions" of the Development
Agreement.
Chapter 7.20 Zone District and Official Zoning Map and Chapter 7.24 Use Regulations are
not applicable to the Riverfront Village PUD.
Chapter 7.28 Development Standards.
is
Rick Travers
RE: Avon Development Code analysis
October 21, 2010
Page 5 of 8
•
7.28.020 Parking and Loading. The Parking standards set forth in the Development Standards
of the Riverfront Village PUD Plan supersede both the AMC and ADC with regard to "specific
requirements by use" and with regard to the dimensional standards for Lots 1 and 3 (General: 3.)
Due to the specificity of designs for Lot 4 and other information submitted during the approval
process for the Riverfront Village PUD, the Town Staff has determined that the loading
requirements in the proposed Avon Development Code are not applicable to Lots 4, 5, 6 and 7.
7.28.020(b)(5) Ownership. This provision would be applicable to the Riverfront Village PUD.
Table 7.28 -1 would be applicable to the Riverfront Village PUD; however, the stall width would
need to be scaled as applied to the Riverfront Village PUD to use the 8'9" wide stall width.
NOTE: The ADC permits narrower drive lanes than the Riverfront Village PUD Plan.
Many parking standards appear less stringent in the ADC (retail and office) and some
standards are more stringent (2 spaces per residence in ADC rather than 1.2 in PUD Plan).
7.28.0200) Bicycle facilities, 7.28.020(k) Design and Maintenance, and 7.28.020(1) Snow
Removal and Storage, would be applicable to the Riverfront Village PUD. Snow Storage is
similar to the requirement set forth in the definition of Snow Storage in AMC 17.08.775.
• 7.28.050(f) Parking Lot Landscaping establishes new standards for parking lot landscaping
which replaces 17.24.020(a)(11). The AMC states that parking lot landscaping "shall be in
keeping with the character of the Town." The ADC establishes specific standards.
7.28.030 Access Drive Requirements. The Riverfront Village PUD Plan designates the vehicle
accesses on Page 3 of the Riverfront Village PUD Plan and the streets with driveway cuts have
already been constructed. The ADC standards for vehicle access would not apply unless a
substantial change in the location and/or use of the property was proposed.
7.28.040 Mobility and Connectivity. The Riverfront Village PUD already addressed this issue
with overall site layout, pedestrian connection across the railroad, connection to the river trail
through public plaza, and dedication of river front area. This standard is not applicable.
7.28.050 Landscaping. The landscaping standards found in the ADC are more restrictive and
specific than those found in Title 17 and apply to all new development. The Riverfront Village
PUD would meet the standards in the ADC provided the "master landscape and public design
plan" referenced in General Note 15 on the PUD (Riverfront Subdivision and PUD Development
Plan, Ord. 06 -03) is implemented with new development in the PUD.
7.28.060 Screening. The ADC contains greater specificity than Title 17 and would apply to
new development in the Riverfront Village PUD except as otherwise depicted on the "master
landscape and public design plan" referenced in General Note 15 on the Riverfront Village
• PUD.
Rick Travers
RE: Avon Development Code analysis
October 21, 2010
Page 6 of 8
7.28.070 Retaining Walls. The standards in the ADC are less stringent than the existing AMC.
The new retaining wall standards would be applicable to the Riverfront Village PUD except as
otherwise specified on Sheet 2 of the Riverfront Village PUD (I1.4 and II.C.2) and according to
General Note 15 on the Riverfront Village PUD, as stated above.
7.28.080 Fences. This provision would apply to the Riverfront Village PUD.
7.28.090 Design Standards. Neither the Development Agreement nor the Riverfront Village
PUD Plan includes a clear statement as to the relationship or hierarchy of the Design Standards
on Sheet 2 of the Riverfront PUD Plan. The Development Agreement expressly references the
"Development Standards" rather than the " Riverfront PUD Plan" (see Development Agreement
paragraphs 3.3 and 3.4). Regardless of whether the "Design Standards" are vested, the Design
Standards are approved in the Riverfront Village PUD Plan; therefore, the Riverfront Village
PUD Plan Design Standards apply so long as the PUD zoning is in effect. I acknowledge that
you have expressed a different opinion on behalf of East West Partners regarding the
interpretation of whether the Design Standards are vested under the Development Agreement and
that you have reserved rights on behalf of your client as discussed on page 2 of this letter.
•
Due to the extensive and specific nature of the Design Standards on page 2 of the Riverfront
Village PUD Plan many aspects of design as set forth in the existing Design Guidelines and
proposed Design Standards in the ADC are addressed in the Riverfront Village PUD Plan Design •
Standards.
Most of the requirements in 7.28.090(c) Generally Applicable Design Standards are not
applicable because these design issues have been addressed and approved in the Riverfront
Village PUD, including:
(1) Site Disturbance Envelope,
(2) Site Design,
(3) Building Materials and Colors, and
(4) Roofs
7.28.090(c)(5) Weather Protection for Pedestrian Access would apply to the Riverfront
Village PUD.
7.28.090(d) Generally Applicable Residential Design Standards. These standards would only
apply to the townhome portion of the Riverfront Village PUD. Most aspects of the Residential
Design Standards are already addressed in the Riverfront Village PUD Design Standards, and are
therefore not applicable. 7.28.090(d)(4)(v) [materials for fences] is not addressed in the
Riverfront Village PUD Design Standards, therefore this standard would be applied the
Riverfront Village PUD for the townhome portion of the development. •
r
Rick Travers
RE: Avon Development Code analysis
October 21, 2010
• Page 7 of 8
7.28.090(h) Multi- Family Design Standards. This design standard in the AMC would only
potentially apply to residential development on Lots 4, 5, 6 and 7. (1) Site Layout is not
applicable because the building footprints are already designated on the Riverfront Village PUD
Plan. (2) Patios and Balconies would be applicable for residential development. This
requirement would not apply to "accommodation units" as defined in the ADC. The ADC
establishes an Alternative Equivalent Compliance process whereby an applicant can propose
alternatives to the balcony requirement. (3) Common Areas would apply; however, any
residential development on Lots 4, 5, 6 and 7 would be entitled to apply any common area, patio
and /or balcony area in the Riverfront Village PUD project. (4) Building Design would apply as
supplemental requirements; however, Town Staff acknowledges and understands that the Design
Standards on page 3 of the Riverfront PUD permits architectural variation from the hotel and
accommodations development on Lots 1, 2 and 3 with the architecture on Lots 4, 5, 6 and 7.
7.28.090(i) Residential Parking Location and Layout. These standards would not apply
because they would only be potentially applicable to Lots 5, 6 and 7 which already indicate
building layout, driveway accesses and garage orientation.
7.28.0906) Mixed -Use and Non - Residential Design Standards. The standards set forth in this
section are not applicable because they are already addressed in the Riverfront Village PUD
• Plan, including (3) Site Layout and Design, (4) Building Layout and Design, and (5) Scale
and Massing, with the exception that the application of 7.28.090(4)(vii) Storefronts and
Pedestrian Entrances would be applicable for mixed -use, non - residential development on Lots
4, 5, 6 and 7 because this level of detail has not yet been addressed.
7.28.100(a) Steep Slopes is not applicable to the Riverfront Village PUD because the Town has
already approved the subdivision and PUD Plan with building footprints sited. The steep slope
standards in ADC 7.28.100, 7.28.090, 7.28.030, 7.28.020 and other provisions of the ADC
discussing steep slopes would also not apply to applications for minor subdivision, major
subdivision, adjustments to interior side lot lines on Lots 4, 5, 6 and 7, or amendments to the
Riverfront Village PUD which collectively or individually do not propose increases to maximum
density or maximum site coverage.
7.28.100(b) Stream, River, Waterbody and Wetlands is not applicable to -the Riverfront
Village PUD project because river set back and protection has already been addressed.
7.28.100(c) Grading, Erosion Prevention and Sedimentation Control would be applicable to
the Riverfront Village PUD.
7.28.100(d) Flood Damage Prevention is not applicable to the Riverfront Village PUD because
the platted lots do not include any floodzone areas.
• 7.28.100(e) Geologic Hazard Areas is not applicable to the Riverfront Village PUD because the
property is subdivided and there are no known geologic hazard areas.
Rick Travers
RE: Avon Development Code analysis
October 21, 2010
Page 8 of 8
•
7.28.100(f) Scenic Views is a reserved heading with no regulations and is therefore not
applicable.
7.28.100(g) Alternative Energy System Standards would only apply if the Riverfront Village
PUD proposed to develop alternative energy systems.
7.32.020 Layout and Design is not applicable because the Riverfront Village PUD is already
subdivided.
7.32.030 Streets is not applicable because the streets are already constructed.
7.32.040 Paved Trail Design is not applicable because the trail has already been constructed.
7.32.050 Storm Water Drainage is not applicable because storm water infrastructure is already
approved and installed.
7.32.060 Utility Requirements is not applicable because utilities are already installed.
7.32.070 Water and Sewer Service is not applicable because water and sewer service is already
installed. •
7.32.080 School Site Dedication is not applicable because the property is already annexed and
subdivided.
7.32.090 Park Land Dedication is not applicable because the project is already subdivided.
Please feel free to contact me if you have any questions regarding this letter or wish to
discuss the applicability of the pending Avon Development Code to the Riverfront Village PUD
proj ect.
X ��
l,
Avon Town Attorney
I have reviewed this letter and concur with the statement provided herein as the Director of
Community Development f r-rhA Town of Avon.
rry Brooks, Tow--- Manager
on Behalf of e Avon Community Development Department •
Memorandum
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
From: Sally Vecchio, Asst. Town Manager — Community Development
Date: September 21, 2010
Re: Public Hearing to Consider First Reading of Ordinance 10 -14 Amending the Avon
Municipal Code by Enacting Title 7: The Avon Development Code, Repealing Title 16: Subdivisions,
Repealing Title 17: Zoning, and Repealing Portions of Title 2: Administration and Personnel.
Summary
This is the first reading by the Avon Town Council of Ordinance 10 -14, enacting the Avon Development Code and
repealing Title 16 (Subdivision), Title 17 (Zoning) as well as related sections of Title 2 (Administration &
Personnel), Title 5 (Building and Construction) and Title 8 (Health and Safety) of the Avon Municipal Code.
Ordinance 10 -14 is attached as Exhibit A.
Written public comments received by the Community Development Department before 5:00 pm on September 23,
2010 are attached as Exhibit B. Written comments received after this time will be provided to Council at the
meeting.
Background
On July 6, 2010, the Planning and Zoning Commission (PZC) approved Resolution 10 -03 (Exhibit C)
recommending adoption of the Avon Development Code with conditions.
The Town Council began its review of the Code on July 23, 2010. After considering the PZC recommendation of
approval and all public comments the Council completed its review of the proposed Code on August 24, 2010 and
directed staff to prepare a revised Code for a first reading to consider Ordinance 10 -14, adopting the Avon
Development Code. All written public comments provided during the Council review can be found on the Town's
webpage.
SUMMARY OF KEY REVISIONS
Below is summary of the key revisions to the Code that the Council agreed on hearing staff recommendations and
public comments. Additional background information is also provided for the following Code revisions: the new
Housing Mitigation requirement for commercial development, the Duplex Subdivision Criteria, and the Design
Standards.
GENERAL PROVISIONS (Chapter 7.04)
Clarifies that the Avon Comprehensive Plan is binding, and that compliance and consistency with the Plan shall
be a criterion for reviewing development applications (Sec 7.04.090).
Non - Conforming Structures (Sec 7.04.120)). Revised to allow additions or alternations to non - conforming
structures which meet the requirements of the new Code.
DEVELOPMENT REVIEW PROCEDURES (Chapter 7.16)
Referrals to Other Agencies (Sec 7.16.020(c)(2)). Includes timeframe for outside agency review.
Public Notice (Sec 7.16.020(d)(2)). Revised to require Town to be responsible for mailing public notices at
applicant's expense.
Public Hearing (Sec 7.16.020(e)). Revised to require scheduling of a public hearing within 75 day of Town
acceptance of a complete application.
Code Text Amendment (Sec 7.16.040) Revised to permit Avon property- owners and any registered elector to
propose an amendment to the Development Code.
Planned Unit Development (Sec 7.16.060)
• Revised to permit all property in the Town to be eligible to apply for a PUD approval;
• Revised to allow a PUD approval to include reduced parking requirements and road pavement widths.
Subdivisions (Sec 7.16.070)
• Applicability expanded to include subdivision of condominiums, apartment or other multiple dwelling
units, or the creation of estate in airspace.
• Duplex Subdivision has been added as a subdivision category requiring Final Plat approval by the PZC
with appeal to the Town Council.
• Ability to Service letter from appropriate utilities required for Final Plat approval.
• Duplex Subdivision Criteria (Sec 7.16.070(8)). A purpose statement has been included, along with a
minimum lot size and maximum unit size requirement, building envelope requirements, a neighborhood
compatibility requirement, and a single access requirement.
Duplex Subdivisions
During it review of the Code, the Council directed staff to work with PZC to develop criteria that
would address the past problems that property - owners and the Town have encountered with
considering whether to approve a subdivision of duplex lot into to two single - family lots. Council
noted that his has been a particular concern in the Wildridge community, which is governed by
development regulations of the Wildridge PUD.
If a duplex lot is part of an approved PUD, such as the Wildridge PUD, the change in use and
housing type from duplex use to single family use may require a PUD amendment before a
Final Plat is approved.
The Town's current PUD amendment process requires that the amendment or change in the
PUD provide a public benefit, in accordance with the Sec 17.28.085, AMC. The public benefits
criteria have historically been addressed by the applicant offering to give up some density rights
or to provide a deed - restricted unit in exchange for a re- subdivision. The public benefit criteria
are difficult to address with a duplex subdivision given the low density to begin with. In addition,
residents in Wildridge have expressed concerns that such subdivisions only create more large
clustered homes, which is inconsistent with the primary tenets of the Wildridge Design
Guidelines, which are to preserve existing land forms and minimize the visual impact of
development.
The proposed PUD Amendment process requires approval by the Town Council but does not
include the public benefit requirement. The Final Plat process for Duplex Subdivision has been
revised to require approval only by the PZC. These processes provide sufficient opportunity for
public review and evaluation of the specific site considerations and the proposed development
criteria.
The criteria for reviewing a Duplex Subdivision was base on what PZC believed to be the
purpose of permitting such subdivisions, which is to break up the bulk and mass of larger duplex
structures, and to ensure adequate separation between the proposed single family homes.
2
Appeal Procedures (Sec 7.16.160) have been clarified to require Council to conduct a public hearing within 45
days of a written request for appeal.
ZONING DISTRICTS AND OFFICIAL ZONING MAP (Chapter 7.20)
Mixed Use Commercial Districts (Sec 7.20.080)
The following revisions were made to all three commercial zone districts (Neighborhood Commercial, Mixed Use
Commercial and Town Center):
• Floor Area Ratios (minimum and maximum) and Max Dwelling Unit requirements were removed and a
provision added that dedication of water rights was a requirement for development which exceed the
Single Family Equivalent (SFE) water right allocations for the lots.
• Maximum Lot Coverage was reduced back to existing conditions with a provision that would allow greater
lot coverage if employee housing is provided in accordance with the development bonus criteria.
• In the Town Center Zone District - development which exceeds 50% lot coverage must meet the Housing
Mitigation Requirements (Sec 7.20.080 (c)(1), which requires mitigation in the amount of 10% of the
estimated number of employees generated by the development. On -site mitigation is preferred, although
the Council may consider off -site housing or cash -in -lieu.
• The Development Bonus Requirements were removed.
COMMERCIAL ZONE DISTRICTS & HOUSING MITIGATION REQUIREMENTS
The Council did not find that the FAR and Bonus Development provisions furthered the Town's goals of
providing more density and affordable housing opportunities in the Town's commercial areas (particularly
Town Center
Accordingly, the Council directed staff to revise the Commercial Zone District regulations to 1) permit
increases in residential density with sufficient water rights and 2) to allow development to build up to the
maximum height, setbacks and lot coverage of the zone district, without having to provide a public
benefit. If a development wants to modify the zone district regulations, then the PUD process is
available.
In addition, the Council felt that commercial development projects should be required to mitigate housing
demand created by their projects, rather than making it a public benefit option associated with a
development bonus for the project.
Accordingly, a Housing Mitigation Requirement was included in the Code, which is triggered when a
developer wants to increase the maximum lot coverage requirements. In this case, an applicant would
be required to provide housing sufficient to mitigate at least 10% of the estimated number of employees
generated by the development.
DEVELOPMENT STANDARDS (Chapter 7.28)
Driveways in Mountainous Terrain (Sec 7.28.030(d)(2).
• Applicability was revised to include lots with slopes in excess of 30% (previously 50 %).
• The criteria for driveways crossing steep slopes were revised and the approval was changed from Town
Engineer to PZC.
• The length of shared drive lanes was increased from 500 ft to 1,000 ft.
Mobility and Connectivity (Sec 7.28.040)
• Weather Protection for Pedestrian Areas was moved to Design Standards.
3
Landscaping (Sec 7.28.050)
• Permission from Director required prior to removing any native landscaping (dead or alive).
• Retaining Walls. Limit on number of terraces removed, and walls over 7ft high are permitted with PZC
approval.
Design Standards (Sec 7.28.060)
• Optimal solar access was added to list of purpose statements.
• Generally Applicable Standards
• Construction activity is permitted in Site Disturbance Envelope with PZC approval.
• Building Materials — requirement that all structures must include at least 2 exterior materials,
deleted. Cementious board added to permitted materials.
• Weather Protection for Pedestrian Areas added (moved from Mobility /Connectivity).
• Maximum Length of Roofline removed.
• Materials and Colors added.
• Residential Design
• Maximum Building Length removed.
• Building Height on Steep Slopes was revised. Specific setback requirements were removed, and
pictures of preferred design were added.
• Building Design. Specific dimensional requirements were removed, and pictures of preferred
design were added.
• Material and Colors moved to General Design Standards.
• Single Family Duplex Design. Specific dimensional requirements for front door entries were
removed, and pictures of preferred design were added.
• Townhouse Design. Specific dimensional requirements for front door entries landscaped areas,
garage configurations, driveways, and building design were removed, and pictures of preferred
design were added.
• Multifamily Design. Specific dimensional requirements for front door entries landscaped areas,
garage configurations, driveways, and building design were removed, and pictures of preferred
design were added.
• Residential Parking. Specific dimensional requirements were removed, and pictures of preferred
design were added.
• Mixed -Use and Non Residential Design.
• Four sided Architecture, revised to design with "equal care ".
• Consistent Architectural Design changed to Compatible Design.
• Vertical and Horizontal Articulation changed to Scale and Massing.
• Entrance Orientation changed to Storefronts and Pedestrian Entrances.
■ Storefront entrance intervals changed from 50 ft to 32 ft.
• Building Materials was revised to require materials that are authentic and used to reflect their own
identity.
• Roofs. Pitched roofs required and overhang length revised.
• Windows. All building along Main St., Benchmark Rd., Lettuce Shed Lane and E. Beaver Creek
Blvd. shall incorporate large display windows at ground levels. All dimensional requirements
removed.
• Deck and Balconies revised to require solar orientation when possible.
DESIGN STANDARDS
The Council agreed that including design standards for new development in the proposed Code was the
most effective way of implementing the Town's goals for land use and development.
Council further agreed that the design standards should be revised to provide a more general statement of
intent, remove most dimensional requirements, and provide pictures and diagrams to show preferred and
not preferred design options.
The Design Standards have been revised and pictures and diagrams related to specific standards can be
found in Appendix A Residential Design Guidelines and Appendix B Commercial Design Guidelines.
Natural Resource Protection (Sec 7.28.100)
• Steep Slopes: Applicability changed to new subdivisions and rezonings and includes all lots with 30%
slopes. Cuts shall not exceed a slope between 25% and 50% without soils engineering approval.
• Streets Roads General Site Access. Max, street length requirement for streets on steep slopes
removed. Approval for streets on steep slopes changes from Director to PZC.
• CORRECTION: SECTION 7.28.100(a)(3) (i) Standards. Development on natural slopes of 40%
or greater is prohibited for new subdivisions. PUD amendments and zoning amendments.
• Riparian Protection Buffer
o Revised to give Director the authority to request a survey of riparian zones for PUDs, subdivisions
and rezoning applications. Clarified method for controlling and maintaining noxious weeds.
• Grading, Erosion Prevention and Sedimentation Control
• Applicability changed from disturbing more than % acre to'/ acre.
• Cut and Fill. Retaining walls and other similar methods may be used to stabilize slopes steeper
than 2:1 (changed from 3:1).
ENGINEERING IMPROVEMENT STANDARDS (Chapter 7.32)
• Lots. Applicability change to exclude condominium and duplex subdivisions in conformance with their
preliminary plan.
• Building Envelopes. Clarified that regulations apply to all lots with natural hazards, slopes steeper than
30 %, or floodplains. Size of building enveloped revised to 2,500 sf with a minimum dimension of at least
25 ft.
• Streets. Definition of Neighborhood Street added.
• Right of Way. Approval of private right -of -way requires evidence of adequate funding for continued and
on -going operations and maintenance.
• Water Supply Requires applicant to obtain conditional ability to serve letter at preliminary review.
Adequacy of Water Supply shall be based on per capita water usage for residential uses less than
3,000 sf and engineer calculations for other uses.
• School Sites. Added Charter Schools an entity that the Town may convey a school site to, with
conditions. Cash -in -lieu criteria revised and Use of Funds clarified.
• Park Land Dedications. Public cemetery added as acceptable use for dedicated park land. Cash —in-
lieu procedures revised to include how the funds may be used (Use of Funds) and the process for the
payor of cash -in -lieu funds to the Town to demand that the town expend the funds (Demand for
Expenditure or Reimbursement).
• A process and standards for the Conveyance of Public Right of Way and Land was added.
1041 REGULATIONS
• Additional Provisions Applicable to Major Facilities' of a Public Utility added.
Recommended Action:
Staff believes that the Code has adequately addressed the objectives of the Code revision project and has
provided sufficient opportunity for public review and comment.
Staff therefore recommends that Council approve Ordinance 10 -14 on its first reading.
Town Manager Comments:
5
Exhibit A
TOWN OF AVON, COLORADO
ORDINANCE NO. 10 -14
SERIES OF 2010
AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY
ENACTING TITLE 7: THE AVON DEVELOPMENT CODE;
REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE 17:
ZONING; AND, REPEALING PORTIONS OF TITLE 2:
ADMINISTRATION AND PERSONNEL
WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the
use, subdivision and development of real property is provided by Article XX of the Colorado
Constitution and the Town of Avon home rule charter; Article 65.1 Areas and Activities of State
and Local Interest, Article 65.5 Notification of Surface Development, Article 67 Planned Unit
Development Act of 1972, and Article 68 Vested Property Rights of Title 24, Colorado Revised
Statutes; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised
Statutes; and Article 12 Annexation — Consolidation — Disconnection, Article 15 Exercise of
Municipal Powers, Article 16 Ordinances — Penalties, Article 20 Taxation and Finance, Article
23 Planning and Zoning, and Article 25 Public Improvements of Title 31, Colorado Revised
Statutes; and other applicable state and federal laws and regulation; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Planning and Zoning Commission held public
hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public
comments received and testimony and materials provided by Town Staff provided a
recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and
provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and
17.28.090 of the Avon Municipal Code; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Town Council held public hearings on July 27,
2010; August 10, 2010; August 17, 2010; August 24, 2010; August 31, 2010; September 28,
2010; and October 12, 2010, and considered all public comments received and all testimony and
materials provided by Town Staff prior to making a decision; and
WHEREAS, the Town Council finds that the adoption of the Avon Development Code will
implement the Avon Comprehensive Plan, including all related plans and amendments thereto,
and will thereby promote the health, safety and general welfare of the Avon community; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on first reading does not constitute
Ord 10 -14 Adopting Avon Development Code 9 -23 -10 ejh
Page 1 of 4
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Repealed. The following portions of the Avon Municipal Code are hereby repealed
in their entirety: Chapter 2.16 Planning and Zoning Commission; Chapter 2.20 Board of
Building Appeals; Title 16: Subdivisions and Title 17: Zoning.
Section 3. Enacted. Title 7: Avon Development Code, attached to this Ordinance as Exhibit
A is hereby enacted.
Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The
Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5. Severability. If any provision of this Ordinance, or the application of such provision
to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Ord 10 -14 Adopting Avon Development Code 9 -23 -10 ejh
Page 2 of 4
Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 9. Publication by PostinE. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[signature page follows]
Ord 10 -14 Adopting Avon Development Code 9 -23 -10 ejh
Page 3 of 4
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for October 12,
2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on September 28, 2010.
Ronald C. Wolfe, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on )2010.
Ronald C. Wolfe, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 10 -14 Adopting Avon Development Code 9 -23 -10 ejh
Page 4 of 4
Exhibit B
No Public Comments Received
as of 9/24/2010
Exhibit C
'SOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 10-03
A RESOLUTION RECOMMENDING APPROVAL OF AVON DEVELOPMENT CODE,
REPEALING AND RE- ENACTING TITLE 16: SUBDIVISIONS, AND TITLE 17:
ZONING; AMENDING PORTIONS OF TITLE 2: ADMINISTRATION & PERSONELL,
AND TITLE 15: BUILDING, AVON MUNICIPAL CODE, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, the Planning & Zoning Commission is appointed by Town Council to review,
make recommendations, and guide and accomplish a coordinated, adjusted and harmonious
development of the municipality and its environs, and
WHEREAS, the Town's zoning code and subdivision regulations have not been
comprehensively amended or revised since they were first adopted by the Town in 1979; and
WHEREAS, the calls for a comprehensive amendment of the zoning code and subdivision
regulations are long standing and evidenced by the recommendations of the 2006 Avon
Comprehensive Plan and other planning documents; and
WHEREAS, in 2008, the Town Council appointed a Zoning Advisory Committee comprised of
community representatives, including home builders, developers, planners, architects, and
elected and appointed officials; and
WHEREAS, the Town Council with the assistance of the Zoning Advisory Committee, zoning
consultants, and town staff conducted a through analysis of the current code, including
interviews with citizens and users of the code; and developed a strategic plan for revising the
regulations; and
WHEREAS, the Planning & Zoning Commission and Town Council held a series of eight
public workshops in April, May and June 2010 to review the initial draft of the Code; and
WHEREAS, a public hearing was held by the Planning & Zoning Commission on June 15 and
July 6, 2010, pursuant to notices required by law; and
WHEREAS, the Avon Development Code is consistent with purpose and intent of Title 17.28 of
the Avon Municipal Code regarding amendments to its zoning regulations.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the
Town of Avon, Colorado, hereby recommends approval of the Avon Development Code,
attached hereto as "Exhibit A ", citing the following findings:
1. The Avon Development Code is consistent with the 2006 Avon Comprehensive Plan,
The West Town Center Investment Plan; and The East Town Center Investment Plan;
and the adoption of the Code is necessary and desirable to effectively implement the
policies and vision of these adopted plans.
2. The Avon Development Code is necessary to respond to changed or changing conditions
in the town and promotes the type of development patterns that have emerged since the
current code was first adopted.
3. The Avon Development Code will result in development that is compatible with existing
and surrounding areas or uses and can be served by adequate public facilities.
4. The Avon Development Code reflects contemporary zoning and planning practices,
which include decreasing automobile use, sustainability, and pedestrian oriented
development.
5. The Avon Development Code consolidates the zoning code and subdivision regulations
into a unified set of regulations that are efficiently organized and improves the usability
of the Code.
6. The Avon Development Code furthers the public health, safety and general welfare of the
greater Avon community, including its residents, businesses, and industries.
and subject to the following conditions:
1. Add a Building Height Diagram to illustrate appearance of height. The definition shall
include retaining walls that are part of the base foundation of a structure.
2. The PZC believes there is a public need for limiting the maximum length along a street of
a duplex structure. Staff shall propose a maximum width to the Town Council.
3. The parking requirement for outdoor seating area be revised to exempt parking
requirements for the first 25% of the area.
4. Revise the parking requirement for group homes to require appropriate levels of parking.
5. The definition of solar arrays and solar collection systems should be revised to use the
terms, "ground mounted solar devices" and "building mounted solar devices ".
6 The definition of Caretaker Unit shall refer to kitchen facilities instead of cooking
facilities.
7. Section 7.28.050(ii)(A)(2) should be revised to ensure grammatical correctness.
8. Table 7.28 -7 be revised to eliminate points for lawn grass and add bonus for xerriscaping.
9. Clarify the intent of Section 7.28.050(A)(iv)(D)(1)(IV), the section concerning separation
of pedestrians in landscape strips and islands.
10. Add a cross reference within Town Center District Parking Lot Landscaping to Section
7.28.040.
11. Remove the phrase "for coniferous trees" from Section 7.28.050(a)(4)(i)(D)(1)(II)
12. Revise Section 7.28.050(a)(4)(i)(D)(3)(I) to add straw bale or equivalent requirement.
13. Revise Section 7.28.050(a)(4)(iv)(E) to establish maximum timeframe for temporary
irrigation.
14. Revise Section 7.28.050(b) to add language to provide for architectural features for
screening.
15. Strike reference to the section "Reserved" for Green Building techniques.
16 Correct typo, "Court Dive" on page 147 of the redline strikethrough revision.
17. Research Wildridge PUD definition of building heights as it relates to the wind energy
systems.
18. Revise Section 7.20. 1 00(d)(1)(iii) to include the CIP.
ADOPTED THIS 6h DAY OF JULY, 2010
Signed.
GO—" Date:
Vice Chair, bkOff een
Attest.
1
Date:
Secretary, Phil Struve