TC Ord. No. 2010-15 Emergency amending Avon Muni Code by repealing section 17.12.040b & 17.28.090 & Enacting Sec 17.12.025TOWN 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.
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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 September 30,
2010 shall be reviewed in accordance with the ordinance in effect on the date the
application was deemed complete."
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
for the preservation of health and safety and for the protection of public convenience and
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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]
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INTRODUCED, APPROVED, AND ADOPTED ON FIRST AND FINAL READING AS
AN EMERGENCY ORDINANCE on July 27, 20 O , _
I:1 -9mlys
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:SEAL-:
Wolfe, Mayor
APPROVED AS TO FORM:
, - " : 5: ��2 x r-'D
'Eric Heil, Town Attorney
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