TC Ord. No. 2014-01 Amending Section 7.24.040 Tables Medical And Dental Offices And ClinicsTOWN OF AVON, COLORADO
ORDINANCE 14 -01
SERIES of 2014
AN ORDINANCE AMENDING SECTION 7.24.040, TABLE OFALLOWED USES,
AND TABLE 7.24 -1, ALLOWED USES, AVON DEVELOPMENT CODE TO LIST
MEDICAL AND DENTAL OFFICES AND CLINICS AS A SPECIAL REVIEW
USE IN THE PUBLIC FACILITIES ZONE DISTRICT
RECITALS
WHEREAS, the Town of Avon ( "Town ") adopted Ordinance No. 10 -14 adopting the Avon
Development Code ( "ADC ");
WHEREAS, the Town adopted the ADC and find that the text can be amended periodically
to address changed conditions;
WHEREAS, Jill Kovacevich, representing the Eagle County School District, owner of real
property in the Town of Avon, submitted a code text amendment ( "Application ") on December
3, 2013, pursuant to their powers granted by §7.16.040(a), Review Procedures, Avon Municipal
Code ( "AMC ");
WHEREAS, The Application would amend Section 7.24.040, Table of allowed uses, and
Table 7.24 -1, Allowed Uses, by adding Medical and Dental Office and Clinics as eligible for
Special Review Use permits in the Public Facility (PF) Zone District;
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing
on December 17, 2013, after publishing and posting notice as required by law, considered all
comments, testimony, evidence and staff reports provided by the Town staff, considered such
information prior to formulating a recommendation;
WHEREAS, after conducting the noticed Public Hearing, PZC made the required findings to
recommend approval of the application and adopted PZC Resolution 13 -07, recommending
approval to the Town Council;
WHEREAS, the Town Council of the Town of Avon held public hearings on January 14,
2014, January 28, 2014, and February 11, 2014 after posting notice as required by law,
considered all comments, testimony, evidence and staff reports provided by the Town staff prior
to taking any action on the Application;
WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has
considered the applicable review criteria for a Code Text Amendment and found the Application
in compliance with the review criteria;
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Ord No. 14 -01 Amending Table 7.24 -1, Allowed Uses, Avon Development Code
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon home rule charter and the Avon
Development Code 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 the proposed zoning or other matters in this
Ordinances.
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. Amendment to Section 7.24.040, Table of allowed uses and Table 7.24-1,
Table of allowed uses. Section 7.24.040, Table of allowed uses, and Table 7.24 -1, Table of
allowed uses, of the ADC is amended as follows:
Table 7.24 -1 Allowed Uses
P =Permitted Use ' S — Special RevimUse
Districts in Grp 1—are retired and not availah7 for rezoning
Residential
Non - Residential
Use Category
Use Type
RD
RL
RM
�
�
NC
MIC
TC
S('
P
PF
IC
OLD
Service
Financial IrLifttutima N%vhout
drive -thru
P
P
P
P
Food and
Bakeries
P
P
P
P
Beverage
Bars or taverns
P
P
P
P
P
Services
Coffee shops
P
P
P
P
P
Restaurant with drive -in or
drive -thru
S
S
S
S
S
Rest a ra®t without drive -in or
drive_thru
P
P
P
P
P
Health Cale
Medical meter, hospital
S
P
P
P
Facilities
UTW — fa lity
P
P
P
P
Medical and dental clinics and
o
P
P
P
P
S
Office
Administrative and professional
offices
P
P
P
P
Office with s %ioom for
warehouse facilities (ice
S
1
Recreation and
Outdoor Commercial recreation
P
P
P
Entertainment,
Riding a- = =: es
Outdoor
S
P
Section 3. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical,
grammatical, cross - reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
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Ord No. 14 -01 Amending Table 7.24 -1, Allowed Uses, Avon Development Code
Section 4. 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 5. Effective Date. This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. 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 7. 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 at the Avon Town Hall,
Avon Recreation Center and Avon Public Library, 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. The Town Clerk is further ordered to publish a notice stating a
vested property right has been created in accordance with Section. 7.16.140(d)(2) of the Avon
Municipal Code.
Section 8. Final Action. Approval and final adoption of this Ordinance on second reading
constitutes the Town's final action for the purposes of any appeal, legal challenge or referendum
seeking reconsideration of the decision of the Town Council with respect to this Ordinance and
matters approved hereby in accordance with Section 7.16.020(f)(5) of the Avon Municipal Code
and in accordance with Chapters VI and VII of the Avon Home Rule Charter.
[EXECUTION PAGE FOLLOWS]
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Ord No. 14 -01 Amending Table 7.24 -1, Allowed Uses, Avon Development Code
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED on January 14, 2014 and a public hearing on this ordinance shall be held at the regular
meeting of the Town Council on February 11, 2014, at 5:30 P.M. in the Council Chambers,
Avon Municipal Building, One Lake Street, Avon, Colorado.
Rich Carroll, Mayor
Published by posting in at least c places in Town and posting at the office of the Town
Clerk at least seven days priixay the Town Council.
ATTE A ROVED AS TO FORM:
I
ClerC qP�d
Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on the 11th day of February, 14.
ch Carroll, Ma or
Published by posting by title
office of the Town Clerk.
ATTE
Patty M nny#q4CIek
.a'��� OF AVp�
T6a' st three p
is places in Town and posting by title at the
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Ord No. 14 -01 Amending Table 7.24 -1, Allowed Uses, Avon Development Code