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TC Ord. No. 2015-11 Amending Avon Municipal Code Table 7.16-1 and 7.16.060(b)(1) Concering Lot Split PUD Amendments to Wildridge PUDI l t Avo n COLORADO TOWN OF AVON, COLORADO ORDINANCE 2015 -11 AN ORDINANCE AMENDING AVON MUNICIPAL CODE TABLE 7.16 -1 AND SECTION 7.16.060(h)(1) CONCERNING LOT SPLIT PUD AMENDMENTS TO WILDRIDGE PUD WHEREAS, the Avon Town Council initiated an application ( "Application ") to amend the text of the Avon Development Code ( "ADC ") in accordance with Section 7.16.040 of the ADC; WHEREAS, the Application would amend Sections 7.16.060(h)(1) PUD Amendment Categories and 7.16.060(h)(2) Reviewing Authority and Table 7.16 -1, Development Review Procedures, in accordance with the Code Text Amendment; WHEREAS, the Avon Planning & Zoning Commission held a public hearing on September 29, 2015, 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, the Avon Planning & Zoning Commission held additional work sessions on January 5, 2016 and January 19, 2016 to consider additional public comments, testimony, evidence and staff reports provided by Town Staff; WHEREAS, after conducting the noticed Public Hearing and additional work sessions, PZC approved Resolution 16 -01 and made the required findings to recommend approval of the application to the Town Council; WHEREAS, the Town Council of the Town of Avon held public hearings on March 8, 2016, and March 22, 2016, and April 12, 2016 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, and specifically finds that the text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions and promotes 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 with state law, the Avon home rule charter and the Avon Ordinance No. 2015 -11— Wildridge Lot Split PUD Amendments SECOND READING —April 12, 2016 Page 1 of 6 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 Table 7.16 -1: Development Review Procedures and Review Authority. Table 7.16 -1, Development Review Procedures and Review Authority, of the ADC is amended to insert a new horizontal cell row adjacent to the category for Planned Unit Development, located below "Minor PUD Amendment" and above "Major PUD Amendment" and shall read "Lot Split PUD Amendment for Wildridge PUD" together with a cell for "R" under the Director column; a cell for "H -R" under the PZC column; and a cell for "H -D" under the TC column, to read as follows: Lot Split PUD Amendment for Wildridge PUD R H -R H -D Section 3. Amendment to Add a New Section 7.16.060(h) is hereby repealed in its entirety and re- enacted to read as follows: (1) PUD Amendment Categories. Categories of PUD amendments are established and defined as follows for the purpose of determining the appropriate review procedure: (i) Administrative Amendment. A proposed PUD amendment is considered administratively if it provides for the correction of any errors caused by mistakes that do not materially alter the substance of the PUD development plan as represented to the Town Council. (ii) Minor Amendment. A proposed PUD amendment is considered minor if it meets the following criteria for decision and has been determined as such by the Director: (A) The PUD amendment does not increase density, increase the amount of nonresidential land use or significantly alter any approved building scale and mass of development. (B) The PUD amendment does not change the character of the development and maintains the intent and integrity of the PUD. Ordinance No. 2015 -11— Wildridge Lot Split PUD Amendments SECOND READING — April 12, 2016 Page 2 of 6 (C) The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. (iii) Lot Split Amendment to Wildridge PUD. A proposed PUD Amendment to the Wildridge PUD to permit a lot split of a duplex lot into two lots is considered a Lot Split Wildridge PUD amendment if it meets the following criteria for decision and has been determined as such by the Director: (A) The proposed duplex lot split is located in the Wildridge PUD Subdivision on a vacant, undeveloped lot. (B) The proposed PUD amendment meets the criteria for a Minor Amendment in Section 7.16.060(h)(1)(ii). (C) The PUD amendment proposes to split one lot permitting a residential duplex dwelling into two lots permitting one detached single - family - residential dwelling on each lot. (iv) Major Amendment. A PUD amendment that is not classified as an administrative amendment, minor amendment or Lot Split PUD amendment to Wildridge PUD is considered a major amendment. (2) Reviewing Authority. (i) Administrative Amendments. The Director shall review and render decisions on Administrative Amendments. A decision of the Director may be appealed to the Council pursuant to Section 7.16.160, Appeal. (ii) Minor Amendments. The general procedures set forth in Section 7.16.020, General procedures and requirements, shall apply to minor PUD amendment applications. The PZC shall review all minor PUD amendment applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision, through a resolution, on a minor PUD amendment application after conducting a public hearing, (iii) Lot Split Amendments to Wildridge PUD. The general procedures set forth in Section 7.16.020, General procedures and requirements, shall apply to Lot Split Amendments to Wildridge PUD applications. The PZC shall review all Lot Split Amendments to Wildridge PUD amendment applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision, through a resolution, on a Lot Split Amendments to Wildridge PUD amendment application after conducting a public hearing. Ordinance No. 2015 -11— Wildridge Lot Split PUD Amendments SECOND READING — April 12, 2016 Page 3 of 6 (iv) Major Amendments. The general procedures set forth in Section 7.16.020 shall apply to major PUD amendment applications. All major PUD amendment applications shall be processed as preliminary PUD and final PUD applications. (3) Review Criteria, The PZC and Council shall review a PUD amendment according to the same approval criteria listed above for a preliminary PUD development plan. (4) Additional Review Criteria. The PZC shall review a Lot Split Amendment to the Wildridge PUD application and Major Amendments in the Wildridge PUD that include a Lot Split according the following criteria in addition to the review criteria for a preliminary PUD development plan: (i) The application results in less total site coverage and contains restrictions on building envelopes when deemed appropriate to minimize site coverage; (ii) Driveway disturbance is minimized and a shared driveway curb cut is utilized when feasible and when a shared driveway curb cut would reduce site disturbance; (iii) Areas not appropriate for development are designated on the PUD plan; (iv) The proposed development of the site avoids disturbance of slopes greater than 30% or reduces potential disturbance of slopes greater than 30% compared to the existing PUD designation; and, (v) The PUD plan incorporates requirements and /or restrictions as deemed appropriate to minimize or mitigate impacts to properties in the vicinity, including but not limited to: (A) enhanced landscaping; (B) increased building setbacks (i.e. minimum 20' separation between buildings and a minimum 10' setback between properties); (C) designated building footprints; (D) building height restrictions; and, (E) designated architectural massing, including building square footage designation." Section 4. Codification of 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 Ordinance No. 2015 -11— Wildridge Lot Split PUD Amendments SECOND READING — April 12, 2016 Page 4 of 6 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 thirty days after final adoption 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. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED on March 8, 2016 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on April 12, 20 1 at 5:00 P.M. in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, C 1 rado. _A--- , iviay 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: APP VED AS TO FORM: Debbie Hoppe, Town lerk Eric Hei o rAttorne Ordinance No. 2015 -11— Wildridge Lot Split PUD Amendments SECOND READING — April 12, 2016 Page 5 of 6 INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on A ri 12, 201 Jenni�e Fancher, 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: �01�l)6 �Lak� Debbie Hoppe, Town Cl r Ordinance No. 2015 -11— Wildridge Lot Split PUD Amendments SECOND READING — April 12, 2016 Page 6 of 6