PZC Packet 072010 (2)MON
C D L O R A 0 0
REGULAR MEETING
Call to Order (5:00pm)
Roll Call
Town of Avon Planning & Zoning Commission
Meeting Agenda for July 20, 2010
III. Additions and Amendments to the Agenda
IV. Conflicts of Interest
V. Consent Agenda
Avon Town Council Chambers
Meetings are open to the public
Avon Municipal Building / One Lake Street
• Approval of the July 6, 2010 Meeting Minutes
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)
VII. Other Business
Commissioner questions of staff regarding section 17.28.090 Temporary suspension of
building permits (AMC).
VIII. Adjourn
Posted on July 16, 2010 at the following public places within the Town of Avon:
• Avon Municipal Building, main lobby
• Avon Recreation Center, main lobby
• Alpine Bank, main lobby
• Avon Public Library
• On the Internet at htto:/twww.avon.oro / Please call (970) 748.4030 for directions
Town of Avon Planning & Zoning Commission
AVO
Draft Meeting Minutes for July 6, 2010
Avon Town Council Chambers
I Meetings are open to the public
C 0 L 0 R A n o Avon Municipal Building / One Lake Street
REGULAR MEETING
I. Call to Order (5:OOpm)
The meeting was called to order by Vice Chairman Green at approximately 5:05
IL Roll Call
All Commissioners were present with the exception of Goulding, Prince, and Anderson.
III. Additions and Amendments to the Agenda
There were no additions or amendments to the agenda.
IV. Conflicts of Interest
There were no conflicts of interest to disclose.
V. 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.
VI. 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 Develooment 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 weather 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 Struve 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 was passible.
Commissioner Roubos had no additional comments.
Commissioner Patterson had no additional comments.
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
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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
xeriscaping.
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.
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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)(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 at 7:50.
4
HELL LAN
& PLANNING, LLC
MEMORANDUM
TO: Avon Planning and Zoning Commission
CC: Sally Vecchio, Community Development Director
FROM: Eric Heil, Town Attorney
DATE: July 15, 2010
SUBJECT: Ordinance No. 10-12 Prohibiting Medical Marijuana
Summary: Ordinance No. 10-12 amends 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 sec and reading by Town Council on July 27, 2010.
Procedure: Ordinance No. 10-12 includes in part amendments to Title 17 Zoning of the Avon
Municipal Code; therefore, Ordinance No. 10-12 has been referred to the Planning and Zoning
Commission for a recommendation.
Background: Town Council enacted a 200 day moratorium on issuing any permits or licenses
for medical marijuana dispensaries by the passage of Ordinance No. 10-01. The moratorium
imposed by Ordinance No. 10-01 expires on August 8, 2010. The Colorado Medical Marijuana
Code was adopted in the last legislative session and became effective on July 1, 2010. The
Colorado Medical Marijuana Code imposes a moratorium by the slate on issuing licenses for
Medical Marijuana Centers and Medical Marijuana -Infused Products Manufacturers until July 1,
2011. The Town Council previously provided direction to prepare an ordinance prohibiting
medical marijuana businesses in the Town of Avon in response to the adoption of the Colorado
Medical Marijuana Code. The Colorado Medical Marijuana Code includes a "local option"
provision whereby a majority of the local governing body may vote to prohibit medical marijuana
businesses.
Legal Analysis: This ordinance defines Medical Marijuana Business broadly to encompass the
definitions of "Medical Marijuana Center," "Medical Marijuana Infused Products Manufacturer,"
and "Optional Premises" as defined in the Colorado Medical Marijuana Code as well as include
any use of property for cultivation, manufacture, storage, distribution, acquisition or sale of
marijuana, whether for profit or not-for-profit. Ordinance No. 10-12 prohibits the issuance of a
business licenses for medical marijuana related business and prohibits the use of land for a
medical marijuana related business. Amendments to Chapter 9.16 provide that compliance with
state licensing requirements is an affirmative defense for possession and use of medical
marijuana by medical marijuana patients.
Requested Action: Take action to provide a recommendation on the zoning code text
amendments in Ordinance No. 10-12 AN ORDINANCE AMENDING THE AVON MUNICIPAL
CODE TO PROHIBIT MEDICAL MARIJUANA BUSINESS USE OF PROPERTY AND PERMIT
MEDICAL MARIJUANA POSSESSION AND USE BY MEDICAL MARIJUANA PATIENTS
Thanks, Eric
Hell Law b Planning, LLC
1499 Blake Street, Unit 1-G
Denver, CO 80202
Eric Heil, Esq.. A.i.C.P.
Tel: 303.975.6120
eheil®avon.org
TOWN OF AVON, COLORADO
ORDINANCE 10-12
SERIES OF 2010
AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE
TO PROHIBIT MEDICAL MARIJUANA BUSINESS USE OF PROPERTY AND
PERMIT MEDICAL MARIJUANA POSSESSION AND USE BY MEDICAL
MARIJUANA PATIENTS
WHEREAS, the Town of Avon ("Town") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, Colorado Revised Statute §12-43.3-106 provides that the majority of the
members of a governing board for a municipality may vote to prohibit the operation of medical
marijuana centers, optional premises cultivation operations, and medical marijuana -infused
products manufactures' licenses; and
WHEREAS, the Town Council finds that the regulation of land use is a matter of local
concern; and
WHEREAS, the Town Council initiated an amendment to the text of the Town of Avon
zoning code in accordance with Section 17.28.020 of the Avon Municipal Code; and
WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public
hearing on July 20, 2010, after posting notice of such hearing in accordance with the
requirements of the Avon Municipal Code, and considered all comments provided before taking
action to make a recommendation to the Town Council; and
WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the
citizens of the Town of Avon would be enhanced and promoted by the adoption of this
ordinance; and
WHEREAS, the majority of the members of the Avon Town Council have voted to approve
this Ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with 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;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
Ord 2010-12 Medical iNlarrlunnn Badness
Page 1 ors
V2 7-3-10
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 Chapter 5.04 Business Registration. Section 5.04.025 Lawful
Business — Denial — Revocation - Appeal of the Avon Municipal Code is hereby enacted to
read as follows:
"5.04.025 Lawful Business — Denial — Revocation - Appeal.
The Town Clerk shall reject any business registration, reject a business
registration annual update or revoke a business registration if the business or use
of the property which the business occupies is not in compliance with all
applicable laws, including local, state and federal laws. The business owner
("Appellant") may appeal the decision of the Town Clerk to the Town Council.
The Appellant shall file a written appeal with the Town Clerk within thirty (30)
days after the date of transmittal of a written decision of the Town Clerk, or
designee, to deny or revoke a business registration. The failure to file a written
appeal within thirty (30) days after the date of transmittal of the Town Clerk's
decision shall bar any further consideration of the application, shall bar any
appeal to the Town Council, and shall bar any judicial review by a Colorado
court. The written appeal shall state the reasons for the appeal. An appeal which
is filed timely shall be considered and acted upon by the Town Council within
forty-five (45) days after the date of receipt. The Town shall provide at least three
(3) days prior notice to the Appellant stating the date, time and location where the
Town Council will consider the appeal. The decision of the Town Council shall
be in writing."
Section 3. Amendment to Chapter 5.04 Business Registration. Section 5.04.045 Medical
Marijuana Business Prohibited of the Avon Municipal Code is hereby enacted to read as
follows:
"5.04.045 Medical Marijuana Business Prohibited.
Medical Marijuana Business, as defined in Section 17.08.517 of this Code and
as may be amended or re -codified, is prohibited and unlawful in the Town of
Avon."
Section 4. Amendment to Chapter 9.16 Offenses Against Public Peace. Section 9.16.070 of
Chapter 9.16 Offenses Against Public Peace. of the Avon Municipal Code is amended by
repealing and re-enacting Section 9.16.070 in its entirety to read as follows:
"It is unlawful for any person to possess, use or attempt to obtain or procure
cannabis. Notwithstanding the foregoing, it shall not be unlawful and it shall be
an affirmative defense to criminal prosecution under this section for a medical
marijuana patient to possess, use, and obtain medical marijuana, when such
medical marijuana patient is fully and currently compliant with all state laws,
Ord 2010-12 MedicalMarijuana Business
Page 2 of
V2 7.3-10
regulations, and licensing requirements concerning medical marijuana patients
provided that such possession is not displayed publicly or in a manner which can
be seen by the general public, that such use does not occur on property owned or
possessed by the Town, and that such use does not occur upon property without
permission of the property owner."
Section 5. Amendment to Chanter 17.08 Definitions. Chapter 17.08 Definitions of the Avon
Municipal Code is amended by enacting the following language:
"17.08.517 Medical Marijuana Business. Medica! Marijuana Business means
the use of a property, or portion thereof, for the cultivation, manufacture, storage,
distribution, acquisition or sale of marijuana, including the use of property for
Medical Marijuana Centers, manufacturing of Medical Marijuana -Infused
Products, or Optional Premises, as such terms are defined by Colorado Revised
Statute §12-43.3-104, as may be amended, regardless of whether any such use
described herein is for profit or not for profit."
Section 6. Amendment to Chapter 17.12 Administrative Provisions. Section 17.12.050
Interpretation — conflict with other laws. of the Avon Municipal Code is amended by enacting
the following language:
"(d) Any use of property which violates local, state or federal law is prohibited."
Section 7. Amendment to Chanter 17.16 Zone Districts and Official Maps. Chapter 17.16
Zone Districts and Official Map. of the Avon Municipal Code is amended by enacting the
following language:
"17.16.025 Medical Marijuana Business Prohibited.
Medical Marijuana Business is a prohibited use in all zone districts."
Section 8. 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 9. 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,
Ord 2010-12 Medical Marijuana Business
Page 3 of
V2 7.3-10
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 10. 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 11. 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.
Section 12. 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 13. 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 2010-12 Medical Marijuana Business
Page 4 or5
V2 7.3-10
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for July 13, 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:
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 July 27,20 10.
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 2010-12 Medical Nlaritunna Business
Pages or5
V2 7-3-10