PZC Res. No. 2011-02 (2)Attachment A
TOWN OF AVON, COLORADO
PLANNING COMMISSION RESOLUTION 11-02
SERIES OF 2011
A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO TITLE 7
OF THE AVON MUNICIPAL CODE
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 February 1, 2011, 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 Planning and Zoning Commission'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
these text amendments to the Town of Avon zoning code; and
WHEREAS, the Planning and Zoning Commission finds that the application to change the
Development Code text meets the criteria set forth in Section 7.16.040(c) of the Avon
Development Code.
NOW THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends the that the Town Council of the Town of Avon approve the following
amendments to Title 7 of the Avon Municipal Code:
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 Chanter 7.24 Use Regulations. Section 7.24.040 Table of Allowed
Uses of the Avon Development Code is hereby designated a prohibited use.
"Table 7.24.1 Allowed Uses
Use Use Type
Category
Retail Medical Marijuana
Section 3. Amendment to Chapter 7.08 Definitions. Chapter 7.08.010 Definitions of
the Avon Development Code is amended by enacting the following definitions:
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"Medical 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.
Historic Preservation Advisory Committee means a five -person advisory committee
appointed by the Town Council to make recommendations and findings regarding
historic,sites, structures or features in the Town of Avon.
Historic and/or Cultural Landmark means a site and/or structure designated as an
historic landmark by the Historic Preservation Advisory Committee and approved by the
Town Council within the Town of Avon."
Section 4. Amendment to Chapter 7.24 Use Regulation. Section 7.24.010(c) of the Avon
Development Code is amended to read as follows:
"7.24.010(c) Prohibited Uses. A blank cell indicates that the use is prohibited in
the respective zoning district. Medical Marijuana Business is a prohibited use in
all zone districts. Any use of property which violates local, state or federal law is
prohibited."
Section 5. Amendment to Section 7.12 Development Application Review Procedures, Title
7, Avon Development Code, is amended by the addition of a Chapter 7.12.070 as follows:
7.12.070. Historic Preservation Advisory Committee
(a) Establishment and Purpose. There is hereby established a historic preservation
advisory committee of the Town. The purposes of the historic preservation advisory
committee (HPAC) are as follows:
(1) To promote the health, safety and welfare of the residents of the Town of
Avon through the regulation of historic and/or cultural sites and structures;
(2) Foster civic pride in the beauty and accomplishments of the past;
(3) Protect and enhance the Town's attraction to tourists and visitors and increase
the quality of life of the residents; and,
(4) Promote the use of historical or architectural sites, structures and objects for
the education and welfare of the residents of the town; and,
(5) Promote and encourage private ownership, stewardship and utilization of such
sites, structures and objects; and,
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(6) Integrate historic and/or cultural preservation with the Town of Avon
Comprehensive Plan; and,
(7) Maintain the Town's unique character by recognizing the importance of
preservation and renewing the Town's legacy for present and future
generations; and,
(S) Discourage the unnecessary demolition of historic and/or cultural resources;
and,
(9) Provide incentives for the continued use of historic and/or cultural resources
and facilitate their appropriate stewardship and reuse; and,
(10) Encourage the conservation of historic settings and landscapes; and
(11) Promote retention of historical integrity in the context of proposed land
use.
(b) Duties. The HPAC shall have the following functions and duties:
(1) Recommend Historic and/or Cultural Landmarks which meet the Landmark
Designation Criteria to the Town Council;
(2) Review applications for any permit which includes the exterior
alteration, relocation or removal of a site or structure designated as a Historic
and/or Cultural Landmark and make recommendations to the Planning and
Zoning Commission. ,
Section 6. Amendment to Section' 7.16 Development Review Procedures, Title 7, Avon
Development Code, is amended by the addition of a Chapter 7.50 as follows:
7.50 Historic and/or Cultural Preservation Designated
This section sets forth procedures for reviewing proposed Historic and/or Cultural
Landmark Designations in the Town.
(a) Review Procedures. After receiving approval from the property owner(s), the
Historic Preservation Committee shall recommend Historic and/or Cultural Landmarks to the
Town Council. A public hearing is required with Town Council. The recommendation shall
identify the criteria forming the basis of the recommendation, and shall include all pertinent
information related to the site or building supporting the designation.
The Town Council will approve or disapprove Historic and/or Cultural Landmark designation
after public hearing, at which the owner of the site or structure and all interested persons shall
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have an opportunity to be heard. A majority decision of the Town Council is required for
nomination.
(b) Review Criteria. A site or structure may be eligible for Historic and/or Cultural
Landmark designation if it has been in existence for at least 50 years or meets any of the
following criteria:
(1) Historic significance:
(i) Has character or is a point of interest that reflects the heritage and
political, economic and/or social history or cultural development of the Town, the
state or the nation; and, `
(ii) Is associated with historical persons or groups or represents important
events in national, state or local history; and,
(iii) Is associated with an important individual or group who contributed in
significant ways to the political, social and/or cultural life of the community; and,
(iv) Has prehistoric interest or information.
(2) Architectural significance:
(i) Characterizes a style associated with a particular era; and,
(ii) Has a strong or unique relationship to other areas potentially eligible for
preservation; and,
(iii) Is architecturally unique or innovative; and,
(iv) Has visual symbolic meaning or appeal for the community or, due to its
unique location or singular characteristics, represents established and familiar
visual features of the neighborhood or community.
(c) Incentives. The benefits of Historic Landmark designation may include the
following:
(1) Partial waiver of building permit fees;
(2) Local property tax credits;
(3) Preservation, maintenance or relocation assistance, and other incentives as
deemed necessary by the Town Council; and
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(4) Other appropriate incentives, also as determined by the Town Council.
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(d) Review of plans for sites and structures having designation. Any application
for any permit which includes the exterior alteration, relocation or removal of a site or structure
designated as a Historic and/or Cultural Landmark must be reviewed by the Planning and Zoning
Commission for recommendation of approval or disapproval to the Town Council on the basis of
the following criteria. The Town Council shall approve or disapprove the application after
public hearing at which the landowner and interested persons have an opportunity to be heard.
(1) Criteria for alteration of a site or structure:
(i) Whether the architectural or historical character will itself be materially
altered so as to negatively impact the Historical Landmark; and,
(ii) Whether the architectural style and arrangement and the texture of the
exterior surface materials of the existing structure and the proposed alteration
appropriately relate to each other and to other structures in the vicinity; and,
(iii) Whether the alteration will negatively change or destroy the exterior
architectural features and details of the structure; and,
(iv) The effect of the proposed alteration on the protection, enhancement,
perpetuation and use of the Historic Landmark.
(2) Criteria for relocation of a structure
(i) Significance of the original site; and,
(ii) Whether the structure can be rehabilitated or used on its original site
consistent with the reasonable and beneficial use of the property; and,
(iii) Whether the proposed site is compatible with or detracts from the
importance of the Historic Landmark; and,
(iv) Whether the structure can be moved without causing significant damage to
its physical integrity; and,
(v) Whether the relocation of the structure is necessary to prevent undue
hardship on the property owner.
(3) Criteria for removal of a structure:
(i) Whether the structure presents an imminent hazard that cannot otherwise
be properly mitigated; and,
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(ii) Whether the structure can reasonably be rehabilitated and maintained in its
present location and the significance of the original site; and,
(iii) Whether relocation of the structure is reasonably possible or practical;
and,
(iv) Whether the structure can be rehabilitated or used on its original site
consistent with the reasonable and beneficial use of the property; and,
(v) Whether the removal of the structure is necessary to prevent undue
hardship on the property owner.
(e) Standards governing approval of development plans for sites and structures
having designation. Any approved development plan including the alteration, relocation or
removal of a Historic and/or Cultural Landmark shall be deemed to incorporate the following
standards except to the extent they are determined not to be applicable by the Town Council:
(1) The Historic and/or Cultural Landmark shall be continue to be used in a manner
consistent with its original purpose or a compatible purpose, so long as such use does not
violate any of the provisions of this Code; and,
(2) The historic character of the Historic and/or Cultural Landmark shall be
maintained by avoiding the removal or alteration of features important to such character;
and,
(3) The use of original materials is encouraged. Distinctive and unique features,
finishes, materials and examples of craftsmanship should be retained and preserved.
Repairs and replacement of such features should match the original in color, shape,
texture and design. Replacements should be fully documented with pictorial or physical
evidence and a copy of such evidence filed with the Town; and,
(4) Where possible, additions and expansions shall be differentiated from the existing
structure so as to protect the Historic Landmark's historic integrity. Additions and
expansions shall also be undertaken in such a manner that their removal in the future
would not destroy the form or integrity of the original structure.
(f) Removal of Historic Landmark designation. The Town Council, after public
hearing at which the owner of the Historic and/or Cultural Landmark and interested persons shall
have an opportunity to be heard, may remove Historic and/or Cultural Landmark designation
from a site or structure, based upon one or more of the following findings:
(1) The Historic and/or Cultural Landmark designation creates undue hardship for the
owner;
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(2) The structure is an imminent hazard to the health and safety of the public despite
the owner's efforts to properly maintain it; and,
(3) The structure is structurally unsound despite the owner's efforts to properly
maintain it.
Section'7. Amendment to Section 7.16.020(d)(2) Mailed Notice. Section 7.16.020(d)(2)
Mailed Notice of the Avon Development Code shall be amended by the addition of the following
sentence at the end of the paragraph to read as follows:
"Mailed notice shall be required for zoning amendments, subdivision, planned
unit development and variance applications."
Section 8. Amendment to Chapter 7.28. Chapter 7.28 of the Avon Development Code is
amended by enacting Section 7.28.110 Water Tap Fees to read as follows:
"7.28.110 Water Tap Fees. The Water Rate Schedule and Tap Fee Schedule as
set forth in ADDendix 13-A Water Rate Schedule/Taa Fee Schedule is hereby
adopted."
Section 9. 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 10. Severabilitv. 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 11. 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.
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Section 12. 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 13. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or impart 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 14. 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.
ADOPTED on THE 1sT DAY OF FEBRUARY AND SIGNED THIS 15TH DAY OF
FEBRUARY, 2011
Signed: , J
Guy Patterson, Chairperson
Scott Prince, Secretary
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