PZC Packet 090500Town of Avon
Planning & Zoning Commission
Work Session
September 5, 2000
5:30 PM
Council Chambers
Town of Avon Municipal Building
400 Benchmark Road
Agenda
I. Discussion of regular meeting agenda items.
Posted on Septemberl, 2000 at the following public places within the Town of Avon:
• Avon Municipal Building, main lobby
• Avon Recreation Center, main lobby
• Avon / Beaver Creek Transportation Center
• City Market, main lobby
• On the Internet at http: / /www.avon.org
Town of Avon
Planning & Zoning Commission
Regular Meeting
September 5, 2000
6:00 PM
Council Chambers
Town of Avon Municipal Building
400 Benchmark Road
Agenda
I. Call to Order
II. Roll Call
III. Additions and Amendments to the Agenda
IV. Conflicts of Interest
V. Consent Agenda
A. Approval of the August 15, 2000 Planning & Zoning
Commission Meeting Minutes [Tab 1]
Posted on Septemberl, 2000 at the following public places within the Town of Avon:
• Avon Municipal Building, main lobby
• Avon Recreation Center, main lobby
• Avon / Beaver Creek Transportation Center
• City Market, main lobby
• On the Internet at http: / /www.avon.org
VI. Final Design
A. Chateau St. Claire [Tab 2]
Project Type: Mixed Use
Applicant: George Roberts
Owner: CSC Land LLC
Address: 38392 US Hwy. 6
B. Village at Avon Design Guidelines [Tab 3]
Parcels K and L
VII. Other Business
A. Selection of P &Z Representative of Village at Avon
Design Review Board
B. Citizen Management of Growth Initiative [Tab 4]
C. Staff Approvals:
1. Lot 8, Block 3, Wildridge Subdivision
5015A Wildridge Road East
Deck privacy wall and hot tub placement.
2. Avon Center
Placement of flat communications antenna
outside office
VIII. Adjourn
Posted on Septemberl, 2000 at the following public places within the Town of Avon:
• Avon Municipal Building, main lobby
• Avon Recreation Center, main lobby
• Avon / Beaver Creek Transportation Center
• City Market, main lobby
• On the Internet at http: / /www.avon.org
Memo
Date: September 1, 2000
To: Planning & Zoning Commission
From: Michael Matzko, Director of Community Develo
Re: Village at Avon Design Guidelines
Mr. Bill Post, representing EMD LLC, owner of the Village at Avon property, will make a
presentation to the Commission, and be available to answer questions. Attached is a copy of the
Design Guidelines presented at the August 15 P &Z meeting.
f: \p &z \staff reports\2000 \090500 \vaa design guide memo.doc
r ,
TAE VILLAGE
(at Avon)
Design Review Guide - Planning Areas Band L
I. INTRODUCTION
These design guidelines provide guidelines for the design of improvements within
Parcels K and L of The Village (at Avon).
A- Overall Design Theme
The overall design theme for Parcels K and L of The Village (at Avon) is�, to
establish an attractive appearance for visitors and residents and yet be flexible
enough to allow for affordable design solutions. The Village (at Avon) will 'be
amending these guidelines to include more detailed supplementary architectural,
site planning, landscape design guidelines prior to the issuance of building
permits within Areas K and L.
B. Purpose of the Guidelines
The purpose of this document is to establish certain design guidelines for
Planning Areas K and L of The Village (at Avon). These guidelines provide Jor
the development of regional commercial and mixed uses in a manner consistent
with the overall context of the Village at Avon and its surroundings.
In addition to the Design Guidelines, there are several other documents that may
affect the design and development of property within these Planning Areas. It! is
strongly recommended that developers, architects, and property owners review
these documents prior to making any development/design decisions. Thdse
documents include, without limitarion The Village (at Avon) PUD Guide,
recorded covenants, and Town of Avon building codes.
Contracting The Village (at Avon) Design Revicw Board (DRB) and the Town bf
Avon Department of Community Development to review and discuss these and
other pertinent documents is a prudent first step in the design/development
process.
The Village (at Avon)
iI. DESIGN REVIEW PROCEDURE
!131
The design review requirements for The Village (at Avon) will follow time
frames and
submittal requirements as described in The Village (at Avon) Design Review Board
Guidelines, Rules and Procedures.
In order to facilitate development approval, site plan and architectural review should
occur as a coordinated process. The applicant should be aware of review timetables and
should structure plan submissions so that sufficient time for plan modifications can: be
scheduled.
A. Pre - Application Conference
Prior to the formal submittal of any request for approval to proceed with building
site improvements, an informal pre - application conference shall be held between
the applicant and the Design Review Board representative. This conference shall
serve to acquaint the applicant with the Design Guidelines and to allow staff to
become familiar with the applicant's development intent and design philosophy.
A schematic site plan and building concept drawings will aid in discussion at this
conference, however applicants are encouraged not to prepare detailed designs
which might require extensive revision as a result of the pre- application
conference. An applicant shall bring the following information in a brief
summary:
• General project concept
• Specific uses proposed, and intensity of use proposed (floor area and parking
demand)
• Proposed construction timing
• General concepts concerning building size and exterior materials, and general
site plan concepts:
An exterior materials package including roof material and color, wall
treatment, glass and glazing.
Site plan concepts including site organization, landscaping, irrigation,
grading, lighting, and signs.
Preliminary Plan Review
Following the informal pre - application conference between the applicant and the
Design Review Board representative an applicant may submit for Preliminary
Review. The requirements shall be as follows:
1.
The Village (at Avon)
Six copies ofthe Preliminary Plans which shall include:
a. Site Plans
b. Floor Plans
c
C. Elevations
d Roof Design
e. Exterior Materials and Colors
f Sketches of character of the proposed structure
g Landscape Plans
h Revegetation Plans if applicable
i. Initial drainage and erosion control measures
j. Square footage breakdown for commercial, service, and
residential areas.
All site and landscape plans shall be a minimum of 1 "= 20'scale. 1/16 ", 118'; or
1/4" = PO optional for floor and elevation plans.
The DRB requires that plans be submitted at least 35 days prior to a meeting -oj'
the DAB for adequate review time. In accordance with the Village at Avon
Annexation and Development Agreement during this review period a copy of the
Preliminary Plans will be forwarded to the Town of Avon Planning and Zoning
Commission for comment. If the Planning and Zoning Commission so desires,
they may forward their comments to the DRB prior to the scheduled DRB
meeting.
G Preliminary Plan Action
The DRB shall take one of the following actions:
L Approve the proposal and authorize n a Letter of Preliminary Approval
subject to such conditions as it finds necessary; or
2. Continue the hearing for changes or additional information needed to
resolve substantive design issues; or
I Deny the proposal stating the specific reasons for denial.
A copy of the Preliminary Plan findings will be transmitted to the Town of Avon
Planning and Zoning Commission for informational purposes.
D. Final Plan Review
Following Preliminary Plan approval an applicant may submit for Final Plan
Review. A Final Plan submittal must include the following information:
1. Final Plan Review Checklist and Review Fee.
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Fj
One full set of all building elevations accurately rendered in the proposed
colors.
Six (6) sets of the following.-
a. Site Plan (dimensioned) at scale 1 "= 10'showing.•
1) Property boundaries of the subject property and adjacent
property lines 20' outside c f the subject property,
2) Setback lines;
3) Easements;
4) Existing and proposed contours at 2' intervals;
S) Buildingfootprint and eave drip line locations;
6) Driveways and curb cuts if any;
7) Site drainage;
8) Utilities including meter and exterior panel locations and
evidence of adequate sewer service gradient;
9) Site improvements such as sidewalks, steps, ADA access
and egress routes, landscape materials, site furniture,
premises boundaries, railings, fences, etc.;
b. Architectural Plans at scale 114" = 10 "showing the following:
1) Dimensioned floor plans of the all proposed buildings;
2) Square footage of all floor plans including total building(s)
footprint and impervious surfaces;
3) All building elevations with existing and final grade shown;
4) Longitudinal and cross building sections through all
principal masses of the building.
S) Building height calculation referenced to the surveyed
elevation of the nearest property corner or other permanent
witness point, calculated elevation of top of foundation
concrete and calculated ridge, parapet or wall height
elevation;
6) Exterior lightingplan and lamp wattage;
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7) Exterior materials sample board and colors and written
specifications, Z color photographs of sample board.
C. Landscape Plan at scale 1 "= 10, showing.
1) Hard and soft surface treatments;
2) Plant materials with legend of numbers, sizes species and
common name;
3) Street furniture including but not limited to tree grates and
cages, planters, seating, tables, fences, walls, refuse
containers, etc; and
4) Irrigation and maintenance plan.
d Grading /Construction Management Plan at scale 1 " = 10'
showing:
1) Erosion, dust and trash controls, trash dumpster,
construction Limit fencing and sanitary facilities;
2) Curb and sidewalk protection;
3) Site grading;
4) Materials staging areas;
5) Concrete truck washout basin;
6) Construction trailer location (if any);
7) Site access routes construction impact limit;
8) Worker Parking Plan;
9) Pedestrian and Vehicular Traffic Plan demonstrating
uninterrupted pedestrian and vehicular traffic access and
egress to and between adjacent properties throughout the
construction period, • and
10) Construction sign (4'x 4' maximum) design and location.
The construction sign must display the owner's name, street
address, Building Permit Number, builder name with
telephone number for routine and emergency contact.
Additionally the sign may display up to two real estate
brokers logos and telephone numbers. No other
construction related signs are permitted (e.g.
Subcontractors, suppliers, services, architect, bank etc.)
The Village (at Avon) 5
e. , Other:
1) Parking requirement and location,
E Final Plan Action
The DRB shall take one of the following actions:
L Approve the proposal and authorize a Letter of Final Approval subject to
such conditions as it finds necessary; or
1. Continue the hearing for changes or additional information needed to
resolve substantive design issues, or
3. Deny the proposal stating the specific reasons for denial
F. Governing Authority and Regulations
The Village (at Avon) Design Review Board is charged with the function of
reviewing and acting upon the general design and appearance of any building,
construction, paving, grading or landscaping proposed on any lot or parcel of land
within The Village (at Avon).
The Village (at Avon) Design Review Board will review any building, building
alteration, landscaping, or signage proposed within The Village (at Avon).
M. URBAN DESIGN
Urban Design, as related to these guidelines, refers to all aspects of the development,
excluding architecture, within the urbanized area of The Village (at Avon) south of
interstate Highway 70. It includes the relationship of building to site and outdoor space,
Parking areas and access, pedestrianways and sidewalks, landscaping, streetscapes and
street furniture, sculpture, signs, fencing, and lighting. Generally all those elements that
create the image of a Town and how they are combined are considered the Urban Design,
A. General Design Considerations
Surrounding the buildings and along the public ways, landscape plantings, walks,
public lighting, site furnishings, and signage should create a year- round, coherent
and festive atmosphere. It is the combination of the architectural and landscape
styles that will create The Village (at Avon).
Landscaping should be considered an integral part of the design of all projects.
Individual properties should be designed to respect and enhance the design of
streetscapes. The most appropriate shrubs and trees are those that are known to
be hardy, and which have a natural appearance within Avon's mountain - valley
location.
The Village (at Avon) 6
B• Area Wide Guidelines
Sitin Conditions:
Buildings and other improvements should be individually designed for the site, on
which they are to be placed. The site and its relationship to other structures,
scenic values, views and climatic orientation should be the dominant factors in the
design and siting of buildings. Pedestrian accessways should be incorporated into
the site designs.
Buildings and improvements should be designed and sited to conform to the
terrain and to take advantage of views. Terraced buildings and parking will
minimize site disturbance, provide less costly construction and provide
opportunities for privacy and views by grade separation.
Passive solar design as a component of the architectural design of individual
buildings is encouraged.
The use of sun exposure - reducing elements such as overhangs, pergola's,
canopies, eaves and awnings can be designed as integral components of the
architectural design.
Outdoor spaces such as courtyards and plazas can have southern exposure to
extend the periods of seasonal use and comfort. However, within these spaces,
there should be a variety of sun and shade conditions to allow full use during the
extreme heat of summer months and take advantage of warm winter days. North
facing entries and outdoor spaces should be carefully considered because of
winter conditions.
Complete vehicular circulation, including back up and turn around areas, if
applicable must be provided. Permanent parking areas must be concrete, asphalt,
or other hard surface with spaces clearly marked. Two handicapped stalls per
each 100 stalls is recommended. Snow storage areas equaling 15% of all outdoor
surface - parking areas are recommended.
Driveway or maneuvering areas within a parking lot must be designed to provide
for safe and reasonable maneuverability of vehicles.
.t"
All parking spaces within permanent paved parking areas must be striped in a
manner clearly showing the layout of the intended stall.
Maintenance:
All parking areas must be maintained in a safe and sanitary condition and kept in
good repair. Provisions should be made for the plowing of snow from all outdoor
surface - parking areas.
The Village (at Avon) 7
Parking Area Landscape:
Parking area interior landscape can be confined to islands. Trees, flowers, grasses
and shrubs are recommended for these islands.
Drainage:
The builder is responsible for preventing erosion of the site both during
construction and after the project is complete. Runoff of silt, debris or
sedimentation onto adjacent streets, gutters, sidewalks, rights -of -way, storm drain
systems or adjacent properties should be avoided. The Town of Avon's
stormwater and drainage manual should be reviewed and used as a guideline.
Drainage into common open space areas is not allowed except in planned
drainage channels or drainage easements.
Drainage swales should not surface drain across major walkways or trail systems.
Drainage can be piped or rock lined if flows are significant and/or if it flows into
natural channels.
Parking bays and walkways should not slope toward the building without
adequate provisions for draining storm water away from the structure.
All paved areas must be sloped to properly drain.
Paved areas must be designed to carry surface water to the nearest practical street,
storm drain or natural water course approved by the Design Review Board.
Concentrated flows of water from parking areas should be collected in an
appropriate manner.
A detailed drainage study, if deemed appropriate, must be prepared by a Civil
Engineer and submitted to the Design Review Board for approval.
Planting:
All landscape development, including specific landscape elements such as
planters, retaining walls, and berms must be approved by the Design Review
Board.
Plant material selection and placement must ensure safe sight lines to traffic and
signs. Care should be taken that no hazards are created for pedestrians and
vehicles by plant litter.
Plants are to be installed and maintained according to sound horticultural
practices. Plantings must be consistent in quality and character with an approved
materials list by the Design Review Board.
The Village (at Avon)
Shrub planting beds can be mulched to prevent erosion and help retain moisture.
All planting beds can be contained on all sides by a hard edge (i.e. sidewalk,
wood, or steel edging, building, or curb). Snow loading should be considered
when locating shrub areas so as to avoid winter damage to plants. Shrubs should
be a minimum size of five gallons.
Hedges, in winter, become snow fences and must be placed accordingly.
Trees:
Trees must be planted to provide for tree growth without disruption of adjacent
areas.
Each tree or tree "clump" must be no smaller than two inches in caliper.
Replacement, if necessary; and maintenance of each tree is the responsibility of
the builder. bead trees must be replaced promptly with a tree of the same type,
quality and size.
Trees should be chosen and located to provide a function such as screening,
shade, view enframernent or accent. Accent plantings can occur at locations such
as building entries, parcel entries or pedestrian areas.
Care should be taken when selecting and locating trees so that Evergreen trees
don't significantly shade streets in winter creating hazardous icing conditions; nor
should they block south - facing windows limiting solar access_
Mulches:
Mulches can be utilized to treat the areas around tree and shrub plantings in all
zones. Rock mulch is discouraged adjacent to asphalt areas.
Grasses:
Grasses can be used in several situations. two of which are:
• In large open areas as a soil stabilizing agent and for visual effect (primarily
viewed from vehicular traffic).
Close to pedestrian areas where visual relief from extensive pavement is
desired.
In large open areas numerous grass mixes can be considered. Thought should be
given to water requirements and availability, maintenance requirements, potential
fire hazard of dry grass, and visual effect desired. In these areas, rough grass
mixes could be utilized. Native grasses and wildflowers/bulbs require less water,
less mowing and lend themselves well to the perimeter areas, and when utilized,
should be selected to match adjacent native grasses.
The Village (at Avon) 9
In more intensively developed areas with pedestrian traffic anticipated, bluegrass
mixes can be utilized to provide a lush, green appearance. Bluegrass mixes
require more water and mowing than rough or dryland grasses and should be Lised
judiciously.
in
Irrigation is required in all formal landscaped areas. The intent is to keep the
Plant material healthy in appearance by meeting plant water requirements for
proper growth and development. The type of irrigation will be determined by the
intensity of landscape development and the associated water requirements of the
plant species. For example, parking lot islands that contain only river rock mulch
and trees may receive a drip irrigation system whereas plazas that have bluegrass,
as well as trees and shrubs will require more traditional irrigation systems.
Suggested irrigation techniques depending on the intensity of landscape
development include the following:
• Automatic spray irrigation system
• Manual spray irrigation system
• Automatic trickle irrigation system
• Quick coupler system
Exterior Furnishings:
Within the landscape, three - dimensional objects are the most readily perceived.
Careful design and use of these elements in the public and semi - public areas is
critical in order to convey permanence and identity, as well as theme. Furnishings
should be provided as appropriate and establish character through a unified design
vocabulary, and provide strong visual continuity while fulfilling functional
requirements.
Mechanical Screenin
Ground- mounted equipment such as power transformers and air handling
equipment must be screened from public view by either materials integral with the
building, a fence or landscaping, all of which must be approved by the Design
Review Board prior to construction.
Utility boxes should be located away from buildings, toward parcel property lines
or painted to match surroundings. In all cases, plant material must be used to
screen these boxes. Fencing may be used in combination with plant materials.
Phone pedestals, meters and transformers will, whenever possible, occur to the
side and rear of buildings.
Vacuum breakers (irrigation equipment) will be located below grade in inspection
pit housings or adequately screened by landscaping.
The Village (at Avon) 10
Trash Dumpsters.
Trash dumpsters shall be properly screened on all sides and enclosed by a roof if
located outside.
Screening and Fencin :
Service Area Screening - All service areas are to be properly screened from
adjacent land uses.
Li�tin
The lighting systems will serve functional and aesthetic roles. These include:
• To provide security and visual safety.
• To serve as directional indicators for both vehicular and pedestrian traffic.
• To provide extended outdoor use time, particularly in pedestrian gathering
areas.
• To reinforce the identity and character through form, color and materials of
fixtures, visual light quality and placement.
In all commercial /retail and office parcels, lighting plans must be approved by the
Design Review Board.
Pedestrian Scale Lighting:
The use of low -level light sources at the pedestrian scale to accent or illuminate
the ground plane provides a special opportunity to reinforce the unique identity
and "sense of place" found in the area. This is achieved by a variety of lighting
fixture types and lower mounting heights. At night, these design elements
provide light for safety and aesthetic effect. By day, the physical shapes and sizes
lend animation and scale to pedestrian spaces. Fixtures at a height of 16" can be
utilized to illuminate pedestrian traffic areas.
Additional pedestrian scale lights may be utilized, including smaller bollard light
(42" height) and canister type lights on overhead structures.
Handicapped considerations_
Consideration for the handicapped should be a part of the design process for any
project in accordance with appropriate ADA standards.
The Village (at Avon) 11
IV- TECHNICAL DESIGN RECOMMENDATIONS
Grading and Drainage
The following grades should be observed:
• Ground shall slope away from all buildings at a minimum of six inches (67) in
ten feet (10').
• All planted areas should drain at a minimum of two percent (2 %). Maximum
slopes on planted areas should be 2:1 Gass 4:1).
• All paved streets and driveways with curb and gutter should drain at a
minimum of one -half Percent (1/2 %).
• All walkways and other paving should drain at a minimum of one percent
(1 %). Maximum ramp grade should be eight percent (8 %). Walkway slopes
should be kept to a minimum to ensure pedestrian safety in the winter.
• All parking bays should drain at a minimum of one -half percent (1/2 %).
Maximum grade should be five percent (5 %), to ensure pedestrian safety on
ice and snow.
Landscaping (recommended plant materials)
Deciduous Trees:
• Ash • Hackberry
• Aspen • Willow
• Cottonwood
Evergreen Trees:
• Blue Spruce
• Douglas Fir
Ponderosa Pine, .Limber Pine
Deciduous Shrubs:
• Buffaloberry • Snowberry
• Common Lilac • Sumac
• Mountain Mahogany • Willow
• Potentilla
Evergreen Shrubs:
• Juniper
• Yucca
Ground Covers/Flowers:
• Artemesia • Perennials
• Daylily • Wildflowers
• Mahonia
The Village (at Avon) 12
Grasses:
• Blue Stem
• Blue Grama
• Buffalo Grass
• Fescue
Recommended Mulches:
Signs:
Cobble: Four- to six -inch (4" - 6 ") average diameter, tan or gray in color.
Cobble should be infilled with one - quarter inch (1/4 ") pea gravel to inhibit
weak growth.
Washed River Rock: One -half to three- quarter .inch (1/2" -3/4 ") average
diameter, smooth and tan or gray in color. Gravel should be installed a
minimum of three inches (3 ") deep.
Wood chips, Pole Peelings or Equal: Free of sticks or litter and should be
installed a minimum of three inches (3") deep.
The purpose of these criteria is to establish design standards that ensure the owner
and tenants identification and visual continuity. Unless otherwise approved by
the Design Review Board as part of a unified signage plan for a particular project,
the following sign standards shall apply:
Prospective owners and tenants should review the criteria and then co- ordinate
directly with a selected sign contractor. After a drawing has been prepared which
meets tenant's approval, final drawings should be submitted to the Design Review
Board for approval.
Drawings should indicate size, color, typeface, illumination, locations, layout,
installation method, and any other pertinent information. Material and color
samples should also be submitted.
General Sign Recommendations:
• No animated, flashing, time /temperature or audible sips will be permitted.
• All signs and their installation must comply with all local building and
electrical codes and bear the UL label.
• There must be no exposed raceways, cross - overs, conduits, conductors,
tramformers, or junction boxes.
• Rotating signs will not be permitted.
• No sign may extend above the roofline of the building.
• The letter style, color, and material may be selected by tenant with approval
by the Design Review Board. Highly stylized or extremely ornate typefaces
will not be allowed, unless it is an established trademark.
The Village (ac Avon) 13
A
No advertising placards, banners, pennants, insignia, trademarks or other
descriptive material can be affixed or maintained along the glass panels and
supports of shop windows and doors or upon the exterior walls of the
building.
• No sign manufacturer's labels or other identification will be permitted on the
exposed surface of signs, except those required by local ordinance which must
be in an inconspicuous location.
• No sign, advertisement, billboard or advertising structure of any kind may be
displayed for public view on any portion of the properties or on any lot except
in accordance with the standards set by, and with the prior written approval of
the Design Review Board.
• All Signs must conform to prescribed setback and sight lines unless otherwise
authorized.
Commercial/Retail Signs:
The length of total sign must not exceed 1/3 of the retail store frontage. The area
of the sign must not exceed 10% of the storefront area. Spacing between adjacent
signs must be a minimum of four feet (4').
The "copy" and "logo" criteria for each sign is as follows:
Tenants may only display their established trade names, or simply state their basic
products (i.e., "Baker Shoes "). No additional advertising will be allowed (i.e.,
"Discount Sales ", "Quality Shoes ", etc.).
Retail/commercial shops at corner locations will be allowed no more than three
signs (two fascias and one arcade). Shops in all other locations will be permitted
only two signs (one fascia and one arcade).
Free - standing buildings having four (4) exposed elevations will be allowed to
have signs only on two primary exposed elevations, unless otherwise approved by
the Design Review Board.
Office Signs:
Signs for office structures are to be monument type. Maximum height allowance
will be six feet (6') with twelve feet (12') as a maximum horizontal dimension.
General Lighting Recommendations:
• Illuminating Engineering Society Criteria and Standards will prevail.
• Average foot candle levels will apply:
Arterial - 1.0
Collector - 0.6
Local Road - 0.4
Commercial/Business Parking Lots - 0.6
The Village (at Avon) 14
s '
• Minimum foot candle levels must be approximately 1/3 -1/4 of the average
foot candle level.
• A minimum uniformity ratio of 3:1 must be maintained.
• Light poles will be a maximum of 35', steel, aluminum or fiberglass poles.
• High pressure sodium (hps) lamps will be used.
• Controls should be light sensing types and integral to the fixture.
The Village (at Avon) 15
Memo
To: Planning and Zoning Commissioners
From: Tambi Katieb, Al �.
Date September 5, 2000
Re: Citizen Management of Growth Ballot Initiative
Summary: On July 3, 2000 the Colorado Supreme Court held the ballot title "The
Citizen Management of Growth" (AKA. Initiative 256) as valid. This November ballot,
which if successful would change the way land use approvals are granted throughout
the State, would apply to municipalities larger than 1,000 residents and counties with
greater than 10,000 residents. Essentially, the measure would limit the scenarios
under which new development could occur in Eagle County and the Town of Avon
into two broad categories:
• Land within a 'committed area' (where development has already occurred) by the
day of certification of the ballot (September 13, 2000) may be allowed to develop
without the vote of the community;
• Land within a 'growth area', as defined by an officially adopted map which would
be prepared by the Town of Avon and approved by public vote in 2001, would be
permitted to submit for development under special conditions.
Although we will not know the outcome until November, strong polling evidence
suggests that this ballot will receive voter approval and become a constitutional
amendment. If this were to occur, the Town's future land use abilities will be affected
in several different capacities; the most notable of which will be the inability of the
elected and appointed officials to render land use decisions without implicit voter
approval.
In response, the Town Attorney has prepared a resolution for Town Council "s
consideration, which clarifies which of the Town's applications (as defined in the
Avon Municipal Code) constitute a "valid development application ".
Recommendation: Staff recommends that the Commissioners review the language
of the ballot initiative and understand what some of the potential impacts may be.
Also review the proposed Council resolution. If the Commission has any comments
regarding the proposed resolution, Staff will forward those to Town Council.
Attachments: Responsible Growth Ballot, April 21, 2000 version
CIVIL Newsletter, "Citizen Growth Management Ballot Issue
Summarized ", July 21, 2000
Draft Town Resolution (Series of 2000)
THE RESPONSIBLE GROWTH INITIATIVE
(FINAL VERSION SUBMITTED TO THE SECRETARY OF STATE ON 4/21/00)
ARTICLE XXVIII
CITIZEN MANAGEMENT OF GROWTH
BE IT ENACTED BY THE PEOPLE OF THE STATE OF COLORADO:
The constitution of the state of Colorado is hereby amended BY THE ADDITION OF A NEW
ARTICLE to read:
Section 1. Purpose. THE PEOPLE OF COLORADO FIND THAT RAPID, UNPLANNED
AND UNREGULATED GROWTH THROUGH DEVELOPMENT AND SU13DMSION OF LAND
IS A MATTER OF STATEWIDE SIGNIFICANCE AND CONCERN, BECAUSE IT IS CAUSING
SERIOUS HARM TO PUBLIC HEALTH, SAFETY, AND WELFARE BY CONSUMING LARGE
TRACTS OF OPEN SPACE AND FARM AND RANCH LANDS, SCENIC VISTAS AND .
ARCHAEOLOGICAL AND HISTORIC SITES; IMPOSING UNFAIR TAX BURDENS ON
EXISTING RESIDENTS; OVERBURDENING POLICE PROTECTION, EMERGENCY
SERVICES, SCHOOLS, ROADS, WATER SUPPLIES, AND OTHER PUBLIC FACILITIES AND
SERVICES; CREATING INCREASED LEVELS OF TRAFFIC CONGES'T'ION; CAUSING
UNHEALTHY LEVELS OF AIR AND WATER POLLUTION; HARMING WILDLIFE,
BIODIVERSITY AND ECOSYSTEMS; AND IMPAIRING THE ABILITY OF CITMS, CITY AND
COUNTIES, COUNTIES, AND TOWNS TO MAINTAIN COMMUNITY CHARACTER AND
PROTECT NEIGHBORHOODS. THE PURPOSE OF THIS ARTICLE IS TO REQU1RE CITIZEN
MANAGEMENT OF GRONVM BY PROVIDING VOTERS WITH INFORMATION
CONCERNING GROWTH IMPACTS, BY PROVIDING VOTERS WITH CONTROL OVER
GROWTH AREAS IN THEM COMMUNITIES, AND BY REQUIRING COORDINATION
AMONG LOCAL GOVERNMENTS WITH RESPECT TO PROPOSED GROWTH AREAS. THIS
ARTICLE SHALL PRE-EMPT ANY INCONSISTENT PROVISION OF THIS CONSTITUTION,
STATE STATUTE, LOCAL ORDINANCE, OR OTHER PROVISION OF LAW.
Section 2. Definitiorm AS USED IN THIS ARTICLE,'UNLESS THE CONTEXT
OTHERWISE REQUIRES:
(1) "CENTRAL WATIIL AND SEWER SERVICE" MEANS THE PROVISION OF
POTABLE WATER AND DISPOSAL OF SEWAGE BY MEANS OF WATER SUPPLY
PWO LEADING FROM A WATER TREATMENT PLANT OR COMMUNITY WELL
AMID SAMTARY SEWER PIPES LEADING TO AN EFFLUENT TREATMENT
PLANT THAT IS NOT A FREESTANDING PACKAGE PLANT.
(2) "COMbflTTF.D AREA" MEANS AN AREA OF LAND WHICH HAS BEEN
COMMT= TO DEVELOPMENT, IN THAT THE LAND MEETS ONE OR MORE
OF THE FOLLOWING CRITERIA:
(a) AS OF THE DATE ON WHICH THE LOCAL GOVERNMENT BECOMES
SUBJECT TO THIS ARTICLE, ALL OF THE LAND IS CONTAINED WMEN
jo'--1
SUBDIVISION 0 TOWNSITE AT LEAST 50% OF THE
LOTS IN JUCH SUBDIVISION OR fCE (1) HAVE HAD PERMANENT,
PRIMARY S UCTURES CONSTRUCTED ON TIMM OR (II) HAVE HAD
CENTRAL WA'T'ER AND SEWER SERVICES EXTENDED TO THEM A.'YD
ALL LOTS ARE OR SHALL BE SERVED BY CENTRAL WATER AND
SEWER WHEN THE DEVELOPMENT IS COMPLETE; OR
(b) A VALID DEVELOPMENT APPLICATION AS TO SUCH LAND, THE
APPROVAL OF WHICH WOULD RESULT IN DEVELOPMENT THAT SHALL
BE SERVED BY CENTRAL WATER AND SEWER SERVICES, HAS BEEN
`' SUBMITTED TO THE APPROPRIATE LOCAL GOVERNMENT, AS OF THE
ATE ON WHICH THE 2000 GENERAL ELECTION BALLOT WAS
CERTIFIED BY THE COLORADO SECRETARY OF STATE; OR
(c) THE LAND HAS BEEN IDENTIFIED BY THE LOCAL GOVERNMENT AS
AN AREA FOR DEVELOPMENT OR REDEVELOPMENT AND IT (j)
DIRECTLY ABUTS, EXCEPT FOR INTERVENING DEDICATED PUBLIC
STREETS OR ROADS, AREAS MEETING THE CRITERIA OF PARAGRAPH
(a) OF SUBSECTION (2) HEREOF ALONG 100% OF ITS PEPZMTER, OR
ALONG} AT LEAST 50% OF ITS PERIMETER; AND BY PERMANENTLY
PROTECTED OPEN SPACES, FEDERAL LANDS, OR BODIES OF WATER
ALONG THE REMAIIDER OF ITS PERIlI ETER
(3) - DEVELOPMENT- MEANS COMMERCIAL, RESIDENTIAL, OR INDUSTRIAL
CONSTRUCTION OR OTHER ACTIVITY WHICH CHANGES THE BASIC CHARACTER
OR THE USE OF THE LAND SO AS TO PERMIT COMMERCIAL, RESIDENTIAL OR
INDUSTRIAL CONSTRUCTION. "DEVELOPMENT" SHALL NOT INCLUDE THE
CONSTRUCTION, OPERATION, MADnWANCE, REPAIR, OR REPLACEMENT, OF
FACILITIES FOR TELECOMMUNICATIONS, PUBLIC Uran ES, MINING OF
MINERALS AND CONSTRUCTION MATERIALS, OIL AND GAS EXPLORATION AND
PRODUCTION, OR FOR THE DIVERSION, STORAGE, TRANSPORTATION, OR USE
OF WATER WITHIN THE STATE OF COLORADO.
(4) . "GROWTH AREA" IS AN AREA SHOWN ON A GROWTH AREA NIAP
APPROVED BY THE VOTERS AS AN AREA WITHIN.WHICH DEVELOPMENT MAY
OCCUR
(5) MOM GO.vEwmmr MEANS ALL STATU'T'ORY, CHARTER AND HOME
RULE Cn= AND TOWNS, HOME RULE AND STATUTORY COUNTIES, AND CITIES
AND COUN M
(6) "REGULAR ELECTION" MEANS AN ELECTION HELD ON THE FIRST
TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER IN EVEN - NUMBERED
YEARS, OR AN ELECTION HELD ON THE FIRST TUESDAY IN NOVEMBER IN ODD -
NUMBERED YEARS.
() "SUBDIVISION" MEANS THE DIVISION OF AN AREA OF LAND OR A
DEFINED LOT OR TRACT INTO TWO OR MORE DEFINED LOTS OR TRACTS.
L1
ZQ -S
(8) "VALID DEVELOPMENT APPLICATION" MEANS AN APPLICATION THAT
SUBSTANTIVELY MEETS ALL OF THE RULES FOR SUBMISSION APPLICABLE TO A
PROPOSAL AND THAT HAS BEEN ACCEPTED AS TIMELY AND CONTLETE BY THE
LOCAL GOVERNMENT REGULATING THE USE OF LAND COVERED BY THE
APPLICATION.
Section 3. Permitted Development. LOCAL GO S, UNLESS EXERTED IN
ACCORDANCE WITH SUBSECTION (1) OR (2) OF SECTION 4 OF THIS ARTICLE, SHALL
ONLY APPROVE DEVELOPMENT (a) WITHIN COMMMIED AREAS, (b) WITHIN GROWTH
AREAS IN ACCORDANCE WITH VOTER - APPROVED GROWTH AREA MAPS, OR (c) IN
ACCORDANCE WITH THE EXCEPTIONS CONTAINED IN SECTION 9 OF THIS ARTICLE.
Section 4. Growth Area Maps.
(1) THIS ARTICLE SHALL APPLY TO ALL COUNTIES AND CITY AND COUNTIES
WITH A POPULATION GREATER THM 10,000 RESIDENTS AS SHOWN BY THE MOST
RECENT DECENNIAL. CENSUS, OR IF MORE THAN FIVE YEARS HAVE PASSED SINCE
THE LAST CENSUS DATE, 'THEN THE POPULATION AS SHOWN BY A PROJECTION
PREPARED-.BY THE DEPARTMENT OF.LOCAL AFFAIRS ORuTS SUCCESSOR AS OF THE
BEGINNING OF THE FIFTH YEAR FOLLOWING THAT CENSUS DATE. THE GOVERNING
BODY OF ANY COUNTY WITH A POPULATION OF LESS THAN 25,000 RESIDENTS MAY
SUBMIT A REFERRED QUESTION TO THE VOTERS EXDAPTING FOR A MAMMUM
PERIOD OF FOUR YEARS THE ENTIRE COUNTY AND ALL LOCAL GOVERNMENTS
WITHIN IT FROM ALL REQUUkEMENTS OF THIS aTICLE. UPON VOTER APPROVAL OF
SUCH AN EXEMPTION, THIS ARTICLE SHALL NOT APPLY TO SAID COUNTY AND ALL
LOCAL GOVERNMENTS WITEN IT FOR THE PERIOD APPROVED BY THE VOTERS. SAID
FOUR -YEAR PERIOD MAY BE RENEWED OR EX17ENDED BY A SUBSEQUENT REFERRED
QUESTION.
(2) THIS ARTICLE SHALL ALSO APPLY TO EVERY CITY OR TOWN WITH ANY
PORTION OF ITS CORPORATE LIMITS LOCATED IN ANY COUNTY TO WHICH THIS
ARTICLE APPLIES. CITIES OR TOWNS WITH FEWER THAN 1,000 RESIDENTS SHALL NOT
BE REQUIRED TO PREPARE A GROWTH AREA MAP, PROVIDED, HOWEVER, THAT THE
GOVERNING BODY OF A CITY OR TOWN OF FEWER THAN 1,000 RESIDENTS SHALL NOT
APPROVE ANY DEVELOPMENT THAT WOULD CAUSE THE CITY'S OR TOWN'S
POPULATION TO EXCEED 1,000 UNTIL THE VOTERS OF THAT CITY OR TOWN HAVE
APPROVED A CROWM AREA MAP WITH RESPECT THERETO AS REQUIRED BY THIS
ARTICLE.
(3) EVEILY LOCAL GOVERNMENT SUBJECT TO THIS ARTICLE SHALL
DELINEATE ITS CO&OH17IM AREAS NOT LATER THAN DECEMBER 31, 2001 OR WMEN
ONE YEAR OF BECOMENG SUBJECT TO THIS ARTICLE,.WHICHEVER OCCURS LATER.
(4) A GROWTH AREA MAP SHALL INCLUDE A MAP AND TEXT DESCRIBING A
PROPOSED GROWTH AREA AMID SHALL IDENTIFY THE GENERAL LOCATIONS OF EACH
PROPOSED LAND USE AND THE GENERAL RANGE OF DEVELOPMENT DENSI I IES
WMiIN SUCH GROWTH AREA. NO PROPOSED GROWTH AREA MAY BE DESIGNATED
IC, -q
ON A GROW'T'H AREA MAP UNLESS THE DEVELOPMENT IN SUCH AREA SHALL BE
SERVED BY A CEN'T'RAL WATER AND SEWER SYSTEM AND ROADS, WHICH CAN BE
CONSTRUCTED CONSISTENT WITH APPLICABLE BORROWING, TAXING, AND
SPENDING LIMITATIONS, WITHIN TEN YEARS FOLLOWING VOTER APPROVAL. FOR
EVERY CITY, CITY AND COUNTY, OR TOWN, EACH PROPOSED GROWTH AREA SHALL
ABUT ALONG ONB SDCTH OR MORE OF ITS PERIMETER TO A COMMITTED AREA OR TO
ONE OR MORE GROWTH AREAS THAT WERE PREVIOUSLY APPROVED BY THE VOTERS
OF THE PROPOSING CITY, CITY AND COUNTY, OR TOWN. EACH GROWTH AREA MAP
AMID ITS TEXT:
(a) SHALL BE CONSISTENT WITH THE GROWTH IMPACT DISCLOSURES
SET FORTH IN SECTION 5 OF THIS ARTICLE;
(b) SHALL BE DEVELOPED WITH CITIZEN PARTICIPATION, INCLUDING,
PRIOR TO BEING REFERRED FOR VOTER APPROVAL, AT LEAST ONE
PUBLIC HEARIMYBEFORE THE PLANNING COMMISSION OR
EQUIVALENT BODY, AND AT LEAST ONE PUBLIC HEARING BEFORE
THE GOVERNING BODY OF THE PROPOSING LOCAL GOVERNMENT
UPON THIRTY DAYS' PUBLISHED NOTICE:;AND'
(c) SHALL BE CONSISTENT WITH GROW Ifi PROPOSED BY OTHER LOCAL
GO S, IN THAT GROWTH AREA MAPS (I) SHALL BE
DEVELOPED IN COOPERATION WnH THE GOVERNMENT OF EACH
COUNTY IN WHICH THE PROPOSED GROWTH AREA IS LOCATED AND
ANY OTHER LOCAL GOVERMAENT THAT SHARES' A COMMON
BOUNDARY WITH THE PROPOSED GROWTH AREA, AND (II) SHALL NOT
CONFLICT WITH OR OVERLAP THE.GROWTH AREA MAP THAT
ANOT MM LOCAL GO IS PROPOSING FOR APPROVAL AT
THE SAME ELECTION OR WHICH HAS BEEN PREVIOUSLY APPROVED
BY THE VOTERS OF ANOTHER LOCAL GOVERNMENT.
Socdon S. Voter Approvd and Growth Imp&a DisdomuvL THE GOVEP14WG BODY OF
EACH LOCAL GO PROPOSING A GROWTH AREA SHALL REFER EACH
PROPOSED GROWTH AREA MAP TO A POPULAR VOTE AT A REGULAR ELECTION.
(1) THE BALLOT MI E AND SUBMISSION CLAUSE FOR THE REFERENDUM
SHALL BRIEFLY SUUMAREM THE PROPOSED GROWTH AREA WITHOUT ARGUMENT
OR PREJUDICE. APED SHALL ASK WHETHER THE PROPOSED GROWTH AREA MAP
SHALL BE ADCWIM
(2) TEM FRMSING LOCAL, GOVERMAENT SHALL PROVIDE GROWTH
meACT DISQMURM THAT DESCRIBE THE IIaACTS OF DEVELOPMENT ALLOWED
BY THE PROPOW GROWTH AREA MAP. THE GROWTH AREA MAP AND THE
ASSOCIATED GROWTH RdPAGT DISCLOSURES SHALL. BE DIS'T'RIBUTED TO VOTERS IN
ACCORDANCE WITH THE PROCEDURES SET FORTH IN ARTICLE X, SECTION 20 (3). THE
GROWTH IMPACT DISCLOSURES SHALL DESCRIBE:
(a)
THE'ELEMENTS INCLUDING.
APPLICABLE, OPEN SPACES AND PARKS; NEW PUBLIC
2Q-
AND QIFRASTRUCTUFLE, INCLUDING LAW ENFORCEMENT,
gMERGENCy AND HEALTH SERVICES, RECREATIONAL FACILITIES,
ROADS, ALTERNATIVE TRANSPORTATION, SCHOOLS, FIRE
PROTECTION FACILITIES, WATER AND SEWER SERVICES, THE INITIAL
AND ONGOING COSTS FOR SUCH FACILITIES- AND INFRASTRUCTURE,
AND THE PROPOSED FUNDING SOURCES FOR THESE COSTS; NUNMER
OF HOUSING} UNITS, INCLUDING AFFORDABLE HOUSING UNITS; AND
ANY LOCAL GOVERNMENT REVENUE SHARING ARRANGEMENTS;
AND
(b) THE ANTICIPATED EFFECTS OF THE PROPOSED GROWTH, INCLUDING, .
PROJECTED POPULATION INCREASE; TRANSPORTATION AND TRAFFIC
MVACTS WITHIN AND OUTSIDE THE GROWTH AREA; PROJECTED
EFFECT UPON REGIONAL AIR QUALITY; WATER SUPPLY NEEDED AND
THE ANTICIPATED SOURCES AND COST OF THE WATER SUPPLY, AND.
HOW THE PROPOSED GROWTH AREA MAP CONFLICTS OIL
COORDINATES WITH GROWTH AREA MAPS EMfER APPROVED BY, OR
BEING PROPOSED TO, THE VOTERS OF ADJACENT LOCAL
GOVERNMENTS.
(3) ALL GROWTH IMPA& DISCLOSURES SHALL BE BASED UPON THE
BEST GENERALLY AVAILABLE DATA ROUTINELY USED BY LOCAL GOVERNMENT
PLANNERS IN THIS STATE IN THE PREPARATION OF MASTER PLANS AND
COMPREHENSIVE PLANS.
Salon 6. Allowed Actions within Growth Area. ALL DEVELOPMENT, SUBDIVISION OF
LAND, CHANGES IN LAND USE OR DENSITY, APED CONSTRUCTION OR EXTENSION OF
CENTRAL WATER OR SEWER SYSTEMS OR ROADS ON LAND THAT IS WITHIBI A VOTER -
APPROVED GROWTH AREA SHALL BE IN ACCORDANCE WITH THE GROWTH AREA
MAP. DEVELOPMENT UNDERTAKEN BY O'T'HER POLITICAL SUBDIVISIONS OF THE
STATE, ENTERPRISES, SPECIAL IMPROVEMENT DISTRICTS, SPECIAL DISTRICTS, TAX
INCREMENT FINANCING DISTRICTS, OR SCHOOL DISTRICTS, SHALL ALSO BE IN
ACCORDANCE WITIi THE GROWTH AREA MAP. -
Section 7. Devdopm l witWn Committed Areas: DEVELOPMENT OR SUBDIVISON OF
LAND WTITIIl`t A COMI4QITED AREA MAY BE COMPLETED WITHOUT VOTER APPROVAL
IF THE DEVELOPMENT IS COMPLETED IN ACCORDANCE WITH APPROVED PLANS, AND
ANY APPLICABLE AEGUE.ATIONS AND Gr`IJTDELINES._
Secbm IL Aumdment to Growth Area Maps. ANY LOCAL GOVER24MENT MAY REFER
AN ISSUE To TM VOTERS TQ AMEND AN APPROVED GROWTH AREA MAP AT A
REGULAR EL=10N IN ACCORDANCE WITH TIM PROCEDURES SET FORTH IN THIS
ARTICLE.
Section 9. Lords Outside Committed Areas and Growth Areas. NO DEVELOPMENT OR
SUBDIVISION OF LAID SHALL BE APPROVED FOR LAND NOT INCLUDED IN A
COWAI TED AREA OR AN APPROVED GROWTH AREA, EXCEPT THAT A LOCAL
GOvERNNEENT MAY APPROVE OR ALLOW, IN ACCORDANCE WITH ITS LAND USE
RULES AND REGULATIONS:
i
2q -I
(1) DEVELOPMENT WHICH (a) DOES NOT REQUIRE ANY FURTHER LOCAL
GOVERNMENT APPROVALS OR (b) REQUIRES ONLY THE ISSUANCE OF A BUILDD40
PERMIT;
(2) DEVELOPMENT OR SUBDIVISION OF LAND CONSISTENT WITH A
VALID DEVELOPMENT APPLICATION WHICH HAD BEEN FUM AS OF THE DATE ON
WHICH THE 2000 GENERAL ELECTION BALLOT WAS CERTIFIED BY THE COLORADO
SECRETARY OF STATE;
(3) THE CREATION OF NO MORE THAN TIC LOTS OF NO MORE THAN
TWO ACRES EACH TO ACCOMMODATE RESIDENCES OF MIMEDIATE FAMILY
MEMBERS OF AN AGRICULTURAL PROPERTY OWNER; �?
(4) A DIVISION OF LAND THAT IS NOT SUBJECT TO ITS CONTROL AS A
SUBDIVISION OF LAND BASED ON STATUTES IN EFFECT AT THE TIME THE LAND IS
SUBDIVIDED; 5E5 0�2 M o
e (S) PUBLICLY OWNED FACILITIES NECESSARY FOR THE PUBLIC HEALTH,
SAFETY, OR WELFARE;
(6) A DIVISION OF LAND THAT IS PERMITTED BY STATUTE AS A RURAL
CLUSTER DEVELOPMENT AS OF THE EFFECTIVE DATE OF THIS ARTICLE;
(7) NON -RESID OPMENT OF LESS THAN 'TEN THOUSAND
SQUARE FE LTO PERMIT RET R SERVICE USE WHERE NO OTHER RETAIL OR
SERVICE USES ARE LOCATED wrhm4 ONE MILE OF THE SITE; AND
(8) COMMERCIAL OR D DUSTRIAL DEVELOPMENT, OTHER THAN
CONFINED ANIMAL OPERATIONS OR RELATED FAlCIIrI=, THAT PROVIDES
ONLY GOODS OR SERVICES TO SUPPORT NEARBY AGRICULTURAL OPERATIONS, IN
AN AREA W ME THERE ARE NO OTHER COMMERCIAL OR INDUSTRIAL SITES WITHIN
ONE MILE.
Section 10. Private Property Ri&L NOTUNG IN TEAS. SECTION IS INTENDED TO
AFFECT OTHER CONSIMMONAL PROTECTIONS AFFORDED TO PRIVATE PROPERTY.
Section IL d IM ARTICLE SHALL BE LIBERALLY CONSTRUED TO
EFFECTUATE TM PURPOSES SET OUT IN SECTION I. ANY LAWS ENACTED IN
DEROGATION(lF7W ARTICLE SHALT. BE STRICTLY CONSTRUED.
2a -0
CML
CML on the Web: www.cmi.org
pr-o-p-osed
growth - 10ma�re
cal
Where does your
connnunity fail
page 7
Affordable -
bousing -
D011 sets statewide 1
workshops.
page 4
I
Vol. 26, No. 15
MV 21.2000
Citizen growth management
ballot issue summarized
by Camlynne White, Staff Attorney
On July 3, the Supreme Court up-
held the ballot title, "The Citizen
Management of Growth," for proposed
Initiative 256. Proponents are now
gathering signatures to place the mea-
sure on the ballot for November. They
must gather approximately 64,000 sig-
natures by Aug. 7 to make the ballot.
A summary of the initiative follows.
A chart showing which municipali-
ties fall into which of the measure's
categories is on page �Q�
seven. Municipalities
with populations of
less than 1,000 are Preparir
exempt from prepar- Citizens Gr(
ing Growth Area
Maps. Municipalities
within counties of Friday, Aug.
less than 10,000 At
population are 1144 Sherrr
exempt entirely. Fre
Municipalities within seating
counties between Register early:
10,000 and 25,000 in
population may be
exempt, if the county votes to exempt
itself on a countywide basis for four
years. Finally, municipalities with
populations of 1,000 or more in coun-
ties with populations of 25,000 or
greater are not exempt in any way.
The League has not taken a position
on the initiative, but continues to
monitor its progress and analyze its
implications. Our growth committee
will meet in mid- August to consider
the issues and make a recommendation
to the board. In late August, the board
will meet and adopt a position.
SIIIIllgM
This measure adds a new article to
the Colorado Constitution entitled
"Citizen Management of Growth." In
general, the article, which applies only
to counties with populations of greater
than 10,000 residents (and their con-
stituent municipalities) limits the cir-
cumstances under which new develop-
ment may occur to three categories:
■ Land within "committed areas,"
where development has already oc-
curred or has been
or is being
Shop or
on the
ig for the day of certification
of the 2000 general
)wth Initiative election ballot, and
where the develop -
11, 1 -4 P.M. ment would be
DML served by central
lan in Deriver. water and sewer
e but service.
is limited. 0 Land within
Growth Area
(303) 831 -6411. Maps" prepared by
the local govern-
ment and submitted to the electorate
for voter approval. If the map is not
approved, development may not occur.
Significant preparation and analysis
responsibilities are imposed upon local
governments in preparing the maps
and taking them to election.
■ Exceptions to the measure are pro-
vided, including previously approved
but unbuilt projects and seven other
specific exceptions.
By its terms, the measure is de-
clared to be applicable to all general-
See Summary continued on page 2
Ciasfied Corn er
FOR SALE
For sale by the city of Greenwood
Village, one 1996 Elgin Pelican P,
three -wheel sweeper; self_
P2001 D. Please refer to our un`
number 8901.ODO 15,081 (Ho..
2,091) Bids will be received nod.
than July 28 at p.m. Bids-cart
faxed to (303) 706 -1795 or bids ea
be' mailed to 10001 E. Costilla Ave.,
Greenwood pillage, CO 80112. Mark
the envelope Attn: Meet Services:
Contacts; Shawn Khankan, fleet
iF
manager, (303) 708 -6125 or
skhankan 4 greenwoodvillage.cor
4 or Julie Lafasciane fleet staff
assistant, (303) 70$ 76124 or ilafas
ciano @ greenwoodvillage,com.
The town of Snowmass Village is
selling two 1993 Bluebird Mint-
Buses. For information contact Chip
Foster, (976) 9232543 or email:
CfoSterC� tOSy.COm.
FILING SYSTEM AVAILABLE
she city of Nortt(glenn has an open-
if bucket filing system available
free of charge. Equipment consists
of 1 startd4one 45" cabinet;1 dou-
ble-face 9011 cabinet; and 1 stand-
alone 90- (missing "Ln bracket) cabi-
net. Contact Diana Lentz, city clerk,
(303) 450.8755 for information,
CML Ilewarei-
Published biweekly by the Colorado Municipal League
for Colorado's municipal officials. (LISPS 075 -590).
Periodical Postage Paid at Denver, Colorado
Communications Manager. Allison Lockwood
Research Associate: Ianel Helt
POSTMASTER: Send address change form 3579 to
Colorado Municipal League, 1144 Sherman St.,
Denver, CO 80203 -2207; (303) 831-6411, FAX (303)
860 -8175
Subscriptions to CML Newsletter are offered as a portion
of member dues. Cost for nonmembers is $300 a year.
SUMM8rN continued from page 1
purpose local governments: cities,
cities and counties, statutory towns
and home -rule municipalities.
Aw iCabiift and compliance
The measure applies to all counties
with populations greater than 10,000
residents, including city- counties such
as Denver and Broomfield. Included
as well is every municipality "with any
portion of its corporate limits located
in any county to which this article ap-
plies." Municipalities with fewer than
1,000 residents are not required to pre-
pare a Growth Area Map unless ap-
proval of a development would cause
their population to exceed 1,000.
An exemption is provided for coun-
ties with populations of less than
25,000 residents, who may submit a
referred question to the voters exempt-
ing that county
and all of the mu-
nicipalities within
it for periods not
to exceed four
years.
All local gov-
ernments are re-
quired to delineate
their committed
areas not later than
"Development" does not include
construction, operation, maintenanc
repair or replacement of facilities fa
telecommunications, public utilities
mining of minerals and construction
materials, oil and gas exploration at
production, or for the diversion, sto:
age, transportation or use of water.
Committed areas
A committed area is defined as h
which on the effective date of the n
sure has been committed to develol
meat by meeting one or more of thr
criteria:
1. The land is within a recorded
subdivision or town site and at leas
percent of the lots have either had 1
many structures built or water and
sewer service extended to them, an
all lots will be served by central wo
and sewer; or
2. A pending development apph(
Dec. 31, 2001, or
within one year of becoming subject to
the article, whichever occurs last.
Development within committed areas
may take place without any further
voter approval "if in accordance with
approved plans and any applicable
regulations and guidelines."
Allowed deuetopment
The basic premise is that develop-
ment (defined as any commercial, resi-
dential or industrial construction "or
other activity which changes the basic
character or use of the land to permit
such uses ") is permitted only within:
1. a committed area,
2. a voter - approved Growth Area
Map; or
3. under one of the exceptions in
Section 9.
tion with respec
the land has be(
submitted as of
date the 2000 g
eral election ba
was certified, b
only to the exte
the property is
will be served I
central water al
sewer; or
3. The land i
rectly abuts, with at least 50 percel
its perimeter, land meeting criteria
number 1 above, and along the re-
mainder of its perimeter by open
space, federal lands or bodies of w
and the land has been identified fo
development.
The fact that land is within the 1
nicipal boundary currently or in th
future does not qualify it as a com
ted area unless it also meets one o.
three criteria above.
Growth areas
While the definition and use of
committed -area concept permits c
tinued development in areas that 1
been finally approved for develop
or are in the process of such appr(
the Growth Area Map process is c
I.J., 11
signed to regulate new growth. L 1
-rowth area" is defined as an area su
iwn on a Growth Area Map ap-
proved by the voters. it
A Growth Area Map must be pre- it
pared and submitted to the voters be- li
fore any new development may be s
permitted, other than in committed ar- s
eas or areas that qualify under one of h
the Section 9 exemptions. The h
Growth Area Map must include a map
and text describing the area, the gen- b
eral locations of land use and a range
of development densities. No land
may be included within a Growth Area
Map unless central water and sewer
services and roads can be extended to
the area" within the constraints of
applicable borrowing, taxing and
spending limitations, within 10 years
following approval.
Growth areas in municipalities must
abut along one -sixth or more of their
perimeter either a committed area or a
previously approved growth area. The
masure does not define how the one -
sixth contiguity is to be calculated.
The one -sixth contiguity requirement
applies to municipal growth areas but
not counties.
Growth Area Maps and their text
must be submitted to public notice and
hearing before a planning commission
and the elected local governing body
and are required to be "consistent with
growth proposed by other local gov-
ernments." Growth Area Maps may
not "conflict with or overlap the
Growth Area Map that another local
government is proposing for approval
at the same election or which has been
previously approved by another local
government."
The measure outlines disclosure
and election procedures for obtaining
voter approval of Growth Area Maps.
The growth election must be held at a
November election. The proposing lo-
cal government is required to prepare
a ballot title and submission clause
and detailed "growth impact disclo-
sures," which are then sent to voters
as a part of the notices distributed
pursuant to Article X, Section 20(3)"
ABOR]. The contents of the disclo-
res are detailed:
Major elements of the proposed
owth area, including a long list of
ems such as open space, parks, pub-
facilities and infrastructure, roads,
chools, fire protection, water and
ewer, funding sources, number of
ousing units including affordable
ousing and revenue arrangements.
The measure does not describe who
ears the costs of this preparation.
The anticipated effects of the pro-,
posed growth including, among other
of the 2000 general election ballot.
3. The creation of no more than
three lots of no more than two acres
each to accommodate residences for
immediate family members of an agri-
cultural property.
4. Subdivision of land that is not
subject to subdivision control under
state law at the time the subdivision is
approved.
5. Construction of publicly owned
facilities for health, safety and welfare
needs.
6. Division of land that is permitted
things, population, transportation, traf-
fic, air and water quality.
Apparently any substantial variation
in the development from the Growth
Area Map and the proposal approved
by voters requires approval at a subse-
quent election.
Section 9 exceptions
The measure provides eight specific
exceptions in addition to the ones lo-
cated elsewhere:
1. Development of land requiring
no further approvals, other than build -
ing permits.
2. Development or subdivision un-
der a valid development application
that was pending as of the certification
as a cluster development as of the ef-
fective date of the initiative.
7. Nonresidential development of
less than 10,000 square feet of land fi
retail or service uses, where there are
no similar uses located within one
mile.
g. Commercial or industrial devel
opment providing goods and service
to support nearby agricultural opera-
tions (other than confined animal
feeding operations). ■
Related stories continue on pa,
Proposed growth initiative
"Valid development application" defined
by Carolynne White, Staff Attorney
What is a valid development
application? —The principal is-
sue a municipality can address before
the election.
The growth initiative uses the term
"valid development application" in
two places. First, if a valid develop-
ment application has been filed for a
particular piece of property, "the ap-
proval of which would result in devel-
opment that shall be served by central
water and sewer services," that prop-
erty is considered a "committed area"
within which a local government may
approve development. (If property is
in a committed area, it can be devel-
oped without an election, as required
for new growth areas.) The applica-
tion must have been filed by the date
on which the Secretary of State certi-
fies the November ballot. (The dead-
line is Sept. 13, but the secretary could
certify the ballot earlier.)
Second, a local government "may"
approve development, "in accordance
with its land use rules and regula-
tions," if a valid development applica-
tion has been filed, under the excep-
tions in Section 9 of the measure, for
areas that are neither committed areas
nor approved growth areas. This ex-
ception doesn't require central water
and sewer.
A valid development application is
defined by the measure as one that
"substantively meets all of the rules
for submission applicable to a pro-
posal and that has been accepted as
timely and complete by the local gov-
ernment."
What does this mean for
municipalities?
Many of you have already con-
tacted the League to inform us that de-
velopers are inquiring what they must
do to get their properties into commit-
ted areas, or grandfathered under the
measure. One municipality reported
that a developer requested a letter cer-
tifying that its application was "timely
and complete" within the meaning of
the definition of valid development ap-
plication. As the deadline approaches,
this will become a critical issue for
both property owners and municipal
officials. Once the measure is passed,
new development applications may
only be approved if they are in a
growth area, which must be approved
by the voters. (With some exceptions.
See main article on page 1.)
What should municipalities do?
As with many features of the mea-
sure, the ultimate meaning of what
constitutes a valid development
application, or what is "timely and
complete" may be subject to debate
and judicial interpretation. While the
following may shed light on ap-
proaches to secure some level of cer-
tainty, municipal officials are encour-
aged to consult their attorney.
Some municipalities have enacted
ordinances defining what constitutes a
valid development application. For in-
stance, one could designate prelimi-
nary plat, final plat or some other
stage in the process, in much the same
way vested rights ordinances designate
at what point in the process rights to
develop will vest. In this way, both
property owners and municipalities
may achieve some certainty as to
which properties will be included in a
committed area based on the valid de-
velopment application criteria, if the
measure passes.
A more liberal interpretation of
what constitutes a valid development
application could increase a munici-
pality's flexibility by enlarging the
pool of development that can be ap-
proved without an election. This
would also allow a larger Growth Area
Map to be presented to the voters, be-
cause the growth area must have one -
sixth contiguity to a committed area.
On the other hand, this poses the dan-
ger of creating expectations for those
property owners who have submitted
valid development applications that
they will certainly be able to develop,
regardless of the municipality's re-
quirements.
A stricter interpretation could have
the opposite effect. While the danger
of creating expectations among prop-
erty owners is not present, a munici-
pality that defined valid development
application strictly could experience
de facto moratorium because few
properties would qualify as committe
areas. Municipalities experiencing
rapid growth may find this a useful
way to slow things down. On the
other hand, there may be takings im-
plications, if property owners are un-
able to develop their property under
any circumstances.
If a municipality decides to take n
action prior to the date on which the
measure takes effect, if it passes, the
interpretation of what constitutes a
valid development application and
what is "timely and complete" will d
pend on the municipality's interpreta
tion of its own rules and regulations
for development applications (subje(
to possible implementing legislation
judicial review).
In any event, submission of a vali
development application, and being
grandfathered under the measure, aF
parently does not guarantee that a
property owner can develop. It onl)
guarantees that its application will t
considered, under the same rules an
regulations governing development
each municipality before the growtl
initiative. A municipality may still
deny or condition development app
cations, whether or not the property
in a committed area.
For more information, contact
Carolynne C. White, staff attorney
i RESOLUTION NO.
SERIES OF 2000
A RESOLUTION PROVIDING AN INTERPRETATION UNDER TOWN OF AVON
LAND USE REGULATIONS OF THE TERM "VALID DEVELOPMENT
APPLICATION" AS USED IN THE CITIZEN MANAGEMENT OF GROWTH
INITIATIVE (INITIATIVE 256)
WHEREAS, the November 2000 general election may include Initiative 256, entitled
"Citizen Management of Growth," a proposed amendment to the state constitution, and
WHEREAS, among other things, the Growth Initiative provides that development
may be approved by a local government within "committed areas" and, pursuant to Section
9(2), if "consistent with a valid development application which had been filed as of the date
on which the 2000 general election ballot was certified by the Colorado Secretary of State,"
and
WHEREAS, "committed area," as defined in the Growth Initiative means, among
other things, an "area of land which has been committed to development, in that ... a valid
development application as to such land, the approval of which would result in development
that shall be served by central water and sewer services, has been submitted to the
appropriate local government as of the date on which the 2000 general election ballot was
certified by the Colorado Secretary of State," and
WHEREAS, "valid development application," as defined in the Growth Initiative
means, "an application that substantially meets all of the rules for submission applicable to a
proposal and that has been accepted as timely and complete by the local government
regulating the use of land covered by the application," and
WHEREAS, this resolution is adopted in an attempt to avoid unnecessary confusion
as to the types of development applications in the Town of Avon which constitute a "valid
development application" as that term is used in the Growth Initiative, and
WHEREAS, nothing in this resolution is intended to change any land use regulation
currently in force within the Town of Avon, and
WHEREAS, by this resolution the Town of Avon intends to identify some, but not
necessarily all, of the types of land use applications which constitute a "valid development
application" as that term is used in the Growth Initiative, and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
479594.2 MLAYER 09 /1/00 11:51 AM I
Section 1. Any of the following types of applications (whether previously
approved, under review as of the date of this resolution, or subsequently submitted)
constitute a "valid development application," as that term is used in the Growth Initiative, if
the application contains all of the information required by the applicable regulations:
Petitions for Annexation (or Annexation Election);
Annexation and Development Agreements;
Sketch Plans;
Preliminary Plans;
Final Plats (including Minor Subdivisions, Duplex Subdivisions,
Time - Sharing Subdivisions, Vacations, and Replats);
Variances and Exemptions;
All manner of project- specific rezonings including conventional zone districts
and Planned Unit Development (PUD) zone districts;
PUD Development Plans;
Uses Subject to Special Review; and
Amendments to any of the foregoing.
Section 2. Any Annexation Ordinance approved by the Town Council prior to the
date that the 2000 general election ballot is certified by the Colorado Secretary of State shall
constitute a "valid development application" as that term is used in the Growth Initiative.
Section 3. That a development application constitutes a "valid development
application" for the purposes of the Growth Initiative does not guarantee approval of the
development proposal, does not exempt the development proposal from the Town of Avon's
development review process and regulations (including any required public hearings), and
does not prevent the applicant from amending the development application and proposal as
necessary during the development review process.
Section 4. The Town of Avon shall not be liable to any
owner /developer /applicant in the event the interpretation set forth herein shall be invalidated
by a court of competent jurisdiction.
ADOPTED this day of , 2000.
479594.2 MLAYER 09/1/00 11:51 AM 2
TOWN OF AVON, COLORADO
,
ATTEST:
Kris Nash, Town Clerk
APPROVED AS TO FORM:
Burt Levin, Town Attorney
Judy Yoder, Mayor
479594.2 MLAYER 09/1/00 11!51 AM 3
Town of Avon
Final Design Staff Report
Report date
Project type
Legal description
Current Zoning
Address
Introduction
September 5, 2000 Planning & Zoning Commission meeting
September 5, 2000
Mixed -Use Planned Unit Development (PUD)
Lot 1 and 2, Chateau St. Claire
PUD
38374 US Highway 6 & 24
Pursuant to the requirements of the Chateau St. Claire PUD Site Development Plan, approved via
Ordinance 98 -6, the applicant is seeking final design approval for 31 fractional -fee units, 6
employee housing units, 17 whole ownership units, 135 parking spaces and a total of 4,127 sq. ft.
GLFA of commercial space.
Staff has had several meetings with the applicant to resolve a variety of issues.The few
remaining issues are addressed in the recommended conditions of approval.
Design Review Considerations
According to the Commission's Procedures, Rules & Regulations, Section 4. 10, the Commission
shall consider the following items in reviewing the design of this project:
1. The conformance with setbacks, massing, access, land use and other provisions of
the Zoning Code.
• Allowed use: PUD — fractional -fee, whole ownership, commercial, and employee
housing are authorized uses.
• Density: 54 units
4,127 SF GLFA commercial space
• Building Lot Coverage: 22%
• Setbacks: The project complies with the setback and encroachment requirements
established by the Chateau St. Claire PUD, Ordinance 98 -6.
• Easements: There are no encroachments with regard to existing easements.
• Building Height: The building height is restricted to 74 feet. The plans show compliance
with this height limitation.
• Grading: The grading plans submitted by the civil engineer comply with Town
requirements.
• Parking: 124 required, 135 provided (includes 15% reduction for mixed -use projects).
Town of Avon Community Development \ \finance \cd - public \p &z \staff reports\2000 \090500 \chate aufor9500mtng.doc
(970) 748 -4030 Fax (970) 949 -5749
Chateau St. Claire —Final Design Review, page 2 of 4
August 5, 2000 Planning & Zoning Commission meeting
• Snow Storage: A large portion of the entrance and main driveway is snow - melted. A
significant portion of the remaining snow will be hauled from the site. Drainage and
associated pollution control structures are being provided to the satisfaction of the Town
Engineer.
• Landscaping: The proposed landscaping appears adequate for the building and the site.
2. The conformance with other applicable rules and regulations of the Town of Avon.
The project complies with the rules and regulations of the Town of Avon.
3. The type and quality of materials of which the structure is to be constructed.
The type and quality of materials appear to be consistent with Town requirements. However,
all colors and materials must be approved on -site before the issuance of a building permit.
Also, vents and flues are not shown, as well as screening for parking mechanical. Railing
details need to be further refined.
4. The design of site grading and drainage to minimize impacts to adjacent sites, rights -
of -way and easements.
The grading and drainage plans appear to comply with Town requirements. Any disturbance
to wetland areas adjacent to Beaver Creek will require US Army Corps of Engineers
approval.
5. The compatibility of proposed improvements with site topography, to minimize site
disturbance, orient with slope, step building with slope, and minimize benching or
other significant alteration of existing topography.
The site is being maximized for this development. Refinements to the retaining walls behind
the structure need to be indicated.
6. The appearance of proposed improvements as viewed from adjacent and neighboring
properties and public ways, with respect to architectural style, massing, height,
orientation to street, quality of materials, and colors.
The applicant has proposed an ornate and varied architectural that appears complimentary to
the Town and to Beaver Creek. The colors appear consistent with design standards, but
requires specific approval with an on -site mock -up.
7. The objective that no improvement be so similar or dissimilar to others in the vicinity
that monetary or aesthetic values will be impaired.
The improvements proposed will not impair aesthetic values in the vicinity.
8. The general conformance of the proposed improvements with the adopted Goals,
Policies and Programs for the Town of Avon.
The proposed improvements are consistent with the Goals and Policies of the Town as
expressed in the Comprehensive Plan.
Staff Discussion
The applicant has worked diligently with Staff to correct and clarify changes in the final design
application. Some of these changes still need clarification in the variety of plan sheets
submitted. However, Staff is confident that the applicant can submit the required corrections and
clarifications prior to the builing permit process, and therefore, recommends conditional
approval.
Town of Avon Community Development \ \finance \cd - public \p &z \staff reports\2000 \090500 \chateaufor9500mtng.doc
(970) 748 -4030 Fax (970) 949 -5749
Chateau St. Claire —Final Design Review, page 3 of 4
August 5, 2000 Planning & Zoning Commission meeting
Staff Recommendation
Staff recommends the approval of this final design application for Chateau St. Claire subject to
the following conditions:
1. The applicant must submit to the Town an approved CDOT access permit and any
required utility permit(s) prior to the issuance of any building permits.
2. The access design submitted for CDOT approval must be consistent with and be
accompanied by clarification of the bike lane, pedestrian path, bus stop location, and the
bridge design. These elements must be submitted to and approved by the Town Engineer
prior to the issuance of any building permits.
3. A deed transfer of Lot 2 of this PUD to the Town of Avon must be executed prior to the
issuance of a Certificate of Occupancy of this project as agreed to by the approval of the
Preliminary Plat.
4. The applicant must construct an on -site mock up of the colors and materials for the
Planning & Zoning Commission to review for approval prior to the issuance of any
building permits. All lighting must have frosted or seeded glass and be downcast to
prevent glare. Railing details, ventilation and flue screening, and parking structure
mechanical details must be submitted and approved by Community Development Staff
prior to the issuance of any building permits.
5. The redesign of the Porte Cochere to a minimum height clearance of 13'6" and including
any required turning clearances for fire equipment, must be approved by the Town Fire
Marshall prior to the issuance of any building permits.
6. Stormceptor capacity and flows need to be refined and submitted for approval by the
Town Engineer prior to the issuance of any building permits. All disturbances required
for drainage flows that impact jurisdictional wetland areas along Beaver Creek must be
permitted by the US Army Corps of Engineers prior to the issuance of any building
permits.
7. A master sign program must be submitted and approved by the Planning & Zoning
Commission prior to the issuance of any building permits.
8. Retaining wall redesign, signed and stamped by a structural engineer, and including the
use of geotextile material and lower overall retaining wall heights (in particular the
southeast corner of the property) need to be submitted as part of the building permit
application and approved prior to any building permits being issued for the project.
If you have any questions regarding this project or any planning matter, please call me at 748-
4002, or stop by the Community Development Department.
Respectfully submitted,
a i atieb, AICP
Town of Avon Community Development \ \finance \cd - public \p &z \staff reports\2000 \090500 \chateaufor9500mtng.doc
(970) 748 -4030 Fax (970) 949 -5749
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