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TC Ord. No. 19-06 Amending Sections 7.08, 7.20.080, and Table 7.20-13 of the Avon Municipal Code to Permit Community Housing as a Use by Right in the Light Industrial and Commercial Employment District Zone DistrictTOWN OF AVON ORDINANCE 19-06 AMENDING SECTIONS 7.08, 7.20.080, AND TABLE 7.20-13 OF THE AVON MUNICIPAL CODE TO PERMIT COMMUNITY HOUSING AS A USE BY RIGHT IN THE LIGHT INDUSTRIAL AND COMMERCIAL EMPLOYMENT DISTRICT ZONE DISTRICT RECITALS WHEREAS, the Avon Town Council ("Town Council") initiated a code text amendment application ("Application") to amend the text of the Avon Development Code ("ADC") in accordance with ADC §7.16.040, Code Text Amendment; WHEREAS, the Avon Planning & Zoning Commission ("PZC") held a public hearing on July 2, 2019, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to formulating a recommendation; WHEREAS, after conducting the noticed Public Hearings, PZC made the required findings to recommend approval to the Town Council; WHEREAS, the Town of Avon ("Town") is a home rule 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; WHEREAS, pursuant to the home rule powers of the Town, the Town Council has the power to approve ordinances necessary and proper to provide for the safety, preserve the health, promote the comfort, and convenience of its inhabitants; WHEREAS, the Town Council held a public meeting on September 10, 2019 to consider the Application and first reading; WHEREAS, the Town Council held a Public Hearing on September 24, 2019 after posting notice as required by law, considered all comments, testimony, evidence, Planning and Zoning Commission recommendations, and staff reports prior to taking action on the Application; WHEREAS, the Town Council finds that changes to the Light Industrial and Commercial Employment District (IC District) provide a method of delivering more Community Housing to residents and workers in the Town; WHEREAS, the Application was reviewed with the criteria listed in ADC §7.16.040(c), Review Criteria, and are found to be in substantial compliance; WHEREAS, the Application promotes and implements the goals and policies of the Avon Comprehensive Plan, including, but not limited to, implementation of the Avon Community Housing Plan by providing additional housing development in the IC District; Ord 19-06 IC Zone District Revisions for Community Housing September 24, 2019 - SECOND READING Page 1 of 5 WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Home Rule Charter and the ADC by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed Application. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Section 7.08 - Definitions. is hereby amended to read as follows with underline indicating language to be adopted: Community Housing means the definition of Community Housing as set forth in Avon Municipal Code Section 3.14.020. Section 3. Amendment to Section 7.28.080 - Mixed-use and commercial districts purpose statements. is hereby amended to read as follows with strike - out indicating language to be deleted and underline indicating language to be adopted: (g) Light Industrial and Commercial (IC). This district is intended to provide for a variety of businesses, including warehouses, research and development firms, repair shops, wholesale distributors, light manufacturing and Community Housing. This district may include supporting office and commercial uses where appropriate. Uses permitted in this district are intended to serve community and regional needs. This ais+ri^* is intended to be loeate 1 away from low and di density residential Eleve opment. The IC district implements the light industrial commercial and employment classification of the Avon Future Land Use Plan and should be located along an arterial roadway. Section 4. Amendment to Table 7.20-13 - Dimensions for the Light Industrial and Commercial Employment District. is hereby amended to read as follows, with strike out indicating language to be deleted and underline indicating language to be adopted: Ord 19-06 IC Zone District Revisions for Community Housing September 24, 2019 - SECOND READING Page 2 of 5 Min. Lot Min. Max. Lot Min. Min. Min. Min. Max. Max. USE Size (acres Lot Coverage Landscape Front Side Rear Building Density TYPE ors .) q' ft Width (%) Area (%) Setback Setback Setback Height Residential (feet) (feet) (feet) (feet) (fee) Mixed Use 21,780 sq. ft. 100 50 20 25 7.5 10 48 See footnote 1 or IC Community 21,780 sq. 100 50 20 25 7.5 10 48 10 du/acre Housing ft Ord 19-06 IC Zone District Revisions for Community Housing September 24, 2019 - SECOND READING Page 2 of 5 [1] Accessory dwelling units are permitted as a special review use pursuant to Section 7.16.100. The maximum density residential in mixed use project shall be no more than four (4) ADU per acre; provided, however, on lots located on less than one (1) acre, the Maximum Residential shall be four (4) ADU per lot. j2] Additional Water Rights Dedication. The dedication of additional water rights may be required as a condition to approval of development which exceeds the meter size assigned to the property. The Town may accept cash -in -lieu of dedication in accordance with a water rights dedication impact fee schedule adopted by ordinance if the Town has adequate availability of surplus water rights as determined by the Town Council in its sole discretion. Section 5. Amendment to Section 7.24.040 - Table of allowed uses. is hereby amended to read as follows, with stake-ou indicating language to be deleted and underline indicating language to be adopted: Use Categooy Use Type P - Permitted Use S = Special Review Use Use - Districts in GREY are retired and not available for Spec rezoning. Specific Regulatio Residential Nonresidential ns R RH NC MC TC SC P P IC OLD D L M H C F Residential Uses Dwelling, Single- P P Family Detached Household Dwelling, Living Two -Family/ P P P Duplex ' I Dwelling, Townhouse P P P P Ord 19-06 IC Zone District Revisions for Community Housing September 24, 2019 - SECOND READING I Page 3 of 5 Dwelling, Multi -Family P P] P l�00� CommunityP P P P P P P Hog P — — P — P— — S 1P I Dwelling, live/ work S S S S S S P S Accessory S S S S DU [1] Limited to 8 units per building in RM Section 6. Codification of Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 7. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 9. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation Ord 19-06 IC Zone District Revisions for Community Housing September 24, 2019 - SECOND READING Page 4 of 5 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 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. Section 11. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on September 10, 2019 and setting such public hearing for September 24, 2019 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: Sarah Smith Hymes, Mayo ATTEST: Brenda Torres, Town SPI OF q " ADOPTED ON SECOND AND FINAL READING on September 24, 2019. :• Sarah Smith Hymes, Mayor APPROVED AS TO FORM: All- Wisor, Town Attorney ATTEST: Brenda Torres, Town C �NOFA�O� :SAL: �OLORA��� Ord 19-06 IC Zone District Revisions for Community Housing September 24, 2019 - SECOND READING Page 5 of 5