Loading...
TC Ord. No. 22-15 Amending Title 7 of the Avon Municipal Code Development Bonus Code Text AmendmentsA Avon �n, neenn ORDINANCE 22-15 AMENDING TITLE 7 OF THE AVON MUNICIPAL CODE DEVELOPMENT BONUS CODE TEXT AMENDMENTS 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; and WHEREAS, The Town Council of the Town of Avon ("Applicant" or "Council") initiated a Code Text Amendment application to modify Title 7 of the Avon Municipal Code ("AMC"), incorporating a new section pertaining to Development Bonuses, intended to facilitate creative projects that would otherwise not be permitted by codified zoning and development standards; and WHEREAS, the Town of Avon Planning & Zoning Commission ("PZC"), after publishing and posting notice as required by law, held a public hearing on September 6, 2022, took action to made a recommendation for Town Council approval of the Application; and WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority granted by the Town Charter, its ordinances, and State of Colorado law, has review and decision- making authority to approve, approve with conditions or deny the Application; and WHEREAS, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, Council held a public hearing on September 27, 2022, and prior to taking final action considering all comments, testimony, evidence and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has considered the applicable review criteria for a Code Text Amendment application; and WHEREAS, the Application complies with AMC §7.16.040(c), Review Criteria, and is consistent with the Comprehensive Plan's goal of providing a balance of land uses while contemplating and attracting new development and redevelopment in the Town of Avon through the use of discretionary Development Bonus provisions; and WHEREAS, the text amendments also promote the health, safety, and general welfare of the Avon community by providing this flexibility to developers in exchange for community benefits like new housing, economic benefits, and/or public or civic space enhancements, which without this tool, may dissuade or prohibit desirable projects or redevelopment from occurring; and Ord 22-15 Development Bonus Code Text Amendments — September 27, 2022, Town Council Page 1 of 3 WHEREAS, this amendment will provide the discretionary tools necessary for Town Council to achieve good quality projects with increased community benefits for the Town of Avon; and WHEREAS, these text amendments provide incentives to provide a policy environment that is favorable for local housing projects, as directly supported by the Avon Community Housing Plan; and WHEREAS, the health, safety, and welfare of the citizens of the Avon community would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Ride Charter by setting a Public Hearing to provide the public an opportunity to present testimony and evidence regarding the Application, and, that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance prior to any final action prior to concluding the public hearing on second reading. 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. Code Text Amendments. AMC §7.16.170, AMC Table 7.16-1 and AMC §7.28.020 are hereby amended as depicted in "Exhibit A — Development Bonus Code Text Amendments" with strike-ou depicting language to be deleted and underline depicting language to be added. Section 3. 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 has 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 4. 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 5. Safety Clause. The Town Council hereby finds, determines and declares 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 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 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to Ord 22-15 Development Bonus Code Text Amendments — September 27, 2022, Town Council Page 2 of 3 --t,.I —IY —VV Iv. LJ — -U AV" LVI-VJn401 -.Jauvda release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross- reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on September 13, 2022, and setting such public hearing for September 27, 2022 at the Council Chambers of the Avon Municipal Building, local �ndr,d Milcaela Way, Avon, Colorado. �pwN OFq BYATTEST: S EA : hSara Smith Hymes, Mayor Pa enny, Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on September 27, 2022. BY: Sarah Smith Hymes, Mayor APPROVED AS TO FORM: �Doouftned by:: L 1"W Karl Hanlon, Town Attorney ATTEST: rSE FgAL.. a enny,To lerhk Ord 22-15 Development Bonus Code Text Amendments — September 27, 2022, Town Council Page 3 of 3 EXHIBIT A TO ORDINANCE 22-15 DEVELOPMENT BONUS CODE TEXT AMENDMENTS Section 7.16.170 Development Bonus Development bonus means the approval of development project which differs from the minimum or maximum zoning as a means to provide an incentive for a development proiect that provides one or more desired public benefits described in this Section. Development bonus type means the type of public benefit proposed by the development proiect that corresponds to one of the listed types in section (d) below. (a) Purpose. The purpose of this section is to provide a discretionary process to facilitate creative projects that would otherwise not be permitted by codified zoning and development standards. Development bonuses may be awarded for proposed development projects in all zone districts in accordance with this Section. (b) Applicability. Development bonuses will be considered when the Applicant has demonstrated substantiated community benefits that would not otherwise be achieved through the strict or literal compliance with the zoning and development standards outlined in Section 7.16.170(8. (c) Review Procedures. Applications for development bonus shall follow the general review procedures_ set forth in Section 7.16.020, An application for a development bonus shall be submitted concurrently with the principal application for development of the property and shall follow the notice and hearing requirements of the underlying development application. A public hearing and recommendation by PZC, followed by a public hearing by Town Council is required before the Town Council acts on an application for a development bonus. A development bonus shall_be_granted if the Town Council determines and makes specific findings that the public benefit provided is sufficient to support the development bonus and will be effective and binding on the Town only if the terms and conditions are contained in a development agreement which contains provisions that the development bonus is conditioned upon the performance and completion by the property owner of defined public benefits offered for the development bonus. (d) Development Bonus Types. A development bonus will only be considered for the public benefits in the categories defined in this sub -section (d). Multiple development bonuses may be awarded by the Town Council and may be applied cumulatively to a proiect or property.. Development bonus proposals may include one or more of the following types: (1) Community Housing. Provision of Community Housing in excess of Employee Housing Mitigation standards required by Section 7.20.100. (2) Economic Stimulus. Projects demonstrating a substantiated economic benefit to the Town, that may not otherwise be achieved through the strict and literal interpretation of development standards. Examples of economic stimulus include hotel developments that significantly ncreases the Town's tax base, developments with retail and commercial activation components that front public rights of way, and redevelopment of underutilized buildings or portions thereof. EXHIBIT A TO ORDINANCE 22-15 DEVELOPMENT BONUS CODE TEXT AMENDMENTS (3) Public/Civic Space Enhancements. A. development bonus may be awarded for public enhancements such as parks, plazas, play areas, and other enhancements to public pedestrian areas, public parking, civic spaces .and transit facilities. On-site pedestrian enhancements and civics aces shall be open to the public. Off-site pedestrian enhancements shall be no further than 2,500 feet from the property boundary of the development. Ongoing maintenance of publicicivic improvements and other details are to be defined in a development agreement. (e) Review Criteria. The following criteria shall apply for the reviewing body when evaluating development bonus -proposals: (1) Impacts do not outweigh benefits. External impacts of requested development bonuses on the public, adiacentproperty owners,. or the Avon community do not outweigh the public benefits. (2) Mitigation of impacts. If impacts are presented by the requested development bonus, the shall -be mitigated by the. Applicant to the extent practicable. Town may require an analysis and may require mitigation of the impacts on all public facilities infrastructure and services which serve the property, including but not limited to public infrastructure, streets, additional water rights required to serve the development, fire protecti. on, ambulance services, transit, parks, and recreation. Conditions to granting a development development bonus may be necessary to ensure harmony with the community, (3) Location and design. The location and design of any contribution towards Public parking, transitpedestrian enhancement streetsca a improvement, or civic facilities shall take into consideration functionality, current and projected demand.. and_ long-term maintenance and operation costs, and shall include such lenal documents as are deemed necessary and acceptable to the Town. (f) Zoning and Development Standards. Reasonable development bonuses may be.aaaroved _ for the following zoning and development standards: (1) Parking._ The minimum parking requirements may be reduced. (2) Building Height. The maximum building height ma be exceeded. (3) Landscape Area. The minimum landscape area may be reduced. (4) Density. The maximum density may exceeded. (5) Setback. The minimum setbacks may be reduced. (6) Lot Coverage. The maximum lot coverage may be exceeded. EXHIBIT A TO ORDINANCE 22-15 DEVELOPMENT BONUS CODE TEXT AMENDMENTS Table 7.16.1: Development Review Procedures and Review Authority Procedure Notice Requirements* Director PZC TC Comprehensive Plan Amendment 7.16.030 R H -R H -D Code Text Amendment 7.16.040 R H -R H -D Rezoning (§7,16. 50) M R H -R H -D Planned Unit Development (§7.16.060) Administrative PUD D A Minor PUD Amendment M R H -R H -D Lot Split PUD Amendment for Wildrid a PUD M R H -R H -D Major PUD Amendment M R H -R H -D Preliminary PUD M R H -R H -D Final PUD M R H H -D Subdivision (§7.16.070) Administrative Subdivision D A Minor Subdivision D A Preliminary Plan M R H -R H -D Final Plan M R H -D Development Plan (§7.16.080) Minor D or R H -D A Major R H -D A Major in Town Core R H -R H -D Special Review Use 7.16.100 M R H -D A Variance 7.16.110 M R H -D A Alternative Equivalent Compliance 7.16.120 R R -D or R A or R- D Right-of-way Vacation 7.16.130 M R H -D Vested Property Right 7.16.040 M R H -R H -D Location, Character and Extent 7.16.150 R H -D A Sign Plan (§7.16.160) nor D or R H -D A Fmajor R H -D A Development Bonus { 7.16.1701 fo H -R H•D Appeal 7.16.1780 H -D Annexation 7.36 M R H -R H -D 1041 Permit 7.40 R H -R H -D Historic and/or Cultural Preservation Designated 7.50 H -D EXHIBIT A TO ORDINANCE 22-15 DEVELOPMENT BONUS CODE TEXT AMENDMENTS 7.28.020. Parking and Loading (h) Off -Site Parking. (1) Applicability. Off-site parking shall refer to any parking area which is provided and required to meet the minimum parking standards in this Development Code and which is located on a separate lot or ownership interest than the use, structure or lot which the parking serves. (4Pjanned Unot "^ve4Gp C-€st hr-nent-of off-site pa{ktf f # e estarbtis#ied as by pmvale a -planned unk-developmest (? '1) Design and Location. Off-site parking shall have a direct, adequate and convenient pedestrian connection to the use, structure or lot which such parking serves and shall not be located more than five hundred (500) feet from the use, structure or lot which it serves. (4 ) Control of Off -Site Parking Facilities. In cases where off-site parking facilities are permitted, such facilities shall be owned and in the same identical ownership as the use, structure or lot which the parking serves.