TC Ord. No. 24-01 Amending Title 7 Of The Avon Municipal Code To Enact Community Housing Zoning DistrictsA
Avo n
C U I O R A D O
ORDINANCE 24-01
AMENDING TITLE 7 OF THE AVON MUNICIPAL CODE TO ENACT COMMUNITY
HOUSING ZONE DISTRICTS
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") has
submitted a Code Text Amendment ("CTA") application to modify Title 7 to include zone
districts specific to new Community Housing development; and
WHEREAS, the Town of Avon Planning & Zoning Commission ("PZC"), after publishing and
posting notice as required by law, held a public hearing on December 5th, 2023, and December
19th, 2023, prior to formulating a recommendation to the Town Council considered all
comments, testimony, evidence, and Town Staff reports, and then took action to adopt Findings
of Fact and made a recommendation to the Town Council to approve 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 January 9, 2024 for First
Reading of this Ordinance, 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, 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 January 23, 2024 for
Second Reading of this Ordinance, 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, Code Text Amendments, the Town Council has
considered the applicable review criteria for a Code Text Amendment application; and
WHEREAS, the Application complies with AMC §7.16.010, General Criteria, and is consistent
with the Comprehensive Plan community goals in supporting Avon's housing goals; and
Ord 24-01 Code Text Amendment: Community Housing
Page 1
WHEREAS, the text amendments also promote the health, safety, and general welfare of the
Avon community by providing the framework in creating new community housing projects; 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 Rule 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 §7.16.015 and AMC §7.20.075, are hereby
amended as depicted in "Exhibit A — Community Housing Code Text Amendments"
depicting the 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.
Ord 24-01 Code Text Amendment: Community Housing
Page 2
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed
to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right
or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper
actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or
right, and for the purpose of sustaining any judgment, decree or order which can or may be
rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing,
inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and
held as remaining in force for the purpose of sustaining any and all proceedings, actions,
hearings, and appeals pending before any court or administrative tribunal.
Section 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 HEARING by the Avon Town Council on
January 9, 2024, and setting such public hearing for January 23, 2024, at the Council Chambers
of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Color
Br4 ATTEST:
�N OF,4 l/0
rXZ
l
SEAL'
y P illips, Mayor Miguel Jau u' C anueva; T d,Clerk
C�j �t3gp0
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on
January 23, 2024, 2024.
r:1
Miguel Jau#goi Casanueva,
APPROVED AS TO FORM:
Nina P. Williams, Town Attorney
Ord 24-01 Code Text Amendment: Community Housing
Page 3
ATTACHMENT A
Exhibit A to Ordinance 24-01
CODE TEXT AMENDMENT
Avon
C 0 L O R A D 0
This document contains the draft language proposed for
Ordinance 24-01 Community Housing Zone Districts
This document introduces new zone districts specific to Community Housing within the pertinent sections
of the Avon Municipal Code, with this Ordinance.
This Ordinance Affects Title 7
ATTACHMENT A
Exhibit A to Ordinance 24-01
CODE TEXT AMENDMENT
7.20.075 Community Housing Districts.
Purpose statement:
(a) General Purpose. The Community Housing Districts allow higher residential density with 100% of
the residential units subject to deed restrictions that meet the definition of Community Housing in
3.14.020. A Community Housing zone district intends to provide adequate sites for dedicated
workforce housing, which, because of the nature and characteristics of Community Housing design
and need, typically, cannot be adequately regulated by the development standards prescribed by
other standard residential zone districts provided that adequate light, air, privacy, open spaces, and
other amenities like access to public transit, schools, etc., are considered appropriate for this use.
(b) Intent. The Community Housing Districts zoning districts are intended to:
(1) Provide opportunities to develop Community Housing, which supports the Avon
Comprehensive Plan the Avon Community Housing Plan, and promotes the public health,
safety and general welfare;
(2) Provide appropriately located areas for Community Housing development which are close
neighborhood commercial, parks, open space, schools and public facilities;
(3) Ensure adequate light, air, and privacy for all dwelling units;
(4) Promote compatibility with the scale and character of existing residential neighborhoods and
the community;
(5) Promote non -vehicular dependent lifestyles through convenient access to transit, pedestrian
and bike trails and routes, and vehicle sharing; and
(6) Encourage Community Housing Mixed -Use projects where appropriate that combine
residential development with opportunities for commercial uses that serve the neighborhood
to promote residential life-style convenience, improved street level building design that is
attractive and inviting, increased activation of sidewalks and public spaces, walkable
neighborhoods, chance social interactions, economic vitality, reduced traffic congestion and
enhanced investment interest.
(c) Development Bonus. Development projects within Community Housing Districts may apply for a
Development Bonus, which projects shall be reviewed on a case by case basis in accordance with
the procedures and review criteria in 7.16.170.
(d) Community Housing Medium Density. The CHMD district is established to accommodate small
single-family, duplex and townhome development as either single neighborhoods of similar units or
in a neiahborhood with a mix of unit types. The CHMD district should be located alonq a minor
arterial or local road.
ATTACHMENT A
Exhibit A to Ordinance 24-01
CODE TEXT AMENDMENT
Table 7.20-6
Community Housing Medium Density
Dwelling
Max.
Max.
Min.
Max. Lot
Min. Front
Min. Side
Min. Rear
Max.
Setback
Setback
Tvpe
Density
Units Per
Landscape
Coverage
Setback
Building
Building
Area.
f%!
units/
feet
feet
feet
Height
acre
feet
SF/Du /
10 du/
N/a
10%
80
10
7.5
10
35
Multi-
acre
family / TH
(e) Community Housing High Density —1. The CHHD-1 district is established to accommodate multi-
family development in cost effective configuration, construction type and density that permits a high
number of residential units with a maximum of four (4) stories of residential or three (3) stories of
residential above one (1) level of at grade parking.
Table 7.20-7
Community Housing High Density -1
Dwelling
Tvpe
Max.
Density
units/
acre
Max.
Units Per
Min.
Landscape
Max. Lot
Coverage
Min. Front
Min. Side
Setback
feet
Min. Rear
Max.
Building
Height
feet
Setback
iLg
Setback
ikg
Building
Area,
f/0
Multi-
family / TH
25 du/
I acre
N/a
10%
80
10
7_5
10
48
(f) Community Housing High Density — 2. The CHHD-2 district is established to accommodate multi-
family development in cost effective configuration, construction type and density that permits a high
number of residential units with a maximum of five (5) stories of residential or four (4) stories of
residential above one (1) level of at grade parking.
Table 7.20-8
Community Housing High Density - 2
Dwelling
Tvpe
Max.
Density
units/
acre
Max.
Units Per
Min.
Landscape
Max. Lot
Coverage
Min. Front
Min. Side
Setback
feet
Min. Rear
Max.
Building
Height
feet
Setback
feet
Setback
feet
Building
Aread
f_%t
Multi-
Tamil / TH
30 du/
I acre
N/a
10%
80
10
7_5
10
60
(g) Community Housing Mixed Use —1. The CHMU-1 district is established to accommodate ground
level commercial with multi -family development above in cost effective configuration construction
type and density that permits a high number of residential units with a maximum of four (4) stories.
ATTACHMENT A
Exhibit A to Ordinance 24-01
CODE TEXT AMENDMENT
Table 7.20--9
Community Housing Mixed Use -1
Dwelling
Type
Max.
Density
units/
acre
Max.
Units Per
Min.
Landscape
Max. Lot
Coverage
Min. Front
Min. Side
Setback
feet
Min. Rear
Max.
Buildin
H2tgty
feet
Setback
feet
Setback
feet
Building
Area.
j%1
Multi-
familI
25 du/
acre
N/a
10%
80
10
7.5
10
48
[11
Allowed commercial uses permitted on the
Qround floor office uses oermitted on the second floor.
(h) Community Housing Mixed Use — 2. The CHMU-2 district is established to accommodate -ground
level commercial with multi -family development above in cost effective configuration, construction
type and density that permits a high number of residential units with a maximum of four (4) stories.
Table 7.20-10
Community Housinq Mixed Use - 2
Dwelling
Type
Max.
Density
units/
acre
Max.
Units Per
Min.
Landscape
Max. Lot
Coverage
Min. Front
Min. Side
Setback
feet
Min. Rear
Max.
Building
Height
feet
Setback
feet
Setback
feet
Buildin
Area.
NO
Multi-
familI
25 du/
acre
N/a
10%
80
10
7.5
10
60
[11 Allowed commercial uses permitted on the
round floor office uses ermitted on the second floor.
Other Amendments (This Title). Other amendments will include the insignificant re -numbering of
subsequent Tables following this new AMC Code section.
7.16.015 Community Housing — Development Applications.
Regardless of the type of development review, all projects affecting or creating Community Housing
units as defined in Section 3.14.020 — Definitions, are granted priority scheduling in accordance with
the applicable Review Authority.
See Also Table 7.24.040 Table of Allowed Uses (Next Page)
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