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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. 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