The URL can be used to link to this page

PZC Packet 110513Staff Report - Code Text Amendment - PUBLIC HEARING R �iNovember 5, 2013 Planning& Zoning Commission Meeting11 Report date November 1, 2013 Project type Code Text Amendment Zoning N/A Address N/A Prepared By Jared Barnes, Planner II 9�-u; Introduction This report summarizes Avon Municipal Code ("AMC") amendments for consideration by the Planning and Zoning Commission ("PZC"). The Town Council initiated a series of AMC text amendments earlier this year. Given the breadth of amendments, and in order of prioritize the review, Council broke the amendments into two "tiers". The PZC already reviewed the first tier amendments as discussed later in this report with the major changes including: Chapter 7.16.020, General Procedures and requirements, AMC; and, Chapter 7.16.o6o, Planned Unit Development, AMC. This report summarizes Staff's recommendation to address the remainder of second tier amendments. The amendments will be explained in detail in the Planning Analysis below. Please find draft Resolution 13-o6 (Attachment A) attached to this report for your review, which includes a redline strikethrough of the pertinent code changes. The Staff Recommended modifications area in red and either struck through for removal of language or underlined for addition of language. Planning and Zoning Commission recommended language is in blue with the same stylistic approach. 2013 Code Amendments At the April 9th, 2013 meeting, the Town Council initiated a series of Code Text Amendments that would be processed during the 2013 calendar year. These amendments were broken into two tiers based on their priority to potential pending applications and the summer construction season. A brief list of the tiers is as follows: 1St Tier Code Amendments 1. PUD Amendments vs. Minor Amendments I §7.16.o6o(h), Amendments to Final PUD 2. PZC/TC Processing Requirements I §7.16.02o(e), Public Hearings 3. Natural Resource Protection I §7.28.1oo, Applicability, & §7.28.1oo(d)(2) Flood Damage Prevention 4. Defined Terms I §7.o8.olo, Definitions 2"d Tier Amendments 1. Signs 1 §15.28, Sign Code 2. Mailed Notice I §7.o6.02o(d)(2) 3. Historic Preservation Committee I §7.12.07o, Historic Preservation Committee, Table 7.16-1, Development Review Procedures and Review Authority, §7.16.17o, Historic Designation 4. Re -zoning & Zoning Amendments 1 §7.16.050, Zoning Amendments 5. Design Review Purpose I §7.16.ogo, Design Review 6. Neighborhood Commercial Zone District I §7.2o.o8o(a), Neighborhood Commercial, Table 7.20-7, Dimensions for the Neighborhood Commercial District 7. Allowed Uses for Industrial Commercial (IC) I Table 7.24-1 8. Landscaping I §7.28.050(f)(1) Parking Lot Perimeter Landscaping 9. Building Code Cleanup I Title 15, Building Code November 5, 2013, PZC Meeting —2nd Tier Code Text Amendments I I 10. Fireplaces I §15.24, Solid -Fuel Burning Devices 11. FEMA Regulations I §7.28.1oo(d)(2) Flood Damage Prevention Through Ordinance 13-09, the Town Council approved the first round of Code Text Amendments which included: Development Review Procedures Table; Public Hearing review timeframe; Minor Amendment and PUD Amendment Processes; Development Plan review modifications; Design Review modifications; and, Natural Resource Protection. As discussed below, this proposed code text amendments addresses the following sections: Mailed Notice; Historic Preservation Committee; Rezoning terms; Neighborhood Commercial zone district; Building Code clean ups; Fireplace regulations; FEMA regulations; and Wildlife Enclosures. The only outstanding code sections are as follows: Defined Terms; Signs; Allowed Uses in the IC zone District; and Landscaping. Due to the scope of each of these sections and the need for the FEMA regulations to be adopted prior to the end of 2013, Staff has decided to process these amendments as a tier and then subsequently begin work session reviews with the PZC to begin addressing the outstanding items. Update The PZC reviewed the proposed code text amendments at their October 15, 2013 meeting. The discussion centered on the Wildlife Enclosure regulations and Fireplace regulations. There was confusion regarding the proposed modification as well as how the new language would affect current properties. Staff has reviewed these sections and has provided additional language that would help clarify the requirements as well as additional analysis in the below section to better clarify the applicability questions. Staff has also included the PZC recommended modifications to the Historic Preservation section, by pulling "Prehistoric Interest" out into its own review criteria. Planning Analysis The proposed modifications outlined in the attached code sections will not only provide clarity, but will also cleanup sections that are either redundant, contradictory, or have been found to be troublesome for code users. Following is a section by section review, in order of appearance, outlining the changes: Section 7.08, Definitions — Pages 23, 27-29, 32-33, 35, 37-38, 45 These definition amendments are solely limited to those required to implement the FEMA regulations as well as the Historic Preservation Regulations. The definitions regarding the FEMA regulations were reviewed and amended by Jamie Prochno, Colorado Water Conservation Board, to ensure compliance with the Nation Flood Insurance Program as administered by FEMA. The proposed definitions for the Historic Preservation Regulations are similar, if not identical to the definitions used in the Municipal Code prior to the adoption of Title 7, Development Code. A future review of definitions will occur in a subsequent code amendment. Section 7.12.070, Historic Preservation Advisory Committee — Pages 52-53 This section will be added to establish a Historic Preservation Advisory Committee (H PAC). It will also set forth a purpose and duties for this body. Additional regulations will be discussed later in this report that will set forth the standards for which this body shall adhere to when dealing with historical sites, structures, etc. These regulations are extremely similar to ones previously adopted by the Town prior to the adoption of Title 7, Development Code. November 5, 2013, PZC Meeting —2nd Tier Code Text Amendments I I Table 7.16-1, Development Review Procedures and Review Activity — Page 54 Although recently amended by the 1St tier amendments, Staff identified additional inconsistencies. First, the term "Zoning Amendment" is being replaced with "Rezoning" throughout the code. Second, staff realized that many review stops were called out as public hearings on this chart even though the specific processes only required a hearing and review. The table has been updated to reflect actual review procedures. Section 7.16.02o(d)(2), Mailed Notice — Page 58 This section is being modified to reflect the application processes that actually require a public hearing as called out by the specific review process or that Staff has identified as an application type that should be noticed through mailings. The amendment was initiated based upon the Special Review Use procedure, but upon further examination it appeared additional processes should include the mailed notice procedure. Section 7.16.05o, Rezoning— Page 62-63,169 The only modification to this section is the consistent use of the term "Rezoning" as opposed to "Zoning Amendment". Throughout the pages identified above and Table 7-16, Staff has modified the terms to only use Rezoning. It was chosen as the preferred term as a zoning amendment indicates that a zoning classification is being modified, while a rezoning is a broader term, better resembling the intent of the application process. Section 7.16.16o, Appeal — Page 89 This section modifies the appeal procedures to allow an appellant to agree to a shorter timeframe and different notification method than what would be allowed by the code. It will provide flexibility, with appellant approval, to allow for expeditious Town Council review. Table 7.20-7, Dimensions for the Neighborhood Commercial District — Page 94-95 This specifies the Maximum Residential Density of 7.5 DUs/Acre. This is the same maximum density that the NC zone district had prior to the adoption of the development code and what is identified as the baseline in the section immediately following the table (§7.20.o8o(a)(1)) that allows for the density to be increase with additional water right dedication. This amendment will not modify the density allowance in this district, but will further clarify it. Section 7.28.1oo(d), Flood Damage Prevention — Page 179-185,188-189 The modifications, along with the previously discussed Definitions, are intended to address required FEMA regulations modifications. As stated above these regulations were reviewed and proposed by the Colorado Water Conservation Board and are intended to provide compliance and consistency with the National Flood Insurance Program as administered by FEMA. Most of the regulations are related to updated terms of art used by FEMA, while others are intended to modify the specific regulations. In general, the regulations have become a bit more defined and in one (1) specific case more restrictive, by limiting the lowest floor to one (1) foot above the Base Flood Elevation (BFE). Staff has little ability to comment on these regulations, but agrees with the proposed language and therefore suggests they be adopted as proposed. Chapter 7.5o, Historic and/or Cultural Preservation Designated — Page 267-270 This section will be added to establish procedures, guidelines and standards for the designation of Historic and/or Cultural sites and structures by the Historic Preservation Advisory Committee (HPAC). These November 5, 2013, PZC Meeting —2nd Tier Code Text Amendments 11 3 regulations are extremely similar to ones previously adopted by the Town prior to the adoption of Title 7, Development Code, and only differ to function within the updated code layout, not content wise. As was requested by the PZC, "prehistoric" is no longer included under the review criteria for "historic significance" and is now its own subsection. Staff does not have any suggestions as to the potential criteria for review and suggests that it remain under historic significance, but has provided a single review criteria largely based on the criteria provided for "historic significance". Section 8.32.020, Wildlife Protection — Page 8-27 — 8-28 This is the definition for "Wildlife -resistant enclosure" which refers to an outdated Design Review process and exempts enclosures under a certain size (zoo SF) from the requirement for a building permit. Staff believes that the section should refer to a generic design review process and that as application names change the code section can seamlessly transition. In addition, the Building Official is concerned about the lack of permitting for some enclosures; therefore, the language has been updated to give discretion to the Building Official related to requiring a permit. The PZC recommended that the minimum size requiring a permit be tied to other portions of the Municipal and Building Code that discuss a similar issue. Staff has not identified sections in either code that exempt project from permits if under a specified size; therefore, recommend that this requirement be removed. The modified language proposed ties the need for a permit to the Building Official and the Building Code requirements. Section 15.02.010, Definitions — Page 15-5 The definition of Person is being amended so that it matches that used in the Development Code. The definition of person is mainly used throughout this code for identifying violations and penalties of the Building Code. It is a term that is intended to capture all forms of ownership of property and structures. Section 15.16.060, Section 902 — Masonry Fireplaces — Pages 15-28 —15-31 This section is repealed in its entirety and replaced with identical definitions that are included in Chapter 15.24, Solid -Fuel -Burning Devices. As both sections address wood and gas fireplaces, the need for identical language is imperative to the Building Code functioning. This section and the section below were discussed at length be the PZC. The rationale for these sections was to address poor air quality when wood fireplaces were utilized throughout the valley and specifically the valley floor. The elevation of 728o feet was chosen because it was an elevation that separated the two mountain communities (Wildridge and Mountain Star) from the valley floor communities. The reason EPA certified wood fireplaces are required is to ensure a reduction in particles that are emitted into the air when wood fireplaces are utilized. The regulations as exist today permit one (1) new technology device in single-family and duplex structures above an elevation of 7280. All dwelling units in triplex buildings or greater are not permitted a new technology device. In addition, below an elevation of 7280, one (1) new technology device is permitted in the lobby of a hotel. To permit a new technology device, a fee of $1,500 or $3,000 is required. Anywhere in town a liquid or gaseous fireplace is permitted. The proposed regulations do not change these requirements they only provide for consistency between the two (2) sections that regulation fireplaces in the building code. Upon further examination it appeared that there were key words within each section that contradicted the intent of the section therefore, staff has recommended that an additional language be removed where the term "new technology device" was included as permitted in areas below an elevation of 7280. November 5, 2013, PZC Meeting —2nd Tier Code Text Amendments 11 4 Section 15.24.035, Regulations above elevation of seven thousand eight hundred twenty feet - Page 15-39 - 15-40 This is a new section and is similar in rationale to the previous section modifications. In order for the Building Code to properly regulation wood and gas fireplaces, both code sections need to have identical regulations and it was identified that this section lacked the regulations above 7,5oo. This is a new section proposed, which is identical to the regulations located in Chapter 15.16, International Mechanical Code. Review Criteria §7.16._040(c), Code Text _AmendmentReview Criteria. The PZC shall use the following review criteria as the basis for recommendations on applications to amend the text of the Avon Municipal Code: (1) The text amendment promotes the health, safety, and general welfare of the Avon Community; (i) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; (3) The text amendment promotes or implements the purposes stated in the Development Code; or (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts, or other social or economic conditions. Staff Recommendation Staff is recommending approval of Resolution 13-o6, as proposed. Due to timing of approvals and the need to have FEMA regulations adopted prior to the end of 2013, Staff recommends that the PZC remove any section from Resolution 13-o6 that they cannot come to a recommendation on. This will allow the FEMA regulations to move forward and allow for additional discussion time on any portion of the proposed language that the PZC requests. Attachment A: DRAFT Resolution 13-o6, including redline strikethrough AMC text November 5, 2013, PZC Meeting —zed Tier Code Text Amendments I I Attachment A TOWN OF AVON, COLORADO PLANNING COMMISSION RESOLUTION 13-06 SERIES OF 2013 A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO TITLE 7, DEVELOPMENT CODE, TITLE 8, HEALTH AND SAFETY, AND TITLE 15, BUILDING AND CONSTRUCTION, OF THE AVON MUNICIPAL CODE WHEREAS, the Town of Avon ("Town") is a home rule authority 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, the Town has adopted regulations to protect and maintain wildlife and these regulations need to be amended as to not conflict with the Building Code requirements; WHEREAS, the Town adopted the Avon Development Code ("ADC") and find that the text must be amended periodically to address changed conditions, unintended consequences or changes in public policy; WHEREAS, the Planning and Zoning Commission ("PZC"), Town Council, and Staff have identified code sections that warrant amendments including the Definitions, Development Review Procedures and Review Activity, Mailed Notice, Rezoning, Appeal, Dimensions for Neighborhood Commercial District, and Flood Damage Prevention sections; WHEREAS, the PZC, Town Council, and Staff have identified the need for adoption of regulations establishing a Historic Preservation Advisory Committee and setting forth standards for Historic and/or Cultural Preservation Designated; WHEREAS, The Town Council initiated this code text amendment ("Application") on April 3, 2013, pursuant to their powers granted by §7.16.040(a), Review Procedures, Avon Municipal Code ("AMC"); WHEREAS, Town has adopted regulations governing Buildings and Construction and these regulations need to be amended to provide consistency with the Development Code and between the regulations governing fireplaces; WHEREAS, the PZC held a public hearing on October 15, 2013, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation; WHEREAS, the PZC finds the Application complies with the review criteria set forth in §7.16.040(c), Review Criteria, AMC as described below; and, WHEREAS, it is the PZC's opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of the amendments. Attachment A NOW THEREFORE, BE IT RESOLVED, that the PZC hereby recommends that the Town Council approve the attached amendments ("Exhibit A to Resolution 13-06") with the following finding: (1) The amendments comply with the criteria set forth in §7.16.040(c) of the Avon Municipal Code. (2) The amendments provide clarity and consistency for modifications to Titles 8 and 15. ACCEPTED, APPROVED AND ADOPTED THIS 15th DAY OF OCTOBER, 2013 AVON PLANNING AND ZONING COMMISSION Signed: James Clancy, PZC Chairperson Resolution 13-06, 2nd Tier Code Text Amendment 2 Exhitit A to Resolution 13-06 Annual High Water Mark means the visible line on the edge or a river, stream, lake, pond, spring or seep up to which the presence and action of water are so usual and long conditions (with a recurrence interval of one (1) year or less) so as to create a distinct character with respect to vegetation and the nature of the soil. Applicant means an owner of real property, the owner's representative, or owner of an option to acquire the property or portion thereof, who is authorized to represent and/or act upon any application or submittal. Appurtenances are the visible, functional, or ornamental objects accessory to and part of a building. Arcade is a series of arches supported on piers or columns. Architectural Projection means a building element (i.e., chimney, cupola) which physically projects beyond the plane of a required limitation (i.e., height). Automobile Repair Shop, major means an establishment primarily engaged in the repair or maintenance of commercial and heavy truck oriented motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, provided it is conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products. Automobile Repair Shop, minor means an establishment primarily engaged in the repair or maintenance of passenger and light truck oriented motor vehicles, trailer and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, car washing, detailing, polishing or the like, provided it is conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products. Awning means a roof -like cover of canvas or other material extending in front of a doorway or window, or over a deck, to provide protection from the sun or rain. Balcony means that portion of a structure that is essentially open and outward from the main building with a floor and a railing, with or without a ceiling, and over four (4) feet above the existing ground level. Basement means the definition of Basement as set forth in the most recent version of the International Building Code adopted by the Town of Avon. Base Flood Elevation (BFE) means the elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, Al -A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1 -V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent 0%) chance of equaling or exceeding that level in ani given year. Bed and Breakfast means an establishment operated in a private residence or portion thereof, which provides temporary accommodations to overnight guests for a fee and which is occupied by the operator of such establishment. 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 23 Exhitit A to Resolution 13-06 Church or Place of Worship and Assembly means a building containing a hall, auditorium or other suitable room or rooms used for the purpose of conducting religious or other services or meetings of the occupants of such structure. Church or place of worship and assembly shall include churches, synagogues or the like, but shall not include buildings used for commercial endeavors, including, but not limited to, commercial motion picture houses or stage productions. Common Element means that portion of a condominium project held in common ownership by the owners or the condominium association or that portion of a project other than a condominium project which is not under the exclusive ownership or possession of the owners or occupants of a limited portion of the project. Common Open Space means open space designed and intended primarily for the use or enjoyment of residents, occupants and owners of a specific property or development. Community Facility means a publicly owned facility or office building which is primarily intended to serve the recreational, educational, cultural, administrative or entertainment needs of the community as a whole. Compatibility means the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development. Comprehensive Plan means the Town of Avon Comprehensive Plan; The West Town Center District Investment Plan; The East Town Center District Plan; The Master Plan for Harry A. Nottingham Park; The Town of Avon Recreational Trails Master Plan; and, The Town of Avon Comprehensive Transportation Plan, any other document adopted as a supplement or sub -area plan of the Avon Comprehensive Plan, as all such documents may be amended from time to time provided that such amendments or supplemental documents are adopted by ordinance. Conditional Letter of Map Revision (CLOMR) means FEMA's comment on a proposed project, which does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing re ug latory floodplain. Condominium means an individual airspace unit together with the interest in the common elements appurtenant to such unit. Connecting Walkway means: (a) Any street sidewalk; or (b) Any walkway that directly connects a building entrance(s) to the street sidewalk, and connects other origins and destinations for pedestrians, including but not limited to commercial establishments, schools, parks, dwellings, work places and transit stops, without requiring 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 27 Exhitit A to Resolution 13-06 pedestrians to walk across parking lots or driveways, around buildings or following parking lot outlines which are not aligned to a logical route. Conservation Easement means an interest in real property that provides the owner of the easement the right to prohibit certain users or acts with respect to the property in order to maintain the property in a manner that will preserve its value for recreation, education, habitat, open space, or historical importance. See also §38-30.5-102 C.R.S. Construction (Activity) means work done on a job site that alters the existing conditions of a property. Construction Staging Plan means a site plan submitted with final design and building permit plans showing, at the minimum: contractor parking, construction materials storage, limits of site disturbance, snow storage, refuse storage, sanitation facilities, project signage, and construction trailer(s) location, as applicable. The staging plan may be combined on the same plan sheet as the Pollution Control Plan. Convenience Retail Store means a retail store containing less than five thousand (5,000) square feet of gross floor area which sells everyday goods and services which may include, without limitation, ready -to -eat food products, groceries, over-the-counter drugs and sundries. Council means the governing board of the Town of Avon. Covenants means private written agreements outlining regulations specific to a development. As private restrictions, they are not enforced by the Town. In the event of conflict between the covenants and this Code, this Code controls. Crosswalk means a pathway delineated on a street for pedestrians to cross. Critical Facility means a structure or related infrastructure, but not the land on which it is situated, as defined by the Colorado Water Conservation Board, a division of the Department of Natural Resources, Rules and Regulations for Regulatory Floodplains - Rule 6: Critical Facilities dated November 17, 2010, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the communily. any time before, during and after a flood. Cul-de-sac means a local street with only one outlet and having the other end for the reversal of traffic movement. Dedicated Real Property Interest means real property interest transferred to the Town by platting, title, deed or other legal method approved by the Town Attorney. Dedication means any grant by the owner of a right to use real property for the public in general, involving a transfer of property rights, and an acceptance of the dedicated property by the appropriate public agency. Density, Dwelling Units per Acre, means the overall average number of dwelling units located on the gross or net residential acreage (as applicable) contained within the development and calculated on a per -acre basis. Gross density is calculated by dividing the total number of 2" d Tier Title 7 Amendments 2013 Update October 1, 2013 Page 28 Exhitit A to Resolution 13-06 units by the total acreage. Net density is calculated by dividing the [total number of units] by the [total acreage minus all publicly dedicated land]. Design Standard means any standard that sets forth specific requirements for development improvements. Detention Basin means a man-made or natural water collector facility designed to collect surface and sub -surface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of property, into natural or manmade outlets. Developer means any person, partnership, joint venture, limited liability company, association or corporation who participates as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale or lease of a development. Development means the grading or clearing of land, the erection, construction or alteration of structures, the change of use of a property, or the division of property to create two (2) or more separate ownership interests. (a) Development shall also include: (1) Any construction, placement, reconstruction, alteration of the size, or material change in the external appearance of a structure on land; (2) Any change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on a tract of land or a material increase in the intensity and impacts of the development; (3) Any change in use of land or a structure; (4) Any alteration within thirty (30) feet of a shore or bank of a river, stream, lake, pond, reservoir or wetland; (5) The commencement of drilling oil or gas wells, mining, stockpiling of fill materials, storage of equipment or materials, filling or excavation on a parcel of land; (6) The demolition of a structure; (7) The clearing of land as an adjunct of construction; (8) The deposit of refuse, solid or liquid waste, or fill on a parcel of land; (9) The installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent property; and (10) The construction of a roadway through or adjoining an area that qualifies for protection as a wildlife or natural area. (b) Development shall not include: 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 29 Exhitit A to Resolution 13-06 Elevation means the external vertical plane of a building. Elevations are considered different if they have different roof lines, building materials, details, color and overall stylistic expression. Employee means a person employed in a building or on a property during normal periods of use. Employee Housing means that housing used exclusively for persons employed in Eagle County. Environmentally Sensitive Area means aquifer recharge areas, significant wildlife habitat and migration corridors, unique vegetation and critical plant communities, and ridge lines. Family means an individual living alone, or either of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities: (a) Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship; or (b) Any unrelated group of persons consisting of: (1) Not more than four (4) persons; or (2) Not more than two (2) unrelated adults and their children, if any; or (3) Not more than eight (8) developmentally disabled persons and appropriate staff occupying a dwelling unit and living as a single, nonprofit housekeeping unit. Family Child Care Home means a facility for child care in a place of residence of a family or person for the purpose of providing less than twenty-four (24) hour care for children under the age of eighteen (18) years who are not related to the head of such home. Family child care home may include infant -toddler child care homes, large child care homes, experienced provider child care homes, and such other types of family child care homes designated by rules of the State Department of Social Services pursuant to C.R.S. §26-6-106(2)(p). Farm Animal means animals commonly raised or kept in an agricultural, rather than an urban, environment including, but not limited to, chickens, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys and mules. FEMA means Federal Emergency Management Agency. Fence means enclosing framework for exterior areas, such as yards or gardens. FHA means Federal Housing Administration. Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a) The overflow of water from channels and reservoir spillways; (b) The unusual and rapid accumulation or runoff of surface waters from any source; or 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 32 Exhitit A to Resolution 13-06 (c) Mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry areas, such as earth carried by a current of water and deposited along the path of the current. Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the Special Flood Hazard Areas and the risk premium zones applicable to the community Flood Insurance Study (FIS) means the official report provided by FEMA. The report contains the FIRM as well as flood profiles for studied flooding sources that can be used to determine BFE for some areas. Floodplain or Flood prone Area means any land area susceptible to being inundated as the result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir. Floo6o)lain or Flood Mai-,ard,4rea means an area whieh has been designated by F -EM, Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than ane (1) feet a designated height. The Colorado statewide standard for the designated height used for all newly studied reaches shall be one-half (0.5)foot. Footprint, also called Ground Level Footprint, means the outline of the total area which is covered by a building's perimeter at ground level. Foster Care Home means a facility that is certified by the county department of social services or a child placement agency for child care in a place of residence of a family or person for the purpose of providing twenty-four (24) hour family care for a child under the age of eighteen (18) years who is not related to the head of such home, except in the case of relative care. Frontage means the portion of a lot that fronts on a public or private street. Functional Open Space means open space which is large enough to serve a practical purpose such as recreation, wildlife habitat or preservation of areas of agricultural, archeological or historical significance and shall exclude areas used for off-street parking, off-street loading, service driveways and setbacks from oil and gas wells or their appurtenances, or other hazards to the public. Garage, Parking means a building or portion thereof, either public or private, used only for parking of motor vehicles. Geologic Hazard means unstable or potentially unstable slopes, undermining, faulting, landslides, rock falls, flood, wildfire or similar naturally occurring dangerous features or soil conditions or natural features unfavorable to development. Government Services, Offices and Facilities means an office or building of a governmental agency that provides administrative and/or direct services to the public, such as, but not limited 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 33 Exhitit A to Resolution 13-06 Highway Corridor means the area within one thousand five hundred (1,500) feet of the rights-of-way of the State Highway. Historic Preservation Advisory Committee means a five -person advisory committee appointed by the Town Council to make recommendations and findings regarding historic sites, structures or features in the Town of Avon. Historic and/or Cultural Landmark means a site and/or structure designated as a historic landmark by the Historic Preservation Committee and approved by the Town Council within the Town. Home Occupation means an occupation or business activity which results in a product or service and is conducted in whole or in part in a dwelling unit, and is subordinate to the residential use of the dwelling unit. Home Office means any occupation, profession or other activity that takes place in a dwelling unit and is meant to produce income or revenue, or any activity associated with a non- profit group which: (a) Does not produce noise audible outside the dwelling unit where such activity is taking place; (b) Does not cause or require customers, delivery persons, employees or any person, to enter the property on which the dwelling unit is located; (c) Does not require alteration to the residence to satisfy applicable Town, Fire or Building Codes, or County health regulations; (d) Does not require or allow any signs to be visible from the outside of the property; and (e) Does not change the appearance or residential character of the structure. Homeowners Association means the association set up to enforce the covenants and maintain all common areas and buildings for a development (also known as "Owners Association"). Hospital means an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training and central services facilities and staff offices. Hotel, Motel and Lodge means a building, excluding Bed and Breakfast, containing any room or group of rooms use primarily for short term transient lodging for a total continuous duration of less than thirty (30) days and which may include accessory uses such as offices, laundry facilities, recreational facilities, lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory uses commonly associated with hotels, motels and lodges. Industrial, heavy means uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions. Heavy industrial shall also mean those 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 35 Exhitit A to Resolution 13-06 Lane means a private street; or a portion of a roadway delineated for a single line of vehicles; or a secondary means of access to the abutting lots and not intended for general traffic circulation. Large Retail Establishment means a retail establishment, or any combination of retail establishments in a single building, occupying more than twenty-five thousand (25,000) gross square feet of floor area, except that no supermarket shall be deemed to be a large retail establishment. Letter of Map Revision (LOMR) means FEMA's official revision of an effective FIRM or Flood Boundary and Floodway Map (FBFM), or both. LOMRs areeg nerally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing _re ug latory floodway, the effective BFEs or SFHA. Letter of Map Revision Based on Fill (LOMR-F) means FEMA's modification of the SFHA shown on the FIRM based on placement of fill outside the existing regulatory floodway. Livestock means farm animals kept or raised for use, pleasure and/or profit. Loading Space means an off-street space or berth on the same lot with a building, or contiguous thereto, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access. Long-term Care Facility means any of the following: (a) Convalescent center means a health institution that is planned, organized, operated and maintained to offer facilities and services to inpatients requiring restorative care and treatment and that is either an integral patient care unit of a general hospital or a facility physically separated from, but maintaining an affiliation with, all services in a general hospital. (b) Nursing care facility means a health institution planned, organized, operated and maintained to provide facilities and health services with related social care to inpatients that require regular medical care and twenty-four (24) hour per day nursing services for illness, injury or disability. Each patient shall be under the care of a physician licensed to practice medicine in the State of Colorado. The nursing services shall be organized and maintained to provide twenty- four (24) hour per day nursing services under the direction of a registered professional nurse employed full time. (c) Intermediate health care facility means a health-related institution planned, organized, operated and maintained to provide facilities and services which are supportive, restorative or preventive in nature, with related social care, to individuals who because of a physical or mental condition, or both, require care in an institutional environment but who do not have an illness, injury or disability for which regular medical care and twenty-four (24) hour per day nursing services are required. Lot means a parcel of real property as shown with a separate and distinct number or letter on a plat recorded with the County Clerk and Recorder, or when not so platted in a recorded 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 37 Exhitit A to Resolution 13-06 subdivision, a parcel of real property abutting upon at least one public street and held under separate ownership. Lot Area means the total horizontal area within the lot lines of a lot, except that beneath the mean waterline of a body of water. Lot Coverage means the ratio of the area of the site which is rendered impermeable by buildings compared to the total area of a site, excluding those rendered undevelopable, expressed as a percentage. Lot Depth means the average distance between the front lot line and the rear lot line. Lot, double frontage means lots which front on one (1) public street and back on another. Lot, flag means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street. L of L in e, fron t means the property line dividing a lot from a street. Lot Line, rear means the line opposite the front lot line. Lot Line, side means any lot lines other than the front lot line or rear lot line. Lot Size means the total horizontal area within the lot lines of a lot; synonymous with area of lot. Lot Width means the distance parallel to the front lot line, measured at the front building setback line. Lot width on a curving front lot line means the distance parallel to the tangent of the front lot line at the building setback line. The lot width and the lot frontage may have different lengths on an irregularly shaped lot as they are measured at different points on the lot. Lowest Floor means the lowest floor of the lowest enclosed area (including basement). Any floor used for living_ purposes which includes working storage, sleeping, cooking and eating, or recreation or any combination thereof. This includes any floor that could be converted to such a use such as a basement or crawl space. The lowest floor is a determinate for the flood insurance premium for a building, home or business. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirement of Section 60.3 of the National Flood Insurance Pro regulations. Manufactured Home means a single-family dwelling which: (a) Is partially or entirely manufactured in a factory; (b) Is at least twenty-four (24) feet wide and thirty-six (36) feet long; (c) Is permanently affixed to and installed on an engineered permanent foundation; 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 38 Exhitit A to Resolution 13-06 Slope means the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentage as a means of quantifying the term "slope." Special Flood Hazard Area (SFHA) means the land in the floodplain within a community subject to a one percent(1%) or greater chance of floodingin given year, i.e., the 100 -year Street means a public thoroughfare which affords the principal means of access to abutting property. Streetscape means the distinguishing character of a particular street, within or adjacent to the public right-of-way, including paved materials, and the adjacent space extending along both sides of a street including landscaping, sidewalks, medians, lighting, street furniture, and signage. Structure means a combination of materials to form a construction for use, occupancy or ornamentation whether installed on, above or below the surface of land or water. Subdivision means the platting of a lot or the division of a lot, tract or parcel of land into two (2) or more lots, plots, sites, or airspace units. Subsidence means a local mass movement that involves the downward settling or sinking of the solid Earth's surface. Subsidence may be due to natural geologic processes or man's activity such as coal mining. Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "Start of Construction" of the improvement. The value of the structure shall be determined by the local jurisdiction having land use authority in the area of interest. This includes structures which have incurred "Substantial Damage",gardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or, (b) Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure" Survey means a land plat survey, stamped and signed by a registered Colorado Surveyor, showing topographic contour intervals depicted at an engineering scale. Tandem Parking means parking two (2) cars in a driveway or parking space so that one car is right in front of the other and the front car can not move until the back car is moved. Temporary Use means a prospective use intended for limited duration, is to be located in a zoning district not permitting such use, and shall not include continuing a nonconforming use or building. 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 45 Exhitit A to Resolution 13-06 (e) Delegate any duty set forth in this Development Code to another official within the Community Development Department when determined appropriate and efficient by the Director. 7.12.060 Other Departments and Agencies The Town may request review and input of applications from other Town boards, commissions, departments, other governmental agencies, and non-government agencies, as determined appropriate considering the nature of the application. 7.12.070 Historic Preservation Advisory Committee (a) Establishment and Purpose. There is hereby established a Historic Preservation Advisory Committee (HPAC) of the Town. The purposes of the HPAC are as follows: (1) To promote the health, safety and welfare of the residents of the Town of Avon through the regulation of historic and/or cultural sites and structures; (2) Foster civic pride in the beauty and accomplishments of the past; (3) Protect and enhance the Town's attraction to tourists and visitors and increase the quality of life of the residents; (4) Promote the use of historical or architectural sites, structures and objects for the education and welfare of the residents of the town; (5) Promote and encourage private ownership, stewardship and utilization of such sites, structures and obiects: (6) Integrate historic and/or cultural preservation with the Town of Avon Comprehensive Plan; (7) Maintain the Town's unique character by recognizingthe importance of preservation and renewing the Town's legacy for present and future generations; (8) Discourage the unnecessary demolition of historic and/or cultural resources; (9) Provide incentives for the continued use of historic and/or cultural resources and facilitate their appropriate stewardship and reuse; (10) Encourage the conservation of historic settings and landscapes; (11) Promote retention of historical integrity in the context of proposed land use. (b) Duties. The HPAC shall have the following functions and duties: (1) Recommend Historic and/or Cultural Landmarks which meet the Landmark Designation Criteria to the Town Council; 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 52 Exhitit A to Resolution 13-06 (2) Review Applications for any permit which includes the exterior alteration, relocation or removal of a site or structure designated as a Historical and/or Cultural Landmark and make recommendations to the Planning and Zoning Commission. 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 53 Exhitit A to Resolution 13-06 Chapter 7.16 Development Review Procedures 7.16.010 Purpose. This chapter contains regulations and the procedures for development applications. §7.16.020 contains regulations that are generally applicable to all development application review procedures, described in a series of sequential steps. The purpose is to establish uniform procedures for application types to the extent possible. Subsequent sections identify the applicability of the common steps to specific procedures, noting any differences between the common procedures and those for the specific procedure. Specific procedure provisions supplement, rather than replace, provisions of the common steps, unless the provisions conflict, in which case the provisions of the specific procedure control. Table 7.16-1 indicates the specific review and approval procedures of this chapter, with section references. Table 7.16-1: Development Review Procedures and Review Authority Procedure 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 Zoning Amendmen Rezoning (§7.16.050) R H -R H -D Administrative PUD D A Planned Minor PUD Amendment R H -R H -D Unit Development Major PUD Amendment R H -R H -D (§7.16.060) Preliminary PUD R H -R H -D Final PUD R H -R H -D Administrative Subdivision D A Subdivision Minor Subdivision R H -D (§7.16.070) Preliminary Plan R H -R H -D Final Plat R H -D Development Minor D A Plan Major R HR -D A (§7.16.080) Major in Town Core R fl -R HR -D Design Review (§7.16.090) R -D or R HR -D A Special Review Use (§7.16.100) R H -D A Variance (§7.16.110) R H -D A Alternative Equivalent Compliance (§7.16.120) R HR -D or H -R A or HR -D Right -of -Way Vacation (§7.16.130) R H -D Vested Property Right (§7.16.140) R H -R H -D Location, Character, and Extent (§7.16.150) R H -D A Appeal (§7.16.160) H -D Annexation (§7.36) R H -R H -D 1041 Permit (§7.40) R H -R H -D R=Review/Recommendations; H=Public Hearing; D=Decision; A=Appeal 7.16.020 General Procedures and Requirements. 2" d Tier Title 7 Amendments 2013 Update October 1, 2013 Page 54 Exhitit A to Resolution 13-06 which is the subject of a development application, as measured from the boundary of the property. If a property within three hundred (300) feet that requires notification is a condominium project, notice may be mailed to the managing agent, registered agent, or any member of the board of directors of the project. Mailed notice shall be postmarked at least eleven (11) days prior to the meeting. Mailed notice shall be sent by the Town at the applicant's expense. The Eagle County Assessor's records may be used to determine the addresses of real property owners. The Town shall include a certificate of mailing in the public record. Mailed notice shall be required for annexationIdme ts, major subdivision, planned unit development, rezoning, right-of-way vacation, -variance, and vested property right applications. (3) Notice Content. Every required form of notice shall state the time and place of the hearing, the name of the applicant, a general description of the subject property indicating its location (which shall be shown by map), a brief summary of the subject matter of the hearing, a description of the proposed development, a statement that the application or information relating to the proposed change or amendment is available in the Director's office during regular business hours for review or inspection by the public, and a statement that written comments may be submitted to the Community Development Department. All required notices shall be approved by the Director prior to posting or distributing. (4) Constructive Notice. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed. Any person who appears at a public hearing is deemed to have received constructive notice and waived any grounds to challenge defective notice. If a question arises at the hearing regarding the adequacy of notice, the reviewing or decision-making body shall make a formal finding as to whether there was substantial compliance with the notice requirements of this Code. When the records of the Town document the publication, mailing, and posting of notices as required by this section, it shall be presumed that notice was given as required by this Section. If the reviewing or decision-making body takes action to continue a hearing to a future specified date, time and location, then constructive notice is deemed to have been provided for such continued hearing date and additional notices shall not be required. (e) Step 5: Public Hearings. The Director shall schedule a public hearing date before the PZC and/or Town Council after a complete application has been received, town staff has completed town staff review and referral agencies have had an opportunity to provide comments. The Director may delay the scheduling of a public hearing to a subsequent meeting where an agenda of the PZC or Town Council is full. A complete application shall be scheduled for an initial public hearing within seventy-five (75) days after the date that the application is determined to be complete unless the applicant consents to scheduling the public hearing on a later date. The PZC or Council may continue a public hearing on its own initiative for a maximum of sixty-five (65) days after the date of the initial public hearing without the consent of the applicant. PZC or Council may continue a public hearing for a maximum of ninety-five (95) days with the consent of the applicant. The reviewing authority shall have thirty-five (35) days 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 58 Exhitit A to Resolution 13-06 (3) The text amendment promotes or implements the purposes stated in this Development Code; or (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts, or other social or economic conditions. 7.16.050 Zoning Amen dmentsEIZ9nings. The boundaries of any zone district may be changed, or the zone classification of any parcel of land may be changed, pursuant to this section. The purpose is not to relieve particular hardships, nor to confer special privileges or rights on any person, but only to make adjustments to the Official Zoning Map that are necessary in light of changed conditions or changes in public policy, or that are necessary to advance the general welfare of the Town. (a) Review Procedures. Applications fora ezoning shall follow the general review procedures set forth in §7.16.020, General Procedures and Requirements. Applications for Hhv&ntsrezonings may be initiated by the Town Council or the property owner and may not be initiated by any other person. (b) Review Authority. The PZC shall review applications for �g e�rezonings and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the final decision on an application for after conducting a public hearing. Zoning amendmentsRezonings shall be approved by ordinance of the Town Council. (c) Review Criteria. The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications for zoning amandmefAsrezonings: (1) Evidence of substantial compliance with the purpose of the Development Code; (2) Consistency with the Avon Comprehensive Plan; (3) Physical suitability of the land for the proposed development or subdivision; (4) Compatibility with surrounding land uses; (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district(s); (8) That, compared to the existing zoning the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; 2" d Tier Title 7 Amendments 2013 Update October 1, 2013 Page 62 Exhitit A to Resolution 13-06 (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and, (11) Adequate mitigation is required for rezoning applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. (d) Mitigation. Zoning amendnientsRezoning applications which propose a greater intensity of land use or increased demands on public services or infrastructure shall be required to provide adequate mitigation of such impacts. Greater intensity of land use or increased demands on public facilities and infrastructure shall include, but are not limited to: transportation, water, sewer, schools, emergency services, police, parks and recreation, medical, and library. Adequate mitigation may include providing dedications of land or cash -in -lieu for the proportionate share of capital investment in public facilities and infrastructure related to the potential incremental increase of demand created from the existing zoning classification to the proposed zoning classification. 7.16.060 Planned Unit Development (PUD). (a) Purpose. This section is intended to allow flexible development patterns that are not specifically provided for in this Development Code. It is the purpose of this section: (1) To promote and permit flexibility that will encourage innovative and imaginative approaches in land development and renewal that will result in a more efficient, aesthetic, desirable, and economic use of land while maintaining density and intensity of use consistent with the applicable adopted plans, regulations, and policies of the Town; (2) To promote development within the Town that can be conveniently, efficiently, and economically served by existing local utilities and services or by their logical extension; (3) To promote design flexibility including placement of buildings, use of open space, pedestrian and vehicular circulation systems to and through the site, and off-street parking areas in a manner that will best utilize potential on-site characteristics such as, topography, geology, geography, size, and proximity; (4) To provide for the preservation of historic or natural features where they are shown to be in the public interest, including but not limited to such features as: drainage ways, flood plains, existing topography or rock outcroppings, unique areas of vegetation, historic landmarks, or structures; (5) To provide for compatibility with the area surrounding the project site; (6) To provide for usable and suitably located open space such as, but not limited to, bicycle paths, playground areas, courtyards, tennis courts, swimming pools, planned gardens, outdoor seating areas, outdoor picnic areas, and similar open space; (7) To minimize adverse environmental impacts of development; 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 63 Exhitit A to Resolution 13-06 (d) Review Criteria. The PZC and Council shall use the following review criteria as the basis for recommendations and decisions on applications for location, character and extent: (1) Evidence of substantial compliance with the purpose of the Development Code; (2) Consistency with the Avon Comprehensive Plan; (3) Physical suitability of the land for the public way, place, structure, facility or utility; (4) Compatibility with surrounding land uses; and (5) Adequate mitigation of adverse impact on nearby properties or neighborhoods, including by not limited to traffic, noise, odors, vibrations, and property values. 7.16.160 Appeal. This section sets forth the procedures to appeal a decision of the Director or the PZC which is made pursuant to this Development Code. Only a final decision of the Director or the PZC may be appealed. Recommendations to a decision making authority are not subject to appeal. (a) Appeal Procedures. An appeal may be submitted by an applicant for a development approval or by a Town Council member. The appellant must provide a written request for appeal of a decision of the Director or the PZC to the Town Clerk within fourteen (14) days after the date of the decision. The Town Council shall conduct a public hearing within forty-five (45) days of receipt of a written request for appeal. Written notice of the public hearing date, time and location shall be mailed to the appellant via first class U.S. mail at least ten (10) days prior to the public hearing, unless the appellant agrees to a shorter timeframe and a different notification method_ (b) Review Authority. The Town Council shall review appeals of decisions of the Director or PZC after conducting a public hearing. The Town Council shall render the final decision on an appeal. (c) Review Criteria. The Town Council shall use the applicable review criteria to the decision that is appealed. Town Council shall review decisions de novo. (d) Town Council Decision Final. A decision of the Town Council is final. An aggrieved person may appeal a decision of the Council to the district court or to another state or federal court of competent jurisdiction. (e) Decision. Council shall, in writing, confirm, modify, or reverse the decision within thirty-five (35) days of holding the public hearing on the appeal. Any decision by the Council that results in action modifying or reversing the decision of a Town body or officer shall describe the specific reasons for the modification or reversal. Action of the Council shall become final immediately. Failure of the Council to act within the forty (40) additional days shall be deemed action confirming the decision unless the applicant consents to an additional time extension. 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 89 Exhitit A to Resolution 13-06 (2) Concentrate higher -intensity commercial and office employment growth efficiently in and around the town center and other centers of community activity; (3) Encourage mixed-use redevelopment, conversion, and reuse of aging and underutilized areas, and increase the efficient use of available commercial land in the town; (4) Create pedestrian -oriented environments that encourage transit use, pedestrian access, and more sustainable land use patterns; and (5) Ensure that the appearance and function of residential and nonresidential uses are of high and unique aesthetic character and quality, and are integrated with one another and the character of the area in which they are located. (b) Commercial and Industrial Commercial District Purposes: (1) Help implement the Avon Comprehensive Plan by accommodating a full range of office, retail, commercial, service, and mixed -uses needed by Avon's residents, businesses, visitors, and workers; (2) Encourage site planning, land use planning, and architectural design that create an interesting, pedestrian -friendly environment where appropriate; (3) Maintain and enhance the Town's economic base and provide shopping, entertainment and employment opportunities close to where people live and work; (4) Preserve, protect, and promote employment -generating uses; (5) Create suitable environments for various types of commercial and industrial uses and protect them from the adverse effects of incompatible uses; (6) Allow flexibility to encourage redevelopment and positive improvements to existing businesses and residences; (7) Minimize potential negative impacts of heavy impact nonresidential development on adjacent residential areas; and (8) Provide suitable locations for public and semipublic uses needed to compliment nonresidential development. 7.20.080 Mixed -Use and Commercial Districts Purpose Statements (a) Neighborhood Commercial (NC). The NC district is established to provide for a compatible mix of residential, small-scale neighborhood -serving commercial and civic uses. Townhouse, multi -family units, and limited commercial uses are allowed in this district. This district is intended to be placed in a neighborhood setting providing a comfortable and safe pedestrian environment and further enhancing the character of the neighborhood. The NC district implements the mixed-use classification of the Avon Future Land Use Plan and should be located along a collector roadway. 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 94 Exhitit A to Resolution 13-06 Table 7.20-7 Dimensions for the Neighborhood Commercial District .. ,-1 N r. o a4.- " o CZ a o M Q CZ Q V °' Q U 40 rn rn rn x 60 [3] 40 50 [4] 20 5 min, 15 max 0111 20 [2] 38 X7'5 du/acre [1] NC abutting a residential district shall match the side yard setback standards of that district. [2] When abutting a public street, alley, or public right-of-way. The rear setback for NC abutting a residential district shall be twenty (20) feet, regardless of the location of any street, alley, or ROW. [3] Must meet density and setback requirements. [4] May be increased to 60% if employee housing mitigation is provided in accordance with §7.20.100. (1) Additional Water Rights Dedication. The dedication of additional water rights shall be required as a condition to approval of development which exceeds seven and one- half (7.5) dwelling units per acre or which exceeds the Single Family Equivalent (SFE) water right allocation for the lot. 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. (b) Mixed -Use Commercial (MC). The MC district is established to group and link places used for working, shopping, educating, and recreating with residential uses thereby creating a compact community form. This district allows commercial, office, civic, townhouse, and apartment uses, and along with Neighborhood Commercial is the preferred district and development type in Avon. The mostly vertical mix of uses will reduce vehicle trips, relieve traffic congestion, and provide an urbanized, pedestrian environment. MC implements the mixed-use land use classification of the Avon Future Land Use Plan and should be located adjacent to the Town Center as a transitional district. Table 7.20-8 Dimensions for the Mixed -Use Commercial District ,-1 N r. o a4.- a a ct U zn [3] 40 50 [4] 20 10 0 [ 1 ] 10 [2] 60 [ 1 ] MC abutting a residential district shall match the side setback of that district. [2] When abutting a public street, alley, or public right-of-way. The rear setback for MC abutting a residential district shall be twenty (20) feet, regardless of the location of any street, alley, or ROW. [3] Must meet density and setback requirements. [4] May be increased to 70% if employee housing mitigation is provided in accordance with §7.20.100. (1) Additional Water Rights Dedication. The dedication of additional water rights shall be required as a condition to approval of development which exceeds twenty (20) dwelling units per acre or which exceeds the Single Family Equivalent (SFE) water right 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 95 Exhitit A to Resolution 13-06 (vi) Parking structures shall be oriented to provide pedestrian access to adjacent public walkways, public buildings, and public plazas; however, to avoid pedestrian/vehicle conflicts, placing major access points along the area's primary street network shall be avoided where an alternate access point is possible. 7.28.100 Natural Resource Protection (a) Steep Slopes (1) Purpose. The purpose of this subsection is to: (i) Prevent soil erosion and landslides; (ii) Protect the public by preventing or regulating development in locations with steep slopes; (iii) Provide safe circulation of vehicular and pedestrian traffic to and within hillside areas and to provide access for emergency vehicles necessary to serve the hillside areas; (iv) Encourage only minimal grading that relates to the natural contour of the land and reduce necessity of retaining walls; (v) Discourage mass grading of large pads and excessive terracing; and (vi) Require revegetation and reclamation of slopes disturbed during development. (2) Applicability. The standards in this section shall apply to all new development, with the exception of administrative and minor subdivisions and all other subdivision, PUD and rezoning processes that do not result in an increase in density. (3) Standards. Development subject to these standards shall comply with the following standards: (i) Development on natural slopes of forty percent (40%) or greater is prohibited. (ii) Grading Permits. No grading, excavation, or tree/vegetation removal shall be permitted, whether to provide for a building site, for on-site utilities or services, or for any roads or driveways, prior to issuance of a building permit in accordance with a grading and excavation plan and report for the site approved by the Town Engineer. (iii) Open Space. One hundred percent (100%) of areas with a slope greater than forty percent (40%) shall remain in natural private or public open space, except as expressly allowed in this section. This area may be credited toward open space requirements and minimum lot area requirements. 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 169 Exhitit A to Resolution 13-06 (iii) Any slope exposed or created in new development shall be landscaped or revegetated with native or adapted trees and other native or adapted plant material. New vegetation shall be equivalent to or exceed the amount and erosion -control characteristics of the original vegetation cover in order to mitigate adverse environmental and visual effects. (iv) On man-made slopes of twenty percent (20%) or greater, plant materials with deep rooting characteristics shall be selected that will minimize erosion and reduce surface runoff. The planting basin should be kept level with a raised berm around the base of the plant to help retain moisture. (v) To the maximum extent feasible, topsoil that is removed during construction shall be conserved for later use on areas requiring revegetation or landscaping, such as cut -and -fill slopes. (vi) The plan shall also indicate a time frame for revegetation that is acceptable to the Town and that takes into account optimal seasonal growing conditions. Irrigation shall be provided to the revegetated areas if it is necessary to ensure survival of species planted. (d) Flood Damage Prevention (1) Purpose. It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (i) Protect human life and health; (ii) Minimize expenditure of public money for costly flood control projects; (iii) Minimize the need for rescue and relief efforts associated with flooding and that are generally undertaken at the expense of the general public; (iv) Minimize prolonged business interruptions; (v) Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone, and sewer lines; and streets and bridges located in areas of special flood hazard; (vi) Help maintain a stable tax base by providing for the secondary use and development of areas of special flood hazard so as to minimize future flood blight areas; and (vii) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (2) Applicability. The flood damage prevention regulations of this section shall apply to all Special Flood Hazard Areas (SFHA) 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 179 Exhitit A to Resolution 13-06 within the jurisdiction of Avon and areas removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F). The Flood Insurance Study Rate N4ap (FIRM)tEIS1 for Eagle County, Colorado and incorporated areas dated December 4, 2007, by the Feder -a! Em er-geney Management ge . -with accompanying Flood Insurance Rate Maps (FIRM) and any revisions thereto serves as the basis for establishing the ASF14SFHA and is adopted by reference. The most recent version of the FIRM received by the Town is on file with the Town Clerk. (3) Methods of Reducing Flood Losses. In order to accomplish its purposes, this section includes methods and provisions for: (i) Restricting or prohibiting uses that are dangerous to health, safety, and property due to water or erosion hazards or that result in damaging increases in erosion or in flood heights or velocities; (ii) Requiring that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction; (iii) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers that may help accommodate or channel floodwaters; (iv) Controlling filling, grading, dredging, and other development that may increase flood damage; and (v) Preventing or regulating the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards in other areas. (4) Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered nor shall any development occur without full compliance with the terms of this section and other applicable regulations. (5) Liability. The degree of flood protection intended to be provided by this section has been determined to be reasonable for regulatory purposes and is based on engineering and scientific methods of study. Floods of greater magnitude may occur and flood heights may be increased by man-made or natural causes, such as ice jams and bridge or culvert openings restricted by debris. This section does not imply that the areas outside the ASFHSFHA or land uses permitted outside the ASF14SFHA will be free from flooding or flood damages or that compliance with these regulations will prevent any or all damages from flooding. Nor shall this section create a liability on the part of, or a cause of action against the Town of Avon or any officer or employee of the Town for any flood damages that may result from reliance on this section or any administrative decision. (6) Conflicting Regulations. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where any provision of this section conflicts or overlaps with another provision of this Development Code including §7.28.100(b), Streams, Rivers, Waterbodies, and Wetlands; any state or federal 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 180 Exhitit A to Resolution 13-06 law; or any easement, covenant, or deed restriction then the more restrictive provision shall apply. (7) General Standards. In all areas of SFHA the following standards are required: (i) Construction Materials and Methods (A) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; (B) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (ii) Utilities (A) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; (B) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and (C) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (iii) Subdivision Proposals (A) A subdivision proposal shall be consistent with the need to minimize flood damage; (B) A subdivision proposal shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and (D) Base flood elevation data shall be provided for subdivision proposals and other proposed development that contain at least fifty (50) lots or five (5) acres. (iv) Effect of Development. Any proposed development shall be analyzed to determine effects on the flood -carrying capacity of the ASFHSFHA. (v) Use Regulations. Uses shall be regulated in the ASFHSFHA and subareas of the ASF14SFHA pursuant to this subsection. 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 181 Exhitit A to Resolution 13-06 (A) Prohibited Uses in Floodway. No development, encroachment, use, or alteration in, on, or over any part of the floodway shall be permitted that alone or cumulatively with other such uses would cause or result in: (1) The occupation of permanent or temporary structures. (2) The development or use of overnight campgrounds or travel trailer parks. (3) Uses that customarily include the use, storing, or processing of materials that are buoyant, flammable, explosive, or otherwise potentially injurious to human, animal, or plant life during a time of flooding. Examples include, but are not limited to, junkyards, automotive shops, and dry cleaners. (4) Solid waste disposal sites and central collection sewage treatment facilities. (5) Uses that serve vulnerable populations with limited mobility (including, but not limited to child care facilities, elementary schools, and senior housing). (6) The potential of solid debris (including, but not limited to, garages, storage sheds, decks, or fences) or waste (including, but not limited to, septic systems, or portable toilets) being carried downstream. (7) An encroachment that would adversely affect the efficiency and capacity of the floodway, change the direction of flow, cause any increase in the base flood elevation, or cause foreseeable damage to others, wherever located. (8) An encroachment, including fill, new construction, substantial improvements, or other development unless certification by a registered professional engineer or architect is provided and demonstrates that encroachments shall not result in any increase in flood levels or velocities during the occurrence of the base flood discharge. (9) Critical Facilities as defined by the Department of Natural Resources, Colorado Water Conservation Board, Rules and Regulations for Re _gulatory Floodplains, Rule 6. Critical Facilities dated November 17, 2010. (10) Any use prohibited pursuant to §7.28.100(b)(4), Riparian Buffers. (B) Allowed Uses in Floodway. The following uses shall be permitted within the floodway to the extent that they are not prohibited in a particular area by any underlying zoning district and only if they do not adversely affect the efficiency of the floodway, change the direction of flow, or increase the base flood elevation: 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 182 Exhitit A to Resolution 13-06 (1) Agricultural uses such as general farming, pasture, grazing, forestry, sod farming, and wild crop harvesting. (2) Recreational uses not requiring permanent or temporary structures designed for human habitation. (3) Uses accessory to residential uses including, but not limited to, lawns, open areas, gardens, driveways, and play areas. (4) Road and highway structures. (C) Prohibited Uses in Flood Fringe. No development or uses on or over any portion of the flood fringe shall be permitted that alone or cumulatively with other such development or uses would cause or result in any of the following: (1) The storage or processing of materials that are buoyant, flammable, explosive, or otherwise potentially injurious to human, animal, or plant life in a time of flooding. (2) Solid waste disposal sites and central collection sewage treatment facilities. (3) The potential of solid debris (including, but not limited to. garages, storage sheds, decks, or fences) or waste (including, but not limited to, septic systems, or portable toilets) being carried downstream. (4) Critical Facilities as defined by the Department of Natural Resources, Colorado Water Conservation Board, Rules and Regulations for Regulatory Floodplains, Rule 6. Critical Facilities dated November 17, 2010. (5) For additional restrictions, see §7.28.100(b)(4), Riparian Buffers. (D) Allowed Uses in Flood Fringe. Uses shall be allowed within the flood fringe and in areas removed from the floodplain by the issuance of a FEMA LOMR-F subject to the zoning designation the property and this subsection, and shall comply with the applicable standards of this subsection. (1) Residential Structures. Residential structures and uses are allowed provided that: (I) Any residential structure designed for human occupancy or the storage of property, shall be constructed, located, or improved so that any external wall shall be not less than thirty (30) feet from the stream side of the flood fringe. (II) The lowest floor, including the basement, electrical, heating, ventilation, plumbing, and air conditioning and other service facilities of any residential building or structure and Substantial Improvement to any 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 183 Exhitit A to Resolution 13-06 residential structure shall be not less than one foot above the maximum base flood elevation. The lowest adjacent grade surrounding the structure shall be filled to at least the base flood elevation, compacted with slopes and protected by vegetated cover. (III) The lowest interior grade, including crawl spaces, of any residential building or structure shall not be lower than the lowest adjacent grade. (2) Nonresidential Structures and Uses. The following nonresidential structures or uses are allowed: (I) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, wild crop harvesting, and sod farming. (II) Private and public recreational uses, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, trap and skeet ranges, hunting and fishing areas, fish hatcheries, hiking, biking, and equestrian trails. (III) Open area nonresidential uses such as lawns, gardens, parking areas, and play areas. (IV) Uses accessory to open space or uses for which a permit is required under this section. (V) Railroads, streets, roads, bridges, utility lines and facilities, and structures for irrigation, drainage, or flood control. (3) Nonresidential Standards. Nonresidential structures or uses shall comply with the following: (I) Any nonresidential structure shall either have the lowest floor, including the basement, not less than one (D foot above the BFE; or together with attendant utility and sanitary facilities shall be flood proofed so that below one (1) foot above the computed BFE the structure is water tight with walls substantially impermeable to the passage of water; have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by an engineer or architect registered in the State of Colorado that the standards of this subsection are satisfied. Such certifications shall be submitted to the Town Engineer or its designated representative and provide that where a non-residential structure is intended to be made watertight below one 1) foot above the BFE; (II) A registered professional engineer or architect in the State of 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 184 Exhitit A to Resolution 13-06 Colorado shall develop and/or review structural design, specifications, and plans for the construction and shall certify that the design and methods of construction are in accordance with current technical criteria; and (III) A record of such certificate that includes the specific elevation (in relation to the appropriate datum) that the structures are flood proofed. All flood proofing shall meet the current technical criteria set by the Colorado Water Conservation Board and the Federal Emergency Management Agency. The applicant shall provide the certifications to the Town Engineer. In the event that floodwaters in the flood fringe can be expected to attain a velocity greater than three feet per second at any point where the proposed development is to occur, then additional flood proofing shall be required sufficient to withstand such greater water velocity. (4) Recreational Vehicles. Recreational vehicles that meet the following conditions may be located in the flood fringe: (I) The recreational vehicle is located on the site for fewer than 4SO thirty (30) consecutive days. (II) The recreational vehicle is fully licensed and ready for highway use. (8) Floodplain Development Permit. A floodplain development permit shall be obtained from the Town Engineer before the start of construction or development within the ASF14SFHA. (i) Contents of Floodplain Development Permits. Applications for floodplain development permits are to be submitted to the Town Engineer and shall include the following information as applicable: (A) Application Form. A completed application form with all necessary information completed. (B) Site Plan. A plan at a scale of one inch equals two hundred feet (1" = 200') or as approved by the Town Engineer, stamped by an engineer registered in the Stated of Colorado, which includes: (1) The site location; (2) A legal description of parcel; (3) Base flood limits and water surface elevations; (4) Floodway limits; 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 185 Exhitit A to Resolution 13-06 (V) Certification from a Colorado Registered Professional Engineer that the proposed floodway configuration, in combination with current floodplain hydraulic conditions, meets FEMA and CWCB requirements when evaluated against flood elevations established when the original floodplain study was completed. (VI) Electronic copies of all aforementioned data and model input files of this section shall be submitted on a suitable medium. (VII)LOMR to existing floodways shall continue to use the floodway criteria in place at the time of the adopted floodway delineation as approved by the Town En _ i (G) Report. An engineering report addressing those standards set forth in this section, signed and sealed by a Colorado Registered Professional Engineer. (ii) Standards for Permit Review (A) Completeness. No later than ten (10) days following receipt of a completed application for a floodplain development permit, the Town Engineer shall: (1) Determine and set a fee in an amount necessary to cover the costs incurred in the review and approval or disapproval of the permit application, including all hearings, copying, mailings, publications, labor, overhead, consultants, experts, and attorneys that the Town deems necessary, and shall notify the applicant in writing of the amount of the fee. Until the fee is paid to the Town Engineer, the application for the floodplain development permit shall not be further processed. (2) Determine if the application is complete. If the application is not complete the Town Engineer shall in writing notify the applicant of the deficiency of the application. Until the information is submitted to the Town Engineer, the application for the floodplain development permit shall not be further processed. (3) The amount of the fee may be increased at any time if it is determined by the Town Engineer that the fee is not sufficient to cover all costs associated with the floodplain development permit. (B) Review of Application. Once the application is complete and the fee is paid, the Town Engineer shall within thirty (30) days either: (1) Approve the application and grant a permit if the proposed development complies with these regulations. The Town Engineer may attache such permit conditions as deemed necessary in furthering the purpose of the ASF1ISFHA. 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 188 Exhitit A to Resolution 13-06 (2) Deny the application if the proposed development does not comply with the regulations of the ASF14SFRA. The decision of the Town Engineer shall state, in writing, reasons for the decision and shall be given to the applicant. (C) Permit Issued Only for Allowed Use. A floodplain development permit shall not be issued unless the proposed development complies with the standards and uses allowed in the ASF14SFHA and will not otherwise violate the purposes and intent of these Floodplain Regulations. (D) Determination of Flood Hazard. In reviewing an application for a floodplain development permit, the Town Engineer shall determine the specific flood hazard at the site and shall evaluate the suitability of the proposed use in relation to the flood hazard. (E) Other Permits and Approvals. The floodplain development permit applicant must obtain all other necessary permits and approvals from which approval is required by local, Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. (F) Issuance of Permit. If the Town Engineer determines that the application for a floodplain development permit meets the purposes and requirements of this Section, the floodplain development permit shall be issued, with the attachments of any conditions as deemed necessary to further the purposes of this Section. Such conditions may include, but are not limited to, specification for modification of waste disposal methods and facilities, landscaping, periods of operation, operational controls, sureties, deed restriction, and adequate flood proofing. (iii) Building Permit. The Chief Building Official shall not issue any permit for, nor shall the Director allow any use involving any building, structure, or other development within the ASF1ISFHA unless a floodplain development permit has been granted for the development. (iv) Permit Expiration. A floodplain development permit shall expire two (2) years after the date of issuance if the permittee has not commenced construction under the permit. (v) Waiver of Submission Requirements. The Town Engineer may waive any part but not all of the submission requirements imposed by the ASFHSFHA upon petition by the applicant that a portion of the submission requirements is inapplicable to the development for which the permit is sought, and/or full compliance with the submission requirements would be unreasonable for the applicant and that the proposed development will have an insubstantial impact on the surrounding area. Such a waiver may be granted, after due consideration by the Town Engineer, upon written determination that the information to be submitted is sufficient for the Town Engineer to arrive at a permit decision in full compliance with the law and these 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 189 Exhitit A to Resolution 13-06 CHAPTER 7.50 Historic and/or Cultural Preservation Designated 7.50.010 Chapter Purpose This section sets forth procedures for reviewing proposed Historic and/or Cultural Landmark Designations in the Town. (a) Review Procedures. After receiving_ approval from the property owner(s), the Historic Preservation Committee shall recommend Historic and/or Cultural Landmarks to the Town Council. A public hearingis with Town Council. The recommendation shall identify the criteria forming the basis of the recommendation, and shall include all pertinent information related to the site or building supporting the designation. The Town Council will approve or disapprove Historic and/or Cultural Landmark designation after public hearing, at which the owner of the site or structure and all interested persons shall have an oDDortunity to be heard. A majority decision of the Town Council is required for nomination. (b) Review Criteria. A site or structure may be eligible for Historic and/or Cultural Landmark designation if it has been in existence for at least 50 years or meets any of the following criteria: (1) Historic significance: (i) Has character or is a point of interest that reflects the heritage and political, economic and/or social history or cultural development of the Town, the state or the nation; and, (ii) Is associated with historical persons or _rgroups or represents important events in national, state or local history; and, (iii) Is associated with an important individual or group who contributed in significant ways to the political, social and/or cultural life of the community. (2) Prehistoric Interest or Information: (i) Has character or is a point of interest that reflects prehistoric events, animals, or other history. (3) Architectural significance: (i) Characterizes a style associated with a particular era; and, (ii) Has a strong or unique relationship to other areas potentially eligible for preservation; and, (iii) Is architecturally unique or innovative; and, 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 267 Exhitit A to Resolution 13-06 (iv) Has visual symbolic meaning or appeal for the community or, due to its unique location or singular characteristics, represents established and familiar visual features of the neighborhood or community. (c) Incentives. The benefits of Historic Landmark designation may include the following: (1) Partial waiver of buildingpermit fees; (2) Local property tax credits; (3) Preservation, maintenance or relocation assistance, and other incentives as deemed necessary by the Town Council; and (4) Other appropriate incentives, also as determined by the Town Council. (d) Review of plans for sites and structures having designation. Any application for any permit which includes the exterior alteration, relocation or removal of a site or structure designated as a Historic and/or Cultural Landmark must be reviewed by the Planning and Zoning Commission for recommendation of approval or disapproval to the Town Council on the basis of the following criteria. The Town Council shall approve or disapprove the application after public hearing at which the landowner and interested persons have an opportunity to be heard. :El7 Criteria for alteration of a site or structure: (i) Whether the architectural or historical character will itself be materially altered so as to negatively impact the Historical Landmark; and, (ii) Whether the architectural style and arrangement and the texture of the exterior surface materials of the existing structure and the proposed alteration appropriate)y relate to each other and to other structures in the vicinity; and, (iii) Whether the alteration will negatively _ change or destroy the exterior architectural features and details of the structure; and, (iv) The effect of the proposed alteration on the protection, enhancement, perpetuation and use of the Historic Landmark. (2) Criteria for relocation of a structure: (i) Significance of the original site; and, (ii) Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property; and, (iii) Whether the proposed site is compatible with or detracts from the importance of the Historic Landmark; and, (iv) Whether the structure can be moved without causing significant damage to its physical integrity; and, (v) Whether the relocation of the structure is necessary to prevent undue hardship on the property owner. 2"d Tier Title 7 Amendments 2013 Update October 1, 2013 Page 268 (3) Exhitit A to Resolution 13-06 Criteria for removal of a structure: (i) Whether the structure presents an imminent hazard that cannot otherwise be properly mitigated; and, (ii) Whether the structure can reasonably be rehabilitated and maintained in its present location and the significance of the original site; and, (iii) Whether relocation of the structure is reasonably possible or practical; and, (iv) Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property. (v) Whether the removal of the structure is necessary to prevent undue hardship on the property owner. (e) Standards governing approval of development plans for sites and structures having designation. Any pproved development plan including the alteration, relocation or removal of a Historic and/or Cultural Landmark shall be deemed to incorporate the following standards except to the extent they are determined not to be applicable by the Town Council: (1) The Historic and/or Cultural Landmark shall be continue to be used in a manner consistent with its original purpose or a compatible purpose, so long as such use does not violate any of the provisions of this Code; and, (2) The historic character of the Historic and/or Cultural Landmark shall be maintained by avoiding the removal or alteration of features important to such character; and, (3) The use of original materials is encouraged. Distinctive and unique features, finishes, materials and examples of craftsmanship should be retained and preserved. Repairs and replacement of such features should match the original in color, shape, texture and design. Replacements should be fully documented with pictorial or physical evidence and a copy of such evidence filed with the Town; and, (4) Where possible, additions and expansions shall be differentiated from the existing structure so as to protect the Historic Landmark's historic integrity. Additions and expansions shall also be undertaken in such a manner that their removal in the future would not destroy the form or integrity of the original structure. (f) Removal of Historic Landmark designation. The Town Council, after public hearing at which the owner of the Historic and/or Cultural Landmark and interested persons shall have an opportunity to be heard, may remove Historic and/or Cultural Landmark designation from a site or structure, based upon one or more of the followingfindings. indin (1) The Historic and/or Cultural Landmark designation creates undue hardship for the owner; (2) The structure is an imminent hazard to the health and safety of the public despite the owner's efforts to properly maintain it; and, 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 269 Exhitit A to Resolution 13-06 (3) The structure is structurally unsound despite the owner's efforts to properly maintain it. 2nd Tier Title 7 Amendments 2013 Update October 1, 2013 Page 270 Exhitit A to Resolution 13-06 NOTICE IS FURTHER HEREBY GIVEN that any person affected by this Notice may appeal the determination of the Building Official to the Town Council by giving written notice of such appeal to the Town Clerk of the Town of Avon, P.O. Box 975, Avon, Colorado 81620, within ten days of receipt of this Notice. (Ord. 06-06 §1; Ord. 86-18 §1 (part)) 8.30.040 Effect of voluntary abatement. If the public nuisance is abated by the owner of any building or building activity which is in a condition of abandonment within the sixty-day period allowed in the notice of violation, the Building Official shall cease further abatement proceedings. (Ord. 06-06 § 1; Ord. 86-18 § 1(part)) 8.30.050 Abatement hearing — Town action — lien. (a) Further abatement proceedings may be pursued by the Town when the notice of violation as provided in Section 8.30.030 has been served and abatement of the public nuisance has not been accomplished within the sixty-day period. However, if abatement of the public nuisance has been commenced within the sixty-day period, the Building Official may grant a single extension of time for sixty (60) days for good cause shown, such as delays beyond the control of the affected party or parties. (b) In the event the owner of an abandoned building and/or building activity fails to abate the public nuisance within the time allowed, the Building Official shall cause the nuisance to be abated either by demolition and removal of the building or by causing the building to be completed and/or the restoration of the property or premises to such a degree as, in the discretion of the Building Official, will accomplish abatement of the public nuisance. The cost of such abatement shall be assessed against such property as a lien which may be foreclosed upon in the manner provided for the foreclosure of mechanic's liens. The amount of such lien shall bear interest at the rate of eighteen percent (18%) per annum from the date of assessment until the same has been paid. (Ord. 06-06 §1; Ord. 89-11 §1; Ord. 86-18 §1(part)) CHAPTER 8.32 Wildlife Protection 8.32.010 Purpose. The purpose of this Chapter is to protect and maintain wildlife in the Town and surrounding areas and to minimize the risk of dangerous interaction between humans and wildlife. (Ord. 10-07 §3) 8.32.020 Definitions. As used in this Chapter, the following words or phrases are defined as follows: Attractant means any substance which could be reasonably expected to attract wildlife or does attract wildlife, including but not limited to food products, pet food, feed, compost, grain or salt. Centralized refuse container means any Dumpster or similar device used for the collection and storage of solid waste. 8-27 Exhitit A to Resolution 13-06 Refuse means any waste that could reasonably attract wildlife, including but not limited to kitchen organic waste, food, food packaging, toothpaste, deodorant, cosmetics, spices, seasonings and grease. Resident means any person, firm, corporation or organization within the Town or on Town - controlled land. Residential refuse container means any trash can or similar device used for the collection and storage of solid waste as defined in Section 8.12.010 of this Title that is not deemed wildlife -resistant by the Living with Wildlife Foundation, Interagency Grizzly Bear Committee. Special event means a festival, fair, circus, concert, performance, race, vendor sales lot or activity or any other temporary activity using outdoor or indoor spaces approved or sponsored by the Town and inviting the public to participate with or without charge, whether held on public or private property. Town Manager means the Town Manager or designee responsible for enforcing the provisions of this Chapter and to whom all enforcement personnel are responsible. Wildlife means any undomesticated mammal, including but not limited to elk, deer, sheep, lynx, skunks, bears, raccoons, coyotes, beavers, porcupines, mountain lions, bobcats and foxes. Wildlife proof refuse container means a fully enclosed metal container with a metal lid, such as a Dumpster. The lid must have a latching device of sufficient design and strength to prevent access by wildlife. Wildlife -proof refuse containers must remain intact and functional for at least thirty (30) minutes when subjected to wildlife, as certified by the Living with Wildlife Foundation, Interagency Grizzly Bear Committee. A container not so certified is considered a wildlife -proof refuse container if it is certified as such by an official designated by the Town. Wildlife -resistant enclosure means a fully enclosed structure consisting of four (4) sides and a roof. The structure must have a latching device of sufficient design and strength to prevent access by wildlife. The walls of the enclosure must extend to the ground, and the door can have no more than a three- eighths -inch gap along the bottom. Ventilation openings shall be kept to a minimum and must be covered with a metal mesh or other material of sufficient strength to prevent access by wildlife. Wildlife -resistant enclosures are subject to both the Building Code and the Zenin'Development Code of the Town. All enclosures require development plan and design approval from the Town and maX require a building permit at the discretion of the Building Official and BuildingCode. An e fielosur- - less than two hundred (200) square feet shall not require a building permitbut will require approval of a - jeet applieation from the Town. An eaelestir-e of twe handred (200) s"afe feet of lafgef the Wildlife -resistant refuse container means a fully enclosed container of sturdy construction, either plastic or any other material, which meets the definition of refuse container in Section 8.12.010 of this Title and which is reinforced to deter access by wildlife. The container must have a sturdy lid with a latching mechanism which prevents access to the contents by wildlife. Wildlife -resistant refuse containers must remain intact and functional for at least thirty (30) minutes when subjected to wildlife, as certified by the Living with Wildlife Foundation, Interagency Grizzly Bear Committee. A container not so certified is considered a wildlife -resistant refuse container if it is certified as such by an official designated by the Town. (Ord. 10-07 §3) 8-28 Exhitit A to Resolution 13-06 CHAPTER 15.02 Definitions 15.02.010 Definitions. The definitions set forth in this Chapter shall apply to all the Chapters in this Title and shall apply to all codes adopted in this Title. In the event of any conflict, the definitions in this Chapter shall apply first and take precedence, the definitions in the codes adopted by this Title shall apply next, and the definition of any word, term or phrase set forth elsewhere in this Code shall apply after the definition of codes adopted by this Title. Building Official means the person designated as the Building Official by the Town Manager. Person means any natural person, association, firm, limited liabili , company, partnership or corporation trust or other legal entity, organization, asseeia4ion or- asseeiation of any of the f regi„ Town Attorney means the attorney appointed by the Town Council as the Town Attorney, the Town Attorney's designee, another attorney appointed by the Town Council for the purpose of enforcing this Title, or the Town Prosecutor. (Ord. 10-02 §3) CHAPTER 15.04 Violations, Penalties, Stop Work Orders, Abatement 15.04.010 Violations. (a) Unlawful acts. It is unlawful for any person to erect, construct, alter, move, demolish, repair, use or occupy any building or structure in the Town, cause or permit the same to be done, or fail to comply with any lawful order or directive, which act is contrary to or in violation of any provision of any code, standard or regulation adopted by this Title, and any such unlawful act shall be deemed to be a violation of this Title. (b) Notice of violation. The Building Official shall serve a notice of violation or order for the erection, installation, alteration, extension, repair, removal or demolition of any work which violates any code adopted in this Title, any change in occupancy of any building or equipment regulated by any code adopted in this Title or any violation of any permit, certificate or condition of any permit or certificate issued under the provisions of any code adopted by this Title. The notice of violation shall be served upon the contact person designated in any active permit issued by the Town or the property owner of record according to the records of the County Assessor's Office or by posting the notice of violation in a conspicuous place on the property. The notice of violation shall cite the specific section or sections of the code or codes which are violated and shall direct the discontinuance of the illegal action or condition and the abatement of the violation. (c) Prosecution of violation. If compliance with the notice of violation is not accomplished promptly, the Building Official shall request the Town Attorney to institute appropriate proceedings in law or equity to restrain, correct or abate the violation, to require the removal or termination of the unlawful structure, equipment or occupancy and to seek such fines, penalties, fees and restitution as may be appropriate. (Ord. 10-02 §3) 15-5 Exhitit A to Resolution 13-06 15.14.310 Penalty. Any person, firm or corporation violating any of the provisions of this Chapter or of the provisions of the 2009 International Plumbing Code named in the title of this Chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and, upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for one (1) year, or by both such fine and imprisonment. (Ord. 10-02 §§2, 3) 15.14.320 Repeal. The repeal, or the repeal and reenactment, of any provision of the Code as provided in this Chapter, shall not affect any right which has accrued, any duty imposed, or violation that occurred prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. (Ord. 10-02 §§2, 3) 15.14.330 Validity. If any section, subsection, sentence, clause or phrase of the 2009 International Plumbing Code named in the title of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. (Ord. 10-02 §§2, 3) CHAPTER 15.16 International Mechanical Code 15.16.010 Adoption. The Town adopts the 2009 International Mechanical Code. The 2009 International Mechanical Code is published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. A copy of the 2009 International Mechanical Code is on file in the Town Clerk's office, and is available for inspection during regular office hours. (Ord. 10-02 §§2, 3) 15.16.020 Additions or modifications. The 2009 International Mechanical Code is amended and changed in Sections 15.16.030 through 15.16.060 of this Chapter. (Ord. 10-02 §§2, 3) 15.16.030 Section 106.5.2 — Fee schedule. Section 106.5.2, Fee schedule, is repealed and reenacted to read as follows: "106.5.2 Fee schedule. The fee for each permit shall be as set forth in the Town of Avon Fee Schedule A (as adopted by resolution of the Town Council)." 15-28 Exhitit A to Resolution 13-06 (Ord. 10-02 §§2, 3) 15.16.040 Section 109 — Means of Appeal. Section 109, Means of Appeal, is repealed and reenacted as follows: "109.1 Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code." (Ord. 10-02 §§2, 3) 15.16.043 Table 403.3 — Minimum Ventilation Rates. Table 403.3, Minimum Ventilation Rates, is hereby amended to add the following language: "Note 1. Ski Shop Ventilation: For ski shop ventilation compliance requirements, refer to the 2009 capital edition of the International Fire Code, Section 610.4.7." (Ord. 10-02 §§2, 3) 15.16.046 Section 903.3 — Unvented gas log heaters. Section 903.3, Unvented gas log heaters, is hereby amended to read as follows: "Unvented gas fireplaces are prohibited." (Ord. 10-02 §§2, 3) 15.16.050 Section 701— Combustion Air, General. Section 701, Combustion Air, General, is amended by adding a new Section 701.6 as follows: 701.6 Type of construction. All buildings in the Town of Avon shall be considered to be of unusually tight construction and will draw all combustion air from the outside of the building." (Ord. 10-02 §§2, 3) 15.16.060 Section 902 — Masonry Fireplaces. Section 902, Masonry Fireplaces, is amended by deleting Section 902.1 and by adding the following language: "902.2 — Definitions. listed in the Colofado Department of Health's web page under Air- pollution eontfol di stove 15-29 Exhitit A to Resolution 13-06 pwpose of buming wood, pulp, pape. — ather- non liquid or- nongaseous fiieh This defifliti specifically exclude . a! bar-beeae devices used to cook food outdoors. 25. Gas. fireplaee means a fir-eplaee either- fnafYufaetuf:ed as a finished unit or- a tMe Masofflf�, fir-eplaee &4ed with an A.G.A. and/or- U.b. listed gas log kit, has no damper- and Veflts qffotlgh approved vent. Exception: The Building Official may approve a gas fireplaee equipped with iR4er-loeked damper- and gas valve, EPA certified wood stove means a heating appliance that has been independently tested by an accredited laboratory to meet a particulate emissions limit of 7.5rg ams per hour for noncatal, is wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is available on the EPA's website. Only new technology devices may be used as solid -fuel burning devices in the Town. Gas appliance means a fully self-contained, U.L. and A.G.A. listed fireplace unit which does not require ventingthrough hrough a masonry chimney, which has no damper and which does not permit the use of solid fuel. Gas (replace means a fireplace either manufactured as a finished unit or a true masonry fireplace fitted with an A.G.A. and/or U.L. listedag s log kit, has no damper and vents through an approved vent. Exception: The Building Official may approve a eas fireplace eauiDDed with interlocked damper and ,gas valve. New technology device means a solid -fuel -burning device which is certified by the EPA and listed in the Colorado Department of Public Health and Environment's web page under Air pollution control division, residential burning information. A new technology device is one which has EPA certification as an EPA certified wood stove. Solid -fuel -burning device means any fireplace, stove, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. This definition specifically excludes noncommercial barbecue devices used to cook food outdoors. "902.4 Regulations below the elevation of seven thousand eight hundred twenty feet. 15-30 Exhitit A to Resolution 13-06 'Below the elevation of seven thousand eight hundred twenty 7820 feet, no new wood -burning or solid -fuel -burning fireplaces or other such devices shall be permitted to be constructed or installed after the ordinance codified in this chapter becomes effective. "No mobile or modular home shall be moved into place in the Town and connected to utility service that has installed with such mobile or modular home a solid -fuel -burning device. 'Below such elevation, gas appliances and gas fireplaces shall be permitted. Below such elevation, there shall also be permitted one (CEPA-approved wood -burning fireplace in the lobby of any hotel or lodge, provided that a fee in the amount of three thousand dollars ($3,000.00) is paid at the time of application for a building permit. "902.5 Regulations above elevation of seven thousand eight hundred twenty feet. Above the elevation of seven thousand eight hundred twenty feet, one New Technology Device shall be permitted in each new dwelling unit constructed, provided that a fee in the amount of one thousand five hundred dollars ($1,500.00) is paid at the time of application for permit; provided that no new wood -burning or other fuel -burning fireplaces or other devices shall be permitted in dwelling units triplex and greater in size after the ordinance codified in this chapter becomes effective. Above such elevation, certified ,.Te "902.7 Coal usage prohibited. The burning of coal within the Town is prohibited." (Ord. 10-02 §§2, 3) 15.16.300 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2009 International Mechanical Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this Chapter." (Ord. 10-02 §§2,3) 15.16.310 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2009 International Mechanical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. (Ord. 10-02 §§2, 3) 15.16.320 Repeal. The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced 15-31 Exhitit A to Resolution 13-06 (d) All manufactured homes must comply with either Section 24-32-701, C.R.S., governing labeling and construction compliance with state and federal standards or bear the red HUD label. (e) All manufactured homes shall be designed with the snow load requirements as set forth in Section 15.08.120 of this Code unless it complies with one (1) of the following: (1) An approved snow removal maintenance program; (2) A protective shelter built over the home, not connected to the home; or (3) A shelter designed by a professional engineer or architect. (Ord. 10-02 §3) 15.22.040 General requirements — factory -built units. (a) No person, firm or corporation shall place a factory -built unit within the Town without first obtaining a permit therefor from the Building Official. (b) No permit for a factory -built home or any alteration or addition thereto shall be issued unless the same complies with all requirements of the building code, including electrical, plumbing and mechanical, in effect in the Town at the time. (Ord. 10-02 §3) CHAPTER 15.24 Solid -Fuel -Burning Devices 15.24.010 Purpose and applicability. These regulations are enacted for the purpose of promoting the health, safety and general welfare of the residents of and visitors to the Town. These regulations are intended to protect air quality. (Ord. 10-02 §§2, 3) 15.24.020 Definitions. For the purposes of this Chapter, the following definitions shall have the meanings indicated: EPA certified wood stove means a heating appliance that has been independently tested by an accredited laboratory to meet a particulate emissions limit of 7.5 grams per hour for noncatalytic wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is available on the EPA's website. Only new technology devices may be used as solid fuel burning devices in the Town. Gas appliance means a fully self-contained, U.L. and A.G.A. listed fireplace unit which does not require venting through a masonry chimney, which has no damper and which does not permit the use of solid fuel. Gas fireplace means a fireplace either manufactured as a finished unit or a true masonry fireplace fitted with an A.G.A. and/or U.L. listed gas log kit, has no damper and vents through an approved vent. Exception: The Building Official may approve a gas fireplace equipped with interlocked damper and gas valve. 15-39 Exhitit A to Resolution 13-06 New technology device means a solid -fuel -burning device which is certified by the EPA and listed in the Colorado Department of Public Health and Environment's web page under Air pollution control division, residential burning information. A new technology device is one which has EPA certification as an EPA certified wood stove. Solid -fuel -burning device means any fireplace, stove, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. This definition specifically excludes noncommercial barbecue devices used to cook food outdoors. (Ord. 10-02 §§2, 3) 15.24.030 Regulations below elevation of seven thousand eight hundred twenty feet. Below the elevation of seven thousand eight hundred twenty (7,820) feet, no new wood -burning or solid -fuel burning fireplaces or other such devices shall be permitted to be constructed or installed after the ordinance codified in this Chapter becomes effective. No mobile or modular home shall be moved into place in the Town and connected to utility service that has installed with such mobile or modular home a solid -fuel burning device. Below such elevation, gas appliances and gas fireplaces shall be permitted. Below such elevation, there shall also be permitted one (1) EPA -approved wood -burning fireplace in the lobby of any hotel or lodge; provided that a fee in the amount of three thousand dollars ($3,000.00) is paid at the time of application for a building permit. (Ord. 10-02 §§2, 3) 15.24.035 Regulations above elevation of seven thousand eight hundred twenty feet. Above the elevation of seven thousand eight hundred twenty feet, one New Technology Device shall be permitted in each new dwelling unit constructed, provided that a fee in the amount of one thousand five hundred dollars ($1,500.00) is paid at the time of application for permit; provided that no new wood - burning or other fuel -burning fireplaces or other devices shall be permitted in dwelling units triplex and greater in size after the ordinance codified in this chapter becomes effective. 15.24.040 Gas appliances. All gas -log fireplaces shall be constructed in such a manner that access to the firebox is prohibited except for the purposes of repair and maintenance. (Ord. 10-02 §§2, 3) 15.24.050 Coal usage prohibited. The burning of coal within the Town is prohibited. (Ord. 10-02 §§2, 3) CHAPTER 15.26 International Property Maintenance Code 15.26.010 Adoption. The Town adopts the 2009 International Property Maintenance Code and all appendix chapters. The 2009 International Property Maintenance Code is published by the International Code Council, Inc. (ICC), 4051 West Flossmoor Road, Inc., Country Club Hills, IL 60478. Copies of the 2009 International Property Maintenance Code are on file in the office of Community Development and are available for inspection during regular business hours. (Ord. 10-02 §3) 15-40 Staff Report - Minor PUD Amendment - Public Hearing�I November 5, 2013 Planning & Zoning Commission Meeting O N Report date November 1, 2013 Project type PUD Amendment Legal description Lots 15 & 16, Block 4, Wildridge Subdivision Zoning Planned Unit Development (PUD) Address 5684 & 5678 Wildridge Road East Prepared By Jared Barnes, Planner 11 Introduction Dominic Mauriello, the Applicant, representing John Minervini and Virginia Klyce, the Property Owner, is requesting a Planned Unit Development (PUD) Amendment (the Application) to modify the allowed building type for two lots, Lots 15 & 16, Block 4, Wildridge Subdivision (the Property). Currently, three (3) dwelling units in the form of a single-family structure and duplex structure are permitted by right. The proposal is requesting the ability to develop the Property with three (3) single-family structures. The application is being processed as a Minor PUD Amendment. Attached to this report is a Vicinity Map (Attachment A), the Application (Attachment B), Eagle River Water and Sanitation District Comments and Applicant Response (Attachment C), Draft Ordinance 13-09 (Attachment D). Application Process (§7.16.020, AMC) Minor PUD Amendment Process This application is processed under §7.16.o6o(h), Amendments to a Final PUD, AMC. Subsection (1)(ii), sets forth criteria for a Minor Amendment, while subsection (z)(ii) sets forth the review procedures for the same process (Attachment D). The Amendments to a Final PUD section was recently adopted by the Town Council to provide clarity to review processes for Administrative and Minor PUD amendments. The application as submitted meets the criteria for a Minor Amendment and is processed as such. Agency�Referrals Pursuant to AMC §7.16.020(c)(2), Staff referred the Application to Eagle County Planning Department, Eagle River Water and Sanitation District, and the Eagle River Fire Protection District for Comments. Staff has received comments from the Eagle River Water and Sanitation district (Attachment C). These comments are related to the future subdivision process and building permit process and will be discussed during the staff analysis section. Public Notification In order to comply with the Public Hearing and pertinent noticing requirements, a mailed notice was provided to all property owners within 300' of the property. The list of adjacent property owners is included within the Application. Additionally, a notice was published in the Vail Daily newspaper on Saturday, October 26t", 2013. Due to the date of the newspaper notifications and its lack of compliance with code requirements, the Planning and Zoning Commission (PZC) can hold a public hearing, but cannot act on the application at this hearing. The published notice also included notice of an additional public hearing which will November 5, 2013 Planning and Zoning Commission Meeting Page 11 Lots 15 & 16, Block 4, Wildridge Subdivision / Minor PUD Amendment - PUBLIC HEARING be held on November 19th, 2013, at which time Staff will prepare a PZC recommendation to the Town Council. Public_ Hearings The PZC is holding a public hearing at the November 5th, 2013 meeting. As discussed above, an additional public hearing will be held at the November 19th, 2013 meeting. Staff will take the PZC recommendation to the Town Council for a subsequent public hearing. The Council will make the final decision on this Application through a Resolution. Proposed PUD Amendment The Property is zoned PUD and is included in the Wildridge Subdivision. Included in the Wildridge Subdivision and PUD Plat is a Land Use Summary table, which breaks down the number of units for each individual lot, and also summaries the type of construction permitted on each property. On the following page (Exhibit 1) is an excerpt from the Wildridge PUD, with the pertinent Property information highlighted in yellow. The Property is entitled three (3) units in the form of one (1) single-family structure (Lot 15) and one (1) duplex structure (Lot 16). Exhibit i - Wildridge Subdivision and PUD Land Use Summary November 5, 2013 Planning and Zoning Commission Meeting Page 12 Lots 15 & 16, Block 4, Wildridge Subdivision / Minor PUD Amendment - PUBLIC HEARING 1,nML� I1�G 6Ltwx k euoLLIK 3 urr L Iv IINIts LL77 7.46 2 HIu" LAfm WT 2 1 "ITS LOT 47 1 I1mxr LAT 'S, 4 1 H1l1TS EACH U" 18-L" 2 LNIr.5 i" IAIT 54 F. LIN IT'9 P.R.CH IAT 66 1 UMiT LfT 0•l7 4 LNA1T9 F.AUII LOT' 6L•71 2 IINTT9 EAI Lflr 12 2 HIArr9 Lnr 1 a LIF.I.e*FLI ETl[IL # LnT I4 rw.P. -F.a L4r I-II 2 HN1Ts E14�II "r Is S k' ITR Lor L2 L 1141r ,r 16 f L+N1 TS Lar L], 14 2 HN7T4 EA1715 LOT U -1B 6 LjN1 T9 fA£HLAT L.1 1 IrXTT LAT 1•-75 t L*1'175 1:ACH LOT 1 WLtTR+retl LAT 7YA b L911T5 1aW 7T 4. LIX175 LAT 11x19 1 CIO H: !NkrK I AIT 7H; -T9 L€ LW1'79 FAGH LAT 99 S LIHTTr' :AIT R{7 -R4 4 LIN TS EACH LOT 910 LL 2 I1XLT9 RACH I AT 9L1 -L RO 2 LIM l:TS EACH Lff 01,41 4 ITX r79 FAC" AIT 3fI]-1x12 4 LMTTS XM LOT R1 -i4 t I IT9 EACH 1APT lil'I-11 H 2 ON rTK EACH Va $5 ) UHTT9 107 1 L I 7 WrIS LOT 56-61 t I%WTT9 EACH I.IrT 1L1-111 1 LIX.T f.Af-A Lr1T 64 4 IN Trs LOT 61 -RR I INIr5 thrH LILEICK 2 I.rTT 119.9x7 ] UMT79 F.A. Lir'$i.'t L III(TTS RACK IXTIF 9L M. GFPRH 4-12 2 UXITS EACH :AVr 9 AFT 19 4 11 7N BL�GeL 7 IAr3 15 ++ 11XITS Fin ley 4 110176 LArd 15-L6 $61X1'16 EACH LCT 2.6,1 0 UXETS CAa:H rAYT 14-61. # IIN LT4 P.ACH 5 11X119 EACH 1;117 1V•20 1 IIXrTS P.WK I. iT 4 ) L7H 175 LIFT X5 4. 11XrT4 LrYF 7, 1!1 LR 17KTT9 EACH IAIT M-42 2 LIXITS MACK LLST 4 8 11XTT5 IIrr 41-46. t AIX LT% XAC:II Wt 12 LrAt'Cs 111T st-56 2 1�K'1i% XA+CIL T.'.'k b k '411111 H, P, 4e 0. O4FIFN9r0^1MII KArMY AVF. S TXAt:t x LII:HT ?"+ cRF]Al. (4 APARLPfEM] rw.r f.,D J"AkK TRACT' R CAAIVACF., ACTF' 9< A!m mI. r7T November 5, 2013 Planning and Zoning Commission Meeting Page 12 Lots 15 & 16, Block 4, Wildridge Subdivision / Minor PUD Amendment - PUBLIC HEARING In 2000, Lot 14 was replatted by the owners of Lots 13 and 15. The lot area of Lot 14 was split between each of the adjacent lots and its associated development rights were vacated. Lot 15 was replatted in zoos to remove the utility and drainage easement that had remained from Lot 14 when it was separated. This resulted in the current lot areas and layouts that the application is predicated upon. The Application (Attachment B) includes a narrative, response to the mandatory review criteria, and preliminary site plans depicting potential lot layouts. This Application would create a new PUD, Minervini PUD, which would create three (3) separate lots of record that each are permitted one (1) single-family structure. The Application proposes to keep standard Wildridge easements (ten (1o) foot front/rear yard and seven and one-half (7.5) foot side yard) and setbacks (twenty-five (25) foot front setback and ten (1o) foot side and rear setback), but proposes modifying other standards. The building height is proposed to remain at thirty-five (35) feet for Lots z and 3, but be reduced to twenty-eight (28) feet for Lot 1. The Application proposes to limit the curb cuts for driveways to two (2) for the three (3) lots and limit the maximum building footprint to twenty-five hundred (2,500) square feet for each lot. In addition, the Application proposed to plat non -developable areas. Background of Wildridge The original Wildridge "Specially Planned Area" (now considered a "PUD" by default) and the accompanying Subdivision plat were established with a specific purpose and intent: to offer a diverse range of housing types and options to serve a diverse local population. As such, the housing types in the Wildridge PUD are diverse: single-family homes, duplexes, triplexes, fourplexes, and other forms of multi -family structures - because the housing needs of the local population were, are, and continue to be diverse. It was not platted as a solely single-family home subdivision and PUD for a reason: Avon's local population is not homogenous. Over the years there have been amendments wherein development rights have been altered and replatted through the PUD and Subdivision process. The most recent amendment was for the "June Creek Corner" PUD in Block 2 of the Wildridge Subdivision, where a fourplex lot was converted into two (2) duplex structures. Another recent example was the "Wildridge Point PUD" in Block 4 of the Wildridge Subdivision, where two (2) duplex properties were replatted and converted into three (3) single-family lots. This application was approved with building footprint limitations, or de facto building envelopes, of 2,500 sq. ft. and 3,000 sq. ft. Another example in Wildridge was the Dry Creek PUD in Block 2, wherein a fourplex lot was converted to three (3) single-family residences. This individual PUD amendment was also predicated on approval of a subdivision variance, and reduced the number of dwelling units by one (1), and limited the maximum building square footage for each lot. November 5, 2013 Planning and Zoning Commission Meeting Page 13 Lots 15 & 16, Block 4, Wildridge Subdivision / Minor PUD Amendment - PUBLIC HEARING Staff Analysis Staff supports this amendment as it would result in a reduced impact on the neighboring properties, and allows for a flexible development pattern in the form of three (3) structures in place of two (2). The massing is improved with more opportunity for building articulation and the introduction of light and air between units which is ensured through the provisions for building footprint maximums and non -developable areas. After reviewing the PUD review criteria below, Staff finds the Application in conformance with the purpose of the development code, review criteria and there appears to be no added impact to neighboring properties. The development pattern in this portion of Wildridge is mainly duplexes with some sporadic single-family structures, the proposed application will help provide variety in the building for and create a more diverse development pattern. PUD Review Criteria Pursuant to §7.16.o6o(e)(4), Review Criteria, AMC, the PZC shall consider a number of review criteria when evaluating the Application. The following criteria must be considered when forming the basis of a recommendation: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Staff Response: The stated purposes of §7.04, Development Code, AMC, and §7.16.o6o, PUD, AMC, includes statements regarding the implementation of the Comprehensive Plan; regulating intensity of use; avoiding increased demands on public services and facilities; and providing for compatibility with the surrounding area, among other statements. The proposed amendment does not increase demands on public services, and provides compatible building layouts with the surrounding area. The application does not increase the number of driveway curb cuts to three (3), which is permitted with the proposed development pattern, and instead limits the development to two (i) cuts, which is permitted with the current development pattern. This is a benefit to the immediate neighborhood as there is no net increase in the number of curb cuts. In addition, the inclusion of non -developable areas and building footprint limitations ensure the benefit of increased light and air between units is realized, thus resulting in an improved quality over what is permitted today. November 5, 2013 Planning and Zoning Commission Meeting Page 14 Lots 15 & 16, Block 4, Wildridge Subdivision / Minor PUD Amendment - PUBLIC HEARING (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: The Application does not negatively affect the public health, safety and welfare. The inclusion of single-family structures on the Property is compatible with the adjacent single-family and duplex residential uses. (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in § A6.o6o(b); Staff Response: The proposed PUD amendment is part of an established PUD, and is therefore not subject to the eligibility criteria or Public Benefit requirements outlined in §7.16.o6o(b). Consistency with the Comprehensive Plan is required and analysis is provided below. The Comprehensive Plan includes this property within District 24: Wildridge Residential District. The planning principals specific to this property include the following: • Redesign the intersection of Metcalf and Nottingham Roads, and implement the other recommendations for District 4 to enhance the entry to Wildridge and provide more direct access from the Town Center to Wildridge. • Construct bicycle lanes along Metcalf and Wildridge Roads. • Promote a trail system through open space areas in Wildridge to provide alternatives to the roadways for pedestrian circulation and greater connection to the surrounding open space. • Preserve and enhance the existing open space trails and explore the possibility of developing additional parcels into pocket parks. • Acquire and maintain as public open space the U.S. Forest Service -owned parcel adjacent to Wildridge that includes Beaver Creek Point. • Add an alternative or second access route to Wildridge (perhaps forest service road during the spring and summer). • Idents and delineate all open space parcels and public trails. • Site buildings of varying sizes along the street to maximize sun exposure, protect views, be compatible with existing surrounding development, and break up building bulk. Clearly, the majority of the planning principles for the Wildridge District deal more with enhancing open space and non -motorized access options. Except for the last planning principle, these do not relate to the Application. Regarding the last principle, this PUD Amendment allows for greater flexibility in building sizes, breaks up the building bulk and has the potential to maximize sun exposure over what could be experienced with the underlying and existing zoning. November 5, 2013 Planning and Zoning Commission Meeting Page 15 Lots 15 & 16, Block 4, Wildridge Subdivision / Minor PUD Amendment - PUBLIC HEARING (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; Staff Response: The PUD amendment has no incremental impact on public facilities or services; therefore, the existing services can adequately serve the property. Eagle River Water and Sanitation District has provided comments on the Application including: concerns regarding the allowed uses within the non -developable areas; the need for drainage and utility easements; and the verification of water taps and sewer service tie- ins. The applicant has responded (Attachment C) that these comments would best be addressed during the platting and building permit portions of this project. The Applicant did agree that the non -developable areas will allow for utilities and access to those utilities and that all new lot line easements will be utility and drainage easements. Staff agrees with the Applicant that these items should be addressed during the platting process and does believe the other comments are best addressed prior to the issuance of a building permit as is required by Town Code. (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated, Staff Response: When compared to the existing zoning, the proposed PUD amendment will not result in any adverse impacts upon the natural environment, wildlife, vegetation, air, or stormwater management. (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and Staff Response: As discussed herein, the approval of the PUD amendment would not result in significant adverse impacts upon other property in the vicinity. The setbacks and would remain in place and breaking the buildings into three (3) separate buildings could result in less impacts to other properties in the area, by providing additional building separation. In addition, the reduced building height for Lot 1 to twenty-eight (28) feet will result in a direct reduced impact on adjacent properties particularly those to the north. The commitment to building footprint maximums also has the potential to reduce impacts on adjacent properties by providing assurances to the maximum size potential structures on these lots can grow to. November 5, 2013 Planning and Zoning Commission Meeting Page 16 Lots 15 & 16, Block 4, Wildridge Subdivision / Minor PUD Amendment - PUBLIC HEARING (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Staff Response: As proposed, the Application will either increase the compatibility with uses or potential future uses on other properties in the vicinity, or will result in no change to uses as currently exist. Staff Recommendation Due to the mistakes with publicly noticing this application, Staff requests that the PZC provide comments and feedback to the Applicant, after considering public comment, and continue to the public hearing to the November 19, 2013 PZC meeting and direct Staff to prepare a draft Findings of Fact, Record of Decision, and Recommendation. Attachments A: Vicinity Map B: Application C: ERWSD Comment Letter and Applicant Response D: Draft Ordinance 13-09 November 5, 2013 Planning and Zoning Commission Meeting Page 17 Lots 15 & 16, Block 4, Wildridge Subdivision / Minor PUD Amendment - PUBLIC HEARING Vicinity Map - Lot 15 & 16, Block 4, WR Attachment A This map was pmducedby Me Community Development Department. Useoithismep Feet should be for generalpurposesonly. TownorAvondoes not warrent the Property Boundaries accuracy of the data contained herein. Created by Commundy Development Department IS 120 240 Attachment B !' MINERVINI LOTS PUD Amendment 5684 and 5678 Wildridge Road East Lots 15 and 16, Block 4,Wildridge Subdivision u Mauriello Planning Group Submitted: September 30, 2013 Attachment B TABLE OF CONTENTS A. Introduction 3 B. Background 5 C. Precedent and Other Similar Applications 9 D. Zoning Analysis I I E. Proposed Lot Layout & Development Comparisons 12 F. Criteria for Review 14 G. Adjacent Addresses (within 300 Feet) 21 H. Appendices 22 1. Conceptual Lot Layout 2. 1981 Wildridge Final Plat 3. 2000 Lot 13, 14, and 15 Replat 4. 2005 Final Plat of Lot 15 2 Attachment B A. INTRODUCTION The applicants, John Minervini and Virginia Klyce, represented by Mauriello Planning Group, are requesting a Minor PUD Amendment for Lots 15 (5684 Wildridge Road East) and 16 (5678 Wildridge Road East), Block 4, Wildridge Subdivision. The Wildridge PUD currently in effect, identifies Lot 15 as one single-family lot and Lot 16 as one duplex lot, allowing for a total of 3 dwelling units, in the form of I single-family and I duplex on the property (see background for more detail in this regard). The applicant is requesting to create 3 lots, each single-family lots, maintaining the ability to construct a total of 3 dwelling units on the property as single-family homes. Because the lots are located within the Wildridge PUD, a minor amendment to the PUD is required. If approved, a minor subdivision application will be submitted for approval (the development code was recently amended allow minor subdivisions to be approved administratively), which will implement the PUD amendment. The lot lines, lot sizes, and other provisions typical to a subdivision are shown within this application. Below is a conceptual design of the lot layout and home footprint locations: s -y;_ y 4i O e° E n ° � LOT 1 ab+� .351 ACRES \. t• (15,201 SQ FT) s 4 LOT 17 LIT 11 LOT 3 .35 ACRES (15,251 SQ FT) LOT 2 EXISTING REST DENCE •sem® ACRES 0 i S� FT) 0 _, • • LOT 19 �� -LOT 1 -NON DEVELOPMENT EASEMENT - .046 ACRES PROPOSED LOTS CONCEPTUAL HOME LAYOUT TRACT K LOT 3 - NON DEVELOPMENT EASEMENT - .027 ACRES U1t'41 NON DEVELOPMENT VT - .282 ACRES LOT 1 _, 92.20' STREET FRONTAGE LOT 2 - 95.26' STREET FRONTAGE LOT 3 - 45' STREET FRONTAGE The intent is to create the ability to construct two small single-family residences in addition to the existing home. There is no change in allowable density for the property thus allowing it to be classified as a minor PUD amendment. The goal is to construct smaller, more livable units with the living areas primarily on the main floor. This is a product lacking in the Town of Avon and within the Wildridge neighborhood. Steep slopes and duplex development tend to unite to create the need for more vertical units, which do not necessarily appeal to a buyer looking to 3 Attachment B downsize and eliminate stairs as they age. To ensure this type of more compact development, the applicant is proposing a building footprint limitation on all of the lots, and a height limitation on Lot 16 which is surrounded by existing homes. No similar restrictions exist on these lots today and will therefore serve as a benefit to the neighboring properties and have less impacts than what might be developed under the current development standards. Finally, the total number of curb cuts for the three lots will remain at only two, thus eliminating any concerns with additional traffic conflicts generated by providing additional access points to Wildridge Road. This will also allow for a design which will move the existing curb cut at 5684 Wildridge Road, creating an area to landscape and berm, thus screening the garage doors from the street. The Minervini Family intends to live in one of the new homes as they become empty -nesters. They would like to downsize and ensure that the new home allows them to age in place rather than leave the community to pursue a type and size of housing product that is not common in the Town of Avon. A home with a small footprint and the majority of living space on the main floor will allow them to remain in Wildridge for years to come. Their intent is to sell the existing home and the third proposed home. Photo of Lot 15 (left) and Lot 16 (right) in June 2013 Northern portion of Lot 15 for newly created Lot 4 Attachment B B. BACKGROUND The Town of Avon was incorporated in 1978 and Benchmark Properties created the Wildridge and Wildwood Subdivisions shortly thereafter. On this original plat, Lot 15 and Lot 16 were each identified as permitted "2 units each." Subsequently, the Wildridge Subdivision was completely replatted in 1981. Lots 15 and 16 remained in the same configuration, but on the 1981 plat, Lot 15 was identified as permitted only" I unit" while Lot 16 was still permitted 2 units. Lot 15 was platted as 0.75 acres/32,670 sq. ft., while Lot 16 was platted as 0.42 acres / 18,295 sq. ft., as indicated on a portion of the 1981 plat provided below: In 2000, Lot 14 was replatted by the then -owners of Lots 13 and 15 and the lot area of Lot 14 was split between the two properties. This replat was done as part of a PUD amendment which vacated Lot 14 and the development rights associated with Lot 14, while according to the application, the "Development rights of Lots 13 and 15 were to remain unchanged." Lot 14 was originally permitted 2 units. It is unclear if at the time of this approval, it was understood by the Town and the applicant that Lot 15 was permitted only I unit. The staff memorandum for the adopting ordinance clearly states that Lot 15 would be still be permitted 2 units as indicated on the memo from the file provided on the following page, a statement that we know now was in error: 5 Attachment B Memo To: Honorable Mayor and Town Council Thru: Bill Elting, Town Manager From: George H. Harrison, Planner Date. March 18,1999 Re: First Reading of Ordinance 99-07, A Ordinance Amending the Wildridge Planned Unit Development (PUD) for Lots 13, 14, and 15, Bloch 4, Wildridge Subdivision, Town Of Avon, Eagle County, Colorado. Summ t 14 was recently purchased jointly by the owners of Lots 13 and 15. They intend to the Wildridge PUD in order to split Lot 14 and incorporate the adjoining halves into current properties. Lot 14's development rights would be vacated leaving both Lots 13 .5's two -unit designation unchanged. Discussion: The PUD amendment proposes only one deviation from the existing Wildridge PUD development standards to allow a partially constructed keystone block retaining wall on Lot 13 to exceed 4 feet in height within the front yard setback. This wall Js on the uphill side of the driveway retaining the larger hillside above. Recommendation: Staff recommends that the Town Council pass Ordinance 99-07, amending the Wildridge PUD for Lots 13, 14, and 15, Block 4, Wildridge Subdivision, Alternatives: 1. Approve 2. Approve with conditions 3. Deny the application in whole or in part Proposed Motion: "I move to approve on first reading Ordinance No. 99-07, approving an amendment to the Wildridge PUD for Lots 13, 14, and 15, Bloch 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado." 6 Attachment B The plat below shows how Lot 14 was divided and added into the lot area of Lot 13 and 15. This increased the size of Lot 15 to 1.085 acres while its designation on the 1981 plat was for only 0.75 acres. I; I FINAI A RESUBDIVISION OF LOTS WILL �. TOWN OF AVON, EAG en Finally, in 2005, the then -owners of Lot 15 eliminated the utility and drainage easement running through the lot and replatted Lot 15 into its current configuration at 1.085 acres as shown below. X04 1-5 ap � p soo �pOcn N' 896 ae" v n� X0..6 �o, 9 Acchibeque Land Consul -Pmf' nal La -d Su yi.g&&II 7 Attachment B To summarize the history of these properties, Lot 16 was always permitted 2 dwelling units in the form of a duplex. Lot 15 was originally a smaller lot, and permitted only I dwelling unit. However, there was a Lot 14 which was originally permitted 2 dwelling units in the form of a duplex, half of which was incorporated into Lot 15. So one could conclude that from the 1981 plat of the Wildridge Subdivision, that the combined area of subject property would have supported 4 dwelling units. From the originally intended 4 dwelling units, the Minervini Family wants to build only 3 dwelling units. The proposed lot layout is provided below: S, F LOT 17 'BUILDING SETBACK DRAINAGE EASEMENT I IT 19 1 1 PROPOSED LOT LAYOUT 1002W LOT 3 - NON DEVELOPMENT EASEMENT - .027 ACRES jBUILDING SETBACK :--DRAINAGE EASEMENT NONDEVELOPMENT JT - .282 ACRES 'BUILDING SETBACK DRAINAGE EASEMENT 8 Attachment B C. PRECEDENT AND OTHER SIMILAR APPLICATIONS Similar projects have been approved by the Town of Avon in the past. For example, the following plat shows a resubdivision of Lot 10 and 11, Block 2,Wildridge approved by the Town of Avon in 2002. This plat took 2 existing duplex lots and re -platted them as 3 single-family lots. cwvx r zcuc � i5p° R p`�J �v FINAL PLAT A RESUBDIVISION OF LOT 10' AND LOT 11, BLOCK 2, WILDRIDGE Town of Avon, County of Eagle, State of Colorado m 7. UNITED STATES FOREST SERV(CEwc s.�m" bs, ies, Absw od3o13 r� °i. a.'. L.....'^---- ia.m ........a •�'------- mm _ __ �G 'IT Ir UT In 2005, the Western Sage PUD allowed for 3 triplex lots and I duplex lot to be re -platted into 8 single-family homes. The Dry Creek PUD, approved in 2006, was another similar approval by the Town of Avon. The 9 Attachment B Dry Creek PUD allowed for Lot 44 which was permitted 4 units to be re -platted into 3 single- family lots. Most recently, the Wildridge Point Subdivision and PUD Amendment was approved by the Town of Avon in 2013. Wildridge Point allowed for Lots 33 and 34, each duplex lots, to be replatted as 3 single-family lots. f FINAL PLAT WILDRIDGE POINT SUBDIVISION A RESUBDIVISION OF LOTS 33 AND 34. BLOCK 4, WILDRIDGE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO "h While these examples were processed in different ways (PUD within a PUD, amendment to a PUD, etc.) the recently adopted Avon Development Code provides a clear process for minor amendments to an existing PUD, simplifying the approval process for applications such as these. 10 Attachment B D. ZONING ANALYSIS Current: Standard Lot IS Lot 16 Total Lot Size (acres) 1.085 0.42 1.505 Units Allowed 1.00 2.00 3.00 Density (du/acre) 0.92 4.76 1.99 Lot Frontage 118.43 114.03 232.46 Proposed: Standard Lot I Lot 2 Lot 3 Total Lot Size (acres) 0.351 0.804 0.35 1.505 Units Allowed 1.00 1.00 1.00 3.00 Density (du/acre) 2.85 1.24 2.86 1.99 Lot Frontage 92.20 95.26 45.00 232.46 There are no changes to any other standards of the Wildridge PUD, with setbacks and height remaining as outlined on the plat. Front setbacks are 25 ft. while side and rear setbacks are 10 ft. The maximum height limitation is 35 ft. However, the applicant is proposing the following limitations to Lots 1, 2, and 3: Height: 35 ft. on Lots 2 and 3 and 28 ft. on Lot I Building Footprint: 2,500 sq. ft. on all three lots i, Curb Cuts/Access: No more than 2 curb cuts to Wildridge Road East for the entirety of Lots 1, 2, and 3. Non -Development Zone: proposed on all lots (to be shown on the plat). Lot I will indicate a non -development easement of .061 acres. Lot 2 will indicate a non - development easement of .282 acres. Finally, Lot 3 will indicate a non -development easement of .027 acres. iE Attachment B E. PROPOSED LOT LAYOUT & DEVELOPMENT COMPARISONS Below is the proposed lot layout and development scenario reflecting the proposed limitations as well as a development scenario that could be implemented on the property today with existing PUD development standards. With the proposed lot sizes, no development zones, and building footprint restrictions, the maximum building footprint of the entire property is limited to 7,500 sq. ft. and a maximum floor area including garage area of approximately 20,000 sq. ft. (assumes three stories on lots 2 and 3 each at 2,500 sq. ft. and two stories on Lot I at 2,500 each). Today, the home on Lot 15 could be redeveloped or expanded and a new duplex could be developed on Lot 16. Based on the configuration and setbacl<s on Lot 16, it could be developed with a 9,300 sq. ft. building footprint (4,650 sq. ft. per unit) and at three -stories that would equal 27,900 sq. ft. of total floor area including garage area for two units. A more reasonably developed duplex on Lot 16 might be a 7,000 sq. ft. footprint and with a total floor area including garages of 12,000 sq. ft. (6,000 sq. ft. per unit). Given the large size of Lot 15 after the 2000 replat, Lot 15 could support a building footprint of 18,000 sq. ft. or 36,000 sq. ft. of total floor area. Such home might not be reasonable given the marl<et. Using the Farr residence as a guide, this lot might be more reasonably developed with a 9,000 sq. ft. footprint and total floor area of 14,000 sq. ft. including garage area. As proposed the total footprint area would be limited to 7,500 sq. ft. versus 16,000 sq. ft. and the total floor area would likely be limited to 20,000 sq. ft in three homes versus 26,000 sq. ft. in three units. LST 11 LOT 3 .35 ACRES (15,251 SQ FT) PROPOSED LOTS CONCEPTUAL HOME LAYOUT T -T K LOT 3 - NON DEVELOPMENT EASEMENT -.027 ACRES NON DEVELOPMENT JT - .282 ACRES LOT -1 �a 92.20' STREET FRONTAGE LOT 2 - 95.26' STREET FRONTAGE LOT 3 - 45' STREET FRONTAGE 12 LOT 2 EM --TI .': RE>I JEt:CE LOT 1 a= .351 ACRES (15,201 SQ FT) — " L •~ 04 ACRES 'r i FT)• • i $ LOT 1 LOT 19 LOT t8 — f LOT 1 - NON DEVELOPMENT _F. EASEMENT - .046 ACRES PROPOSED LOTS CONCEPTUAL HOME LAYOUT T -T K LOT 3 - NON DEVELOPMENT EASEMENT -.027 ACRES NON DEVELOPMENT JT - .282 ACRES LOT -1 �a 92.20' STREET FRONTAGE LOT 2 - 95.26' STREET FRONTAGE LOT 3 - 45' STREET FRONTAGE 12 Attachment B CONCEPTUAL BUILDING FOOTPRINT FOR EXISTING LOTS 13 Attachment B F. CRITERIA FOR REVIEW Section 7.16.060.4 establishes the criteria for review of a PUD amendment. It is important to note that these are the same criteria as provided for the establishment of a new PUD, so many are not applicable to an amendment of this limited magnitude. Section 7.16.060.4 states: Review Criteria. The PZC and Town Council shall consider the following criteria as the basis for a recommendation or decision to rezone a property to PUD Overlay, and approve a preliminary PUD plan, or process a PUD amendment: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Applicant Response: The proposed amendment to the Wildridge PUD to allow for 3 single family lots allows for a creative site design that is an improvement over the existing lot configuration. The proposal creates building footprint limitations (which do not exist today) which allows for greater open space and environmental protection. These footprint limitations, along with a proposed height limitation, create an increase in choice of living and housing environments. These proposed units are smaller, livable units, intended to be a more accessible choice for potential buyers. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Applicant Response: The proposal includes the limitation of 2 curb cuts for the 3 proposed lots as would exist today, minimizing the effects to the traffic circulation on Wildridge Road. This also allows for additional landscaping and berming at the existing curb cut, screening the garage doors from direct public view. Because there is no increase in the number of proposed dwelling units, there is no increase in the estimated number of trips generated by the project. As a result, the proposal promotes the public health, safety, and welfare. (iii)The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b),- Applicant 7.16.060(b);Applicant Response: The Avon Land Use Map indicates the property as Residential - Low Density as indicated on the map below: 14 Attachment B - Civic/Public - Regional commercial - Mixed use F_ Neighborhood commercial �I Light industrial commercial Open space Park Residential - high density Residential -medium density Residential - low density Town of Avon boundary Parcel Water The Comprehensive Plan defines "Residential -Lot Density" as follows: Areas designated for residential low density are intended to provide sites for single-family, duplex, and multi -family dwellings at a density no greater than 7.5 dwelling units per acre. The proposal complies with the density as recommended by the Comprehensive Plan. The purpose of the Development Code is provided in Section 7.04.030 Purposes of the Avon Development Code: The Development Code is intended to promote and achieve the following goals and purposes for the Avon community, including the residents, property owners, business owners and visitors: (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; (c) Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code; (d) Avoid undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; 15 Attachment B (f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality, (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; (h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; (i) Achieve or exceed federal clean air standards, (j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; (k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist -based economy and preserve property values; (1) Promote architectural design which is compatible, functional, practical and complimentary to Avon's sub -alpine environment, (m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural resources and attain sustainability; (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy, (o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in investment expectations; and (p) Promote the health, safety and welfare of the Avon community. As demonstrated within this document, the proposal is consistent with and in substantial compliance with the purpose of the Development Code by not increasing the number of dwelling units, providing for greater open space and reducing building footprints within an existing subdivision. The eligibility criteria for a PUD are outlined in Section 7.16.060(b) and state the following: (1) Property Eligible. All properties within the Town of Avon are eligible to apply for PUD approval. (2) Consistency with Comprehensive Plan. The proposed development shall be consistent with the Avon Comprehensive Plan. (3) Consistent with PUD Intent. The proposed development shall be consistent with the intent and spirit of the PUD purpose statement in §7.16.060(a). (4) Compatibility with Existing Uses. The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in the Development Code or planned for in the Avon Comprehensive Plan. 16 Attachment B (S) Public Benefit. A recognizable and material benefit will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be infeasible or unlikely. (6) Preservation of Site Features. Long-term conservation of natural, historical, architectural, or other significant features or open space will be achieved, where such features would otherwise be destroyed or degraded by development as permitted by the underlying zoning district. (7) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses in the PUD projects, and to ensure compatibility between uses and the surrounding neighborhood. As demonstrated within this document, the proposal is consistent with the eligibility criteria for a PUD. The proposal is consistent with the Avon Comprehensive Plan and compatible with existing uses, which are of a similar density as the proposal. There is a demonstrated public benefit by providing limitations on building footprints, height, and the number of curb cuts, where no such limitation exists today. Areas of steeper slopes are preserved, and the appearance and amount of open space is increased. (iv)Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; Applicant Response: Because there is no increase in density for the proposed project, all facilities and services are available and adequate to serve the development. (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; Applicant Response: The proposal is entirely located within a previously platted subdivision, with no increase in the allowable density, and as a result will not have any additional adverse impacts on the above -reference criteria. (vi)Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and Applicant Response: As there is no increase in allowable density for the properties, there is no increase to impacts upon other property in the vicinity. The proposal is consistent with the allowable density for surrounding properties and will be smaller in scale than many of the existing homes in the neighborhood. The following photos provide some idea of the character of the existing homes in the vicinity: 17 Attachment B Adjacent homes (Lots 21 and 20) behind Lot 15, accessed from Coyote Ridge from Coyote Ridge J Duplex on Lot 77, located across Wildridge Road East Home on Lot 17, adjacent to Lot 16 The character of the neighborhood, while entirely residential, has homes that were built in different real estate boom and bust cycles. Some homes, generally built in the 1990s and early 2000s are large single-family or duplex units that stretch from lot line to lot line. Homes constructed earlier are smaller, with minimal footprints and significant development potential remaining. With the restrictions proposed by the Minervini Family on building footprints, height, and curb cuts, the neighbors in the vicinity are guaranteed smaller homes with less impact than what is currently allowed on the property. (vii)Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. ,s Attachment B Applicant Response: Lot Size (acres) Dwelling Units Allowed While the neighborhood is 11 0.95 generally developed with a 2.105 12 mix of single-family homes 2 2.083 and duplexes, the majority 13 21 22 of the lots in the vicinity are allowed a minimum of 78 15 23 2 units. The following 79 77 20 0.42 analysis provides a map which indicates the 76 16 19 12 24 0.398 8017 25 allowable land use for 1 11 75 8 81 26 2 properties in the general 74 0.47 vicinity. In addition to the has been 27 82 28 Open Space map, an analysis 2 3.125 21 provided which indicates 83 2.632 Single Family the lot size for each 2 1.754 Duplex property, the number of 73 1.429 units allowed, and the 1.61 2 1.242 density (dwelling units/acre) 0.95 2 allowed for each lot. This analysis indicates that the proposal is consistent with the allowable development for properties in the neighborhood. 2 Lot Lot Size (acres) Dwelling Units Allowed Density Allowed (du/acre) 11 0.95 2 2.105 12 0.96 2 2.083 13 1.847 2 1.083 15 1.085 1 0.922 16 0.42 2 4.762 17 0.398 2 5.025 18 0.453 2 4.415 19 0.47 2 4.255 20 0.64 2 3.125 21 0.76 2 2.632 22 1.14 2 1.754 23 1.4 2 1.429 24 1.61 2 1.242 25 0.95 2 2.105 26 1 2 2.000 27 1.2 2 1.667 28 1.169 2 1.711 75 0.49 2 4.082 76 0.55 2 3.636 77 1.07 2 1.869 78 0.723 2 2.766 79 0.61 2 3.279 80 0.586 2 3.413 81 0.51 2 3.922 82 1.33 2 1.504 83 0.96 2 2.083 Totall 23.281 1 51 2.191 Averagel 0.895 1 1.962 2.649 19 Attachment B As proposed, the allowable density for each lot is as follows: 9Lot 1: 1 du / .351 acres = 2.8 du/acre 9Lot 2: 1 du / .804 acres = 1.2 du/acre Lot 3: 1 du / .35 acres = 2.9 du/acre Total: 3 du / 1.505 acres = 1.99 du/acre (no change) As indicated in the analysis, this is consistent with the allowable density for properties in the neighborhood, which average 2.6 dwelling units per acre. 20 11 PROPOSED LOT LAYOUT At LOT 13 8625 A -' M 0' 20' 40' 60' 1 —� TRACT K Q g6o N LOT 3 - NON DEVELOPMENT w e a LOT 3 1 .35 ACRES EASEMENT - .027 ACRES co Lu (15,251 SQ FT) 1 BUILDING SETBACK w A/DRAINAGE EASEMENT Z a O V) > LOT 21 coi LOT 2 Lu 4� i .804 ACRES �_ (35,106 SQ FT) - NON DEVELOPMENT W G� ENT - .282 ACRES � � o i BUILDING SETBACK RAINAGE EASEMENT Y \` \ 0 GUARD RAILS ��GY .�T \ 1 '^ 49" E 180 UU 1 V./ 6 86 / )0• a M / 1 1 20' SETBACK 1 —BUILDING^� LOT 1 LOT 20 `,v%, ��i- .351 ACRES \ DRAINAGE EASEMENT 00 •��.--8595_ (15,201 SQ FT) til O I Lu —j J o LOT 1 NON DEVELOPMENT cin ? • EASEMENT .061 ACRES _OT 19 O H I d N LOT 17 Lu CA c A o � a i o i w a 0' 40' 60' �� o LOT 1 .351 ACRES (15,201 SQ FT) LOT 1 - NON DEVELOPMENT EASEMENT - .046 ACRES PROPOSED LOTS CONCEPTUAL HOME LAYOUT- , , LOT 13 LOT 3 .35 ACRES (15,251 SQ FT) r- .41....; so 00 00 r I LOTI I LOT ; I LOT 1 1 1 r TRACT K LOT 3 - NON DEVELOPMENT EASEMENT - .027 ACRES LOT 21 OT 2 - NON DEVELOPMENT ASEMENT - .282 ACRES , , , ,1 , 92.20' STREET FRONTAGE 95.26' STREET FRONTAGE 45' STREET FRONTAGE Lu a M 0 N W m Lu H a W N GUARD No CONCEPTUAL BUILDING FOOTPRINT FOR EXISTING LOTS 21 1 1 1 \ 1 1 Ll M r O N W m W H CL W N Z O V) 0 V Lu W W o V 0 J Q� Y V O J z�O r M N � � V1 O ~ w JO Z Lu Z �O�- a V) �w — 6 O W - f in Attachment C From: Dominic Mauriello To: Jared Barnes Cc: Allison Kent Subject: Re: Minervini PUD Referral Date: Monday, October 28, 2013 8:50:08 AM Hi Jared: Thank you for forwarding that. Here is my response: • Once we prepare the final plat, we can ensure that the nondevelopment areas allow for utilities and access to utilities; • On the final plat, we will ensure that the easements are in fact drainage and utility easements; • We understand that there might not be existing taps/service to Lots 1 and 3; and • We understand that sewer service connections will have to tie into the existing system and that the nondevelopment areas will need to allow for this utility connection. Thanks, Dominic F. Mauriello, AICP Mauriello Planning Group, LLC PO Box 4777 2205 Eagle Ranch Road Eagle, Colorado 81631 970-376-3318 cell www.mpgvail.com On Oct 25, 2013, at 2:44 PM, Jared Barnes <jbarnes(d)avon.org> wrote: Dominic, Please see the comments from the ERWSD below. If you have any questions regarding the specific comments please feel free to contact myself and Tug. I would like to be copied on correspondence for File keeping records. Regards, Jared Barnes Planner II Community Development Town of Avon PO Box 975 Avon, CO 81620 970-748-4023 Attachment C From: Tug Birk [mai Ito: dbirk(a)erwsd.org] Sent: Thursday, October 24, 2013 3:02 PM To: Jared Barnes Subject: RE: Minervini PUD Referral Jared, Here are the ERWSD comments. • SS MH CS1943-351MH0380 appears to be located within the proposed Lot 2 Non Development Easement. Ensure access/maintenance/easement requirements. • New side lot easements are called out as 'drainage easements' not 'drainage and utility easements' as previously contemplated in the Wildridge Subdivision. If the 'utility' portion of the easement is to be vacated we may need formal vacation. • Water tap/service stub outs will probably not be available for Lots 1 and 3; new taps will need to be connected at the water main in Wildridge Road East. • Verify that the proposed Lot 1 and Lot 3 will have adequate sewer service. Sewer services to these lots may require crossing the Lot 2 non -development easement for tie-in to the system. Thanks, Tu9gK�,- Development Review Coordinator Eagle River Water and Sanitation District 970-477-5449 tbirk(@erwsd.org From: Jared Barnes [mailtoJbarnes(a)avon.org] Sent: Wednesday, October 16, 2013 3:35 PM To: Jared Barnes Subject: Minervini PUD Referral Hello, Attached is a request for referral comments on a PUD Amendment application being processed by the Town of Avon. The request is to amend the Wildridge PUD zoning for 2 lots to modify their allowed uses to permit 3 single family structures. The application will be accompanied by a subdivision application to create a new lot and there is no net gain or loss in dwelling units. Please do not hesitate to contact me with any questions you may have. Regards, Attachment C Jared Barnes Planner II Community Development Town of Avon PO Box 975 Avon, CO 81620 970-748-4023 Attachment D TOWN OF AVON, COLORADO ORDINANCE 13-09 SERIES of 2013 AN ORDINANCE AMENDING TITLE 7 OF THE AVON MUNICIPAL CODE, INCLUDING GENERAL PROCEDURES, PLANNED UNIT DEVELOPMENT AMENDMENTS, NATURAL RESOURCE PROTECTION STANDARDS, AND ENGINEERING IMPROVEMENT STANDARDS RECITALS WHEREAS, the Town of Avon ("Town") is a home rule authority 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 adopted Ordinance No. 10-14 adopting the Avon Development Code ("ADC"); WHEREAS, the Town Council finds that periodic review and updates to the ADC are necessary to respond to changing conditions and to provide clarity in review processes; and WHEREAS, the Town Council initiated amendments to the text of the ADC in accordance with Avon Municipal Code ("AMC") §7.16.040 on April 4, 2013; and WHEREAS, the Planning & Zoning Commission ("PZC") of the Town of Avon held public hearings on May 21, 2013, and June 18, 2013, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation to the Town Council; WHEREAS, after conducting these noticed Public Hearings, PZC approved PZC Resolution 13-03 and 13-05, recommending approval of the amendments to the Town Council; WHEREAS, the Town Council of the Town held public hearings on July 17, 2013 and August 13, 2013 after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Application; WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has considered the applicable review criteria for a Code Text Amendment; WHEREAS, the Town Council finds approval of the Application is in compliance with the mandatory review criteria; and, 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 Avon Page 1 of 4 Ord No. 13-09 Amending Avon Development Code Attachment D Development Code 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 zoning or other matters in this Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: 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. Amendments. The ADC is hereby amended as indicated in the attached ("Attachment A to Ordinance 13-09") Redline Strikethrough document. Section 3. 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 4. 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 5. Effective Date. This Ordinance shall take effect thirty days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that 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 that 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 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title at the Avon Town Hall, Avon Recreation Center and Avon Public Library, which notice shall contain a statement that a Page 2 of 4 Ord No. 13-09 Amending Avon Development Code Attachment D copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. The Town Clerk is further ordered to publish a notice stating a vested property right has been created in accordance with AMC §7.16.140(d)(2). Section 8. Final Action. Approval and final adoption of this Ordinance on second reading constitutes the Town's final action for the purposes of any appeal, legal challenge or referendum seeking reconsideration of the decision of the Town Council with respect to this Ordinance and matters approved hereby in accordance with AMC §7.16.020(f)(5) and in accordance with Chapters VI and VII of the Avon Home Rule Charter. [EXECUTION PA GE FOLLOWS] Page 3 of 4 Ord No. 13-09 Amending Avon Development Code Attachment D INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED on July 17, 2013 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on August 13, 2013, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado. Rich Carroll, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 13th day of August, 2013. Rich Carroll, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Page 4 of 4 Ord No. 13-09 Amending Avon Development Code Attachment A to Ordinance 13-09 Chapter 7.16 Development Review Procedures 7.16.010 Purpose. Attachment D This chapter contains regulations and the procedures for development applications. §7.16.020 contains regulations that are generally applicable to all development application review procedures, described in a series of sequential steps. The purpose is to establish uniform procedures for application types to the extent possible. Subsequent sections identify the applicability of the common steps to specific procedures, noting any differences between the common procedures and those for the specific procedure. Specific procedure provisions supplement, rather than replace, provisions of the common steps, unless the provisions conflict, in which case the provisions of the specific procedure control. Table 7.16-1 indicates the specific review and approval procedures of this chapter, with section references. Table 7.16-1: Development Review Procedures and Review Authority Procedure 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 Zoning Amendment (§7.16.050) R H -R H -D Administrative PUD D A Planned Minor PUD Amendment R HH=R HH -D Unit Development Maior PUD Amendment R HH=R HH -D (§7.16.060) Preliminary PUD R H -R H -D Final PUD R H -R H -D Alajor Administrative Subdivision (§7.16.070) D A Subdivision Minor Subdivision{§7.16.07-0) R H -D (§7.16.070) Preliminary Plan R H -R H -D Final Plat R H -D Minor n .. . Plan (§7.16.080) D A Development Plan Major Development Plan (§7.16.080) R H -D A N7.16.080) Major Development Plan in Town Core R H -R H -D Design Review (§7.16.090) R H -D A Special Review Use (§7.16.100) R H -D A Variance (§7.16.110) R H -D A Alternative Equivalent Compliance (§7.16.120) R H -D or H- R A or H -D Right -of -Way Vacation (§7.16.130) R H -D Vested Property Right (§7.16.140) R H -R H -D Location, Character, and Extent (§7.16.150) R H -D A Appeal (§7.16.160) H -D Annexation (§7.36) R H -R H -D 1041 Permit (47.40) R H -R H -D R=Review/Recommendations; H=Public Hearing;D=Decision; A=Appeal 15i Tier Title 7 Amendments 2013 Update August 13, 2013 Page 53 Attachment A to Ordinance 13-09 Attachment D (3) Permitted Minor Changes from a Preliminary PUD Master Plan. Minor changes in the location, siting, and height of structures, streets, driveways, and open spaces may be authorized by the PZC to be included in the final PUD master plan in accordance with the following procedure without additional public hearings, if such changes are required by engineering or other circumstances not foreseen at the time the preliminary PUD development plan is approved. No change authorized by this subsection may cause any of the following: (i) A change in the use or character of the development; (ii) An increase by more than one percent (1%) in the overall coverage of structures; (iii) An increase in the density or intensity of use; (iv) An increase in the impacts on traffic circulation and public utilities; (v) A reduction of not more than one percent (1%) in approved common open space; (4) Reviewing Authority. The PZC shall review all final PUD applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision on a final PUD application after conducting a public hearing. (5) Review Criteria. The PZC and the Town Council shall review the final PUD development plan and PUD rezoning according to the same approval criteria listed above for preliminary PUD development plans. (g) Recordation. The applicant shall record the approved final PUD, as approved, in the office of the Eagle County Clerk and Recorder within thirty (30) days after the date of approval. If the final PUD is not recorded, the approval of the Town Council shall be deemed to have been withdrawn; and the approval shall be null and void. (h) Amendments to a Final PUD. , are pplieable to P Ds Unless a Final PUD contains different amendment procedures, amendments to a Final PUD are governed by this section. The PUD amendment process is dependent on the type of amendment. (1) PUD Amendment Categories. Categories of PUD Amendments are established and defined as follows for the purpose of determiningthe he appropriate review procedure: (i) Administrative Amendment. A proposed PUD amendment is considered administrative if it provides for the correction of any errors caused by mistakes that do not materially alter the substance of the PUD Development Plan as represented to Cniinoil (ii) Minor Amendment. A proposed PUD amendment is considered minor if it meets the following criteria for decision and has been determined as such by the Director: 1St Tier Title 7 Amendments 2013 Update August 13, 2013 Page 68 Attachment A to Ordinance 13-09 (A) The PUD Amendment does not increase Attachment D increase the amount of nonresidential land use, or significantly alter any approved building scale and mass of development. (B) The PUD Amendment does not change the character of the development, and maintains the intent and integrity of the PUD. (C) The PUD Amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. (iii) Major Amendment. A PUD Amendment that is not classified as an administrative or minor amendment is considered a major amendment. (2) Reviewing Authority (i) Administrative Amendments. The Director shall review and render decisions on Administrative Amendments. A decision of the Director may be appealed to the Town Council pursuant to Section 7.16.160, Appeal. (ii) Minor Amendments. The ,general procedures set forth in Section 7.16.020, General Procedures and Requirements, shall apply to minor PUD amendment applications. The PZC shall review all minor PUD amendment applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision, through a Resolution, on a minor PUD amendment application after conducting a public hearing_ (iii) Major Amendments. Theeg neral procedures set forth in &7.16.020 shall apply to major PUD amendment applications. All major PUD Amendment applications shall be processed as Preliminary PUD and Final PUD applications. (3) Review Criteria. The PZC and Town Council shall review a PUD amendment according to the same approval criteria listed above for preliminary PUD development Plan. (i) Lapse. Unless otherwise provided by Town Council, development of an approved PUD shall commence within twelve (12) months from the approval of the final PUD plan. If development has not commenced within twelve (12) months, the Director shall initiate a public hearing process for the purpose of considering whether to rezone the property back to its prior zoning classification, or in light of other conditions, to another zoning classification, and revocation of all permits issued and action taken. (j) Revocation of a Final PUD. A final PUD may be revoked pursuant to the procedures and criteria set forth in this section. (1) Initiation of Revocation Proceedings. Revocation of a PUD may occur if: (i) The landowner or a majority of the owners of property within the subject PUD, petition for revocation of such PUD plan in whole or in part; 1St Tier Title 7 Amendments 2013 Update August 13, 2013 Page 69 Attachment A to Ordinance 13-09 Attachment D (ii) The project falls more than three (3) years behind the phasing plan or schedule filed with the final PUD; (iii) Construction and or application for building permits have not commenced within one (1) year of approval of the final PUD by the Town Council; or (iv) The construction and provision of landscaping, buffers, open space, and public streets and facilities that are shown on the final development plan are proceeding at a substantially slower rate than other project components. (2) Public Notice Requirements. Prior to the Planning and Zoning Commission meeting and the Town Council meeting notice shall be given in accordance with the provisions of §7.16.020(d). (3) Review Authorities. (i) Planning and Zoning Commission Public Hearing. The Planning and Zoning Commission shall hold a public hearing and make a recommendation to revoke the final PUD, keep the final PUD in force, or postpone the application. The Planning and Zoning Commission shall not recommend revocation of the final PUD to the Town Council unless the Planning and Zoning Commission makes the findings required for revocation. The Planning and Zoning Commission may impose reasonable conditions on such revocation in order to advance the health, safety, and welfare of the citizens, such as vacation of the underlying final plat. (ii) Town Council Public Hearing. The Town Council shall hold a public hearing and determine whether to revoke, postpone, or keep the final PUD in force. The Town Council shall not revoke the final PUD unless it makes the findings required for revocation. The Town Council may impose reasonable conditions on such revocation in order to advance the health, safety, and welfare of the citizens, such as vacation of the underlying final plat. (4) Required Findings for Revocation. The Planning and Zoning Commission shall not recommend revocation and the Town Council shall not revoke any final PUD unless the following findings are made: (i) Revocation proceedings were initiated pursuant to this section; and (ii) The property owner(s) were notified no less than sixty (60) days prior to Planning and Zoning Commission action on the revocation; and (iii) Public notice was mailed prior to the PZC hearing on the revocation and prior to the Town Council hearing on the revocation pursuant to the provisions of §7.16.020(d); and (iv) The PUD is not compatible with the surrounding area; or (v) There is not a need for the uses in the area included within the PUD plan; or 1St Tier Title 7 Amendments 2013 Update August 13, 2013 Page 70