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TC Ord. No. 1983-11• M TOWN OF AVON ORDINANCE N0."83-11 Series of 1983 AN ORDINANCE CONCERNED WITH DISSOLVING_ THE DESIGN REVIEW BOARD, CREATING A PLANNING AND ZONING COMMISSION AND ESTABLISHING THE DUTIES AND FUNCTIONS THEREOF. BE-IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON: Section 1. .Title 2, Chapter 16 of the Municipal Code of the Town of Avon shall be and.hereby is repealed-and reenacted to read as;follows: CHAPTER 2.16 PLANNING AND ZONING COMMISSION Sections: 2.16.010 Purpose-and Objectives 2.16.020 Definitions. 2.16.030 Created Membership Terms.- 2.16:040 Vacancies. 2.16.050 - Compensation:. 2.16.060 Organization. 2.16.070 Rules of Procedure. 2.16:080 Authority- to Retain Consultants. 2.16.090 Meetings. 2.16.100--Staff 2.16.110 Duties of the Commission-. 2.16.120 Performance Bonding. 2.16.130- Material to be"Submitted. 2.16.140 Variances. 2.16.150 Design Review Fee. 2.16.160 Appeal to Town Council: -2.16.170 Lapse of Approval. Section 2.16.010 Establishment and Purpose. A. There is hereby established a Planning and Zoning Commission.of the Town of Avon. B. The purposes of the Planning and Zoning Commission are as follows: 1. To guide and-accomp_lish a coordinated, adjusted and harmonious development of the municipality and its environs,"which"will, in -accordance.with present and future needs, best promote health, safety, morals, order, convenience, prosperity, and general welfare',- as well as efficiency and economy in the' process -of development, including, among other 'things, adequate provision for traffic, the,promotion of safety from fire", flood waters, and other dangers, adequate provision for light and air-, the • 0 promotion of healthful and convenient distribution of population, the promotion of good civic design and arrange- ment, wise and efficient expenditure of public funds and the adequate provision of public utilities and other public requirements. 2. To secure safety from fire, panic, floodwaters and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. 3. To preserve the natural beauty of the town's site and setting, and to prevent indiscriminate clearing of property, removal of trees and earthmoving, and to attain the objectives set out in this chapter through design review of the exterior design of all new structures and property development and additions to all existing structures and property development. C. The objectives of the design review function of the Planning and Zoning Commission shall be as follows: 1. To prevent excessive or unsightly grading of property which could cause disruption of natural watercourses or scar natural landforms; 2. To ensure that the location and configu- ration of structures, including signs and signage, are visually harmonious with their sites and with surrounding sites and structures and that there shall be conformance to the master plan of record of the Town; 3. To ensure that the architectural design of structures and their materials and colors are visually harmonious with the town's overall appearance, with sur- rounding development, with natural and existing landforms and with officially approved development plans, if any, for the areas in which the structures are proposed to be located; 4. To ensure that plans for the landscaping of property and open spaces conform with the rules and regulations as prescribed by the Town and by this chapter and to provide visually pleasing settings for structures on the same site and on adjoining and nearby sites. Section 2.16.020 Definitions. Certain terms as used in this chapter are defined in this section. The commission shall define such other terms as necessary to be used in its rules and regulations. A. Town means the Town of Avon, Colorado. Town. B. Council means the elected Town Council of the C. Commission means the Planning and Zoning Commission of the Town. D. Clerk means the Town clerk of the Town. E. County means the County of Eagle, Colorado. - 2 - Section 2.16.030 Created'---Membership Terms. A. Effective the 1st day of May, 1983, there is created hereby aPlanning and Zoning Commission of the Town composed of seven members appointed by the Town Council to which is delegated the powers and duties to administer this chapter. B. The term "Planning and Zoning Commission" shall be -deemed to refer to the full seven member commission, which commission -shall fulfill all duties and have all powers now or hereafter delegated to either _-the Planning and Zoning Commission of the Town of Avon or the Design Review Board of the Town of Avon. C. Effective the 1st day of May, 1983, the existence of the independent Design Review Board of the Town heretofore created is terminated, provided, however, that.. all matters pending before the Design Review Board on such date shall fall within the jurisdiction of the Planning and Zoning Commission and the rules and, regulations of the Design Review Board shall be the rules and-regulations of the Commission-until modified by the Commission and approved by the Town Council. D. Subsequent to the initial appointment of the Planning Commission,- all members shall be residents of the Town. Of the Planning Commission originally appointed, at least four members shall be full-time legal residents of the Town. Other members may be residents of the county but not of the Town, provided they shall- be full-time legal residents of the county having resided therein for at least one year prior to their appointment. E. The term of office for a member shall be two years on an overlapping tenure; provided, however, that of the members initially appointed, three members shall serve-for terms of one year and four members shall serve for terms of two years, respectively, and after the expiration of the initial terms, each member. subsequently appointed shall serve for a term of,two years. Section 2.16.040 Vacancies. A vacancy on the Planning and Zoning Commission shall occur whenever a-member of the Commission is removed. by the Town Council, dies, becomes incapacitated and unable to perform his duties for a period of ninety days, resigns, ceases to'be a resident of.-the community as appropriately required, or is convicted of-a felony. A member of the Commission may be removed for misconduct, including but not limited to repeated absence from meetings and violation of the town's conflict-of-interest guidelines. In the event a vacancy occurs, the Town Council shall appoint a successor to ,fill the vacancy and serve the remainder of the term of the former member. Section 2.16.050 Compensation. All members of the Commission shall serve with compensation.at:the rate of-fifty dollars per each attended meeting, not to exceed one hundred dollars per month, and be reimbursed for all authorized personal expenses incurred while performing duties as a commission member. - 3 - 0 • Section 2.16-.060 Organization. The Commission shall select its own chairman, a vice-chairman and a secretary from among its members.- The chairman or, in his absence, the vice-chairman,. shall be the presiding officer of its meeting. In the absence- of both the chairman and the vice-chairman from a meeting, the- members present shall appoint A-member to serve as acting chairman at the meeting. All meetings shall be"held at the offices of the Town, unless otherwise specified with adequate notice given to all interested parties. Four members shall constitute a" quorum for-the transaction of business, but in the absence of a quorum, a lesser number shall adjourn any meeting to a later time or date, and in the absence of all members, any staff member shall adjourn any meeting to a later time or date. Section 2.16.070 Rules of Procedure. The Commission shall .operate in accordance with its own"rules of"procedure as provided for in Section 11.2 of the Town Charter. The rules shall-be.-filed with the Town clerk and-maintained in the records of the Town and shall be subject" to,'public -inspection; provided, however," that the Commission`shall submit its proposed rules or any.amendment thereto to the town Council which by motion shall approve the rules or amendment and direct their adoption by the Commission or disapprove the proposal with directions for, revision and resubmission. Section 2.16.080 Authority to Retain Consultants: The Commission is authorized.-to retain the serv- ices of one or-more consultants; -provided funds have been appropriated by the Town for said purpose, to advise and assist"the'Commission in performing'the functions prescribed in this chapter. The consultants may be retained to advise the Commission on a single project,:on a number of projects or on a continuing basis. Section 2.16.090 Meetings.. The Planning and Zoning Commission shall meet in accordance with the rules of procedure governing the Commission, and otherwise upon the call or the Chairman, or in the absence of the Chairman, by' the Vice-chairman. Meetings shall be called sufficiently, frequently that the procedure, prescribed-in this chapter shall commence within thirty days of submission of all 'materials required by this Code., Section 2.16.100 Staff. The Planning Director shall serve as the staff of the Commission,. and shall provide for the service of a recording secretary, who shall act in the capacity of secretary for the, Commission for the purpose of receiving .,applications and other material for consideration for the Commission. Section 2.16.110 Duties of the Commission. The Planning and Zoning Commission shall have the following functions and duties: - 4 - A. To make and recommend to the Town Council plans for -the physical development of the Town, including any areas outside its boundaries, subject to the approval of the legislative or governing body having jurisdiction thereof, which in the Commission's judgment bear relation to the planning of the Town.- The plan, with the accompanying maps,,p-lats, charts and descriptive matter, shall show the commission's -recommendations for the development of the subject territory; B. To review and recommend to the Town Council desirable or necessary modifications to the zoning ordinance, with appropriate regulations, which may be specifically provided or required by ordinance of the Town; C. To review and recommend to the Town Council desirable or necessary modifications to the subdivision regulations, as may be provided or required by ordinance of the Town; D. To review and approve design review proce- dures and criteria as they relate to the zoning ordinance; E. To review and comment on programs and studies of planning issues for the Town and its environs; F. To conduct research and appropriate studies of planning issues for the Town and its environs; G. To act as design review board of the Town and to perform all duties and exercise all powers assigned to the Design Review Board of the Town. H. To consider any other matters pertaining to the Commission as provided by law, resolution or ordinance, and to act in-an advisory capacity to the Town Council when so requested, and to perform all other powers and duties authorized and required by ordinance or state law. I. To review and approve, disapprove or conditionally approve design of all proposed structures in the Town, based upon criteria and procedures determined necessary for the health, safety and welfare of the residents of the-Town and approved by the Town Council. The Town shall not authorize site preparation, building construction, sign erection or application, exterior- - alteration or enlargement of an existing structure or paving, fencing, planting or other improvements of open space unless design approval has been granted as prescribed in this chapter. Section 2.16.120 Performance Bonding. If the Commission determines such action is necessary to protect the health, safety and welfare of the residents of'the Town, prior to issuing approval of any application, the Commission may require.permittee to submit, prior to obtaining a building permit, a letter of credit, surety bond or other adequate security, in a form and an amount acceptable to the Town, guaranteeing to the Town the compliance with all requirements of the Commission, or regulations or ordinances of the Town. it is not the intention of this provision that duplicate bonding be a requirement. Section 2.16.130 Material to be Submitted. A. The Commission shall adopt rules and regu- lations for the submission of applications, materials and - 5 - • 0 information requiring action by the Commission. The rules and regulations shall include procedures, schedules, content and quantities of materials to be submitted. B. The owner or authorized agent of any proposed project requiring action by the Commission shall submit all of the required material and information in accordance with the rules and regulations of the Commission. Any applica- tion found incomplete shall not come before the Commission. Section 2.16.140 Variances. The Commission may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations. Section 2.16.150 Fees. The Town Council shall establish a schedule sufficient to cover the cost of Town staff time, consult- ant's fees, public notices and incidental expenses of the Commission Section 2.16.160 Appeal to Town Council. A. Unless otherwise specifically provided in this Code, appeal of any decision of the Planning and Zoning Commission shall be governed by the provisions of this section. B. Decision of the Planning and Zoning Commis- sion may be appealed to the Council by the applicant or any aggrieved person or at the request of the mayor at any time before the decision becomes final. C. Within ten working days following action of the Planning and Zoning Commission, notification of its decision shall be deposited in the United States mail to the applicant and his designated agent and posted in a conspicuous manner at the Town office. The decision shall become final if no written appeal is made to the Town Council by any aggrieved person within twenty days following the decision of the Planning and Zoning Commission. D. Not more than thirty days following the filing of an appeal, the Town Council shall review the action of the Planning and Zoning Commission. The Town Council shall, in writing, confirm, modify or reverse the decision of the Commission within thirty days following the commencement of review. If it deems insufficient informa- tion is available to provide the basis for a sound decision, the Town Council may postpone final action for not more than thirty additional days. Failure of the Council to act within thirty additional days shall be deemed a granting of the appeal unless the applicant consents to a time extension. E. Any decision by the Town Council which results in disapproval of the Planning and Zoning Commission shall specifically describe the reasons for disapproval. - 6 - F. Any appeal must be presented to the Town Clerk at the.Town office and each appeal must be'accompanied by a processing fee of fifty dollars. .Section 2.16.170 Lapse of Approval. Approval of an application of any nature except zoning shall-lapse and shall become void two years following the date'of final approval of the application prescribed by ordinance, unless, prior to the expiration of-two years, a building permit based upon such approval is issued and construction, is commenced and diligently pursued toward completion. Section 2. Severability. If any part or parts hereof are for any -reason held to be invalid, such shall not affect the remaining portions of.this Ordinance. INTRODUCED; PASSED ON FIRST:, READING, APPROVED AND ORDERED POSTED, THIS .8th-,day . of March, 1983 and a public hearing on this-Ordinance shall be held at the,regular meeting of the - TownCouncil of the Town.'of Avon; Colorado, - on the 22nd day of March, 1983 At : 7 A0 P':M. 'in the Municipal Building of the Town of Avon', Colorad . /s/ Sh"la Davis. Sht&la-Davis, Acting Mayor ATTEST: /s/ Patricia J. Doyle Patricia J. Doyle Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED "POSTED this 12th day of April, 1983. Allan R, of Ingham ayor A ST: -Patricia J. Doyle Town Clerk 0.3 4/13/83 - 7 - • s STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORA.DO,AT''7:30 P.M. ON THE 22ND DAY OF MARCH, 1983 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON; COLORADO FOR THE PURPOSE OF CONSIDERING THE'ADOPTION OF ORDINANCE N0.#83-11. SERIES OF 1983: AN ORDINANCE CONCERNED WITH DISSOLVING THE DESIGN REVIEW BOARD, CREATING A PLANNING AND ZONING COMMISSION AND ESTABLISHING THE DUTIES AND FUNCTIONS THEREOF A copy of said Ordinance is attached hereto and is also on file at the office of the town clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this ordinance. This notice given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this, 10th day of :'March 1983. TOWN AVON, COLORA Patricia J. DdVle, Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE.TOWN OF AVON ON MARCH.-, - ~ -10th`, 1983: THE MAIN ENTRANCE OF THE POST OFFICE, THE MAIN ENTRANCE TO CITY MARKET, THE PESTER-GAS STATION; AND THE'MAIN LOBBY IN THE MUNICIPAL BUILDING