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TC Ord. No. 1984-10TOWN OF AVON ORDINANCE'NO:.,84-10 - Series of 1984 AN ORDINANCE ESTABLISHING A'SYSTEM TO GOVERN THE ADMINISTRATION OF FRACTIONALIZATION OF DEVELOPMENT RIGHTS IN THE TOWN OF AVON, COLORADO, MAKING NECESSARY- RELATED AMENDMENTS TO THE ZONING CODE OF THE TOWN OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. WHEREAS, the Town of Avon was created as a munici- pal government encompassing the boundaries of-lands in Eagle County, Colorado, originally known as Benchmark at Beaver Creek Subdivision, and WHEREAS, upon the creation of Benchmark at,Beaver Creek Subdivision, state and local governments having jurisdiction over the approval and development of such subdivision required the imposition of certain limitations on the development, and WHEREAS, upon the incorporation of the subdivision and the later annexation of certain adjoining properties, both the developers and the Town Council, recognizing the obligation of each to respect and implement the conditions under which the subdivision was originally developed, have attempted to adhere to and incorporate into the Town's planning process the system of limited development rights, sometimes called density units or allowed density, incorporated into the original plats of the subdivision and amendments thereto, and WHEREAS, the Town, based upon extensive analysis of the relationship of units of-various sizes, has determined that smaller residential units have less impact upon areas of concern than identical numbers of'larger residential units, and such relationship can be expressed by the formula contained in this Ordinance, and WHEREAS, such goals require,the-amendment of certain related sections of the Municipal Code of the Town of Avon. NOW, THEREFORE, be it ordained by the Town Coun- cil, the Town of Avon: Section 1. The Municipal Code of the Town of Avon shall be and hereby is amended by the-addition of a new chapter,-which shall be identified as Chapter 17.22, which shall read as follows: Chapter 17.22 FRACTIONALIZATION OF DEVELOPMENT RIGHTS 17.22.010 Purposes 17.22.020 Fractionalization of Development Rights 17.22.010 Purposes. The purposes of this chapter are: A. to continue a system of controlled growth heretofore required by the State of Colorado and the County of Eagle upon lands encompassed within the original Town of Avon and to continue such system on lands later annexed to the Town, in order to preserve and.enhance the quality of life within the Town of Avon; B. to provide for recognition of-proportional impacts created by differing sizes of residential dwelling units; C. to encourage the development of a wide variety of residential housing types, particularly affordable dwelling units, either by purchase or rental, to persons of all income levels, visitor and resident alike; D. to permit Development Rights to be fractionalized into a combination of smaller units provided that the aggregate gross square footage of all units fractionalized under this Chapter is governed by a maximum limitation. 17.22.020 Fractionalization of Development Riahts. A. This chapter provides for a fractionalization formula which establishes the terms, conditions, and limitations, whereby a Residential Development Right may be fractionalized: 1. Hotel-lodge Development Rights may not be fractionalized. 2. Development Rights may be fractionalized only on lots zoned (either through conventional zoning or SPA designation) for triplex or larger multi-family use. 3. Projects for which a temporary or permanent certificate of occupancy has been issued shall not be fractionalized. 4. Any unit constructed based upon a fractionalized Residential Development Right may not exceed a gross residential floor area of 1,800 square feet. 5. This section shall apply only to those Residential Development Rights declared by the applicant for fractionalization. B. The Town Manager shall establish the ' administrative process for implementing the provisions of this Chapter, which process shall be approved by the Town Council prior to implementation., C. The fractionaliz_ation process shall be effected using a formula predicated upon a fraction which, when multiplied by.the quantity of housing units desired, yields the development rights-required, which may be illustrated as follows: (Number of x (Fraction applicable to = (Residential Proposed Units) . :type of proposed unit) Development Rights Required) Conversely, to determine the number of fractionalized housing units which may be constructed, the 2 number of Residential Development divided by the fraction applicable type illustrated as follows: 6 Rights available shall be to the desired housing Residential Development Rights Available Number of Fractionalized Applicable Fraction .Units Possible D. Fractions of a whole Residential Development Right can be converted, at the applicant's.election pursuant to the administrative procedures established, to any combination of housing types, based upon the application of the following fractions to the fractionalization formula: Unit Size Fraction of a.Develo ment Ri ht 2Bedroom Unit 3/4 1 Bedroom Unit 1/2 Efficiency Unit 1/3 Accommodation Unit 1/4 E. The total number of units permitted on any parcel as a~result of fractionalization may exceed the density limitations imposed on the parcel by the general limitations of the Zoning Code, provided that the total number of-units prior to fractionalization shall not exceed such general limitations. F. Total maximum gross residential floor area of units fractionalized under this Chapter shall be determined by multiplying the number of Residential DR's to be fractionalized by a constant of 1,800 square feet. The gross residential floor area of a unit is at the discretion of the fractionalizing property owner, provided that the gross floor area of any unit fractionalized under this Chapter shall not exceed 1,800 square feet. G. The calculation of gross residential floor area shall include the inside dimensions of the outside walls of a dwelling unit, exclusive of portions of unfinished basements or attic space used for solar heat storage, solar porches, and attached or independently sited garages with inclusive storage areas. In multi-unit structures; being triplexes or more, all general common areas which shall not include common elements within a living unit:are excluded. H. Subsequent to the completion of a development project-which includes units.fractionalized under this Chapter, the issuance of an:occupancy.permit and the verification of available unused development rights by the Town of Avon, the property owner may transfer excess development rights according to the Special Review procedure. Only whole Residential Development Rights may be transferred. I. A certificate of occupancy may be issued to the project only upon the determination that sufficient Residential-,Development Rights are assigned to the project or upon acquisition and assignment of sufficient Residential Development Right to the project. Section 2. Section 17.08.030 of the Municipal Code of the Town of Avon shall be and hereby is amended to read 'as follows: 3 0 0 17.08.030 Accomodation unit. "Accomodation unit" means any room or group of rooms without a kitchen, designed for or adapted to occupancy by.guests and accessable from common corridors, walks, or balconies without passing through another accomodation unit or dwelling unit. -Section 3. Chapter, 17.08 of the Municipal Code of the Town of Avon shall be and hereby is amended by the addition of a new section, which shall be identified as Section 17.08.115,=.which shall read as.follows: 17.08_.115 Bedroom.; "Bedroom" means any room separate from„the primary living area of-a dwelling unit conforming to the applicable building codes and the Municipal Code for habitable space or rooms: Section 4. Chapter 17.08 of the Municipal Code of the Town of"Avon shall be and hereby is amended by'the addition of a new section, which shall be identified as Section 17.08.195, which shall read as'follows: 17.08.195 Common area. "Common area" 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. Section 5. Chapter 17.08 of the Municipal Code of the Town of Avon shall be and hereby is amended by the addition of a new section, which shall be identified as Section 17.,08.205, which shall read as follows: 17.08.205 Development Right-or DR. "Development Right" or "DR" means the right to'develop residential or. hotel-lodge property in the Town'of Avon,'according to the provisions of this Title, assignment of condominium, apartment, and hotel-lodge, duplex, and single-family units on the official town plat as amended-, and density allocations assigned to specific lots in the Town by platting, designation through Specially Planned Areas, or transfers of such assigned densities. Development rights exist only as an appurtenance to land to which the rights are assigned, are not rights which may be held by any individual except in association with the land to which the rights are assigned, and have no existence apart from the land to which such rights are assigned. Section 6. Chapter 17.08 of the Municipal.Code of the Town of Avon shall be and hereby is amended by the addition of a new section, which shall be identified as Section 17.08.265, which shall read as follows: 17.08.265 Efficiency unit. "Efficiency unit" means any single undivided room disregarding a bathroom and closet) with a kitchen designed for or adapted to occupancy by persons and accessable from common corridors, walks, or balconies'*without passing through another dwelling unit. Section 7. Chapter 17.08 of the Municipal Code of the Town of Avon shall be and hereby is amended by the addition of a new section, which shall be identified as Section 17.08.315, which shall read as follows: 17.08.315 Gross residential.floor_area. "Gross residential floor area" means that square footage of floor 4 0 • area contained within the inside dimension of the outside walls of a residential dwelling unit exclusive of certain floor area identified within the pertinent provisions herein. Section 8. Chapter 17.08 of the Municipal Code of the Town of Avon shall be and hereby is amended by the addition of a new section, which shall be identified as Section 17.08.345, which shall read as follows: 17.08.345 Hotel-Lodge Development Right-or Hotel-Lodge DR. Hotel-Lodge Development Right= or "Hotel-Lodge DR" means the right to construct one indivisable accomodation unit in-the Town of Avon, according to the provisions of this Title, assignment of hotel-lodge units on the official town plat as amended, and density allocations assigned to specific lots in the Town by platting, designation through Specially Planned Areas, or transfers of such assigned densities. Section 9. Chapter 17.08 of the Municipal Code of the Town of Avon shall be and hereby is amended by the addition of a new section, which shall-be identified as Section 17.08.355, which shall read as follows: 17.08.355. Kitchen. "Kitchen" means a room or portion of a room furnished with all of the following: (1) running water and a sink, (2) a means for cooking, and (3) a refrigerator. Section 10. Chapter 17.08 of the Municipal Code of the Town of Avon shall be and hereby is amended by the addition of a new section, which shall be identified as Section 17.08.585, which shall read as follows: 17.08.585 Residential Development Right or Residential DR. Residential Development Right" or "Residential DR" means the right to construct one residential density unit in the Town of Avon according to the provisions of this Title, assignment of condominium, apartment, duplex and single-family units on the official town plat as amended, and density allocations assigned to specific lots in the Town by platting, designation through Specially Planned Areas, or transfers of such assigned densities. Section 11. Severability. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance, and the Town Council for the Town of Avon hereby declares it would have passed this Ordinance and each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more parts, sections,'subsections, sentences, clauses or phrases be declared invalid. Section 12. Penalties and Fines. Any person who violates any provision of this Ordinance shall be punished by a fine of not more than five hundred dollars or by'imprisonment for a period of not more than ninety days or-by both such fine and imprisonment; provided, no person under the age of eighteen years shall be punished by imprisonment. Any such person shall be guilty of a separate offense'for'each and-every day during any 5 • portion of which a violation of any provision of this code is committed, continued, or permitted by such person and shall be punished accordingly. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, THIS 14th day of August, 1984.,, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the 28th day of August, 1984 at 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado. llan_ R._ ottingh Mayor Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this 12th day of September,'1984. Allan R. ttingha , Mayor TTE Patricia J. Town Clerk ORD2/ FRACTIONALIZATION 091384 6 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TO[R]N OF AVON ) E NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 28TH DAY OF AUGUST, 1984 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.84-10, SERIES OF 1984: AN ORDINANCE ESTABLISHING A SYSTEM TO GOVERN THE ADMINISTRATION OF FRACTIONALIZATION OF DEVELOPMENT RIGHTS IN THE TOWN OF AVON, COLORADO, MAKING NECESSARY RELATED AMENDMENTS TO THE ZONING CODE OF THE TOWN OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION 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 the Ordinance. This notice given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this 16th day of August, 1984. TOWN OF AVON, CO BY i( o Patricia V Doyle Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON AUGUST 17th, 1984: 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