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TC Ord. No. 1985-10ORDINANCE NO. 85-9 AN ORDINANCE AMENDING TITLE 17'OF.-THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO SIZE-S OF UNITS TO BE PERMITTED BY FRACTIONALIZATION AND TO DELETE THE.DEFINITION OF "EFFICIENCY UNIT" AND "GROSS RESIDENTIAL FLOOR AREA." WHEREAS, Chapter 17.22 of the Municipal Code-of the Town of Avon allows fractionalization of residential development rights so as to permit construction of a greater number of dwelling units provided such dwelling units are of a smaller size; and WHEREAS, said Chapter 17.22 categorizes the smaller dwelling units to be permitted by the fractionalization process as two-bedroom, one-bedroom, efficiency and accommodation units; and WHEREAS, the fractionalization process will be more easily and more fairly administered on the basis of square-footage than as aforesaid; and WHEREAS, the square-footage contained herein is based upon the experience of the Town in the administration of fractionalization; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Repeal. Sections 17.08.265 and 17.08.315, Chapter 17.08, Title 17 of the Municipal Code of the Town are repealed. Section 2. Amendment. Section 17.22:020, Chapter 17.22, Title 17 of the Avon Municipal Code is amended to read as follows: "17.22.020 Fractionalization'of development rights. A. This chapter provides for a fractionalization formula which establishes the-terms,, conditions; and limita- tions, 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 multifamily.use. 3. Projects for which a temporary or permanent certificate of occupancy has been issued shall notbe fractionalized. 11 0 C. The fractionalization.process shall be effect- ed 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 Fraction applicable to Residential develop- proposed units x size of proposed unit ment rights required B. The town manager shall establish the adminis- trative process for implementing the provisions of this chapter, which process shall be-approved by the town council prior to implementation. 4. This section shall apply only to those residential development rights declared by the applicant for fractionalization. Conversely, to determine the number of fractiona- lized housing units which may be constructed, the number of residential development rights available shall be divided by the fraction applicable to the desired housing type illustrated as follows: 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 com- bination of housing types, based upon the application of the following fractions to the fractionalization formula: Maximum Unit Size Fraction of DR 801 thru 1200 sq. ft. 3/4 601 thru 800 sq. ft. 1/2 451 thru 600 sq. ft. 1/3 0 thru 450 sq. ft. 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. The calculation of square-footage floor area shall include the inside dimensions of the outside walls_of a dwelling unit as shown on the final as-built maps, including loft area, but excluding space used for- solar heat storage in an unfinished basement or attic, and attached or independently sited garages. All general common areas, which shall not include common elements within a living unit, are excluded. G. Subsequent to the completion of a development project which includes units fractionalized under this chapter, the issuance of an occupancy permit and the veri- fication of available unused development rights by the town, the property owner may transfer excess development rights according to the special review procedure. Only whole residential development rights may be transferred. H. A certificate of occupancy may be issued for 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 3. Severability. If any part, section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect - 2 - I • • 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, sub-section, sentence, clause or phrase thereof, irrespec- tive of the fact that any one or more parts, sections, sub-sections, sentences, clauses or phrases be declared invalid. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, THIS 23rd day of April, 1985 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 7th day of May, 1985 at 5:00 P.M. in the Municipal Building of the Town of Avon, Colorado. Allan R. ottingha Mayor INTRODUCED, PASSED ON SECOND READING, APPROVED'AND ORDERED POSTED this :_7th day of May , 1985. .2e Shei a R.5 -Davi's., `Mayor` Pro Tem 04042485 - 3 - Town Clerk • 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, COLORADO, AT 5:00 P.M. ON THE 7TH DAY OF MAY, 1985, AT,THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD,.AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 85-9, SERIES OF 1985: AN ORDINANCE AMENDING TITLE,17 OF THE MUNICIPAL CODE OF THE TOWN OF AVON.AS IT RELATES TO SIZES OF UNITS TO BE PERMITTED BY FRACTIONALIZATION'AND TO DELETE THE'DEFINITION OF "EFFICIENCY UNIT" AND "GROSS RESIDENTIAL FLOOR AREA." 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 23rd TOWN BY: POSTED AT THE FILLOWING PUBLIC PLACES WITHIN THE-TOWN OF AVON ON APRIL 24, 1985: THE MAIN ENTRANCE OF.THE POST OFFICE THE MAIN ENTRANCE TO'XITY MARKET,, THE PESTER GAS STATION;,AND THE MUNICIPAL BUILDING IN THE MAIN LOBBY day of April, 1985.