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TC Ord. No. 1986-04• • TOWN OF AVON ORDINANCE NO. 86-4 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT PERTAINS TO FRACTIONALIZATION TO PROVIDE FOR FRACTIONALIZATION OF DEVELOPMENT RIGHTS RELATING TO EXISTING BUILDINGS. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, as follows: Section 1. Amendment. Paragraph A of Section 17.22.020 of Chapter 17.22, Title 17, Municipal Code of the Town of Avon is amended to read as follows: "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. Development rights assigned to a lot on which exists a building for which a permanent or temporary certificate of occupancy has been issued may not be fractionalized except in accordance with Section 17.11.030 hereof. 4. This Section shall apply only to those residential development rights declared by the applicant for fractionalization." Section 2. Amendment. Chapter 17.22, Title 17, Municipal Code of the Town of Avon, is amended by the addition of a new Section as follows: 1117.22.030 Existing Buildings. Development rights assigned to a lot on which exists a building for which a permanent or temporary certificate of occupancy has been issued may be fractionalized in accordance with Section 17.22.020 hereof as a special review use upon a determination by the Town Council that the following additional conditions will be satisfied: ® 0 A. No excess development rights remain after completion of construction or partial reconstruction of the building. B. Any impact upon the Town and the services provided by the Town are mitigated to the satisfaction of the Town Council. C. The permanent or temporary certificate of occupancy issued for the building is surrendered in exchange for a new building permit and all fees in connection therewith as well as all fees in connection with new certificates of occupancy, including the capital improvement fee, are paid. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 11th day of February , 1986, and a public hearing on this ordinance shall be held at the regular meeting of theTown Council of theTown of Avon, Colorado, on the 25th day of February , 1986 at 7:30 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 25th day of February-, 1986. Allan R. Nottingha , Mayor /7 atricia J. own Clerk STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) 0 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 25TH DAY OF FEBRUARY, 1986, AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO, FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 86-4, SERIES OF 1986: AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT PERTAINS TO FRACTIONALIZATION TO PROVIDE FOR FRACTIONALIZATION OF DEVELOPMENT RIGHTS RELATING TO EXISTING BUILDINGS 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 11th day of February , 1986. TOWN OF AVON, COLORADO BY: cia J. Doyye, Town C POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY 12, 1986: THE MAIN ENTRANCE OF THE POST OFFICE THE MAIN ENTRANCE TO CITY MARKET THE PESTER GAS STATION; AND THE MUNICIPAL BUILDING IN THE MAIN LOBBY