TC Ord. No. 1993-03 Amending Title 16 of the Muni code as it relates to subdivisions and requiring dedication of land for recreation purposes or payment of cash in lieuBE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
COLORADO, AS FOLLOWS:
Chapter 16.50
SECTION 1
RECREATION LAND DEDICATIONS
Sections:
AN ORDINANCE AMENDING TITLE 16 OF THE MUNICIPAL CODE OF THE
TOWN OF AVON AS IT RELATES TO SUBDIVISIONS AND REQUIRING
DEDICATION OF LAND FOR RECREATION PURPOSES OR PAYMENT OF
CASH IN LIEU THEREOF AND THE ADDITION OF SECTION 16.08.115
PROVIDING A DEFINITION FOR "PARKLAND, DEVELOPED"
16.50.010 Purpose
16.50.020 Recreation land dedication or cash
thereof (residential subdivision)
16.50.030 Commercial dedication requirement
16.50.040 Trails dedication
16.50.050 Criteria for land suitability
16.50.060 Recreation standards
16.50.070 Application
16.50.080 Town exempted
AVON,
in lieu
16.50.010 Purpose. It is hereby declared to be the
policy of the Town that whenever there is a subdivision of
residential land or development of commercial land, the owner of the
land shall be required to dedicate developed parkland or cash in
lieu of developed parkland to the Town based on the impacts of the
subdivision on the Towns's park and trails system. It is the
purpose of this chapter to fulfill such needs.
16.50.020 Recreatio
(residential subdivision).
residential subdivision or
intended for residential
sites to the Town to serve
residents thereof by the
Formula set forth below:
ORDINANCE NO. 93-3
n land dedication or cash in lieu thereof
The subdivider of land in each
portion of the subdivision which is
use shall allocate and convey recreation
the proposed subdivision and future
application of the Parkland Dedication
Acreage of dedication = Planning Population Number(PPN) x .009
.009 represents 9 acres of park per 1000 in population
The PPN = Local PPN + Visitor PPN
Local PPN = number of dwelling units x 80% maximum
development x 50% of dwelling units x 2.54 persons per unit
Visitor PPN = number of dwelling units x 80% maximum
development x 50% of dwelling units x 50% usage x 4 persons
per unit.
If the Town Council decides that dedication of developed
parkland does not accomplish the purposes of this chapter the
developer shall pay cash in lieu thereof. Cash in lieu fees shall
be set by the Avon Town Council and reviewed annually and adjusted
when deemed necessary. This fee shall approximate the cost of
acquiring and developing parkland. The cash in lieu of developed
parkland fee shall equal the value of the required number of acres
of developed parkland as specified by the Parkland Dedication
Formula. A combination of land dedication and cash in lieu may be
utilized to satisfy the total dedication requirement if such
combination is acceptable to the Town Council. Land dedication or
cash in lieu of developed parkland shall be made or collateralized
prior to recording the final plat.
Cash payments made in lieu of developed parkland dedication
shall be reserved for the purpose of providing future park and
recreation facilities.
16.50.030 Commercial dedication requirement. A fee in lieu
of dedication of developed parkland shall be required of the
individual owners of commercial property at the time of building
permit application, except as outlined in Chapter 16.50.040. This.
fee shall be one percent (1.0%) of the sum of the buildings value as
stated on the building permit as "valuation of work" and the "Total
Current Value (Actual)" of the land as provided by the Eagle County
Assessor.
Cash payments made in lieu of developed parkland dedication shall be
reserved for the purpose of providing future park and recreation
facilities.
16.50.40 Trails dedication. The subdivider of land in
each subdivision, whether residential or commercial, shall as a part
of such subdivision dedicate to the public and construct such
recreation trails as are determined by the Town Council to be
necessary to serve the proposed subdivision and future visitors
thereto. Such dedication, at a minimum, shall be the dedication of
a fifteen foot right-of-way and such construction shall consist of
three to four foot wide soft surface trails that link key
destinations. Where paved paths are determined to be reasonably
necessary, sufficient right-of-way shall be dedicated and a 10 foot
wide paved path shall be constructed. A trails dedication is a
parklands dedication.
10.50 Criteria for land suitability. Any land to be
dedicated must be reasonably adaptable for use as a pocket park,
neighborhood park, playground, playfield, community park, or trail
corridor. Factors used in evaluating the adequacy of proposed park
areas include but are not limited to size, shape, topography,
geology, flora, fauna, access, location, and intended use.
16.50.60 Recreation standards. The Town's Recreation Master
Plan, adopted February 11, 1992, or as amended, is incorporated
herein as a guide to facilitate adequate provision for parks and
trails as the Town develops.
16.50.70 Application. This Chapter shall apply to all
commercial property at the time of building permit application and
all residential and commercial subdivisions of land, including the
c
entire resubdivision of major subdivisions finally approved by the
Town prior to the effective date of the ordinance adopting this
Chapter. Any subdivision or resubdivision of property that does not
result in an increase of density and that has previously dedicated
parkland or cash in lieu thereof shall be exempt from these
provisions.
16.50.80 Town exempted.
of this Chapter.
SECTION 2.
DEFINITION:
The Town is exempted from the requirements
16.08.115 Parkland, Developed. " Developed Parkland " means
a tract of land set aside for public use, complete with improvements
as specified in the Town of Avon Recreation Master Plan adopted
February 11,1993 or as amended.
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 the validity of the remaining portions of this
ordinance, and the Town Council of the Town of Avon hereby declares
it would have passed this ordinance and each part, section,
subsection, sentence, clause or phrase thereof, without the
sentences, clauses or phrases declared invalid.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,
this day of , 1993 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 day of , 1993 at
7:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Albert J. Reynolds, Sr., Mayor
ATTEST:
Patty Neyhart, Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED
this day of , 1993.
ATTEST:
Patty Neyhart, Town Clerk
APPROVED AS TO FORM:
Albert J. Reynolds, Sr., Mayor
John Dunn, Town Attorney