TC Ord. No. 1995-13 No Motioncm,�, S� - � -�
TOWN OF AVON
ORDINANCE NO. 95 -13
SERIES OF 1995
AN ORDINANCE ADDING CHAPTER 17.08.705, DEFINING "RIPARIAN ZONE,"
TO THE MUNICIPAL CODE OF THE TOWN OF AVON, AND REPEALING AND
REENACTING CHAPTER 17.50.110 AS IT RELATES TO STREAM SETBACK
PROVISIONS.
WHEREAS, the Town of Avon has determined that the Eagle River is a
significant natural, visual and recreational element in the Town, and that the preservation
of the riparian vegetation adjacent to the River and other live streams is essential for the
health, safety and welfare of the community, and;
WHEREAS, a public hearing has been held by the Planning and Zoning
Commission of the Town of Avon, pursuant to notices required by law, at which time the
public and affected property owners were given an opportunity to express their opinions
and present certain information and reports regarding the proposed ordinance; and
WHEREAS, following such public hearing, the Planning and Zoning Commission
forwarded reports and recommendations on the proposed amendment to the Town
Council of the Town of Avon; and
WHEREAS, after notices provided by law, a public hearing was held before this
Council on the 8th day of August, 1995, at which time the public was given an
opportunity to express their opinions regarding the proposed amendment; and
WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the
Comprehensive Plan of the Town of Avon and the recommendation of the Planning and
Zoning Commission of the Town of Avon, this Council finds as follows:
1. The proper posting, publication and public notice was provided as required by law
for the hearings before the Planning and Zoning Commission and the Town
Council of the Town of Avon.
2. That the hearings before the Planning and Zoning Commission and the Town
Council were both extensive and complete and that all pertinent facts, matters and
issues were submitted at those hearings.
3. That the proposed change in stream setback standards is consistent with the
Comprehensive Plan of the Town of Avon.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, AS FOLLOWS:
1. Section 1. Addition. Chapter 17.08.705 of the Municipal Code of the Town of
Avon shall be added to Chapter 17 and shall read as follows:
17.08.705 Riparian Zone. "Riparian zone" means the banks and adjacent
vegetation influenced by the high water table. Plant types associated with riparian
zone included but are not limited to cottonwoods, willows, alders, aspens, and
chokecherry. The presence or absence of these plants does not always indicate a
riparian community. A specific on -site determination of the location of the
riparian zone shall be made to establish the actual boundaries. A botanist, soil
scientist, biologist or other qualified professional as approved by the Town
Council may make such inspections and determinations. All such inspections and
determinations are subject to review and approval by the Town of Avon.
2. Section 2. Amendment. Chapter 17.50.110 of the Municipal Code of the Town of
Avon is amended to read as follows:
17.50.110 Stream setback provisions. All structures, grading, paving and land
disturbance shall be located outside of the riparian zone, 100 -year flood plain of
rivers, streams or lakes, or 75 feet from the mean annual flood level (high water
mark), whichever is greatest. If the setback line falls upon a slope of 40% or
greater, the setback line shall be moved to the top of the slope. This protection
zone shall be left in its natural state, except for enhancement of the riparian zone
through appropriate plantings and noxious weed control.
Approved trails, bridges, fences, irrigation structures, flood control and erosion
devices may be constructed thereon if there will be no or minimal disturbance.
Underground utilities may be located in such protected area upon approval by the
Town Council or its designated representative, provided there is no alternative
location for such utilities, there will be no or minimal disturbance, any disturbed
area is revegetated in accordance with the approved site - specific development
plan, and any pertinent state or federal approvals are obtained.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED POSTED, this 1 lth day of July, 1995, and a public hearing shall be held at
the regular meeting of the Town Council of the Town of Avon, Colorado on the 8th day
of August, 1995, at 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
Albert J. Reynolds, Mayor
ATTEST:
Patty Neyhart, CMC, Town Clerk
INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED
POSTED this
ATTEST:
Patty Neyhart, CMC, Town Clerk
APPROVED AS TO FORM:
Town Attorney
day of
Town of Avon
Town Council
Albert J. Reynolds, Mayor
-, 1995.