TC Ord. No. 2000-12 Amending Chapter 16.08 of the Avon Municipal CodeORDINANCE NO. 00 - 12
AN ORDINANCE AMENDING CHAPTER 16.08 OF THE AVON MUNICIPAL
CODE RELATING TO SUBDIVISIONS
BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. Sections 16.08.170 to 16.08.190 of the Municipal
Code of the Town of Avon are hereby amended to provide as follows:
"16.08.170 Subdivide. To "subdivide" means to make a disposition of land or
airspace which is defined in this chapter as a subdivision, subdivided land, condominium
subdivision, estate in airspace, specially planned area and/or planned unit development
subdivision, minor subdivision, duplex subdivision or time - sharing subdivision.
16.08.180 Subdivider. "Subdivider" means a person who makes a disposition of
land or airspace, which is defined in this chapter as a subdivision, subdivided land,
condominium subdivision, specially planned area and/or planned unit development
subdivision, minor subdivision, estate in airspace, duplex subdivision or time - sharing
subdivision.
16.08.190 Subdivision or subdivided land.
A. "Subdivision" or "subdivided land" means any parcel of land in the town
(including land used for condominiums, apartments or any other multiple dwelling units)
which is divided into two or more parcels, separate interest or interests in common, or
creation of an estate in airspace in the town, unless exempted under other provisions of
these regulations.
B. The terms "subdivision" and "subdivided land" as defined in subsection A of
this section shall apply to any division of land or creation of an estate in airspace. If a
tract of land which has been created or subdivided in the past is later described as a
single tract in deeds or plat by the legal or equitable owners thereof, any later
subdivisions of that tract, even if along the lines of the earlier subdivision, shall be
subject to the requirements of these regulations. Further, if any tract of land or airspace
has been subdivided as one type of subdivision and thereafter is subdivided so as to
create a different type of subdivision (for example, conversion of a condominium
subdivision to a time - sharing subdivision), such conversion shall be subject to the
requirements of these regulations.
C. Unless the method of disposition is adopted for the purpose of evading this
article, the terms "subdivision" and "subdivided land," as defined in subsection A of this
section shall not apply to any division of land which:
1. Is created by a lien, mortgage, deed of trust or any other security
instrument;
2. Is created by any interest in an investment entity;
3. Creates cemetery lots;
4. Creates an interest or interests in oil, gas, minerals, or water which are
now or hereafter severed from the surface ownership of real property;
5. Is created by the acquisition of an interest in land in the name of a
husband and wife or other persons in joint tenancy, or as tenants in
common of such interest. For the purpose of this paragraph, any interest
in common owned in joint tenancy shall be considered a single interest;
6. Creates a leasehold interest of less than twenty years term, and involves
no change in use or degree of use of the leasehold estate."
Section 2. Amendment.
Section 16.08.215 of the Municipal Code of the
Town of Avon is added to provide as follows:
"16.08.215 Subdivision, estate in airspace. Estate in airspace subdivision means
the creation of an estate in airspace pursuant to the provisions of C.R.S. 38 -32 -101, et
seq."
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED POSTED, this 24 day of Octrober , 2000, 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 14 day of November , 2000, at 5:30 p.m., in the
Municipal Building of the Town of Avon, Colorado.
r O 6 .
Attest:
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED, this jd day of November , 2000.
Judy Yoder, Mayor
F farm`s
KrikNash, Town Clerk
APPROVED AS TO FORM:
Burt Levin, Town Attorney
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 5:30 P.M. ON THE 14th DAY OF
NOVEMBER, 2000, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 00 -12, SERIES OF
2000:
An Ordinance Amending Chapter 16.08 of the Avon Municipal Code Relating to Subdivisions
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 is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 25th day of October, 2000.
TOWN q)F AVON, COLORADO
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
OCTOBER 25, 2000:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
ORDINANCE NO. 00 - 12
AN ORDINANCE AMENDING CHAPTER 16.08 OF THE AVON MUNICIPAL
CODE RELATING TO SUBDIVISIONS
BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. Sections 16.08.170 to 16.08.190 of the Municipal
Code of the Town of Avon are hereby amended to provide as follows:
"16.08.170 Subdivide. To "subdivide" means to make a disposition of land or
airspace which is defined in this chapter as a subdivision, subdivided land, condominium
subdivision, estate in airspace, specially planned area and /or planned unit development
subdivision, minor subdivision, duplex subdivision or time - sharing subdivision.
16.08.180 Subdivider. "Subdivider" means a person who makes a disposition of
land or airspace, which is defined in this chapter as a subdivision, subdivided land,
condominium subdivision, specially planned area and/or planned unit development
subdivision, minor subdivision, estate in airspace, duplex subdivision or time - sharing
subdivision.
16.08.190 Subdivision or subdivided land.
A. "Subdivision" or "subdivided land" means any parcel of land in the town
(including land used for condominiums, apartments or any other multiple dwelling units)
which is divided into two or more parcels, separate interest or interests in common, or
creation of an estate in airspace in the town, unless exempted under other provisions of
these regulations.
B. The terms "subdivision" and "subdivided land" as defined in subsection A of
this section shall apply to any division of land or creation of an estate in airspace. If a
tract of land which has been created or subdivided in the past is later described as a
single tract in deeds or plat by the legal or equitable owners thereof, any later
subdivisions of that tract, even if along the lines of the earlier subdivision, shall be
subject to the requirements of these regulations. Further, if any tract of land or airspace
has been subdivided as one type of subdivision and thereafter is subdivided so as to
create a different type of subdivision (for example, conversion of a condominium
subdivision to a time - sharing subdivision), such conversion shall be subject to the
requirements of these regulations.
C. Unless the method of disposition is adopted for the purpose of evading this
article, the terms "subdivision" and "subdivided land," as defined in subsection A of this
section shall not apply to any division of land which:
1. Is created by a lien, mortgage, deed of trust or any other security
instrument;
2. Is created by any interest in an investment entity;
3. Creates cemetery lots;
4. Creates an interest or interests in oil, gas, minerals, or water which are
now or hereafter severed from the surface ownership of real property;
5. Is created by the acquisition of an interest in land in the name of a
husband and wife or other persons in joint tenancy, or as tenants in
common of such interest. For the purpose of this paragraph, any interest
in common owned in joint tenancy shall be considered a single interest;
.6. Creates a leasehold interest of less than twenty years term, and involves
no change in use or degree of use of the leasehold estate."
Section 2. Amendment. Section 16.08.215 of the Municipal Code of the
Town of Avon is added to provide as follows:
"16.08.215 Subdivision, estate in airspace. Estate in airspace subdivision means
the creation of an estate in airspace pursuant to the provisions of C.R.S. 38 -32 -101."
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED. POSTED, this 24 day of October , 2000, 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 14 day of NnvemhL=r , 2000, at 5:30 p.m., in the
Municipal Building of the Town of Avon, Colorado.
11 rm,
••: /: •
Kris Nash, Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED, this day of , 2000.
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
APPROVED AS TO FORM:
L�
Burt Levin, Town Attorney
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Norm Wood, Town Engineer
Date: October 19, 2000
Re: Ordinance No. 00 -12 Amending Chapter 16.08 of the Avon Municipal
Code Relating to Subdivisions (First Reading)
Summary: Points of Colorado, owner of Lot C, Avon Center at Beaver Creek,
has submitted an application for approval of an estate in airspace subdivision of Lot C.
Because of the uniqueness of the subdivision type, we requested Richard Sheurer review
the application as special counsel. The proposed subdivision is addressed in the Colorado
Revised Statutes but not in the Avon Municipal Code. Richard has recommended the
changes proposed in attached Ordinance No. 00 -12, as prepared by Town Attorney Burt
Levin, amending the Avon Municipal Code to address this type of subdivision.
Approval of Ordinance No. 00 -12, Amending Chapter 16.08 of the Avon Municipal Code
Relating to Subdivisions is recommended.
Discussion: The estate in airspace subdivision is aimed primarily at
undeveloped, multi - level, multi - phased projects. The proposed subdivision will allow
ownership of the underground parking structure to be separate from the above ground
structures, prior to completion of the physical structures, as required for a condominium
subdivision. It also provides a mechanism to establish legal descriptions for future phases
of construction. This will help accommodate financing options and simplify future
condominium/time -share subdivision of the individual phases as they are completed.
CAWINDOWS \TEMP \Memo Ord 00- 12.Doc
Recommendations: Approve Ordinance No., 00-12, Amending Chapter
16.08 of the Avon Municipal Code Relating to Subdivisions on First Reading.
Proposed Motion: I move to approve, on First Reading, Ordinance No. 00 -12,
Amending Chapter 16.08 of the Avon Municipal Code Relating to Subdivisions.
Town Manager Comments:
C: \WINDOWS \TEMP \Memo Ord 00- 12.Doe 2