TC Ord. No. 2004-07 Amending Titles 2,15 and 17 muni code of the TOA as it relates to appeals from decision of the planning and zoning commissionTOWN OF AVON, COLORADO
ORDINANCE NO. 04-07
SERIES OF 2004
COLORADO:
AN ORDINANCE AMENDING TITLES 2,15 AND 17,
MUNICIPAL CODE OF THE TOWN OF AVON, AS IT
RELATES TO APPEALS FROM DECISIONS OF THE
PLANNING AND ZONING COMMISSION
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
Section 1. Amendment. Subsection (a) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended as follows:
"(a) Appeal of any decision of the Planning and Zoning Commission shall
be governed by the provisions of this section."
Section 2. Amendment. Subsection (b) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended as follows:
"(b) Decisions of the Planning and Zoning Commission may be appealed
to the Council by the applicant or any interested person or may be reviewed at the
request of a majority of the Council at any time before the decision becomes final.
An "interested person" is an adjacent property owner or a person entitled to have
notice of the hearing mailed to him, in association with the action of the
Commission."
Section 3. Amendment. Subsection (c) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended to provide as follows:
"(c) Within five (5) working days following action of the Planning and
Zoning Commission, notification of its decision shall be deposited in the United
States mail to the applicant or his or her designated agent. The decision shall
become final unless a written appeal or request for review by the Mayor is
received by the Town Clerk within fifteen (15) days of the decision of the
Planning and Zoning Commission."
Section 4. Amendment. Subsection (d) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended to provide as follows:
"(d) Not more than thirty (30) days following the filing of an appeal or the
request for review by the Council, the Town Council shall review the action of the
Planning and Zoning Commission. The Town Council shall, in writing, confirm,
modify or reverse the decision of the Commission within thirty (30) days following
the commencement of review. If it deems insufficient information is available to
provide the basis for a sound decision, the Town Council may postpone final action
for not more that thirty (30) additional days. Failure of the council to act within the
thirty (30) additional days shall be deemed action confirming the decision of the
Commission unless the applicant consents to a time extension. Action of the Town
Council shall become final immediately."
Section 5. Amendment. Subsection (e) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended to provide as follows:
(e) Any decision by the Town Council which results in action modifying or reversing
the decision of the Planning and Zoning Commission shall specifically describe the
reasons therefor.
Section 6. Repeal. Section 17.12.110, Chapter 12 of Title 17, Avon
Municipal Code, is repealed.
Section 7 Repeal. Section 17.36.080, Chapter 36 of Title 17, Avon
Municipal Code, is repealed.
Section 9 Repeal. Paragraph (5) of Subsection (b) of Section 15.28.090,
Chapter 28 of Title 15, Avon Municipal Code, is repealed.
Section 10. Repeal. Section 17.36.090, Chapter 36 of Title 17, Avon Municipal
Code, is repealed.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 11th day of May, 2004, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 8th day of June, 2004, at 5:30 P.M. in the
Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Albert D. Reynolds, Mayo
11 OF AjA
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ATT S
Pa ty McI envy, own C1 rk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the irr-`= day of 2004.
Albert D. Reynolds, May
ATTEST: n1,~ou~.L C
1 M`J ~
Patty D(!c envy, To le r ua F''. T"-
Patty
APPROVED AS TO FORM: on Jo W. Dunn, Town Attorney
Ordinance No. 04-07 Appeal P&Z Decisions
Page 3 of 3
STATE OF COLORADO )
COUNTY OF EAGLE) SS
TOWN OF AVON 1
NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO ADOPTED ON THE 8TH DAY OF JUNE 2004 THE FOLLOWING ORDINANCE:
TOWN OF AVON, COLORADO, ORDINANCE NO. 04-07,
SERIES OF 2004, AN ORDINANCE AMENDING TITLES 2,
15 AND 17, MUNICIPAL CODE OF THE TOWN OF AVON,
AS IT RELATES TO APPEALS FROM DECISIONS OF THE
PLANNING AND ZONING COMMISSION
A copy of said Ordinance is attached hereto, and are also on file at the office of the Town Clerk, and
may be inspected during regular business hours, Monday through Friday, 8 AM - 5 PM.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
TOWN OF AVON, COLORADO
BY: Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JUNE 11, 2004
✓ AVON MUNICIPAL BUILDING, MAIN LOBBY
✓ ALPINE BANK, MAIN LOBBY
✓ AVON RECREATION CENTER, MAIN LOBBY
✓ CITY MARKET, MAIN LOBBY
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
25T" DAY OF MAY 2004, AT THE TOWN OF AVON MUNICIPAL BUILDING
FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF THE
FOLLOWING ORDINANCE:
TOWN OF AVON, COLORADO, ORDINANCE NO. 04-07,
SERIES OF 2004, AN ORDINANCE AMENDING TITLES 2
AND 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT
RELATES TO APPEALS FROM DECISIONS OF THE
PLANNING AND ZONING COMMISSION
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, Monday
through Friday, 8 AM - 5 PM.
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
TOWN OF AVON, COLORADO
BY: Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON MAY 14, 2004.
✓ AVON MUNICIPAL BUILDING, MAIN LOBBY
✓ ALPINE BANK, MAIN LOBBY
✓ AVON RECREATION CENTER, MAIN LOBBY
✓ CITY MARKET, MAIN LOBBY
TOWN OF AVON, COLORADO
ORDINANCE NO. 04-07
SERIES OF 2004
COLORADO:
AN ORDINANCE AMENDING TITLES 2 AND 17,
MUNICIPAL CODE OF THE TOWN OF AVON, AS IT
RELATES TO APPEALS FROM DECISIONS OF THE
PLANNING AND ZONING COMMISSION
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
Section 1. Amendment. Subsection (a) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended as follows:
"(a) Appeal of any decision of the Planning and Zoning Commission shall
be governed by the provisions of this section."
Section 2. Amendment. Subsection (b) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended as follows:
"(b) Decisions of the Planning and Zoning Commission may be appealed
to the Council by the applicant or any interested person or may be reviewed at the
request of the Mayor at any time before the decision becomes final. An
"interested person" is an adjacent property owner or a person to whom notice of
the hearing was mailed in association with the action of the Commission."
Section 3. Amendment. Subsection (c) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended to provide as follows:
"(c) Within five (5) working days following action of the Planning and
Zoning Commission, notification of its decision shall be deposited in the United
States mail to the applicant or his or her designated agent. The decision shall
become final unless a written appeal or request for review by the Mayor is
received by the Town Clerk within fifteen (15) days of the decision of the
Planning and Zoning Commission."
Section 4. Amendment. Subsection (d) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended to provide as follows:
"(d) Not more than thirty (30) days following the filing of an appeal or the
request for review by the Mayor, the Town Council shall review the action of the
Planning and Zoning Commission. The Town Council shall, in writing, confirm,
modify or reverse the decision of the Commission within thirty (30) days following
the commencement of review. If it deems insufficient information is available to
provide the basis for a sound decision, the Town Council may postpone final action
for not more that thirty (30) additional days. Failure of the council to act within the
thirty (30) additional days shall be deemed action confirming the decision of the
Commission unless the applicant consents to a time extension. Action of the Town
Council shall become final immediately."
Section 5. Amendment. Subsection (e) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended to provide as follows:
(e) Any decision by the Town Council which results in action modifying or reversing
the decision of the Planning and Zoning Commission shall specifically describe the
reasons therefor.
Section 6. Repeal. Section 17.12.110, Chapter 12 of Title 17, Avon
Municipal Code, is repealed.
Section 7 Repeal. Section 17.36.080, Chapter 36 of Title 17, Avon
Municipal Code, is repealed.
Section 9 Repeal. Paragraph (5) of Subsection (b) of Section 15.28.090,
Chapter 28 of Title 15, Avon Municipal Code, is repealed.
Section 10. Repeal. Section 17.36.090, Chapter 36 of Title 17, Avon Municipal
Code, is repealed.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 11th day of May, 2004, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the day of , 2004, at
5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benc Road, Avon,
Colorado.
Albert D Reynolds, Mayo
®ol ®F`-
ATTEST:
8°.
SE.A
ptc, AC
Patt} M fenny o vn Clerk
'k-1 A®
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of
2004.
Albert D. Reynolds, Mayor
Ordinance No. 04-07 Appeal
Page 2 of 3
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
Ordinance No. 04-07 Appeal
Page 3 of 3