TC Ord. No. 2004-12 Amending Titles 16 and 17 of the Avon Muni code of the TOA as it relates to review of planned unit development zone district definition of building height and parkingTOWN OF AVON, COLORADO
ORDINANCE NO. 04-12
SERIES OF 2004
AN ORDINANCE AMENDING TITLES 16 AND 17 OF THE AVON MUNICIPAL
CODE OF THE TOWN OF AVON AS IT RELATES TO REVIEW OF PLANNED UNIT
DEVELOPMENT ZONE DISTRICTS, DEFINITION OF BUILDING HEIGHT, AND
PARKING
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
TITLE 17
ZONING
Section 1. Amendment. Section 17.08.160, Chapter 8 of Title 17, Avon Municipal Code, is
amended as follows:
17.08.160 Building height.
Building height means the distance measured vertically from the existing grade or
finished grade (whichever is more restrictive) at any given point outside the building to
the top of a flat roof, mansard roof or sloping roof. Within a building, height shall be
measured vertically from any point on a flat roof, mansard roof, or sloping roof to the
existing grade directly below said point.
Maximum Building Height Interior Section
u.r.s.
Maximum Building Heigh
Maximum
Building F
OriginaliExisting Grade
Maximum Building Height Exterior
Section Showing Envelope
N.T.S.
Imaginary line runs parallel to
existing grade limiting
building height ~a
Area exceeding height limitation
when measured to finished
exterior grade \
a-
Height
measurements
i
Proposed finished grade
v Existing grade
Proposed finished grade at walkout
Section 2. Amendment. Subsection (a) of Section 17.12.100, Chapter 12 of Title 17, Avon
Municipal Code, is amended as follows:
(a) Upon filing of an application, the disposition of which requires a hearing before
either the Planning and Zoning Commission or the Town Council, or both,
pursuant to this Title, a date for the hearing shall be set which shall be not more
than (30) days from the date of acceptance of the complete application, unless
otherwise specified by specific Chapter of this Title.
Section 3. Amendment. Subsection (c) (3) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended as follows:
(c) Development review procedures.
(3) A complete application for a PUD must be submitted to the Department of
Community Development at least thirty (30) days prior to a regularly scheduled
meeting of the Planning and Zoning Commission. A report of the Community
Development Department findings and recommendations shall be made at the
initial formal hearing before the Planning Commission. A report and resolution
of the Planning Commission stating its findings and recommendations, and the
staff report shall then be transmitted to the Town Council. The Town Council
shall consider the PUD District in accordance with Section 17.28.050 of this
Code.
Section 4. Amendment. Subsection (c) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended by adding (4) as follows:
Ordinance No. 04-12 AMC16&17Revisions
Page 2 of 6
(c) Development review procedures.
(4) The Community Development Department will review preliminary findings
and recommendations on PUD applications with the applicant (or applicant
representative) at least 6 days in advance of the initial formal hearing before the
Planning Commission.
Section 5. Amendment. Subsection (d) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(d) Submittal requirements. Submittal requirements may vary depending on the
complexity of the proposed development as determined by the Community
Development Department, and whether or not the PUD is being requested in
connection with the review of a development agreement pursuant to Chapter
17.14 of this Code.
Generally, the following submittal requirements shall apply for all new PUD
applications and proposed amendments to existing PUD districts:
(1) Application form and filing fee;
(2) A written statement describing the nature of the project to include
information on proposed uses, densities, nature of development
proposed, contemplated ownership patterns, and phasing plans;
(3) A survey stamped by a licensed surveyor no older than 3 years
from the date of application, indicating existing conditions of the
property to be included, to include the location of improvements,
existing contour lines, natural features, existing vegetation,
watercourses and perimeter property lines of the parcel;
(4) A complete zoning analysis of existing and proposed development,
to include a square footage or density breakdown of all proposed
uses and parking. Where a structure or building exists, a complete
set of plans depicting the existing conditions of the parcel (site
plan, floor plans, elevations), if applicable;
(5) A vicinity plan showing the proposed improvements in relation to
all properties at a scale not smaller than one (1) inch equals one
hundred (100) feet. For projects larger than two (2) acres in size,
the appropriate scale shall be determined by the Department of
Community Development;
(6) Evidence of available utilities, such as water and sewer service, as
provided.
Ordinance No. 04-12 AMC 16&17Revisions
Page 3 of 6
(7) Proposed site plan showing the approximate locations and
dimensions of buildings, or approximate building envelopes and all
principal site development structures or features. For projects less
than two (2) acres in size, the plan shall be prepared at a scale not
smaller than one (1) inch equals twenty (20) feet. For projects
larger than two (2) acres in size, the appropriate scale shall be
determined by the Department of Community Development.
Additional submittal requirements, as determined necessary by either the Community
Development Department or the Planning and Zoning Commission, may be required and
include the following:
(8) Preliminary building elevations, sections and floor plans at a scale
not smaller than one-eighth (1/8) inch equals one (1) foot in
sufficient detail to determine floor areas, circulation, location of
uses and general scale and appearance of the proposed
development;
(9) Photo overlays and/or other acceptable techniques for
demonstrating a visual analysis of the proposed development in
relationship to existing conditions;
(10) A site-massing model depicting the proposed development in
relationship to development on adjacent parcels;
(11) Environmental impact report;
(12) Preliminary drainage analysis and grading plans;
(13) Economic model of the proposed uses and densities where an
application proposes uses that may impact the ability of the Town
to provide adequate public services;
(14) Any additional material or information as deemed necessary for
proper review of the proposed PUD or PUD amendment.
Four (4) complete copies of the above information, with the exception of
the massing model shall be submitted with an application for a PUD.
Section 6. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(h) Design Criteria. The following design criteria shall be used as the
principal criteria in evaluating a PUD District. It shall be the burden of the
applicant to demonstrate that submittal material and the proposed development
plan comply with each of the following design criteria or demonstrate that one (1)
Ordinance No. 04-12 AMC16&17Revisions
Page 4 of 6
or more of them is not applicable, or that a particular development solution
consistent with the public interest has been achieved. Where the PUD District is
being requested in connection with the review of a development agreement
pursuant to Chapter 17.14 of this Code, not all design criteria may be applicable,
as determined by the Department.
Section 7. Amendment. Subsection (k) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(1) Amendments. Requests for amendments to an approved Planned Unit Development
District shall be reviewed in accordance with the procedures described above. Amendments that
propose substantial changes to land use in connection to existing development agreements and
development plans as outlined in Chapter 17.14 of this Code may require additional information
and/or development agreements and amendment to development plans.
Section 8. Amendment. Section 17.20.110, Chapter 20 of Title 17, Avon Municipal
Code, is amended by the addition of (m) to provide as follows:
(m) Preliminary Subdivision Application with PUD
Where subdivision approval will be required to implement development in a proposed
PUD, a Preliminary Subdivision Plan application must be filed concurrently and in
conjunction with the PUD application. The provisions and procedures for public notice,
hearing and review for a PUD as prescribed in this Title shall apply to the Preliminary
Subdivision Plan application. No development may be implemented in a PUD prior to
approval and recording of a corresponding Final Subdivision Plat.
Section 9. Amendment. Subsection (c)(2)(a) of Section 17.24.020, Chapter 24 of Title
17, Avon Municipal Code, is amended to provide as follows:
(2) Commercial Land Use Minimum Requirements
a. Shopping and convenience goods retail 4/1000 sq. ft. GLFA
TITLE 16
SUBDIVISION
Section 10. Amendment. Section 16.08.150, Chapter 08 of Title 16, Avon Municipal
Code, is amended to provide as follows:
Specially planned area (SPA) and/or Planned Unit Development (PUD) means a
subdivision controlled by one (1) or more landowners to be developed under a unified
plan which does not correspond in lot area, density, lot coverage, open space or other
requirements of existing subdivision or zoning regulations; it shall contain sufficient total
area in relation to the intended use or uses to permit effective application of planning -
principles to protect the landform, reduce street and utility costs, preserve open space and
provide a superior human environment. Where subdivision approval will be required to
Ordinance No. 04-12 AMC16&17Revisions
Page 5 of 6
implement development in a proposed PUD, a Preliminary Subdivision Plan application
must be filed and reviewed concurrently with the PUD application. The public notice
and hearing requirements shall be combined and run concurrent with the PUD public
notice and hearing requirements as prescribed in Title 17.
Section 11. Amendment. Section 16.20.070, Chapter 20, Title 16, Avon Municipal Code, is
amended to provide as follows:
The Town Council shall hold a hearing upon any preliminary plan submitted. Notice of such
hearing shall be sent by first class mail, or delivered personally, at least five (5) days prior to the
hearing date, to the subdivider and to owners or property within three hundred (300) feet of the
property in question. Owners of residential multi-family condominium units may be served by
mailing (or serving) a copy of any such notice to the manager of the homeowners' association.
The subdivider is required to furnish to the Town Clerk the names and addresses of the owners
of property within three hundred (300) feet of the property in question. Where subdivision
approval will be required to implement development in a proposed PUD, a Preliminary
Subdivision Plan application must be filed and reviewed concurrently with the PUD application.
The public notice and hearing requirements shall be combined and run concurrent with the PUD
public notice and hearing requirements as prescribed in Title 17.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 27th day of July, 2004, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 10th day of August, 2004, at 5:30 P.M. in
the Council Chambers, Avo ilding, 400 Benchmwc Road, Avon, Colorado.
ATTEST:
T t ~c
c envy,
Patty,
Y S
S L', Z`'~ IL 8
ert D. Reynolds,
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND
ORDERED POSTED the !O- day of 20
Albert D. Reynolds, Ma or
ATTEST:
I mc-
Patty cK nny, TwnC erk d r1,.'
APP~OVEDAS TO FORM: f f a $4
John W. Dunn, Town Attorney v6l ..Q....
0RA
Ordinance No. 04-12 AMC16&17Revisions
Page 6 of 6
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 27TH DAY OF JULY 2004 THE
FOLLOWING ORDINANCES:
Ordinance No. 04-11, Series of 2004, Ordinance Amending Title 8, Avon Municipal
Code, to Establish Regulations and Standards Regarding the Protection of Wildlife and
Providing Penalties for the Violation Hereof
Ordinance No. 04-12, Series of 2004, Proposed Revisions to Chapter 16 (Subdivision)
and Chapter 17 (Zoning) of the Avon Municipal Code, An Ordinance Amending Title 16
and 17 of the Avon Municipal Code of the Town of Avon as it relates to review of
Planned Unit Development Zone Districts, Definition of Building Height, and Parking
Ordinance No. 04-13, Series of 2004, Ordinance Amending Section 8.24.085 of the
Avon Municipal Code to Allow the Grant of an Exception to Construction Hour
Limitations Under Certain Conditions
A copy of said Ordinances are 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 AUGUST 12, 2004
✓ AVON MUNICIPAL BUILDING, MAIN LOBBY
✓ ALPINE BANK, MAIN LOBBY
✓ AVON RECREATION CENTER, MAIN LOBBY
✓ CITY MARKET, MAIN LOBBY
0 Memo
To: Honorable Mayor and Town Council
From: Tambi. Katieb, Community Development Director
Date August 2, 2004
Re: Second Reading of Ordinance 04-12, proposed revisions to Chapter 16
(Subdivision) and Chapter 17 (Zoning) of the Avon Municipal Code -
Public Hearing
Summary:
Attached to this memo is Ordinance 04-12 that proposes, several revisions to both the
Zoning and Subdivision Codes. The Ordinance shows existing provisions, and where
applicable, a strikethrough followed by the proposed revision.
The Ordinance was passed on first reading on July 27, 2004, with a request to staff to
better communicate findings to applicants prior to holding the initial public hearing
. without necessarily adding more review time to the process. The following language is
proposed in the attached version for adoption in this regard:
(4) The Community Development Department will review preliminary findings
and recommendations on PUD applications with the applicant (or applicant
representative) at least 6 days in advance of the initial formal hearing before the
Planning Commission.
The changes presented in the ordinance are the result of several meetings with Town
Council and the Building Community wherein an exchange on how we can
revise/improve our process in both design review, zoning and subdivision code
matters took place. Likewise, staff and Council have considered and discussed
several of the proposed changes to the Zoning Code over the last year an effort to
improve our process while remaining protective of the need to regulate development to
the desires of the Town Council and citizens.
Ordinance 04-12 proposes to amend the Avon Municipal Code with respect to the
following:
Building Height Definition: Clarify the measurements within and outside the
structure proposed, to avoid continued confusion and changing interpretation
by staff over the years.
• Clarify administrative procedures related to all zoning applications, requiring
complete applications and scheduling within 30 days of that determination.
• PUD Submittal Requirements and PUD Amendment procedures: Establishing
minimum submittal requirements for all applications, addressing applications
proposed in conjunction with a development agreement, and setting forth
several new submittal requirements.
• Development agreements and PUD applications: Establishing the use of
development agreements and PUD application minimums.
• Coordination of Public Notice provisions with Preliminary Subdivision
applications: Avoiding confusion (as recently experienced on several PUD
applications) when sending public notice out for Commission and Council
public hearings by consolidating the notice for both applications.
• Clarification of existing parking. standards for Commercial Land Use: Correcting
a typographic error in the new codebook for Shopping and Convenience Goods
(retail).
• Revised SPA/PUD definition and notice provision in the Subdivision Regulation:
Coordinating the consolidated public notice approach with PUD applications to
match the language proposed in the PUD regulations.
Staff and the Town Attorney will be available at your meeting to answer any questions
that you may have on the proposed amendments.
Recommendation:
Staff recommends adoption of Ordinance 04-12 on Second Reading after holding a
public hearing.
Town Manager Comments:
Attachments:
1/ Ordinance 04-12
2/ Planning & Zoning Commission Resolution 04-19
F:\Planning & Zoning CommissionWlemos\2004ORG and AMC CHANGES 2004 72004.doc
•
2
• ORDINANCE NO. 04-12
AN ORDINANCE AMENDING TITLES 16 AND 17 OF THE
AVON MUNICIPAL CODE OF THE TOWN OF AVON AS IT
RELATES TO REVIEW OF PLANNED UNIT DEVELOPMENT
ZONE DISTRICTS, DEFINITION OF BUILDING HEIGHT,
AND PARKING
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
TITLE 17
ZONING
Section 1. Amendment. Section 17.08.160, Chapter 8 of Title 17, Avon Municipal Code, is
amended as follows:
17.08.160 Building height.
. Building height means the distance measured vertically from the existing grade or
finished grade (whichever is more restrictive) at any given point outside the building to
the top of a flat roof, mansard roof or sloping roof. Within a building, height shall be
measured vertically from any point on a flat roof, mansard roof, or sloping roof to the
existing grade directly below said point.
Maximum Building Height Interior Section
II.T.S.
Mum
m
Bulding Heigh
Maximum Building Hegtt
OriginaWwsting Grade
0
Maximum Building Height Exterior
Section Showing Envelope
N.T.S.
Imaginary line runs parallel to
existing grade limiting
building height
Area exceeding height limitation
when measured to finished
exterior grade \
i
T
Height
measurements
Proposed finished grade
666_ ' Existing grade
J
Proposed finished grade at walkout
•
Section 2. Amendment. Subsection (a) of Section 17.12:1'00, Chapter 12 of Title 17, Avon
Municipal Code, is amended as follows:
(a) e
t- b a befer-e either- the Dla+ming and Zening r - r the Town
a date for- the heafing shall be set whie
Couneil, or- > Title, pur-stiant to this
shall not more t r .1c;9s z 4rvlir .1 * "41r{1'1rrr?irF~ ' rz o~ f the N Nl; "t; ,
than x (30) a-' the - C[iir~v
r-eeeipt of the document.
(a) Upon filing of an application, the disposition of which requires a hearing before
either the Planning and Zoning Commission or the Town Council, or both,
pursuant to this Title, a date for the hearing shall be set which shall be not more
than (30) days from the date of acceptance of the complete application, unless
otherwise specified by specific Chapter of this Title.
• Section 3. Amendment. Subsection (c) (3) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended as follows:
(c) Development review procedures.
(3) A:n en- er- a P D ^ ^1 must be submitted to the Depaf4ment
of Genuntinity Development at least thifty (30) days prior- to a r-egulaAy seheduled
mthe Plafuiing and Zoning Commission. A Tepeft of the Ceffunup;t- .
Deve°1v,,,.,.prr°v" "t staffs findings and r-eeeniffiendatiens shall be add at
~
rep•6i4 shall then be t,- ttred the e T6=~'6'~1 C6 Th Tewr !^uiz6il shall
1, L- t c6 Z~--~C~lr c-n
sider- the eeial development distfiet ; er-da ee with Seetien 17.28.050 of
this e e
(3) A complete application for a PUD must be submitted to the Department of
Community Development at least thirty (30) days prior to a regularly scheduled
meeting of the Planning and Zoning Commission. A report of the Community
Development Department findings and recommendations shall be made at the
initial formal hearing before the Planning Commission. A report and resolution
of the Planning Commission stating its findings and recommendations, and the
staff report shall then be transmitted to the Town Council. The Town Council
• shall consider the PUD District in accordance with Section 17.28.050 of this
Code.
Section 4. Amendment. Subsection (c) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended by adding (4) as follows:
(c) Development review procedures.
(4) The Community Development Department will review preliminary findings
and recommendations on PUD applications with the applicant (or applicant
representative) at least 6 days in advance of the initial formal hearing before the
Planning Commission.
Section 5. Amendment. Subsection (d) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(d) Submittal requirements. Submittal requirements may vary depending on the
complexity of the proposed development as determined by the Community
Development Department; and whether or not the PUD is being requested in
connection with the review of a development agreement pursuant to Chapter
17.14 of this Code.
• Generally, the following submittal requirements shall apply for all new PUD
applications and proposed amendments to existing PUD districts:
6
(1) Application form and filing fee; A
(2) A written statement describing the nature of the project to include
information on proposed uses, densities, nature of development
proposed, contemplated ownership patterns, and phasing plans;
(3) A survey stamped by a licensed surveyor no older than 3 years
from the date of application, indicating existing conditions of the
property to be included, to include the location of improvements,
existing contour lines, natural features, existing vegetation,
watercourses and perimeter property lines of the parcel;
(4) n - t + + plans depieting existing eenditions of the p of
(site plan, plans, ele ations if app4eab4e-. A complete zoning
analysis of existing and proposed development, to include a square
footage or density breakdown of all proposed uses and parking.
Where a structure or building exists, a complete set of plans
depicting the existing conditions of the parcel (site plan, floor
plans, elevations), if applicable;
(5) A vicinity plan showing the proposed improvements in relation to
all properties at a scale not smaller than one (1) inch equals one
hundred (100) feet. For projects larger than two (2) acres in size,
the appropriate scale shall be determined by the Department of
Community Development;
(6) Evidence of available utilities, such as water and sewer service, as
provided.
(7)
dimensions of l buildings +
development featufes- Proposed site plan showing the
approximate locations and dimensions of buildings, or approximate
building envelopes and all principal site development structures or
features. For projects less than two (2) acres in size, the plan shall
be prepared at a scale not.smaller than one (1) inch equals twenty
(20) feet. For projects larger than two (2) acres in size, the
appropriate scale shall be determined by the Department of
Community Development.
Additional submittal requirements, as determined necessary by either the Community
Development Department or the Planning and Zoning Commission, may be required and
include the following:
(8) Preliminary building elevations, sections and floor plans at a scale
not smaller than one-eighth (1/8) inch equals one (1) foot in
I Q.
• sufficient detail to determine floor areas, circulation, location of
uses and general scale and appearance of the proposed
development;
(9) Photo overlays and/or other acceptable techniques for
demonstrating a visual analysis of the proposed development in
relationship to existing conditions;
(10) A site-massing model depicting the proposed development in
relationship to development on adjacent parcels;
(11) A pr-eliminar-y landseape plan shy ng existing lands. e features
to be retained n ede proposed !andseaping n landseap-ed
other- elements. For- py-ejeets less than two (2) aer-es in size the p!
hall be prepared "t "1e not smaller- than e e (1) ; eh equals
twenty eeet Far pr-ojeets lafger than two (2) ihe
+e "le shall be `aeten:ni efa by the Depa- me t of
Genuntin ty Development; Environmental impact report;
(12) Preliminary drainage analysis and grading plans;.
• (13) Economic model of the proposed uses and densities where an
application proposes uses that may impact the ability of the Town
to provide adequate public services;
(14) An additional „-,.,te a „f.,tio as deemed neeessar-y
t. - I . MI of the proposed nl rn Any additional material or
information as deemed necessary for proper review of the
proposed PUD or PUD amendment.
Four (4) complete copies of the above information, with the exception of
the massing model shall be submitted with an application for a PUD.
Section 6. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(h) Design er-iter-i^ The f'elle,. ing design er- teY1 1 shall be used as the
that submittal mater-ial and the proposed development plan eemp!5
with eaeb of the f lle: ing design oriter-ia or- demonstrate thM one (1) or- ffler-e of
them is of n .,heable of that a pai-t;..tda- development solution ensisteR4 with
the pAhe interest has been aehieved-. Design Criteria. The following design
• criteria shall be used as the principal criteria in evaluating a PUD District. It shall
be the burden of the applicant to demonstrate that submittal material and the
proposed development plan comply with each of the following design criteria or
demonstrate that one (1) or more of them is not applicable, or that a particular
development solution consistent with the public interest has been achieved.
Where the PUD District is being requested in connection with the review of a
development agreement pursuant to Chapter 17.14 of this Code, not all design
criteria may be applicable, as determined by the Department.
Section 7. Amendment. Subsection (k) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(1) Amendments. Requests for- amendments to an appr-eved Plapmed Unit Development shall
be r-eviewed in aeeefdaneia with the pmeedur-es deser-ibed above for- approval of a PUD.
Amendments. Requests for amendments to an approved Planned Unit Development District
shall be reviewed in accordance with the procedures described above. Amendments that propose
substantial changes to land use in connection to existing development agreements and
development plans as outlined in Chapter 17.14 of this Code may require additional information
and/or development agreements and amendment to development plans.
Section 8. Amendment. Section 17.20.110, Chapter 20 of Title 17, Avon Municipal
Code, is amended by the addition of (m) to provide as follows:
(m) Preliminary Subdivision Application with PUD
Where subdivision approval will be required to implement development in a proposed
PUD, a Preliminary Subdivision Plan application must be filed concurrently and in
conjunction with the PUD application. The provisions and procedures for public notice,
hearing and review for a PUD as prescribed in this Title shall apply to the Preliminary
Subdivision Plan application. No development may be implemented in a PUD prior to
approval and recording of a corresponding Final Subdivision Plat.
Section 9. Amendment. Subsection (c)(2)(a) of Section 17.24.020, Chapter 24 of Title
17, Avon Municipal Code, is amended to provide as follows:
(2) Commercial Land Use Minimum Requirements
a. Shopping and convenience goods retail' 4/1100 4/1000 sq. ft. GLFA
TITLE 16
SUBDIVISION
Section 10. Amendment. Section 16.08.150, Chapter 08 of Title 16, Avon Municipal
Code, is amended to provide as follows:
L_J
• 1 df , r-eduee street and utility easts, preserve r r
human t (Or- 79 ° §440)
Specially planned area (SPA) and/or Planned Unit Development (PUD) means a
subdivision controlled by one (1) or more landowners to be developed under a unified
plan which does not correspond in lot area, density, lot coverage, open space or other
requirements of existing subdivision or zoning regulations; it shall contain sufficient total
area in relation to the intended use or uses to permit effective application of planning
principles to protect the landform, reduce street and utility costs, preserve open space and
provide a superior human environment. Where subdivision approval will be required to
implement development in a proposed PUD, a Preliminary Subdivision Plan application
must be filed and reviewed concurrently with the PUD application. The public notice
and hearing requirements shall be combined and run concurrent with the PUD public
notice and hearing requirements as prescribed in Title 17.
Section 11. Amendment. Section 16.20.070, Chapter 20, Title 16, Avon Municipal Code, is
amended to provide as follows:
hPA4i:R4 Rhall be sent by first elass mail, or- delivered per-senally, at least five (5) days pr-ier- t
he-mi-fig 0--ate, to the subdivider- and te ewaer-s o ithin thfee hundred (300) feet of the,
pfop", in EItte +.,-n. Olwner-s of residential multi family ee dominium units may be sen,ed b
T h e s u b H_ i i ' 4 der- is f equir-ed te fumish te the Town C131-enk +I----- names and addfesses ef the ownefs
•
The Town Council shall hold a hearing upon any preliminary plan submitted. Notice of such
hearing shall be sent by first class mail, or delivered personally, at least five (5) days prior to the
hearing date, to the subdivider and to owners or property within three hundred (300) feet of the
property in question. Owners of residential multi-family condominium units may be served by
mailing (or serving) a copy of any such notice to the manager of the homeowners' association.
The subdivider is required to furnish to the Town Clerk the names and addresses of the owners
of property within three hundred (300) feet of the property in question. Where subdivision
approval will be required to implement development in a proposed PUD, a Preliminary
Subdivision Plan application must be filed and reviewed concurrently with the PUD application.
The public notice and hearing requirements shall be combined and run concurrent with the PUD
public notice and hearing requirements as prescribed in Title 17.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 27th day of July, 2004, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 10th day of August, 2004, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk O
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND
ORDERED POSTED the day of , 2004.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
n
LJ
FACounc i ]\Ord inances\2 004\Ord 04-12 AMC16&17Revisions2ndRead.doc
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0 TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 04-19
SERIES OF 2004
A RESOLUTION RECOMMENDING APPROVAL OF ORDINANCE
AMENDING TITLES 16 AND 17 OF THE AVON MUNICIPAL CODE T THE TOWN
COUNCIL AS IT RELATES TO REVIEW OF PLANNED UNIT DEVELOPMENT
ZONE DISTRICTS, DEFINTION OF BUILDING HEIGHT, AND PARKING
WHEREAS, Titles 16 and 17 of The Avon Municipal Code require review and revision on a
periodic basis in order to continue to serve the public interest; and
WHEREAS, the Planning & Zoning Commission is appointed. by Town Council to review,
make recommendations, and render decisions on all zoning applications; and
• WHEREAS, the Planning and Zoning Commission have reviewed the attached revisions
("Exhibit A") to Resolution 04-19 Series of 2004, and held a public hearing as required by
the Avon Municipal Code to review the proposed amendments;
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends to the Town Council the approval of changes set forth in Resolution
04-19 Series of 2004 in order to amend the existing Avon Municipal Code as adopted.
ADOPTED THIS 20th DAY OF JULY, 2004
Signed.-
Date: dloq
Chris Evans, Chair
Attest.
' I m <1010741,- Date: 7 001:2 06
• Terry SmitlY, ecretary
FAPlanning & Zoning Commission\Resolutions120041Res 04-19 Zoning Subdivision Ordinance Adoption.doc 1
1
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 27th day of July, 2004, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 10th day of August, 2004, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND
ORDERED POSTED the - day of , 2004.
Albert D. Reynolds, Mayor
ATTEST:
CIJ
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
FACounci1\0rdinances\2004\0rd 04-12 AMC 16& 1 Mevisions.doc
E
/a
LI
Exhibit "A" to Resolution 04-19
ORDINANCE NO. 04-XX
AN ORDINANCE AMENDING TITLES 16 AND 17 OF THE
AVON MUNICIPAL CODE OF THE TOWN OF AVON AS IT
RELATES TO REVIEW OF PLANNED UNIT DEVELOPMENT
ZONE DISTRICTS, DEFINITION OF BUILDING HEIGHT,
AND PARKING
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
TITLE 17
Section 1. Amendment. Section 17.08.160, Chapter 8 of Title 17, Avon Municipal Code, is
amended as follows:
Building height means the distance measured vertically from the existing grade or
finished grade (whichever is more restrictive) at any given point outside the
building to the top of a flat roof, of mansard roof, or to the highest r-idgefine a
sloping roof. Within a building, height shall be measured vertically from any
point on a flat roof, mansard roof, or sloping roof highest r-idgeline (for- slepin
reefs) to the existing grade directly below said point.
Maximum Building Height Interior Section
X.T.S.
mubm"
&'w M"t
MW*- aft" HW9N
o gr"Exwft Ores.
i3
Maximum Building Height Exterior
Section ShovAng Envelope
N.T.S.
Imaginary line rune parallel to
existing grade limiting
building height 1~~a
Area exceeding height limitation
when measured to finished
exterior grade
Proposed finished grade
Existing grade
r~
Section 2. A me Subsection (c) (3) of Section 17.20.110, Chapter 20 of Title 17, Avon O
Municipal Code, is amended as follows:
(3) A complete application for a PUD must be submitted to the Department of
Community Development at least thirty (30) days prior to a regularly scheduled
4 meeting of the Planning and Zoning Commission. A report of the Community
Development Department findings and recommendations shall be made at the
initial formal hearing before the Planning Commission. A report and resolution
of the Planning Commission stating its findings and recommendations, and the
staff report shall then be transmitted to the Town Council. The Town Council
shall consider the PUD District in accordance with Section 17.28.050 of this
Code.
Section 3. Amendment. Subsection (d) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(d) Submittal requirements. Submittal requirements may vary depending on the
complexity of the proposed development as determined by the Community
Development Department, and whether or not the.PUD is being requested in
connection with the review of a development agreement pursuant to Chapter
17.14 of this Code.
Generally, the following minimum submittal requirements shall apply for all new
PUD applications and proposed amendments to existing PUD districts:
`q.
Proposed finished grade at walkout
0 (
1) Application form and fling fee;
(2) A written statement describing the nature of the project to include
information on proposed uses, densities, nature of development
proposed, contemplated ownership patterns, and phasing plans;
(3) A survey stamped by a licensed surveyor no older than 3 years
from the date of application, indicating existing conditions of the.
property to be included, to include the location. of improvements,
existing contour lines, natural features, existing vegetation,
watercourses and perimeter property lines of the parcel;.
(4) A complete zoning analysis of existing and proposed development,
to include a square footage or density breakdown of all proposed
uses and parking. Where a structure or building exists, a complete
set of plans depicting the existing conditions of the parcel (site
plan, floor plans, elevations), if applicable;
(5) A vicinity plan showing the proposed improvements in relation to
all properties at a scale not smaller than one (1) inch equals one
hundred (100) feet. For projects larger than two (2) acres in size,
• the appropriate scale shall be determined by the Department of
Community Development;
(6) Evidence of available utilities, such as water and sewer service, as
provided.
(7) Proposed site plan showing the approximate locations and
dimensions of buildings, or approximate building envelopes and all
principal site development structures or features. For projects less
than two (2) acres in size, the plan shall be prepared at a scale not
smaller than one (1) inch equals twenty (20) feet. For projects
larger than two (2) acres in size, the appropriate scale shall be
determined by the Department of Community Development.
Additional submittal requirements, as determined necessary by either the Community
Development Department or the Planning and Zoning Commission, may be required and
include the following:
(8) Preliminary building elevations, sections and floor plans at a scale
not smaller than one-eighth (1/8) inch equals one (1) foot in
sufficient detail to determine floor areas, circulation, location of
• uses and general scale and appearance of the proposed
development.
(9) Photo overlays and/or other acceptable techniques for
demonstrating a visual analysis of the proposed development in
relationship to existing conditions;
(10) A site-massing model depicting the proposed development in
relationship to development on adjacent parcels;
(11) Environmental impact report;
(12) Preliminary drainage analysis and grading plans;
(13) Economic model of the proposed uses and densities where an
application proposes uses that may impact the ability---o the own
to provide adequate public services;
(14) Any additional material or information as deemed necessary for
proper review of the proposed PUD or PUD amendment.
Four (4) complete copies of the above information, with the exception of
the massing model shall be submitted with an application for a PUD.
Section 4. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows: •
(h) Design Criteria. The following design criteria shall be used as the
principal criteria in evaluating a PUD District. It shall be the burden of the
applicant to demonstrate that submittal material and the proposed development
plan comply with each of the following design criteria or demonstrate that one (1)
or more of them is not applicable, or that a particular development solution
consistent with the public interest has been achieved. Where the PUD District is
being requested in connection with the review of a development agreement as
pursuant to Chapter 17.14 of this Code, not all design criteria may be applicable,
as determined by the Department.
Section 5. Amendment. Subsection (k) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(1) Amendments. Requests for amendments to an approved Planned Unit Development
District shall be reviewed in accordance with the procedures described above. Amendments that
propose substantial changes to land use in connection to existing development agreements and
development plans as outlined in Chapter 17.14 of this Code may require additional information
and/or amendment to development agreements and to development plans.
Section 6. Ame_ n• Section 17.20.110, Chapter 20 of Title 17, Avon Municipal
Code, is amended by the addition of (m) to provide as follows: 0
(m) Preliminary Subdivision Application with PUD
Where subdivision approval will be required to implement development in a proposed
PUD, a Preliminary Subdivision Plan application must be filed concurrently and in
conjunction with the PUD application. The provisions and procedures for public notice,
hearing and review for a PUD as prescribed in this Title shall apply to the Preliminary
Subdivision Plan application. No development may be implemented in a PUD prior to
approval and recording of a corresponding Final Subdivision Plat.
Section 7. Amendment. Subsection (c)(2)(a) of Section 17.24.020, Chapter 24 of Title
17, Avon Municipal Code, is amended to provide as follows:
(2) Commercial Land I}se numum- aWremen
a. Shopping and convenience goods retail 4/1000 sq. ft. GLFA
TITLE 16
SUBDIVISION
Section 8. Amendment. Section 16.08.150, Chapter 08 of Title 16, Avon Municipal
Code, is amended to provide as follows:: -
Specially planned area (SPA) and/or Planned. Unit Development (PUD) means a
• subdivision controlled by one (1) or more landowners to be developed under a unified
plan which does not correspond in lot area, density, lot coverage, open space or other
requirements of existing subdivision or zoning regulations; it shall contain sufficient total
area in relation to the intended use or uses to permit effective application of planning
principles to protect the landform, reduce street and utility costs, preserve open space and
provide a superior human environment. Where subdivision approval will be required to
implement development in a proposed PUD, a Preliminary Subdivision Plan application
must be filed and reviewed concurrently with the PUD application. The public notice
and hearing requirements shall be combined and run concurrent with the PUD public
notice and hearing requirements as prescribed in Title 17.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 27th day of July, 2004, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 10th day of August, 2004, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Albert D. Reynolds, Mayor
E
ATTEST:
I~
6
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of , 2004.
Albert D. Reynolds, Mayor
ATTEST:
y
Patty McKenny, Town Clerk
4.
O
APPROVED AS TO FORM:
John W. Davin, Town Attorney
0
18'
a
Memo
To: Honorable Mayor and Town Council
From: Tambi Katieb, Community Development Direc r
Date July 20, 2004
Re: First Reading of Ordinance 04-12, proposed revisions to Chapter 16
(Subdivision) and Chapter 17 (Zoning) of the Avon Municipal Code
Summary:
Attached to this memo is Ordinance 04-12 that proposes several revisions to both the
Zoning and Subdivision Codes. The Ordinance shows existing provisions, and where
applicable, a strikethrough followed by the proposed revision.
The changes presented in the ordinance are the result of several meetings with Town
Council and the Building Community wherein an exchange on how we can
revise/improve our process in both design review, zoning and subdivision code
matters took place. Likewise, staff and Council have considered and discussed
several of the proposed changes to the Zoning Code over the last year an effort to
improve our process while remaining protective of the need to regulate development to
the desires of the Town Council and citizens.
Ordinance 04-12 proposes to amend the Avon Municipal Code with respect to the
following:
• Building Height Definition: Clarify the measurements within and outside the
structure proposed, to avoid continued confusion and changing interpretation
by staff over the years.
• PUD Submittal Requirements and PUD Amendment procedures: Establishing
minimum submittal requirements for all applications, addressing applications
proposed in conjunction with a development agreement, and setting forth
several new submittal requirements.
• Development agreements and PUD applications: Establishing the use of
development agreements and PUD application minimums.
• Coordination of Public Notice provisions with Preliminary Subdivision
applications: Avoiding confusion (as recently experienced on several PUD
applications) when sending public notice out for Commission and Council
public hearings by consolidating the notice for both applications.
c
• Clarification of existing parking standards for Commercial Land Use: Correcting
a typographic error in the new codebook for Shopping and Convenience Goods
(retail).
• Revised SPA/PUD definition and notice provision in the Subdivision Regulation:
Coordinating the consolidated public notice approach with PUD applications to
match the language proposed in the PUD regulations.
Also attached to this memo is a copy of Resolution 04-19, a recommendation by the
Planning and Zoning Commission that the revisions proposed are adopted by Town
Council. The Planning Commission held two public hearings on the revisions prior to
adoption of the Resolution at their July 20, 2004 meeting.
Staff and the Town Attorney will be available at your meeting to answer any questions
that you may have on the proposed amendments.
Recommendation:
Staff recommends adoption of Ordinance 04-12 on First Reading. You will hold at
least one public hearing on the revisions prior to final adoption on Second Reading.
Town Manager Comments;
U
Attachments:
1/ Ordinance 04-12
2/ Planning & Zoning Commission Resolution 04-19
F:\Planning & Zoning CommissionWlemos\2004ORG and AMC CHANGES 2004 72004.doc
n
ORDINANCE NO. 04-12
AN ORDINANCE AMENDING TITLES 16 AND 17 OF THE
AVON MUNICIPAL CODE OF THE TOWN OF AVON AS IT
RELATES TO REVIEW OF PLANNED UNIT DEVELOPMENT
ZONE DISTRICTS, DEFINITION OF BUILDING HEIGHT,
AND PARKING
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
TITLE 17
ZONING
Section 1. Amendment. Section 17.08.160, Chapter 8 of Title 17, Avon Municipal Code, is
amended as follows:
17.08.160 Building height.
Building height means the distance measured vertically from the existing grade or
finished grade (whichever is more restrictive) at any given point outside the building to
the top of a flat roof, mansard roof or sloping roof. Within a building, height shall be
measured vertically from any point on a flat roof, mansard roof, or sloping roof to the
existing grade directly below said point.
Maximum Building Height Interior Section
N.T.S.
Maximum Building Heigft
Mexirrw
BuOding
OrighadR)isting Grade
Maximum Building Height Exterior
Section Showing Envelope
N.T.S.
Imaginary line runs parallel to
existing grade limiting
building height
Area exceeding height limitation
when measured to finished
exterior grade \
Proposed finished grade
Existing grade
Height
measurements /
r
i
- Proposed finished grade at walkout
Section 2. Amendment. Subsection (c) (3). of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended as follows:
(c) Development review procedures..
py-t.py11I11U111 L,' Development e
fneeting-of the Planning and Zoning -Ee mission. A r-epaf of Ohio r amm,,••ill
Developffient DepaAfflent staffs findings and f:eeefthniendatiefis shall be made
theinitial €efmal he g-be€er-e the Plamiiag Commission. A r-epaft e
Plaffiling C- tating its findings and Feeammende4iefis, and the
r-epeA s hall then be s ed-te-the Town Cetine 1. The T,....., G, tined
wider- the speeial development distr-iet : ^"danee with Seetio" 17.28.050 „f
this ede
(3) A complete application for a PUD must be submitted to the Department of
Community Development at least thirty (30) days prior to a regularly scheduled
meeting of the Planning and Zoning Commission. A report of the Community
Development Department findings and recommendations shall be made at the
initial formal hearing before the Planning Commission. A report and resolution
of the Planning Commission stating its findings and recommendations, and the
staff report shall then be transmitted to the Town Council. The Town Council
shall consider the PUD District in accordance with Section 17.28.050 of this
Code.
V\
Section 3. Amendment. Subsection (d) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(d) Submittal requirements. Submittal requirements may vary depending on the
complexity of the proposed development as determined by the Community
Development Department, and whether or not the PUD is being requested in
connection with the review of a development agreement pursuant to Chapter
17.14 of this Code.
Generally, the following submittal requirements shall apply for all new PUD
applications and proposed amendments to existing PUD districts:
(1) Application form and filing fee;
(2) A written statement describing the nature of the project to include
information on proposed uses, densities, nature of development
proposed, contemplated ownership patterns, and phasing plans;
(3) A survey stamped by a licensed surveyor no older than 3 years
from the date of application, indicating existing conditions of the
property to be included, to include the location of improvements,
existing contour lines, natural features, existing vegetation,
watercourses and perimeter property lines of the parcel;
(4) A ::t.a..w a pauais isepietziig a.ici
(site ~..uii, floor- pla n' elevations), if ° p able. A complete zoning
(site wa
analysis of existing and proposed development, to include a square
footage or density breakdown of all proposed uses and parking.
Where a structure or building exists, a complete set of plans
depicting the existing conditions of the parcel (site plan, floor
plans, elevations), if applicable;,
(5) A vicinity plan showing the proposed improvements in relation to
all properties at a scale not smaller than one (1) inch equals one
hundred (100) feet. For projects larger than two (2) acres in size,
the appropriate scale shall be determined by the Department of
Community Development;
(6) Evidence of available utilities, such as water and sewer service, as
provided.
(7) Proposed site plan showing the appr-e*imate leeatiefts and
dimensions of all buildings and sti-detur-es and all pr-ineipal site
development features Proposed site plan showing the
approximate locations and dimensions of buildings, or approximate
building envelopes and all principal site development structures or
6
features. For projects less than two (2) acres in size, the plan shall
be prepared at a scale not smaller than one (1) inch equals twenty
(20) feet. For projects larger than two (2) acres in size, the
appropriate scale shall be determined by the Department of
Community Development.
Additional submittal requirements, as determined necessary by either the Community
Development Department or the Planning and Zoning Commission, may be required and
include the following:
(8) Preliminary building elevations, sections and floor plans at a scale
not smaller than one-eighth (1/8) inch equals one (1) foot in
sufficient detail to determine floor areas, circulation, location of
uses and general scale and appearance of the proposed
development;
(9) Photo overlays and/or other acceptable techniques for
demonstrating a visual analysis of the proposed development in
relationship to existing conditions;
(10) A site-massing model depicting the proposed development in
relationship to development on adjacent parcels;
(11) A pr-e m:fiar-y andse pe plan showing existing l nds^°"° fetes
ether- elements. For pr-ejeets less than twe (2) aer-es in size the plan
twenty (20) feet For- p eets larger- than two (2) 4he
appropriate seale shall be deter-mined by the Pep----
Environmental impact report;
(12) Preliminary drainage analysis and grading plans;
(13) Economic model. of the proposed uses and densities where an
application proposes uses that may impact the ability of the Town
to provide adequate public services;
(14) Any additional material er- inf-ofmation as deemed neeessar-y
. !,A, of the proposed PUD. Any additional material or
information as deemed necessary for proper review of the
proposed PUD or PUD amendment.
Four (4) complete copies of the above information, with the exception of
the massing model shall be submitted with an application for a PUD.
\If
Section 4. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(h) Design er-ker-ia. The fellewing design eriteria churl be use crr~
demenstfate that subfnit4a! material and the proposed development plan eemply
with eaeh ef ~he following design er-iter-ia eF deffleastr-ate that ene (1) or- more e
them i n , er- that a paffieulaI""development olution eellsisteil+C with
Design Criteria. The following design
criteria shall be used as the principal criteria in evaluating a PUD District. It shall
be the burden of the applicant to demonstrate that submittal material and the
proposed development plan comply with each of the following design criteria or
demonstrate that one (1) or more of them is not applicable, or that a particular
development solution consistent with the public interest has been achieved.
Where the PUD District is being requested in connection with the review of a
development agreement pursuant to Chapter 17.14 of this Code, not all design
criteria may be applicable, as determined by the Department.
Section 5. Amendment. Subsection (k) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(1) Ameiidfnents. Requests for- afnendments te an appr-eved Plamied Unit Development
be reviewed in aeeer-danee with the preeedufes deser-ibed above for- approval ef a PUD.
Amendments. Requests for amendments to an approved Planned Unit Development District
shall be reviewed in accordance with the procedures described above. Amendments that propose
substantial changes to land use in connection to existing development agreements and
development plans as outlined in Chapter 17.14 of this Code may require additional information
and/or development agreements and amendment to development plans.
Section 6. Amendment. Section 17.20.110, Chapter 20 of Title 17, Avon Municipal
Code, is amended by the addition of (m) to provide as follows:
(m) Preliminary Subdivision Application with PUD
Where subdivision approval will be required to implement development in a proposed
PUD, a Preliminary Subdivision Plan application must be filed concurrently and in
conjunction with the PUD application. The provisions and procedures for public notice,
hearing and review for a PUD as prescribed in this Title shall apply to the Preliminary
Subdivision Plan application. No development may be implemented in a PUD prior to
approval and recording of a corresponding Final Subdivision Plat.
Section 7. Amendment. Subsection (c)(2)(a) of Section 17.24.020, Chapter 24 of Title
17, Avon Municipal Code, is amended to provide as follows:
(2) Commercial Land Use Minimum Requirements
a. Shopping and convenience goods retail 4/100 4/1000 sq. ft. GLFA
TITLE 16
SUBDIVISION
Section 8. Amendment. Section 16.08.150, Chapter 08 of Title 16, Avon Municipal
Code, is amended to provide as follows:
S
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Specially planned area (SPA) and/or Planned Unit Development (PUD) means a
subdivision controlled by one (1) or more landowners to be developed under a unified
plan which does not correspond in lot area, density, lot coverage, open space or other
requirements of existing subdivision or zoning regulations; it shall contain sufficient total
area in relation to the intended use or uses to permit effective application of planning
principles to protect the landform, reduce street and utility costs, preserve open space and
provide a superior human environment. Where subdivision approval will be required to
implement development in a proposed PUD, a Preliminary Subdivision Plan application
must be filed and reviewed concurrently with the PUD application. The public notice
and hearing requirements shall be combined and run concurrent with the PUD public
notice and hearing requirements as prescribed in Title 17.
Section 9. Amendment. Section 16.20.070, Chapter 20, Title 16, Avon Municipal Code, is
amended to provide as follows:
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of pr-eperty within three hundred (300) feet of the pr-epefty in questien.
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The Town Council shall hold a hearing upon any preliminary plan submitted. Notice of such
hearing shall be sent by first class mail, or delivered personally, at least five (5) days prior to the
hearing date, to the subdivider and to owners or property within three hundred (300) feet of the
property in question. Owners of residential multi-family condominium units may be served by
mailing (or serving) a copy of any such notice to the manager of the homeowners' association.
The subdivider is required to furnish to the Town Clerk the names and addresses of the owners
of property within three hundred (300) feet of the property in question. Where subdivision
approval will be required to implement development in a proposed PUD, a Preliminary
Subdivision Plan application must be filed and reviewed concurrently with the PUD application.
The public notice and hearing requirements shall be combined and run concurrent with the PUD
public notice and hearing requirements as prescribed in Title 17.
0
. INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 27th day of July, 2004, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 10th day of August, 2004, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND
ORDERED POSTED the day of , 2004.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
FACounci1\0rdinances\2004\0rd 04-12 AMC 16& 1 Mevisions.doc
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 04-19
SERIES OF 2004
A RESOLUTION RECOMMENDING APPROVAL OF ORDINANCE ,
AMENDING TITLES 16 AND 17 OF THE AVON MUNICIPAL CODE T THE TOWN
COUNCIL AS IT RELATES TO REVIEW OF PLANNED UNIT DEVELOPMENT
ZONE DISTRICTS, DEFINTION OF BUILDING HEIGHT-, AND PARKING
WHEREAS, Titles 16 and 17 of The Avon Municipal Code require review and revision on a
periodic basis in order to continue to serve the public interest; and
WHEREAS, the Planning & Zoning Commission is appointed by Town Council to review,
make recommendations, and render decisions on all zoning applications; and
WHEREAS, the Planning and Zoning Commission have reviewed the attached revisions
("Exhibit A") to Resolution 04-19 Series of 2004, and held a public hearing as required by
the Avon Municipal Code to review the proposed amendments;
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends to the Town Council the approval of changes set forth in Resolution
04-19 Series of 2004 in order to amend the existing Avon Municipal Code as adopted.
ADOPTED THIS 20th DAY OF JULY, 2004
Signed-
Date: z- /-I dl0y
Chris Evans, Chair
Attest: /1
,v1,2v~;/hu741-'. Date: 7 ao ;10~
Terry Smitli, Secretary
FAPlanning & Zoning Comm ission\Resolutions\2004\Res 04-19 Zoning Subdivision Ordinance Adoption.doc
Exhibit "A" to Resolution 04-19
ORDINANCE NO.04-XX
AN ORDINANCE AMENDING TITLES 16 AND 17 OF THE
AVON MUNICIPAL CODE OF THE TOWN OF AVON AS IT
RELATES TO REVIEW OF PLANNED UNIT DEVELOPMENT
ZONE DISTRICTS, DEFINITION OF BUILDING HEIGHT,
AND PARKING
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
TITLE 17
Section 1. Amendment. Section 17.08.160, Chapter 8 of Title 17, Avon Municipal Code, is
amended as follows:
Building height means the distance measured vertically from the existing grade or
finished grade (whichever is more restrictive) at any given point outside the
building to the top of a flat roof, eF mansard roof, or te the highest r-idgefine a
sloping roof. Within a building, height shall be measured vertically from any
point on a flat roof, mansard roof, or sloping roof .
fees) to the existing grade directly below said point.
Maximum Building Height Interior Section
M.T.A /
/J/ ~ ~w,dn..n euPUr911~~ph~
M§Xkn=
81 g Newt
"mmxidna Oro*
Maximum Building Height Exterior
Section Showing Envelope
N.T.S.
Imaginary line runs parallel to
existing grade limiting
building height
Area exceeding height limitation
when measured to finished
exterior grade
Haight
messuramanb
Proposed finished grade
Existing grade
i
Z~- Proposed finished grade at walkout
Section 2. Amendment. Subsection (c) (3) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended as follows:
(3) A complete application for a PUD must be submitted to the Department of
Community Development at least thirty (30) days prior to a regularly scheduled
meeting of the Planning and Zoning Commission. A report of the Community
Development Department findings and recommendations shall be made at the
initial formal hearing before the Planning Commission. A report and resolution
of the Planning Commission stating its findings and recommendations, and the
staff report shall then be transmitted to the Town Council. The Town Council
shall consider the PUD District in accordance with Section 17.28.050 of this
Code.
Section 3. _Amendment. Subsection (d) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(d) Submittal requirements. Submittal requirements may vary depending on the
complexity of the proposed development.as determined by the Community
Development Department, and whether or not the PUD is being requested in
connection with the review of a development agreement pursuant to Chapter
17.14 of this Code.
Generally, the following minimum submittal requirements shall apply for all new
PUD `applications and proposed amendments to existing PUD districts:
(1) Application form and filing fee;
(2) A written statement describing the nature of the project to include .
information on proposed uses, densities, nature of development
proposed, contemplated ownership patterns, and phasing plans;
(3) A survey stamped by a licensed surveyor no older than I years
from the date of application, indicating existing conditions of the.
property to be included, to include the location of improvements,
existing contour lines, natural features, existing vegetation,
watercourses and perimeter property lines of the parcel;
(4) A complete zoning analysis of existing and proposed development,
to include a square footage or density breakdown of all proposed
uses and parking. Where a structure or building exists, a complete
set of plans depicting the existing conditions of the parcel (site
plan, floor plans, elevations), if applicable;
(5) A vicinity plan showing the proposed improvements in relation to
all properties at a scale not smaller than one (1) inch equals one
hundred (100) feet. For projects larger than two (2) acres in size,
the appropriate scale shall be determined by the Department of
Community Development;
(6) Evidence of available utilities, such as water and sewer service, as
provided.
(7) Proposed site plan showing the approximate locations and
dimensions of buildings, or approximate building envelopes and all
principal site development structures or features. For projects less
than two (2) acres in size, the plan shall be prepared at a scale not
smaller than one (1) inch equals twenty (20) feet. For projects
larger than two (2) acres in size, the appropriate scale shall be
determined by the Department of Community Development.
Additional submittal requirements, as determined necessary by either the Community
Development Department or the Planning and Zoning Commission, may be required and
include the following:
(8) Preliminary building elevations, sections and floor plans at a scale
not smaller than one-eighth (1/8) inch equals one (1) foot in
sufficient detail to determine floor areas, circulation, location of
uses and general scale and appearance of the proposed
development.
(9) Photo overlays and/or other acceptable techniques for
demonstrating a visual analysis of the proposed development in
relationship to existing conditions;
(10) A site-massing model depicting the proposed development in
relationship to development on adjacent parcels;
(11) Environmental impact report;
(12) Preliminary drainage analysis and grading plans;
(13) Economic model of the proposed uses and densities where an
-----application-proposes uses that may impact the abili ty-of the. Tower
to provide adequate public services;
(14) Any additional material or information as deemed necessary for
proper review of the proposed PUD or PUD amendment.
Four (4) complete copies of the above information, with the exception of
the massing model shall be submitted with an application for a PUD.
Section 4. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(h) Design Criteria. The following design criteria shall be used as the
principal criteria in evaluating a PUD District. It shall be the burden of the
applicant to demonstrate that submittal material and the proposed development
plan comply with each of the following design criteria or demonstrate that one (1)
or more of them is not applicable, or that a particular development solution
consistent with the public interest has been achieved. Where the PUD District is
being requested in connection with the review of a development agreement as
pursuant to Chapter 17.14 of this Code, not all design criteria may be applicable,
as determined by the Department.
Section 5. Amendment. Subsection (k) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(1) Amendments. Requests for amendments to an approved Planned Unit Development
District shall be reviewed in accordance with the procedures described above. Amendments that
propose substantial changes to land use in connection to existing development agreements and
development plans as outlined in Chapter 17.14 of this Code may require additional information
and/or amendment to development agreements and to development plans.
Section 6. Amendment. Section 17.20.110, Chapter 20 of Title 17, Avon Municipal
Code, is amended by the addition of (m) to provide as follows:
(m) Preliminary Subdivision Application with PUD
Where subdivision approval will be required to implement development in a proposed
PUD, a Preliminary Subdivision Plan application must be filed concurrently and in
conjunction with the PUD application. The provisions and procedures for public notice,
hearing and review for a PUD as prescribed in this Title shall apply to the Preliminary
Subdivision Plan application. No development may be implemented in a PUD prior to
approval and recording of a corresponding Final Subdivision Plat.
Section 7. Amendment. Subsection (c)(2)(a) of Section 17.24.020, Chapter 24 of Title
17, Avon Municipal Code, is amended to provide as follows:
(2) Com merc -..i-a-l Land Use - Minimum R rements_.
a. Shopping and convenience goods retail 4/1000 sq. ft. GLFA
TITLE 16
SUBDIVISION
Section 8. idment. Section 16.08.150, Chapter 08 of Title 16, Avon Municipal
Code, is amended to provide as follows:
Specially planned area (SPA) and/or Planned Unit Development (PUD) means a
subdivision controlled by one (1) or more landowners to be developed under a unified
plan which does not correspond in lot area, density, lot coverage, open space or other
requirements of existing subdivision or zoning regulations; it shall contain sufficient total
area in relation to the intended use or uses to permit effective application of planning
principles to protect the landform, reduce street and utility costs, preserve open space and
provide a superior human environment. Where subdivision approval will be required to
implement development in a proposed PUD, a Preliminary Subdivision Plan application
must be filed and reviewed concurrently with the PUD application. The public notice
and hearing requirements shall be combined and run concurrent with the PUD public
notice and hearing requirements as prescribed in Title 17.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 27th day of July, 2004, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 10th day of August, 2004, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Albert D. Reynolds, Mayor
ATTEST:
a
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of , 2004.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
\V lf~i