Loading...
TC Ord. No. 2005-03 Amending Title 17 muni code of the TOA as it relates to public benefit criteria for all zoning applications and providing for the reorganization repeal and amendment of supplemental zoning regulationsTOWN OF AVON, COLORADO ORDINANCE NO. 05-03 SERIES OF 2005 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO PUBLIC BENEFIT CRITERIA FOR ALL ZONING APPLICATIONS, AND PROVIDING FOR THE REORGANIZATION, REPEAL AND AMENDMENT OF SUPPLEMENTAL ZONING REGULATIONS. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Chapter 28 of Title 17, Avon Municipal Code, is amended by addition of a new Section 17.28.085 to provide as follows: "The Town shall consider the following public benefit criteria when evaluating zoning applications: (1) The application demonstrates a public purpose which the current zoning entitlements cannot achieve. (2) Approval of the zoning application provides long term economic, cultural or social community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights. (3) The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and cultural resources, and increasing the amount of public benefit consistent with the community master plan documents." Section 2. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended by addition of a new subparagraph (12) as follows: "(12) That the PUD or amendment to PUD requested provides evidence of substantial compliance with the public purpose provisions of the Zoning Code as specified in Section 17.28.085" Section 3. Amendment. Section 17.48.040, Chapter 48 of Title 17, Avon Municipal Code, is amended by the addition of a new subsection (4) to provide as follows: "(4) That the granting of the special review use requested provides evidence of substantial compliance with the public purpose provisions of the Zoning Code as specified in Section 17.28.085." Section 4. Amendment. Section 17.50.010, Chapter 50 of Title 17, Avon Municipal Code, is repealed and reenacted as Section 17.08.040 to provide as follows: "Accessory Building or accessory use means a subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, and does not change the basic character thereof as determined by its principal use. Accessory buildings shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupancy; approval of the Planning and Zoning Commission and a building permit are required. Accessory buildings and uses shall be permitted in every zone district. Section 5. Amendment. Section 17.50.020, Chapter 50 of Title 17, Avon Municipal Code, is repealed and reenacted as Section 17.08.145 to provide as follows: "Building Area Ratio. For the purpose of calculating building area ratio, there shall be included that area within the surrounding exterior walls (measured from their exterior surface) of a building or portion thereof. The building area of a building or portion thereof shall include all exterior walkways, terraces, courts, stairways or other constructed areas under a horizontal projection of a roof or floor above. Garages shall not be included in building area ratio calculations to the extent they do not exceed the following square footage limitations: One-car garage: four hundred (400) square feet maximum Two-car garage: six hundred (600) square feet maximum Garage square footage in excess of these square footages shall be included in building area ratio calculations. Decks which are above grade and are uncovered and which extend out from the enclosed space of the structure shall be included in building area ratio calculations to the extent that fifty percent (50%0) of such decks shall be calculated; decks which do not exceed height restrictions established in this zoning code and which are constructed on the roofs of floors below shall not be included in building area ratio calculations. Crawl spaces without windows, suitable only for storage and not in excess of four (4) feet in height, shall not be included in building area ratio calculations. Section 6. Repeal. Section 17.50.030, Chapter 50 of Title 17, Avon Municipal Code, is repealed. Section 7. Repeal. Section 17.50.040, Chapter 50 of Title 17, Avon Municipal Code, is repealed. Section 8. Amendment. Section 17.08.480, Chapter 08 of Title 17, Avon Municipal Code is amended to provide as follows: "Lot Setback means the distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures or building on site. No building projections shall be permitted into required lot setback areas, either above or below grade, except that there shall be no restriction on walks and steps. Ordinance No. 05-03 Zoning Code Amendments Page 2 of 5 No encroachment into easements or stream setbacks shall be permitted." Section 9. Repeal. Section 17.50.050, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 10. Repeal. Section 17.50.060, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 11. Repeal. Section 17.50.070, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 12. Repeal. Section 17.50.080, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 13. Repeal. Section 17.50.090, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 14. Amendment. Section 17.50.100, Chapter 50 of Title 17, Avon Municipal Code is repealed and reenacted as Section 17.08.755 to provide as follows: "Snow Storage is defined as the following: Snow storage is required for any property which, when developed, is intended to contain impermeable surface area used for purposes other than aboveground construction, and shall satisfy the following criteria: (1) An area equal to twenty percent (20%) of impermeable surface area upon which aboveground construction does not occur shall be designated as a "snow-storage area" and not developed in a manner inconsistent with such use. Landscaping shall not be considered to be inconsistent with such use. (2) Any designated snow-storage area shall be not less than six (6) feet wide, shall be adjacent to the impermeable surface area from which the snow is to be removed, shall not be included in any parking area required by the minimum parking requirements of the Town and shall be contained in such a manner that runoff is directed through a treatment facility as described in Subsection (3) of this Section, when such treatment facility is required as a part of the drainage plan. (3) Whenever a treatment facility is required to be installed in association with a snow- storage area, the design of the same shall be approved by the Town Engineer as part of the site drainage plan and shall be designed to remove from the runoff petroleum-based liquids and settleable solids. (4) The foregoing requirements for on-site snow-disposal areas may be waived by the reviewing body of the Town upon the demonstration that: a. An appropriate alternative snow-storage site, or on-site snow melt, is available for removal of snow to an offsite location suitable and available for such purpose, Ordinance No. 05-03 Zoning Code Amendments Page 3 of 5 meeting with the approval of the Dir-ee*^r of Dublie Work Community Development Department; and b. Arrangements for the off-site removal have been made in a manner assuring the continuation of such practice throughout the life of the project. Section 15. Amendment. Section 17.50.110, Chapter 50 of Title 17, Avon Municipal Code is repealed and reenacted as Section 17.08.505 to provide as follows: "Lot Setback, Stream is defined as a thirty-foot strip of land measured horizontally from the mean annual flood high-water mark on each side of any live stream located within the boundaries of a proposed subdivision shall be protected in its natural state, with the exception that footpaths, bridges, irrigation structures, flood control and erosion protection devices may be constructed thereon. If such stream is along the outer boundaries of the subdivision, this requirement shall apply to that part of such stream and strip which is within the subdivision. Underground utilities may be located in such protected area; provided that there is no practical alternative location for such utilities, that the plans are approved by the Town Council through its designated representative and that all construction scars are revegetated. Section 16. Repeal. Section 17.50.120, Chapter 50 of Title 17, Avon Municipal Code is repealed and amended as Section 17.08.215 to provide as follows: "Density Exclusion is calculated as follows: (a) Whenever there is proposed for development a tract of land partially under water at any time during the year, there shall be excluded from the calculation in determining allowable density those areas of the development tract under water and up to mean waterline, except where such requirement would prevent construction of a single family residence; and (b) Whenever there is proposed for development a tract of land containing slope in excess of forty percent (40%), there shall be excluded from the calculation in determining allowable density those areas of the development tract in excess of forty- percent slope, except where such requirement would prevent construction of a single family residence. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 26th day of April, 2005, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 10th day of April, 2005, at 5:30 P.M. in the Council Chambers, Avon Municipal Buildi , 400 enchmark ko d, Avon, Colorado. 0-5co C. Ronald C. Wolfe, Mayor Ordinance No. 05-03 Zoning Code Amendments Page 4 of 5 ATTEST: nc Patty nenny Clerk (7-!!p y` J ~ a. Co % .i INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the ) 01~day of n , 2005. Ronald C. Wolfe, Mayor APPROVED AS TO FORM: Jo W. Dunn, Town Attorney ~t4 01F AI's . Ordinance No. 05-03 Zoning Code Amendments Page 5 of 5 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Tambi Katieb, Community Development Directo Date: April 19, 2005 Re: Second Reading of Ordinance 05-03, amendments to Avon Municipal Code- Title 17 (Zoning) PUBLIC BEARING Summary: Attached to this memo is an ordinance being forwarded to you for review, discussion, and approval on first reading that proposes amendments to the Town Zoning Code. The changes presented in this Ordinance are the result of several discussions at a staff level about outdated, obsolete or unclear zoning regulations. One particular proposed amendment- the addition of "public benefit' criterion for zoning applications- is largely the result of discussion with both Planning and Zoning Commission and Town Council over several complex zoning application deliberations over the last several years. The proposed amendments have been reviewed by the Community Development Subcommittee, which includes Councilors Ferraro and Sipes as well as the Planning Commission Chairman Chris Evans. At their April '5"', 2005 meeting, The Planning and Zoning Commission recommended approval of these amendments through Resolution 05-03 subject to the modifications as outlined in the strikethrough version of Ordinance 05-03, which is attached for your review. Finally, at your April 26, 2005 meeting, you approved the Ordinance 05-03 on first reading requesting the following changes: more restrictive below grade setback provisions on side and rear yards and revised word order on the second Public Benefit Criteria. Those changes have been made and are reflected in the revised Ordinance. Discussion: At your first reading on April 12, 2005, Council requested clarification on several aspects of the revision. Staff is providing you with a review and discussion of those items as follows: Section 5: Repealing and reenacting the "Accessory Building" and "Accessory Use" definitions. There. was some question as to whether the definitions should remain separate and distinct. The definition is already combined in the Zoning Code Definition section as "Accessory building or use" (17.08.040), and the intention of deleting the two separate definitions found in the supplemental regulations is to refine the existing singular definition for clarity. None of the statements regarding character, incidental use or required .approval by the Commission has been altered. Staff and the Town Attorney have reviewed the combined definition and believe. it to be acceptable. Section 9: Adding clarity to below grade setbacks that ensures a minimum clearance from road rights-of-way and easements is permitted. To be clear, there is currently no minimum setback below grade and what is being proposed is to define a minimum setback where it is necessary. The building code does not require any minimum below grade setback. The provision to allow below grade foundations or projections (i.e. parking structures) does not override the specific language of the below grade stream setback, which only, permits underground utilities in limited instances. Staff does not see a need to require any more restrictive below grade setback to rear onside lot lines or those. property boundaries that do not abut a public right of way. This clarification will benefit the design and building community while at the same time be more protective of existing utility easements and right of ways. Public Benefit Criteria: Though there was little discussion on this criteria outside of the `strikethrough' version that the Planning & Zoning Commission forwarded to you, we would encourage you to have a discussion of the criteria as proposed and consider the following as part, of the discussion: o The new provision, similar to the balance of criteria for zone change review, is not absolute. An application "shall be evaluated" against the criteria. Therefore, an application might be reviewed and evaluated that only meets one of the criteria. Please consider that this criteria is not an absolute determination on any application, but intended to focus a policy discussion on zoning applications. o Is the criteria too broad? If it is made too specific, what is the ramification on the types. of applications it is intended to apply to?. Are there instances where an application, for example, offers cultural benefits without economic benefits that warrants a changed zoning status? Page 2 May 10, 2005 Town Council Meeting Second Reading Ordinance 05-03, Zoning Code Amendments (PUBLIC HEARING) N o Staff and the Town Attorney have recommended striking applicability to variances (Section 3 in the previous version). The Planning Commission recommended striking applicability to the remaining zoning applications (SRU, Rezoning) and limiting the criteria for Planned Unit Development (PUD) review only. Applicability of the criteria should be discussed before adopting this ordinance. Moreover, Ordinance 05-03 proposes to amend the Avon Municipal Code- Title 17 (Zoning) with respect to the following provisions (in order of the proposed Sections): • Section 1: Adding a "public benefit' criterion to all rezoning, special review uses. The criteria is housed with the `zone district amendment' general criteria and referenced by each applicable zoning procedure. The criteria will require all zoning applications to evidence that benefits of a specially conferred right (either a rezoning or a special review use, for instance) will create benefits that are equal to or outweigh any potential adverse impacts to the community. i • Section 2: Amending the PUD approval criteria to reference the public benefit criteria. • Section 3: Amending the special review use approval criteria to reference the public benefit criteria. • Section 4: Repealing the accessory building or accessory use definition from the supplemental regulations and reenacting the, same definition to the definitions section of the Title. • Section 5: Repealing the Building Area Ratio definition from the. supplemental regulations and reenacting the same definition to the definitions section of the Title. • Section 6: Repealing the height provisions definition from the supplemental regulations. Height definitions were refined in 2004 and we failed to delete this redundant supplemental regulation at the time of the last revision. • Section 7: Repealing the setback provision definition from the supplemental regulations. • Section 8:, Readopting the setback provision definition in the Definitions section and adding further clarity for all below grade structure. This is an area that has been ambiguous in interpretation over the years and has caused some confusion. We are proposing that a minimum separation of at least 10 feet from existing public rights of way, a 5 foot allowance for encroachments in side and rear yards while no encroachments into existing easements or the stream setback is permitted. • Section 9: Repealing the "Keeping of House Pets Allowed" definition from the supplemental regulations. Title 6 ("Animals") defines rules and restrictions of Page 3 May 10, 2005 Town Council Meeting Second Reading Ordinance 05-03, Zoning Code Amendments (PUBLIC HEARING) T) house pets and this provision is redundant.. Further, the home office and home occupation standards deal directly with the ability to run a commercial pet operation in residential zone districts. • Section 10: Repealing the "Commercial activity in exclusively residential and mobile home park districts prohibited" definition from the supplemental regulations. The definition is redundant to zone district regulations and definitions and serves no purpose. • Section 11: Repealing the "Burning of exterior open flame flares or fires prohibited" definition from the supplemental regulations. The definition is ,redundant to other regulations (Title 8- Health and Safety) and serves no purpose. • Section 12: Repealing the "Signs" definition from the supplemental regulations. The definition is redundant to other regulations (Chapter 28 of Title 15- Sign Code) and serves no purpose. • Section 13: Repealing the "Miscellaneous provisions" from the supplemental regulations. The provisions cited are redundant to those contained in the Design Review Guidelines and in Title 15 (Outdoor Lighting Standards) and serve no purpose. • Section 14: Repealing,the Snow Storage definition from the supplemental regulations and reenacting the same definition to the definitions section of the Title. The definition is also changed by replacing approval of alternate snow storage (off site or snowmelt) by the Public Works Director,. instead granting authority to the Community Development Department. • Section 15: Repealing the Stream Setback definition from the supplemental regulations and reenacting the same definition to the definitions section of the Title. • Section 16: Repealing the Density Exclusion definition from the supplemental regulations and reenacting the same definition to the definitions section of the Title. Recommendation: Staff has provided the requested amendments ,to both the lot setback provisions and the public benefit criteria, and unless there is further clarification needed on any proposed revision, we would recommend holding the public hearing and adopting Ordinance 05-03 on second reading. Page 4 May 10, 2005 Town Council Meeting Second Reading Ordinance 05-03, Zoning Code Amendments (PUBLIC HEARING) a Alternatives: The following options are available for action on this ordinance after holding the public hearing: - Approve on Second Reading. Deny on Second Reading. Table on Second Reading. Proposed Motion:' " I move to approve Ordinance 05-03 on second reading". Town Manager Comments: Attachments: A. Ordinance 05-03 (Staff Proposed) B. Planning and Zoning Commission Resolution 05-03 & Ordinance 05-03 (Strikethrough) C. Applicable Zoning Code Sections Page 5 May 10, 2005 Town Council Meeting Second Reading Ordinance 05-03, Zoning Code Amendments (PUBLIC HEARING) ORDINANCE NO. 05-03 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO PUBLIC BENEFIT CRITERIA FOR ALL ZONING APPLICATIONS, AND PROVIDING FOR THE REORGANIZATION, REPEAL AND AMENDMENT OF SUPPLEMENTAL ZONING REGULATIONS. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Chapter 28 of Title 17, Avon Municipal Code, is amended by addition of a new Section 17.28.085 to provide as follows: "Zoning applications shall be evaluated for their public benefits with the following specific criteria: (1) The application demonstrates a public purpose which the current zoning entitlements cannot achieve; and (2) Approval of the zoning application provides long term economic, cultural or social long-term community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights; and (3) The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and cultural resources, and increasing the amount of public benefit consistent with the community master plan documents." Section 2. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended by addition of a new subparagraph (12) as follows: "(12) That the PUD or amendment to PUD requested provides evidence of substantial compliance with the public purpose provisions of the Zoning Code as specified in Section 17.28.085" Section 3. Amendment. Section 17.48.040, Chapter 48 of Title 17, Avon Municipal Code, is amended by the addition of a new subsection (4) to provide as follows: "(4) That the granting of the special review use requested provides evidence of substantial compliance with the public purpose provisions of the Zoning Code as specified in Section 17.28.085." . Section 4. Amendment. Section 17.50.010, Chapter 50 of Title 17, Avon Municipal Code, is repealed and reenacted as Section 17.08.040 to provide as follows: "Accessory Building or accessory use means a subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or \If main use, and does not change the basic character thereof as determined by its principal use. Accessory buildings shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupancy. Approval of the Planning and Zoning Commission and a building permit are required. Accessory buildings and uses shall be permitted in every zone district. Section 5. Amendment. Section 17.50.020, Chapter 50 of Title 17, Avon Municipal Code, is repealed and reenacted as Section 17.08.145 to provide as follows: "Building Area Ratio. For the purpose of calculating building area ratio, there shall be included that area within the surrounding exterior walls (measured from their exterior surface) of a building or portion thereof. The building area of a building or portion thereof shall include all exterior walkways, terraces, courts, stairways or other constructed areas under a horizontal projection of a roof or floor above. Garages shall not be included in building area ratio calculations to the extent they do not exceed the following square footage limitations: One-car garage: four hundred (400) square feet maximum Two-car garage: six hundred (600) square feet maximum Garage square footage in excess of these square footages shall be included in building area ratio calculations. Decks which are above grade and are uncovered and which extend out from the enclosed space of the structure shall be included in building area ratio calculations to the extent that fifty percent (50%) of such decks shall be calculated; decks which do not exceed height restrictions established in this zoning code and which are constructed on the roofs.of floors below shall not be included in building area ratio calculations. Crawl spaces without windows, suitable only for storage and not in excess of four (4) feet in height, shall not be included in building area ratio calculations. . Section 6. Repeal. Section 17.50.030, Chapter 50 of Title 17, Avon Municipal Code, is repealed. Section 7. Repeal. Section 17.50.040, Chapter 50 of Title 17, Avon Municipal Code, is repealed. Section 8. Amendment. Section 17.08.480, Chapter 08 of Title 17, Avon Municipal Code is amended to provide as follows: "Lot Setback means the distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures or building on site. No building projections shall be permitted into required lot setback areas, except that there shall be no restriction on walks and steps. Setback areas shall be open from the ground (finished grade) upward. Encroachments may occur below grade for foundations or other building projections, provided the encroachment does not extend more than 10 feet into any front setback and more than 5 feet into any side or rear setback, and that there shall be a minimum separation of at least 10 feet from existing public rights of way. No encroachment into easements or stream setbacks shall be permitted." Section 9. Repeal. Section 17.50.050, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 10. Repeal. Section 17.50.060, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 11. Repeal. Section 17.50.070, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 12. Repeal. Section 17.50.080, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 13. Repeal. Section 17.50.090, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 14. Amendment. Section 17.50.100, Chapter 50 of Title 17, Avon Municipal Code is repealed and reenacted as Section 17.08.755 to provide as follows: "Snow Storage is defined as the. following: Snow storage is required for any property which, when developed, is intended to contain impermeable surface area used for purposes other than aboveground construction, and shall satisfy the following criteria: (1) An area equal to twenty percent (20%) of impermeable surface area upon which aboveground construction does not occur shall be designated as a "snow-storage area" and not developed in a manner inconsistent with such use. Landscaping shall not be considered to be inconsistent with such use. (2) Any designated snow-storage area shall be not less than six (6) feet wide, shall be adjacent to the impermeable surface area from which the snow is to be removed, shall not be included in any parking area required by the minimum parking requirements of the Town and shall be contained in such a manner that runoff is directed through a treatment facility as described in Subsection (3) of this Section, when such treatment facility is required as a part of the drainage plan. (3) Whenever a treatment facility is required to be installed in association with a snow- storage area, the design of the same shall be approved by the Town Engineer as part of the site drainage plan and shall be designed to remove from the runoff petroleum-based liquids and settleable solids. (4) The foregoing requirements for on-site snow-disposal areas may be waived by the reviewing body of the Town upon the demonstration that: 110 a. An appropriate alternative snow-storage site, or on-site snow melt, is available for removal of snow to an offsite location suitable and available for such purpose, meeting with the approval of the Dkee+e~ of Publie `x eriks Community Development Department; and b. Arrangements for the off-site removal have been made in a manner assuring the continuation of such practice throughout the life of the project. Section 15. Amendment. Section 17.50.110, Chapter 50 of Title 17, Avon Municipal Code is repealed and reenacted as Section 17.08.505 to provide as follows: "Lot Setback, Stream is defined as a thirty-foot strip of land measured horizontally from the mean annual flood high-water mark on each side of any live stream located within the boundaries of a proposed subdivision shall be protected in its natural state, with the exception that footpaths, bridges, irrigation structures, flood control and erosion protection devices may be constructed thereon. If such stream is along the outer boundaries of the subdivision, this requirement shall apply to that part of such stream and strip which is within the subdivision. Underground utilities may be located in such protected area; provided that there is no practical alternative location for such utilities, that the plans are approved by the Town Council through its designated representative and that all construction scars are revegetated. Section 16. Repeal. Section 17.50.120, Chapter 50 of Title 17, Avon Municipal Code is repealed and amended as Section 17.08.215 to provide as follows: "Density Exclusion is calculated as follows: (a) Whenever there is proposed for development a tract of land partially under water at any time during the year, there shall be excluded from the calculation in determining allowable density those areas of the development tract under water and up to mean waterline, except where such requirement would prevent construction of a single family residence; and (b) Whenever there is proposed for development a tract of land containing slope in excess of forty percent (40%), there shall be excluded from the calculation in determining allowable density those areas of the development tract in excess of forty- percent slope, except where such requirement would prevent construction of a single family residence. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 26th day of April, 2005, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 10th day of April, 2005, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor 9 C ATTEST: INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the day of , 2005. ATTEST: Ronald C. Wolfe, Mayor Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney FACounci1\0rdinances\2005\0rd 05-03 AMC 17 Revisions.doc ~O TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 05-03 SERIES OF 2005 A RESOLUTION RECOMMENDING APPROVAL TO THE TOWN COUNCIL OF AMENDMENTS TO TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO PUBLIC BENEFIT CRITERIA FOR ALL ZONING APPLICATIONS AND PROVIDING FOR THE REORGANIZATION, REPEAL AND AMENDMENT TO THE SUPPLEMENTAL ZONING REGULATIONS WHEREAS, Title 17 of The Avon Municipal Code requires review and revision on a periodic basis in order to continue to serve the public interest; and WHEREAS, the Planning and Zoning Commission have reviewed the Wached revisions ("Exhibit A°') to Resolution 05-03 Series of 2005, and held a public h-raring 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 05-03 Series of 2005 in order to amend the existing Avon Municipal Code as adopted. ADOPTED THIS 5th DAY OF APRIL, 2005 Signe • Date: Chris Evans, Chair Attest: s d4X Date: ~ Terry Smith, Lary Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Tambi Katieb, Community Development Direct Date: April 19, 2005 Re: First Reading of Ordinance 05-03, amendments to Avon Municipal Code- Title 17 (Zoning) i Summary: Attached to this memo is an ordinance being forwarded to you for review, discussion, and approval on first reading that proposes amendments to the Town Zoning Code. The changes presented in this Ordinance are the result of several discussions at a staff level about outdated, obsolete or unclear zoning regulations. One particular proposed amendment- the addition of "public benefit' criterion for zoning applications- is largely the result of discussion with both . Planning and Zoning Commission and Town Council over several complex zoning application deliberations over the last several years. The proposed amendments have been reviewed by the Community Development Subcommittee, which includes Councilors Ferraro and Sipes as well as the Planning Commission Chairman Chris Evans. At their April 5t', 2005 meeting, The Planning and Zoning Commission recommended approval of these amendments through Resolution 05-03 subject to the modifications as outlined in the strikethrough version of Ordinance 05-03, which is attached for your review. Discussion: At your first reading on April 12, 2005, Council requested clarification on several aspects of the revision. Staff is providing you with a review and discussion of those items as follows: - Section 5: Repealing and reenacting the "Accessory Building" and "Accessory Use" definitions. There was some question as to whether the definitions should remain separate and distinct. The definition is already combined in the Zoning Code Definition section as "Accessory building or use" (17.08.040), and the intention of deleting the 'two separate definitions found in the supplemental regulations is to refine the existing singular definition for clarity. None of the statements regarding character, incidental use. or required approval by the Commission has been altered. Staff and the Town Attorney have reviewed the combined definition and believe it.to be acceptable. Section 9: Adding clarity to below grade setbacks that ensures a minimum clearance from road rights-of-way and easements is permitted. To be clear, there is currently no minimum setback below grade and what is being proposed is to define a minimum setback where it is necessary. The building code does not require any minimum below grade setback. The provision to allow below grade foundations or projections (i.e. parking structures) does not override the specific language of the below grade stream setback, which only permits underground utilities,in limited instances. Staff does not see a need. to require any more restrictive below grade setback to rear or side lot lines or those property boundaries that do not abut a public right of way. This clarification will benefit the design and building community while at the same time be more protective of existing utility easements and right of ways. Public Benefit Criteria: Though there was little discussion on this criteria outside of the 'strikethrough' version that the Planning & Zoning Commission forwarded to you, we would encourage you to have a discussion of the criteria as proposed and consider the following as part of the discussion: o The new provision, similar to the balance of criteria for zone change review, is not absolute. An application "shall be evaluated" against the criteria. Therefore, an application might be reviewed and evaluated that only meets one of the criteria. Please consider that this criteria is not an absolute determination on any application, but intended to focus a policy discussion on zoning applications. o Is the criteria too broad? If it is made too specific, what is the ramification on the types of applications it is intended to apply to? Are there instances where an application, for example, offers cultural benefits without economic benefits that warrants a changed zoning statu'0 o Staff and the ,Town Attorney have recommended striking applicability to variances (Section 3 in the previous version). The Planning Commission recommended striking applicability to the remaining zoning applications (SRU, Rezoning) and limiting the criteria for Planned Unit Development (PUD) review only. Applicability of the criteria should be discussed before adopting this ordinance. • Page 2 April 26, 2005 Town Council Meeting First Reading Ordinance 05-03, Zoning Code Amendments Moreover, Ordinance 05-03 proposes to amend the Avon Municipal Code- Title 17 (Zoning) with respect to the following provisions (in order of the proposed Sections): • Section 1: Adding a "public benefit' criterion to all rezoning, special review uses and variances. The criteria is housed with the `zone district amendment' general criteria and referenced by each applicable zoning procedure. The criteria will require all zoning applications to evidence that benefits of a specially conferred right (either a rezoning or a special review use, for instance) will create benefits that are equal to or outweigh any potential adverse impacts to the community. • Section 2: Amending the PUD approval criteria to reference the public benefit criteria. • Section 3: Amending the special review use approval criteria to reference the public benefit criteria. • Section 4: Repealing the accessory building or accessory use definition from the supplemental regulations-and reenacting the same definition to the definitions section of the Title. • Section 5: Repealing the Building Area Ratio definition from the supplemental regulations and reenacting the same definition to the definitions section of the Title. • Section 6: Repealing the height provisions definition from the supplemental regulations. Height definitions were refined in 2004 and we failed to delete this redundant supplemental regulation at the time of the last revision. • Section 7: Repealing the setback provision definition from the supplemental regulations. • Section 8: Readopting the setback provision definition in the Definitions section and adding further clarity for all below grade structure. This is an area that has been ambiguous in interpretation over the years and has caused some confusion. We are still proposing that a minimum separation of at least 10 feet from existing public rights of way and no encroachments into existing easements (for example, if an easement is greater than 10 feet in depth) is permitted. • Section 9: Repealing the "Keeping of House Pets Allowed" definition from the supplemental regulations. Title 6 ("Animals") defines rules and restrictions of house pets and this, provision is redundant. Further, the home office and home occupation standards deal directly with the ability to run a commercial pet operation in residential zone districts. • Section 10: Repealing the "Commercial activity in exclusively residential and mobile home park districts prohibited" definition from the supplemental 0 Page 3 April 26, 2005 Town Council Meeting First Reading Ordinance 05-03, Zoning Code Amendments regulations. The definition is redundant to zone district regulations and definitions and serves no purpose. • Section 11: Repealing the "Burning of exterior open flame flares or fires prohibited" definition from the supplemental regulations. The definition is redundant to other regulations (Title 8- Health and Safety) and serves no purpose. • Section 12: Repealing the "Signs" definition from the supplemental regulations. The definition is redundant to other regulations (Chapter 28 of Title 15- Sign Code) and serves no purpose., • Section 13: Repealing the. "Miscellaneous provisions" from the supplemental regulations. The provisions cited are redundant to those contained in the Design Review Guidelines and in Title 15 (Outdoor Lighting Standards) and serve no purpose. • Section 14: Repealing the, Snow Storage definition from the supplemental regulations and reenacting the same definition to the definitions section of the Title. The definition is also changed by replacing approval of alternate snow storage (off site or snowmelt) by the Public Works Director, instead granting authority to the Community Development Department. • Section 15: Repealing the Stream Setback definition from the supplemental regulations and reenacting the same definition to the definitions section of the Title: • Section 16: Repealing the Density Exclusion definition from the supplemental regulations and reenacting the same definition to the definitions section of the Title. Recommendation:.. In anticipation of several major zoning applications we are particularly interested in adopting the public benefit criteria in a timely manner if it still meets the intent of Council policy discussion and-deliberation that has been had over the last several years. We would like your feedback and any proposed changes to the Ordinance on first reading, in order to finally adopt this set.of Zoning Code revisions at your May 10th 2005 meeting on second reading. We recommend that you deliberate on the proposed revisions, providing staff with any recommended changes while still moving the process forward on first reading. The public hearing for this Ordinance will be held on May 10, 2005. 0 Page 4 April 26, 2005 Town Council Meeting First Reading Ordinance 05-03, Zoning Code Amendments Alternatives: The following options are available for action on this ordinance: - Approve on First Reading,. setting the Second Reading and public hearing date to May 10, 2005. - Deny on First Reading. - Table on First Reading. Proposed Motion: " I move to approve Ordinance 05-03 on first reading, establishing May 10, 2005 as the Public Hearing and Second Reading." Town Manager Comments: Attachments: A. Ordinance 05-03 (Staff Proposed) B. Planning and Zoning Commission Resolution 05-03 & Ordinance 05-03 (Strikethrough) C. Applicable Zoning Code Sections • Page 5 April 26, 2005 Town Council Meeting First Reading Ordinance 05-03,;Zoning Code Amendments ORDINANCE NO. 05-03 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO PUBLIC BENEFIT CRITERIA FOR ALL ZONING APPLICATIONS,' AND PROVIDING FOR THE REORGANIZATION, REPEAL AND AMENDMENT OF SUPPLEMENTAL ZONING REGULATIONS. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Chapter 28 of Title 17, Avon Municipal Code, is amended by addition of a new Section 17.28.085 to provide as follows: "Zoning applications shall be evaluated for their public benefits with the following specific criteria: (1) The application demonstrates a public purpose which the current zoning entitlements cannot achieve; and (2) Approval of the zoning application provides economic, cultural or social long-term community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights; and (3) The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and cultural resources, and increasing the amount of public benefit consistent with the community master plan documents." Section 2. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended by addition of a new subparagraph (12) as follows: "(12) That the PUD or amendment to PUD requested provides evidence of substantial compliance with the public purpose provisions of the Zoning Code as specified in Section 17.28.085" Section 3. Amendment. Section 17.48.040, Chapter 48 of Title 17, Avon Municipal Code, is amended by the addition of a new subsection (4) to provide as follows: "(4) That the granting of the special review use requested provides evidence of substantial compliance with the public purpose provisions of the Zoning Code as specified in Section 17.28.085." Section 4. Amendment. Section 17.50.010, Chapter 50 of Title 17, Avon Municipal Code, is repealed and reenacted as Section 17.08.040 to provide as follows: "Accessory Building or accessory use means a subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, and does not change the basic character thereof as determined by its principal use. Accessory buildings shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupancy. Approval of the Planning and Zoning Commission and a building permit are required. Accessory buildings and uses shall be permitted in every zone district. Section 5. Amendment. Section 17.50.020, Chapter 50 of Title 17, Avon Municipal Code, is repealed and reenacted as Section 17.08.145 to provide as follows: "Building Area Ratio. For the purpose of calculating building area ratio, there shall be included that area within the surrounding exterior walls (measured from their exterior surface) of a building or portion thereof. The building area of a building or portion thereof shall include all exterior walkways, terraces, courts, stairways or other constructed areas under a horizontal projection of a roof or floor above. Garages shall not be included in building area ratio calculations to the extent they do not exceed the following square footage limitations: One-car garage: four hundred (400) square feet maximum Two-car garage: six hundred (600) square feet maximum Garage square footage in excess of these square footages shall be included in building area ratio calculations. Decks which are above grade and are uncovered and which extend out from the enclosed space of the structure shall be included in building area ratio calculations to the extent that fifty percent (50%) of such decks shall be calculated; decks which do not exceed height restrictions established in this zoning code and which are constructed on the roofs of floors below shall not be included in building area ratio calculations. Crawl spaces without windows, suitable only for storage and not in excess of four (4) feet in height, shall not be included in building area ratio calculations. Section 6. Repeal. Section 17.50.030, Chapter 50 of Title 17, Avon Municipal Code, is repealed. Section 7. Repeal. Section 17.50.040, Chapter 50 of Title 17, Avon Municipal Code, is repealed. Section 8. Amendment. Section 17.08.480, Chapter 08 of Title 17, Avon Municipal Code is amended to provide as follows: "Lot Setback means the distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures or building on site. No building projections shall be permitted into required lot setback areas, except that there shall be no restriction on walks and steps. Setback areas shall be open from the ground (finished grade) upward. Encroachments may occur below grade for foundations or other building projections, provided however that there shall be a minimum separation of at least 10 feet from existing public rights of way.and no encroachment into easements shall be permitted." Section 9. Repeal. Section 17.50.050, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 10. Repeal. Section 17.50.060, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 11. Repeal. Section 17.50.070, Chapter 50'of Title 17, Avon Municipal Code is repealed. Section 12. Repeal. Section 17.50.080, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 13. Repeal. Section 17.50.090, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 14. Amendment. Section 17.50.100, Chapter 50 of Title 17, Avon Municipal Code is repealed and reenacted as Section 17.08.755 to provide as follows: "Snow Storage is defined as the following: Snow storage is required. for any property which, when developed, is intended to contain impermeable surface area used for purposes other than aboveground construction, and shall satisfy the following criteria: (1) An area equal to twenty percent (20%) of impermeable surface area upon which aboveground construction does not occur shall be designated as a "snow-storage, area" and not developed in a manner inconsistent with such use. Landscaping shall not be considered to be inconsistent with such use. (2) Any designated snow-storage area shall be not less than six (6) feet wide, shall be adjacent to the impermeable. surface area from which the snow is to be removed, shall not. be included in any parking area required by the minimum parking requirements of the Town and shall be contained in such a manner that runoff is directed through a treatment facility as described in Subsection (3) of this Section, when such treatment facility is required as a part of the drainage plan.. . (3) Whenever a treatment facility is required to be installed in association with a snow- storage area, the design of the same shall be approved by the Town Engineer as part of the site drainage plan and shall be designed to remove from the runoff petroleum-based liquids and settleable solids. (4) The foregoing requirements for on-site snow-disposal. areas may be waived by the reviewing body of the Town upon the demonstration that: a. An appropriate alternative snow-storage site, or on-site snow melt, is available for removal of snow to an offsite location suitable and available for such purpose, meeting with the approval of the nir°e+e~ of Publ e ` erik° Community Development Department; and b. Arrangements for the off-site removal have been made in a manner assuring the continuation of such practice throughout the life of the project. Section 15. Amendment. Section 17.50.110, Chapter 50 of Title 17, Avon Municipal Code is repealed and reenacted as Section 17.08.505 to provide as follows: "Lot Setback, Stream is defined as a thirty-foot strip of land measured horizontally from the mean annual flood high-water mark on each side of any live stream located within the boundaries of a proposed subdivision shall be protected in its natural state, with the exception that footpaths, bridges, irrigation structures, flood control and erosion protection devices may be constructed thereon. If such stream is along the outer boundaries of the subdivision, this requirement shall apply to that part of such stream and strip which is within the subdivision. Underground utilities may be located in such protected area; provided that there is no practical alternative location for such utilities, that the plans are approved by the Town Council through its designated representative and that all construction scars are revegetated. Section 16. Repeal. Section 17.50.120, Chapter 50 of Title 17, Avon Municipal Code is repealed and amended as Section 17.08.215 to provide as follows: "Density Exclusion is calculated as follows: (a) Whenever there is proposed for development a tract of land partially under water at any time during the year, there shall be excluded from the calculation in determining allowable density those areas of the development tract under water and up to mean waterline, except where such requirement would prevent construction of a single family residence; and (b) Whenever there is proposed for development a tract of land containing slope in excess of forty percent (40%), there shall be excluded from the calculation in determining allowable density those areas of the development tract in excess of forty- percent slope, except where such requirement would prevent construction of a single family residence. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 26th day of April, 2005, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 10th day of April, 2005, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the day of '2005. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney FACounci1\0rdinances\2005\0rd 05-03 AMC 17 Revisions.doc TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 05-03 SERIES OF 2005 A RESOLUTION RECOMMENDING APPROVAL TO THE TOWN COUNCIL OF AMENDMENTS TO TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO PUBLIC BENEFIT CRITERIA FOR ALL ZONING APPLICATIONS AND PROVIDING FOR THE REORGANIZATION, REPEAL AND AMENDMENT TO THE SUPPLEMENTAL ZONING REGULATIONS WHEREAS, Title 17 of The Avon Municipal Code requires review and revision on a periodic basis in order to continue to serve the public interest; and WHEREAS, the Planning and Zoning Commission have reviewed the'atPached revisions ("Exhibit A") to Resolution 05-03 Series of 2005, and held a public hsaring 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 05-03 Series of 2005 in order to amend the existing Avon Municipal Code as adopted. ADOPTED THIS 5th DAY OF APRIL, 2005 Signe Date: S~6 Chris Evans, Chair Attest: i Date: y~ S Terry Smith, cr tary FAPlanning & Zoning Cornmission\Reso1utions\2005\Res 05-03 Zoning Text Amendmeift.doc n ORDINANCE NO. 05-03 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO PUBLIC BENEFIT CRITERIA FOR ALL.ZONING APPLICATIONS, AND PROVIDING FOR THE REORGANIZATION, REPEAL AND AMENDMENT OF SUPPLEMENTAL ZONING REGULATIONS. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Chapter 28 of Title 17, Avon Municipal Code, is amended by addition of a new section 17.28.085 to provide as follows: "All rezoning, Planned Unit Development (PUD) applications shall be evaluated for their public benefits with the following specific criteria: (1) The application demonstrates a public purpose which the current zoning entitlements cannot achieve; and (2) Approval of the zoning application provides economic, cultural or social long-term community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights; and (3) The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and cultural resources, and increasing the amount of public benefit consistent with the community master plan documents." Section 2. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended by addition of a new subparagraph (12) as follows: "(12) That the PUD or amendment to PUD requested provides evidence of substantial compliance with the public purpose provisions of the Zoning Code as specified in Section 17.28.085" Seetion 3. Amendment. Seetien 17.36.050, Chapter- 36 of Title 17, Aven Mtmieipal Code, is amended by the additien of a new subseetien (3) to pr-eyide as follows- substantial eemplian ee with the publie p siens of the Zoning Seetien 4. Amendment. Seetion 17.48.040, Chapter- 48 ef Title 17, Avon Mtmieipal Code, is amended by the additien of a new subseetien (4) to provide as fellews- " 4 t th Th h l - vides , , e ted r- i i f ( ) e gr- a t e spee , qu s p e a ant ng o substantial eem plianee with the publie pur-P is of the Zening Cede as Section 5. Amendment. Section 17.50.010, Chapter 50 of Title 17, Avon Municipal Code, is repealed and reenacted as Section 17.08.040 to provide as follows: "Accessory Building or accessory use means a subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, and does not change the basic character thereof as determined by its principal use. Accessory buildings shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupancy. Approval of the Planning and Zoning Commission and a building permit are required. Accessory buildings.and uses shall be permitted in every zone district. Section 6. Amendment. Section 17.50.020, Chapter 50 of Title 17, Avon Municipal Code, is repealed and reenacted as Section 17.08.145 to provide as follows: "Building Area Ratio. For the purpose of calculating building area ratio, there shall be included that area within the surrounding exterior walls (measured from their exterior surface) of a building or portion thereof. The building area of a building or portion thereof shall include all exterior walkways, terraces, courts, stairways or other constructed areas under a horizontal projection of a roof or floor above. Garages shall not be included in building area ratio calculations to the extent they do not exceed the following square footage limitations: One-car garage: four.hundred (400) square feet maximum Two-car garage: six hundred (600) square feet maximum Garage square footage in excess of these square footages shall be included in building area ratio calculations. Decks which are above grade and are uncovered and which extend out from the enclosed space of the structure shall be included in building area ratio calculations to the extent that fifty percent (50%) of such decks shall be calculated; decks which do not exceed height restrictions established in this zoning code and which are constructed on the roofs of floors below shall not be included in building area ratio calculations. Crawl spaces without windows, suitable only for storage and not in excess of four (4) feet in height, shall not be included in building area ratio calculations. Section 7. Repeal. Section 17.50.030, Chapter 50 of Title. 17, Avon Municipal Code, is repealed. Section 8. Repeal. Section 17.50.040, Chapter 50 of Title 17, Avon Municipal Code, is repealed. Section 9. Amendment. Section 17.08.040, Chapter 08 of Title 17, Avon Municipal Code is amended to provide as follows: "Lot Setback means the distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures or building on site. No building projections shall be permitted into required lot setback areas, except that there shall be no restriction on walks and steps.. Setback areas shall be open from the ground (finished grade) upward. Encroachments may occur below grade for foundations or other building projections, provided however that there shall be a minimum separation of at least 10 feet from existing public rights of way and no encroachment into easements shall be permitted." Section 10. Repeal. Section 17.50.050, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 11. Repeal. Section 17.50.060, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 12. Repeal. Section 17.50.070, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 13. Repeal. Section 17.50.080, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 14. Repeal. Section. 17.50.090, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 15. Amendment. Section 17.50.100, Chapter 50 of Title 17, Avon Municipal Code is repealed and reenacted as Section 17.08.755 to provide as follows: "Snow Storage is defined as the following: Snow storage is required for any property which, when developed, is intended to contain impermeable surface area used for purposes other than aboveground construction, and shall satisfy the following criteria: (1) An area equal to twenty percent, (20%) of impermeable surface area upon which aboveground construction does not occur shall be designated as a "snow-storage area" -and not developed in a manner inconsistent with such use. Landscaping shall not be considered to be inconsistent with such use. (2) Any designated snow-storage area shall be not less than six (6) feet wide, shall be . adjacent to the impermeable surface area from which the snow is to be removed, shall not- be included in any parking area required by the minimum parking requirements of the Town and shall be contained in such a manner that runoff is directed through a treatment facility as described in Subsection (3) of this Section, when such treatment facility is required as a part of the drainage plan. (3) Whenever a treatment facility is required to be installed in association with a snow- storage area, the design of the same shall be approved by the Town Engineer as part of the site drainage plan and shall be designed to remove from the runoff petroleum-based liquids and settleable solids. (4) The foregoing requirements for on-site snow-disposal areas may be waived by the reviewing body of the Town upon the demonstration that: a. An appropriate alternative snow-storage site, or on-site snow melt, is available for removal of snow to an offsite location suitable and available for such purpose, meeting with the approval of the Dir-ee+e~ of D• blie Wer- k& Community Development Department; and b. Arrangements for the off-site removal have been made in a manner assuring the continuation of such practice throughout the life of the project. Section 16. Amendment. Section 17.50.110, Chapter 50 of Title 17, Avon Municipal Code is repealed and reenacted as Section 17.08.505 to provide as follows: "Lot Setback, Stream is defined as a thirty-foot strip of land measured horizontally from the mean annual flood high-water mark on each side of any live stream located within the boundaries of a proposed subdivision shall be protected in its natural state, with the exception that footpaths, bridges, irrigation structures, flood control and erosion protection devices may be constructed thereon. If such stream is along the outer boundaries of the subdivision, this requirement shall apply to that part of such stream and strip which is within the subdivision. Underground utilities may be located in such protected area; provided that there is no practical alternative location for such utilities, that the plans are approved by the Town Council through its designated representative and that all construction scars are revegetated. Section 17. Repeal. Section 17.50.120, Chapter 50 of Title 17, Avon Municipal Code is repealed and amended as Section 17.08.215 to provide as follows: "Density Exclusion is calculated as follows: (a) Whenever there is proposed for development a tract of land partially under water at any time during the year, there shall be excluded from the calculation in determining allowable density those areas of the development tract under water and up to mean waterline, except where such requirement would prevent construction of a single family residence; and (b) Whenever there is proposed for development a tract of land containing slope in excess of forty percent (40%), there shall be excluded from the calculation in determining allowable density those areas of the development tract in excess of forty- percent slope, except where such requirement would prevent construction of a single family residence. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 12th day of April, 2005, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 26th day of April, 2005, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the day of , 2005. Ronald C.' Wolfe, Mayor ATTEST: f Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney FACounci1\0rdinances\2005\0rd 05-03 AMC 17 Revisions.doc