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TC Ord. No. 2010-14 Amending the Avon Muni Code By enacting Title 7 Dev Code & repealing Title 16; subdiv repealing title 17 zoning;repealing portions of title 2 admin & personnelTOWN OF AVON, COLORADO ORDINANCE NO. 10 -14 SERIES OF 2010 AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY ENACTING TITLE 7: THE AVON DEVELOPMENT CODE; REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE 17: ZONING; AND, REPEALING PORTIONS OF TITLE 2: ADMINISTRATION AND PERSONNEL WHEREAS, the authority for the Town of Avon ( "Town') to adopt regulations concerning the use, subdivision and development of real property is provided by Article XX of the Colorado Constitution and the Town of Avon home rule charter; Article 65.1 Areas and Activities of State and Local Interest, Article 65.5 Notification of Surface Development, Article 67 Planned Unit Development Act of 1972, and Article 68 Vested Property Rights of Title 24, Colorado Revised Statutes; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised Statutes; and Article 12 Annexation — Consolidation — Disconnection, Article 15 Exercise of Municipal Powers, Article 16 Ordinances — Penalties, Article 20 Taxation and Finance, Article 23 Planning and Zoning, and Article 25 Public Improvements of Title 31, Colorado Revised Statutes; and other applicable state and federal laws and regulation; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code and after providing proper notice, the Avon Planning and Zoning Commission held public hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public comments received and testimony and materials provided by Town Staff provided a recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and 17.28.090 of the Avon Municipal Code; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code and after providing proper notice, the Avon Town Council held public hearings on July 27, 2010; August 10, 2010; August 17, 2010; August 24, 2010; August 31, 2010; September 28, 2010; October 12, 2010; and October 26, 2010, and considered all public comments received and all testimony and materials provided by Town Staff prior to making a decision; and WHEREAS, the Town Council finds that the adoption of the Avon Development Code will implement the Avon Comprehensive Plan, including all related plans and amendments thereto, and will thereby promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute Ord 10-14 Adopting Avon Development Code 11 -09 -10 ejh Page 1 of 4 a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repealed. The following portions of the Avon Municipal Code are hereby repealed in their entirety: Chapter 2.16 Planning and Zoning Commission; Chapter 2.20 Board of Building Appeals; Title 16: Subdivisions and Title 17: Zoning. Section 3. Enacted. Title 7: Avon Development Code, attached to this Ordinance as Exhibit A is hereby enacted. Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh Page 2 of 4 Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [signature page follows] Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh Page 3 of 4 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for October 26, 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on October 12, 2010. IA0F "0 ri Sipes, Mayor Pro -Tem Published b osn 1 ee public places in Town and posting at the office of the Town Clerk at least von days prioi t al action by the Town Council. ORA`J� �_ ATTEST: APPROVED AS TO FORM: PaYN,lv enny, Town Eric He ',Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on November 9, 2010. Cj�_i L Ronald C. Wolfe, M ayor Published y-tit 'in at least three public places in Town and posting by title at the office of t Ord 10-14 Adopting Avon Development Code 11 -09 -10 ejh Page 4 of 4 HEIL LAW & PLANNING, LLC • MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: November 4, 2010 SUBJECT: 2 "d and Final Reading of Ord. No. 10 -14 Adopting the Avon Development Code Summary: Town Council provided direction on a number of revisions to the Avon Development Code at the last Town Council meeting. The revisions are been re- printed in comparison form to the code sections which they are amending for your convenience. The Avon Town Council closed the public hearing on October 26, 2010 and did not take any action to continue the public hearing to the November 9, 2010 Town Council meeting. Therefore, if the Town Council desired to consider and accept more public comments, technically the Town should re- notice a public hearing before the Town Council. • Proposed Motion: "I move to approve Ordinance No. 10 -14 AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY ENACTING TITLE 7: THE AVON DEVELOPMENT CODE; REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE 17: ZONING; AND, REPEALING PORTIONS OF TITLE 2: ADMINISTRATION AND PERSONNEL on second and final reading with the revisions listed in Eric Heil's memorandum dated November 4, 2010." Revisions: The proposed revisions are attached to this memorandum as Appendix A to Eric Heil Memorandum, dated November 4, 2010 Revisions to Avon Development Code. Thanks, Eric Heil law & Planning, LLC Eric Heil, Esq., A,I.C.P. 2696 S. Colorado Blvd., Suite 550 Tel: 303.975.6120 Denver, CO 80222 ericheillow@gmail.com Appendix A to Eric Heil Memorandum, dated November 4, 2010 Revisions to Avon Development Code • Page 1 of 5 Section 7.08 (Page 23) Basement means that � tnaeti•- mnruica- yr -il�sraccare- FfFli2f2h2- flee fco eeiling height - c3��rr�cf 0 more than four- (4) feet above the pro existing gr-ade. These areas beneath a basement shall be designated subbas°ments.the definition of Basement as set forth in the most recent version of the International Building Code adopted by the Town. Section 7.16.060 (Page 61 -62) (a) Eligibility Criteria: All of the following criteria must be met for a property to be eligible to apply for PUD approval. (1) Property Eligible. All properties within the Town of Avon are eligible to apply for PUD approval. (2) Consistency with Comprehensive Plan. The proposed development shall be consistent with the Avon Comprehensive Plan. (3) Consistent with PUD Intent. The proposed development shall be • consistent with the intent and spirit of the PUD purpose statement in §7.16.060(a). (4) Compatibility with Existing Uses. The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in the Development Code or planned for in the Avon Comprehensive Plan. (5)Unified COR401. The eatir-e single owner-ship of: tmified area the development be of proposed shall unde that there is having eentral, responsibility for- reA eting the entire stieh a single entity pr-ejeet. Th s 11 + prohibit transfer- of owner-ship or- eeatFel, that a unified owner-ship r-etn * pr-evided (6)jfLPublic Benefit. A recognizable and material benefit will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be infeasible or unlikely. {73J�LPreservation of Site Features. Long -term conservation of natural, historical, architectural, or other significant features or open space will be achieved, where such features would otherwise be destroyed or degraded by development as permitted by the underlying zoning district. (8)JZLSufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with all applicable regulations of the Development Code, to is Appendix A to Eric Heil Memorandum, dated November 4, 2010 is Revisions to Avon Development Code Page 2 of 5 • • adequately serve the needs of all permitted uses in the PUD projects, and to ensure compatibility between uses and the surrounding neighborhood. Section 7.20.100 (Page 96 -97) 7.20.010 Employee Housing Mitigation. (a) When applicable, employee housing mitigation shall be provided in accordance with these standards: (1) To determine the number of employee housing units that must be provided, the following formula shall be used: Commercial Factor Calculation Size of Development Leasable Square Feet Jobs generated 2.8 per 1,000 SF Rate x SF /1,000 Employees generated 1.2 jobs per employee Jobs generated / 1.2 Households generated 1.8 employees per unit Employees generated / 1.8 Units required ° 10 /o mitigation Households generated x 10% Lodging and Property Management Size of development # of Rooms or # of Units Jobs generated Lodge/Hotel — 0.8/Room; Prop. Management — 0.4/Unit # of rooms x 0.8 # of units x 0.4 Employees generated 1.2 jobs per employee Jobs generated / 1.2 Households generated 1.8 employees per unit Employees generated / 1.8 Units required 10% mitigation Households generated x 10% Note: The required employee housing mitigation shall be rounded to the nearest whole number Appendix A to Eric Heil Memorandum, dated November 4, 2010 Revisions to Avon Development Code • Page 3 of 5 (2) Employee housing units shall be located on -site. The applicant may propose alternatives to on -site employee housing mitigation in accordance with the alternative equivalent compliance process set forth in §7.16.120. When considering proposals for off -site employee housing, preference shall be given to locations closer to the applicant's property, locations in the Town of Avon, and locations which are served by mass transit. (3) Employee housing units shall be owned by the owner of the commercial space for which the employee housing units serve and shall be used exclusively by employees of such commercial space; or, employee housing units shall be offered for sale subject to a deed restriction that restricts the appreciation of price and which restricts eligible buyers and renters in accordance with the form of price controlled housing deed restriction adopted by the Town of Avon. Applicants may voluntarily propose to meet the employee housing units with rent controlled units through the alternative equivalent compliance process. 4) Employee housing mitigation shall be satisfied by Drovidina one residential studio unit, one (1) bedroom in a residential unit or any combination thereof, for each required employee housing unit of mitigation The minimum size for a studio unit shall be five hundred (500) square feet and the minimum size for a • one (1) bedroom residential unit shall be seven hundred and fifty (750) square feet Section 7.28.030(d)(9)(iii) (Page 130) (iii) The driveway shall be oriented perpendicular (not to exceed an 11 degree deflection) to the roadway for the first twenty (20) feet measured from the edge of asphalt of the adjoining street. The driveway shall be oriented between forty-five (45) and one - hundred and thirty -five (135) degrees crossing through any remaining ROW and snow storage easement. Centerline tangent points shall be used for determining access orientation on curves. Section 7.28.050(h)(1)(iii) (Page 142) (iii) All native landscaping, dead @r a4ve, shall be kept in its native state unless the Dir- eta its al Section 7.28.090(a)(9) (Page 150) (8) To ensure that the architectural design of structures and their materials and colors are compatible with the Town's overall appearance, surrounding development, natural and existing landforms, and the officially approved development plans, if any, for the areas in which the structures are proposed to be located. • Appendix A to Eric Heil Memorandum, dated November 4, 2010 • Revisions to Avon Development Code Page 4 of 5 Section 7.28.090(c)(2)(v) (Page 151) (v) Buildings shall be oriented to optimize solar access and -e* pest e . Section 7.28.090(d)(4) (Page 153) (4) Materials and Colors. The eentfastbetweeibuldings and the earir-enment- shall - be fniainized —A building's color and materials shall complement and blend with the predominant colors and values of the surrounding natural environment. Section 7.28.0900)(4)(vii)(D) (Page 163) (D) The primary access to Retail retail spaces on Benchmark Road, Main Street, and W. Beaver Creek Boulevard; shall be aeeessed dir-eed -)4-from the sidewalk, . • Section 7.28.0900)(4)(vii)(H) (Page 163) (H) Public doors and entryways shall be a combination of glass and metal or wood, or solid wood. All ..lass o all metal doors are prohibited. Section 7.28.0900)(4)(viii)(B) (Page 164) (B) Masonry and stone veneer. Masonry and stone veneer walls should be detailed as masonry bearing walls, especially at corners and windows and door openings . --Bnek and out stone- should - -- - - -- --- -- -- - -L, -- — ...r r_.v .. ua...s, or- towers. Roughly squared stene set in — ... V. Vaaavi.aV JMVLl — V1111 —WTO a r-andem pattem is preferable to ffi-ifflr-e f-offmal uses of stone. in lar-gewalls, be larger- at the bettein diminishing to stone shall set with stene stones at the + g.,,.1ly smaller- Section 7.28.0900)(4)(ix)(H)(1) (1) Wind aws--Openings shall be speei€eally designed to contribute to the image and form of new buildings. • Section 7.28.0900)(4)(ix)(H)(3) Appendix A to Eric Heil Memorandum, dated November 4, 2010 Revisions to Avon Development Code • Page 5 of 5 (3) Upper floors shall be differentiated through the use of more solid areas then voids and with smaller vertically oriented windows in a regular pattern. Windows should eeuri i�e twenty five to fifty o ent (25 500; ) of upper- f ades visible f rOS publie. rights ofway d - reflect a rhythm, scale and proportion compatible with the overall building design. • • • TOWN OF AVON, COLORADO ORDINANCE NO. 10 -14 SERIES OF 2010 AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY ENACTING TITLE 7: THE AVON DEVELOPMENT CODE; REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE 17: ZONING; AND, REPEALING PORTIONS OF TITLE 2: ADMINISTRATION AND PERSONNEL WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the use, subdivision and development of real property is provided by Article XX of the Colorado Constitution and the Town of Avon home rule charter; Article 65.1 Areas and Activities of State and Local Interest, Article 65.5 Notification of Surface Development, Article 67 Planned Unit Development Act of 1972, and Article 68 Vested Property Rights of Title 24, Colorado Revised Statutes; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised Statutes; and Article 12 Annexation — Consolidation — Disconnection, Article 15 Exercise of Municipal Powers, Article 16 Ordinances — Penalties, Article 20 Taxation and Finance, Article 23 Planning and Zoning, and Article 25 Public Improvements of Title 31, Colorado Revised Statutes; and other applicable state and federal laws and regulation; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal • Code and after providing proper notice, the Avon Planning and Zoning Commission held public hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public comments received and testimony and materials provided by Town Staff provided a recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and 17.28.090 of the Avon Municipal Code; and • WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code and after providing proper notice, the Avon Town Council held public hearings on July 27, 2010; August 10, 2010; August 17, 2010; August 24, 2010; August 31, 2010; September 28, 2010; October 12, 2010; and October 26, 2010, and considered all public comments received and all testimony and materials provided by Town Staff prior to making a decision; and WHEREAS, the Town Council finds that the adoption of the Avon Development Code will implement the Avon Comprehensive Plan, including all related plans and amendments thereto, and will thereby promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh Page 1 of 4 a representation that the Town Council, or any member of the Town Council, supports, approves, • rejects, or denies this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repealed. The following portions of the Avon Municipal Code are hereby repealed in their entirety: Chapter 2.16 Planning and Zoning Commission; Chapter 2.20 Board of Building Appeals; Title 16: Subdivisions and Title 17: Zoning. Section 3. Enacted. Title 7: Avon Development Code, attached to this Ordinance as Exhibit A is hereby enacted. Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. • Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safetv Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. is Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh Page 2 of 4 • Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. • • Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [signature page follows] Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh Page 3 of 4 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED • AND REFERRED TO PUBLIC HEARING and setting such public hearing for October 26, 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on October 12, 2010. Brian Sipes, Mayor Pro -Tem Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on November 9, 2010. • Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk U Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh Page 4 of 4 TOWN OF AVON, COLORADO ORDINANCE NO. 10 -14 SERIES OF 2010 AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY ENACTING TITLE 7: THE AVON DEVELOPMENT CODE; REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE 17: ZONING; AND, REPEALING PORTIONS OF TITLE 2: ADMINISTRATION AND PERSONNEL WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the use, subdivision and development of real property is provided by Article XX of the Colorado Constitution and the Town of Avon home rule charter; Article 65.1 Areas and Activities of State and Local Interest, Article 65.5 Notification of Surface Development, Article 67 Planned Unit Development Act of 1972, and Article 68 Vested Property Rights of Title 24, Colorado Revised Statutes; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised Statutes; and Article 12 Annexation — Consolidation — Disconnection, Article 15 Exercise of Municipal Powers, Article 16 Ordinances — Penalties, Article 20 Taxation and Finance, Article 23 Planning and Zoning, and Article 25 Public Improvements of Title 31, Colorado Revised Statutes; and other applicable state and federal laws and regulation; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code and after providing proper notice, the Avon Planning and Zoning Commission held public hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public comments received and testimony and materials provided by Town Staff provided a recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and 17.28.090 of the Avon Municipal Code; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code and after providing proper notice, the Avon Town Council held public hearings on July 27, 2010; August 10, 2010; August 17, 2010; August 24, 2010; August 31, 2010; September 28, 2010; October 12, 2010; and October 26, 2010, and considered all public comments received and all testimony and materials provided by Town Staff prior to making a decision; and WHEREAS, the Town Council finds that the adoption of the Avon Development Code will implement the Avon Comprehensive Plan, including all related plans and amendments thereto, and will thereby promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh Page 1 of 4 a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repealed. The following portions of the Avon Municipal Code are hereby repealed in their entirety: Chapter 2.16 Planning and Zoning Commission; Chapter 2.20 Board of Building Appeals; Title 16: Subdivisions and Title 17: Zoning. Section 3. Enacted. Title 7: Avon Development Code, attached to this Ordinance as Exhibit A is hereby enacted. Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh Page 2 of 4 Section S. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [signature page follows] Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh Page 3 of 4 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for October 26, 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on October 12, 2010. 10 N OF q�0� rim Sipes, Mayor Pro - I Published b osi in Xin`ait l �t t ee public places in Town and posting at the office of the Town Clerk at least even days prior t anal action by the Town Council. �OLORA�O ATTEST: APPROVED AS TO FORM: Nttf M envy, Town r Eric Hei , Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on November 9, 2010. N OF A��N S E A L * Ronald C. Wolfe, Mayor Published posting by•litle in at least three public places in Town and posting by title at the office of theft! Ql; @lk Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh Page 4 of 4 0 Memorandum To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager From: Sally Vecchio, Asst. Town Manager — Community Development Date: July 23, 2010 Re: Public Hearing to Consider Ordinance 10 -14 Amending the Avon Municipal Code by Enacting Title 7: The Avon Development Code, Repealing Title 16: Subdivisions, Repealing Title 17: Zoning, and Repealing Portions of Title 2: Administration and Personnel. Summary This is the first reading by the Avon Town Council of Ordinance 10 -14, enacted the Avon Development Code and repealing Title 16 (Subdivision), Title 17 (Zoning) as well as related sections of Title 2 (Administration & Personnel), Title 5 (Building and Construction) and Title 8 (Health and Safety) of the Avon Municipal Code. Ordinance 10 -14 is attached as Exhibit G. On July 6, 2010 the Planning and Zoning Commission (PZC) approved Resolution 10 -03 (Exhibit A) recommending adoption of the Avon Development Code with conditions. At its July 201h meeting, the PZC approved a motion requesting that Town Council consider an emergency ordinance repealing Sec 17.28.090 AMC, Temporary Suspension of Building Permits. • The proposed Avon Development Code, with the changes recommended by the PZC on July 6, 2010, is attached as Exhibit B. A chapter -by- chapter summary of the proposed revisions in the new Code is attached as Exhibit C. The minutes of the July 6 and July 20, 2010 PZC meetings are attached as Exhibit D. Written public comments received by the Community Development before 5:00 pm on July 22, 2010 are attached as Exhibit E. Written comments received after this time will be provided to Council at the meeting. This memorandum will address the proposed Avon Development Code. The issues related to the PZC motion requesting Council repeal of Sec 17.28.090 AMC has been addressed by the Town Attorney in a separate memorandum to Council and will be discussed as a separate matter. Background The Avon Development Code is the result of a nearly 2 year public process that began in August, 2008 when the Town retained the services of Clarion and Associates, a Denver -based planning consultant firm, to prepare a unified land use code that integrated the town's subdivision regulations and procedures with the zoning regulations and procedures. Following the project's inception, the Council appointed a community -based Zoning Advisory Committee (ZAC) to guide and oversee the project. The 15- member committee represented a diverse group of volunteers drawn from the development and construction industries, various business sectors, and the town's political leadership. • The process of drafting the Avon Development Code included four phases: Phase 1: Project Analysis The project kicked off in September 2008 with a series of interviews and meetings with • key stakeholders, Town staff, Town Council and PZC members, to identify the key issues with the current regulations that the new code should address. Phase 2: Diagnosis Based on the issues identified during the Phase 1 analysis, the Clarion team completed a diagnosis and assessment of the current regulations (Diagnosis and Annotated Outline, Jan 2009). The Diagnosis provided a general overview of the strengths, weaknesses and challenges in the current zoning and subdivision regulations and recommended actions for creating a new unified land development code. Eight key "themes" or major issues emerged from the first two phases of the project: 1. Improve Formatting & Organization 2. Improve Content & Timing of Submissions 3. Identify Baseline Development Standards 4. Address Sustainability of the Built Environment 5. Improve the Public Benefits Process 6. Modernize the PUD Process 7. Create Appropriate Zone District Regulations 8. Enhance the Usability of Subdivision Regulations Phase 3: Drafting The Clarion team prepared an initial draft of the new Code based on the recommendations and goals identified in Phase 2. The ZAC reviewed early drafts of the new Code in 2009 and during the first three months of 2010. Clarion completed its work • on the first draft of the new Code in March, 2010 which was followed by eight work sessions with the Town Council and PZC for final policy direction in April and May. The public hearing draft of the Avon Development Code was published on May 28, 2010. Council received a copy of that document at its June 8, 2010 meeting. Phase 4: Public Review The PZC completed its review of the proposed Code on July 6, 2010 and made a recommendation to the Town Council to adopt the proposed Code with conditions. The final draft of the Code, as recommended by the PZC has been prepared for Council consideration. The Town Council will consider the recommendation from the PZC along with public comments before considering adoption of the Code. Key Objectives of the Code Revisions Through a series of research efforts and interviews with stakeholders during the initial diagnosis phase of this project, the revisions to the zoning and subdivision regulations focused on three key objectives: 1. To raise the standards for development as directed in the Avon Comprehensive Plan. 2. To introduce more efficiency, predictability, and transparency into the development review process, and 3. To update, modernize and improve the usability of the regulations. The proposed Avon Development Code has addressed those objectives as follows: • Daises the standards for development as directed in the Avon Comprehensive Plan. The • Avon Comprehensive Plan has established a clear long -term vision and policies to guide future growth and create community quality in the town. The Plan also includes a range of regulatory changes that are needed to realize Avon's vision. Notable among these are the inclusion of a floor area ratio (FAR) measurement to break up building bulk in the Town Center, and a wider range and mix of uses throughout the town. In addition, the Plan identifies a range of topics and issues that are not addressed in the current regulations including sustainability- related concerns such as erosion control, water quality and energy efficiency. • The proposed Code includes baseline development standards (Chapter 7.28) that elaborate on the concepts and requirements established in the Comprehensive Plan and other Town policy documents including: a. Land uses interconnected with pedestrian, bike and automobile circulation links (Mobility /Connectivity Sec. 7.28.040). b. Development that protects and accommodates natural resources, including floodplains, steep slopes, streams, wetlands, water quality, and geologic hazard areas (Natural Resources, Sec. 7.28.100). c. Architectural design, materials, and colors compatible with the town's physical setting and natural and existing landforms (Design Standards, Sec. 7.28.060). d. A Floor Area Ratio (FAR) measurement for commercial zone districts (Sec. 7.20.070 -080), and a bonus development provision that is permitted in all commercial districts and replaces the public benefit requirement in the existing PUD process( Bonus Development, Sec. 7.20.100). • e. An Alternative Compliance Provision that allows an applicant the flexibility to modify certain development standards in order to accommodate individuality, creativity, and artistic expression in development and architecture (Alternative Equivalent Compliance, Sec. 7.16.120). f. A number of new regulations have also been added to the Code, which promote sustainable development standards. Table 1 provides a summary of the sustainable aspects of the new Code. Introduces more efficiency, predictability, and transparency into the development review process. A prevalent concern with the current code is the inadequate requirements of the application process. The current provisions do not provide adequate guidance on the timing and content of required submittals, nor direction for how such materials will be evaluated. In the past, developers have been reluctant to pay for additional studies and reports early in the process before the Council has given its indication of support. On the other hand, town staff has been frustrated with its inability to require information in a consistent format that can be easily evaluated for recommendations to PZC and Council. The consequences of this tension have been delayed or insufficient submittals and diminished quality of the town review. • The Development Review Procedures (Chapter 7.16) consolidates all of the regulations related to all of the procedures for development and subdivision applications. This Chapter clarifies the roles of the review and decision - making bodies; describes the review procedures for all development applications in a series of sequential steps, and includes specific review criteria for each type of application. New provisions in this • Chapter also include: a. A pre - application requirement for all applications, to provide early guidance for applicants. • b. Minimum submittal requirements for applications , and c. The timing and content of required reports, such as traffic studies and storm drainage. Updates, modernizes and improves the usability of the regulations. The town's basic zone districts have not been updated over time and do not provide a comprehensive overall system for guiding preferred development patterns and incorporating design- oriented regulations where appropriate. In addition, the usability of the current code has been hampered by its organization and format. Basic regulations pertaining to issues such as parking, landscape, signs and accessory uses are scattered across multiple sections or chapters of the current code. In addition, many terms and definitions are outdated, contradictory or redundant. The new Development Standards (Chapter 7.28) incorporate design- oriented regulations that are intended to create a unified and cohesive physical framework and community image in the Town with compatible building orientation, scale, mass, siting, and street alignments. The new standards guide preferred development patterns by requiring sensitive to the building form (Design Standards, Sec 7.28.060), its location and relationship to the street and other buildings (Design Standards Sec 7.28.060), the location of parking (Parking, Sec. 7.28.020) and convenient pedestrian access (Mobility and Connectivity, Sec. 7.28.040). • The Engineering Improvement Standards have replaced the subdivision standards in the existing Code and are designed to work with the zoning regulations to create a comprehensive land development review process. The new subdivision regulations • include: a. updated street design requirements b. subdivision layout requirements c. standards for dedication of parks and open space d. specifications for storm water management practices e. integration of the natural environment and requirements for utilities and public facilities. • The new Code improves on the organization of the current code by consolidating and integrating the subdivision regulations and procedures with the zoning regulations and procedures. For example, all development procedures are found in Chapter 7.16, all parking standards are found in Sec. 7.28.020 and all definitions are found in Chapter 7.08. PZC Review and Recommendation to Town Council PZC reviewed the draft Code at its meetings on June 15 and July 6, 2010, and after considering written and public testimony, approved Res. 10-03 recommending to the Town Council to adopt the new Code with the following recommendations: 1. Include a diagram to illustrate the building height requirement in the Design Standards. The height measurement should also include any retaining walls that are part of the base foundation of a structure. 1M. ® Staff Response: A diagram illustrating the 45 ft building height requirement has been added to Design Standards for Wildridge Single Family and Duplex Unit (Sec.7.28.060). A statement has also been included in the design standards requiring foundation - related retain walls to be included in the 45 ft height measurement. The maximum height of retaining walls is also addressed in Sec 7.28.050(c). 2. The PZC believes there is a public benefit related to limiting the maximum length of a duplex structure's street elevation in Wildridge. Staff Response: After researching a sample of duplex structures constructed in Wildridge over the past 10 years, the following finding were made: a. Duplex units' are almost always oriented in a side -by -side fashion along the street in order to maximize views and reduce the need to step the building foundation with the slope of the lot. b. Front elevations range from approximately 80' to 165' in length. c. The Planning Commission and Council have generally responded negatively to duplex structures that exceeded 125' in length. Limiting the overall length of a duplex structure to 125 ft will help minimize the massiveness of buildings located on prominent ridgelines and along the street fronts. Lots will have to be contour graded and buildings will have to more closely follow the grade of the lot, which is the preferred approach for developing on steep slopes. A new standard has been added to Sec. 7.28.090(e) Single- family and Duplex Standards for the Wildridge Subdivision, limiting the length of any elevation of a duplex structure to 125 ft. • 3. Revised the parking requirement for outdoor seating areas to exempt the first 25% of the seating area from the parking requirements. Staff Response: Table 7.28 -2 Parking Requirements has been revised for Food and Beverage Services to exempt the first 25% of the outdoor seating area from the parking requirements. 4. Revise the parking requirement for group homes to ensure sufficient employee and guest parking. Staff Response: Table 7.28 -2 parking requirement for Group Homes has been revised to require one parking space per four beds, plus one parking space per employee. 5. Replace the terms: "solar arrays" and "solar collection systems" with: "ground- mounted solar devices" and "building- mounted solar devices ". Staff Response: Alternative Energy Standards (Sec 7.28.100(g)) have been added to the new Code to establish standards for alternative energy generating systems so that they may be allowed if found to be compatible in appropriate locations in the Town. The regulations define a Solar Collection System as being a roof - mounted or wall- mounted system, and a Solar Array as free - standing, ground- mounted solar collection system. PZC did not believe that Solar Array and Solar Collection System as defined in the Code was helpful to understanding the differences between the systems, and therefore recommended that the terms be replaced with "Ground Mounted Solar Devises" and • "Building Mounted Solar Devises." N 6. Under the definition of Caretaker Unit change the term "cooking facilities" to "kitchen facilities ". • Staff Response: A Caretaker Unit is ancillary and attached to the primary dwelling unit as an apartment which may or may not have full cooking facilities in the unit. The term "kitchen facilities" replaced "cooking facilities" for continuity with other sections of the Code. 7. Remove landscape points for lawn grass and add points for xeriscaping. Table 7.28 -7, Landscape Units Awarded. Staff Response: PZC felt that awarding landscape points for lawn grass was inconsistent with the Town's goal of promoting sustainable development, and recommended that the points be awarded for xeriscaping instead. Table 7.28 -7 has been revised accordingly. 8. Clarify that the purpose of requiring parking lot landscape strips is to help separate pedestrian and vehicle traffic in parking lots. Sec 7.28.050(A)(iv)(D)(2). Staff Response: Landscaping strips in parking lots are used to help reduce the solar impact from the asphalt, create areas for storm water drainage, and provide safe, walkways for pedestrians. An intent statement has been added to this regulation. 9. Add a cross reference to the Mobility and Connectivity regulations (Sec. 7.28.040) in the Town Center District Parking Lot Landscaping Regulations Sec 7.28.050(A)(iv)(F). Staff Response: The need to cross reference the mobility /connectivity regulations in this section is unnecessary. Both regulations are a part of the Development Standards found in Chapter 7.28. All new construction is required to comply with all of the • Developments Standards. 10. Add a requirement that straw bale (or equivalent) be installed inside the protective fencing required around the drip line of each tree or tree group during construction. Staff Response: The requirement has been added to Sec. 7.28.050(a)(4)(i)(D)(3)(I), Protective Fencing During Construction. 11. Establish a maximum timeframe for temporary irrigation (Sec. 7.28.050(a)(4)(iv)(E)). Staff Response: The following timeframe has been included for temporary irrigation: one (1) year for ground cover, two (2) years for shrubs, or three (3) years for trees. 12. Include architectural features as appropriate methods of screening (Sec. 7.28.050(b)). Staff Response: Screening requirements have been added to the Code to ensure that certain site features are screened from public view or adjacent properties. Architectural features such as a roof parapet can be used to screen site features, provided they meet the standards of the subsection. This section has been revised to include architectural features as a permissible screening method. 13. Strike the "reserved" section for Green Building techniques in the Bonus Development Regulations (Sec 7.20.100(d)(3)). Staff Response: The bonus development regulations originally included development and density awards for green building techniques. During the April and May work sessions with the Council and PZC, it was determined by both bodies that green building • C- techniques may want to be incorporated as requirements and not as options for • development bonus; and the subject should be reviewed as a separate matter after the Green Building Energy Code is ready for public review. This section has been removed. 14. Does the Wildridge PUD limit the height of wind energy systems in the subdivision? Staff Response: According to the Wildridge PUD development regulations no structure located on any other lot shall exceed three stories or thirty -five feet in height measured from the natural grade at the midpoint of the structure. Because the height limitation includes all structures, a wind energy devise would also be limited to this height restriction. 15. Include the Capital Improvement Program (CIP) in Development Bonus Enhancements Sec 7.20.100(d)(1)(iii)). Staff Response: This provision of the Development Bonus Requirements sets the criteria for evaluating public benefits related to development bonuses. The PZC wanted to include the CIP in the list of policy documents that would be used to determine the appropriateness of a proposed public benefit. This section has been revised accordingly. Remaining Code Modifications 1. It was brought to the attention of the staff by the certain Council members at the July 13, meeting, that the Code section concerning steep slopes (Sec 7.28.100(a)(2)) did not include an Applicability section concerning lots platted prior to adoption of the new Code. • The Code had always contemplated that certain administrative modifications or waivers of the steep slope and access driveway provisions would be available to lots platted prior to the effective date of the new Code. The following Applicability language is therefore recommended for Sec 7.28.100 Applicability [re Access Driver Requirements] and 7.28.030(b) Applicability [re Steep Slopes]. The decision of the Director could then be appealed to per Section 7.16.160. "The provisions of this section are applicable to all development. The Director may modify or waive the provisions in this section for lots which were platted prior to the Effective Date of this Code where strict compliance with the provisions in this section is not practical or feasible considering the physical characteristics of the lot. When modifying or waiving any provision in this section, the Director may require avoidance or mitigation to minimize the risk of property damage or injury to the lot, improvements on the lot, and adjacent or nearby affected properties, public facilities and infrastructure: 2. While the proposed Avon Development Code stands as a complete package for the Town Council's consideration, there are additional revisions that staff expects to recommend for the purposes of clarifying certain provision, prior to the Council's consideration of the Code for final adoption. These revisions will be prepared as a compendium to the draft Code and presented at the next Council meeting. • Recommended Action: For the reasons described in this memorandum, Staff believes that the Code has adequately • addressed the objectives of the Code revision project and has provided sufficient opportunity for public review and comment. Staff therefore recommends that Council approve Ordinance 10 -14 on its first reading. Town Manager Comments: • • • List of Exhibits A — PZC Resolution 10 -03 B — Avon Development Code, as Recommended by PZC C — Chapter by Chapter summary of Avon Development Code D — July 6th, 2010 & July 20th, 2010 PZC Meeting Minutes E — Written Public Comments received before 5pm on July 22 "d, 2010 F — Memorandum from Eric Heil, dated July 22 "d, 2010 G — Ordinance 10 -14, Amending AMC by Enacting Title 7: Avon Development Code is • 6 Exhibit A is TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 10-03 A RESOLUTION RECOMMENDING APPROVAL OF AVON DEVELOPMENT CODE, REPEALING AND RE- ENACTING TITLE 16: SUBDIVISIONS, AND TITLE 17: ZONING; AMENDING PORTIONS OF TITLE 2: ADMINISTRATION & PERSONELL, AND TITLE 15: BUILDING, AVON MUNICIPAL CODE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Planning & Zoning Commission is appointed by Town Council to review, make recommendations, and guide and accomplish a coordinated, adjusted and harmonious development of the municipality and its environs, and WHEREAS, the Town's zoning code and subdivision regulations have not been comprehensively amended or revised since they were first adopted by the Town in 1979; and WHEREAS, the calls for a comprehensive amendment of the zoning code and subdivision regulations are long standing and evidenced by the recommendations of the 2006 Avon Comprehensive Plan and other planning documents; and WHEREAS, in 2008, the Town Council appointed a Zoning Advisory Committee comprised of • community representatives, including home builders, developers, planners, architects, and elected and appointed officials; and WHEREAS, the Town Council with the assistance of the Zoning Advisory Committee, zoning consultants, and town staff conducted a through analysis of the current code, including interviews with citizens and users of the code; and developed a strategic plan for revising the regulations; and WHEREAS, the Planning & Zoning Commission and Town Council held a series of eight public workshops in April, May and June 2010 to review the initial draft of the Code; and WHEREAS, a public hearing was held by the Planning & Zoning Commission on June 15 and July 6, 2010, pursuant to notices required by law; and WHEREAS, the Avon Development Code is consistent with purpose and intent of Title 17.28 of the Avon Municipal Code regarding amendments to its zoning regulations. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby recommends approval of the Avon Development Code, attached hereto as "Exhibit A ", citing the following findings: 1. The Avon Development Code is consistent with the 2006 Avon Comprehensive Plan, The West Town Center Investment Plan; and The East Town Center Investment Plan; • /O Exhibit A • and the adoption of the Code is necessary and desirable to effectively implement the policies and vision of these adopted plans. 2. The Avon Development Code is necessary to respond to changed or changing conditions in the town and promotes the type of development patterns that have emerged since the current code was first adopted. 3. The Avon Development Code will result in development that is compatible with existing and surrounding areas or uses and can be served by adequate public facilities. 4. The Avon Development Code reflects contemporary zoning and planning practices, which include decreasing automobile use, sustainability, and pedestrian oriented development. 5. The Avon Development Code consolidates the zoning code and subdivision regulations into a unified set of regulations that are efficiently organized and improves the usability of the Code. 6. The Avon Development Code furthers the public health, safety and general welfare of the greater Avon community, including its residents, businesses, and industries. and subject to the following conditions: 1. Add a Building Height Diagram to illustrate appearance of height. The definition shall include retaining walls that are part of the base foundation of a structure. 2. The PZC believes there is a public need for limiting the maximum length along a street of • a duplex structure. Staff shall propose a maximum width to the Town Council. 3. The parking requirement for outdoor seating area be revised to exempt parking requirements for the first 25% of the area. 4. Revise the parking requirement for group homes to require appropriate levels of parking. 5. The definition of solar arrays and solar collection systems should be revised to use the terms, "ground mounted solar devices" and "building mounted solar devices ". 6 The definition of Caretaker Unit shall refer to kitchen facilities instead of cooking facilities. 7. Section 7.28.050(ii)(A)(2) should be revised to ensure grammatical correctness. 8. Table 7.28 -7 be revised to eliminate points for lawn grass and add bonus for xerriscaping. 9. Clarify the intent of Section 7.28.050(A)(iv)(D)(1)(IV), the section concerning separation of pedestrians in landscape strips and islands. 10. Add a cross reference within Town Center District Parking Lot Landscaping to Section 7.28.040. 11. Remove the phrase "for coniferous trees" from Section 7.28.050(a)(4)(i)(D)(1)(II) 12. Revise Section 7.28.050(a)(4)(i)(D)(3)(I) to add straw bale or equivalent requirement. 13. Revise Section 7.28.050(a)(4)(iv)(E) to establish maximum timeframe for temporary irrigation. • 14. Revise Section 7.28.050(b) to add language to provide for architectural features for screening. I/ Exhibit A 15. Strike reference to the section "Reserved" for Green Buildin • g techniques. 16 Correct typo, "Court Dive" on page 147 of the redline strikethrough revision. 17. Research Wildridge PUD definition of building heights as it relates to the wind energy systems. 18. Revise Section 7.20. 1 00(d)(1)(iii) to include the CIP. ADOPTED THIS 6`h DAY OF JULY, 2010 Signed: CoDate: T& w Vice Chair, s reen Attest: Date: Secretary, Phil Struve • • rz • EXHIBIT B AVON LAND DEVELOPMENT CODE APPROVED BY: AVON PLANNING & ZONING COMMISSION ON JULY 612010 0 PRESENTED TO PUBLIC ON JULY 23, 2010 0 /3 EXHIBIT C The Avon Development Code Summary of Proposed Revisions • • C The General Provisions Chapter replaces the Administrative Provisions of the existing zoning code and includes standards for general applicability, interpretations, fees, and non - conforming uses. Enforcement and penalty regulations are new and include: (1) a responsibility section that describes how enforcement takes place and what code violations might include; (2) a General Chapter 7.04 remedies and penalties section that provides greater detail about the Provisions options available to the Town for enforcement; and (3) a procedural section for enforcement actions. Provisions related to requiring additional studies, waiver of regulations and conceptual approvals have been moved to Development Review Procedures. See Town Attorney Memo for additional discussion on these provisions — Exhibit F. Definitions have been up -dated and consolidated in this chapter. Use standards (e.g., Home Occupation and Snow Storage) have been moved Chapter 7.08 to appropriate regulatory sections. Sec 17.06 of the existing Zoning Code Definitions (Interpretations) has been changed to allow the Planning Director to make interpretations rather than Planning and Zoning Commission. This is a new chapter that consolidates all of the regulations related to the procedures for development applications found in the existing Chapters 2.16 Planning and Zoning Commission, 16.12 Subdivision Administration, and 17.08 Zoning Administration. This new Chapter clarifies the roles of the review and decision - making bodies; describes the review procedures for all development applications in a series of sequential steps, and includes specific review criteria for each type of application. New Development provisions include: 1) a pre - application requirement for all applications, 2) Review Chapter 7.16 minimum submittal requirements for applications, 3) the timing and content Procedures of required studies and reports, and 4) application processing requirements. A Minor Amendment Process was also added which authorities the Planning Director to make administrative determinations on specific minor changes to approved development plans. The Termination of Approval provision, which sets a 2 year time period on development approvals, has not changed. The "Temporary Suspension of Building Permits" provision has been replaced with a less restrictive Temporary Suspension of Development Approvals (see Town Attorney Memo — Exhibit F). This chapter establishes the Town's zone districts. Districts have been reorganized and categorized by residential, commercial/ mixed -use and industrial. Purpose statements have been added to help guide decision - makers. District regulations (e.g., setbacks, building height) are summarized in tables district by district for easy comparisons. There are four residential districts (RD duplex; RL, Low Density, RM Medium Density and RH, High Density). The RH -C Residential Hi Density Commercial has been retired. Zone Districts The commercial districts have been reduced from four to three: NC and Official Section 7.20 Neighborhood Commercial; MC, Mixed -Use Commercial; and TC Town Zoning Map Center. The SC, Shopping Center District has been retired. Changes to the district regulations are summarized in Table 2. The commercial district standards also include a Floor Area Ratio (FAR) requirement. FAR controls the bulk of a building and allows the developer to make choices about the distribution of the building mass on the site. Together with the Development Standards, the FAR measurement can help break up building bulk and promote development that is compatible with the type of pedestrian scaled. streetscapes promoted in the Comprehensive Plan. • • C C7 • • Development Bonus (Sec 7.20.100) In response to the request for more specific information related to the public benefit process, the Code includes a Development Bonus option which allows the Town Council to increase the maximum FAR, density, and /or the maximum building height of a project in exchange for helping the Town achieve public policy goals. Approval to increasing development density may, for example, be permitted in exchange for a specific number of affordable housing units, transportation improvements or other public benefits identified in the Comprehensive Plan. The Industrial District, Public Facilities District, Parks District and Opens Space Landscape, the Short Term Rental Overlay District and Drainage District remain unchanged. The PUD has been re- classified as an Overlay District. The new Code also limits the use and application of the Planned Unit Development (PUD) to larger parcels and property in Town Center that may have a measurable impact on the community. The PUD Overlay is intended to provide flexibility in the subdivision standards so that a development can be clustered and common open space preserved. A PUD project will still be subject to the underlying zone district requirements and development standards. Additional density would be requested through the Bonus Development process. The use regulations for all zoning districts are consolidated in Table 7.24.- 1. The use lists have been consolidated by broad categories (e.g. Retail), and modernized by eliminating out -dated listings and adding more current uses. Use Section 724 Specific Use Regulations for Public Uses and Home Occupations are Regulations . included in this Chapter, as are additional requirements for certain Special Review Uses such as day care and group living. Standards for accessory uses and structures temporary uses and structures have also been added to this Chapter. Parking and Loading. The new Code took the existing parking regulations and made targeted changes to encourage alternative parking options and parking flexibility in Town Core. We also updated the parking lot design requirements and moved parking lot landscaping to the landscaping requirements. Access Driveway. These new regulations control the access to public streets from private driveways. Standards are provided for is access by emergency vehicles, the maximum number of entryways per parcel, driveway intersection with the ROW; driveway width, and maximum driveway lengths. Standards for driveways on lots with slopes greater than 30% have been added to minimize disturbance and adverse visual impacts resulting from long cross slope driveway. Development Section 7.28 Mobility and Connectivity. This is a new section that establishes overall Standards standards for the infrastructure that provides mobility for both motorized and non - motorized vehicles and connects neighborhoods in the community. This section includes design standards for lots that are not being subdivided and addresses issues such as sidewalks, access management, and traffic impact analysis. Landscaping and Screening Requirements. This section was strengthen and clarified with specific landscaping requirements provides better guidance to developers and staff then under the existing Code. Other changes to this section include: a new landscaped buffer requirement between commercial and residential uses; requirements for parking lot landscaping and standards for tree preservation and irrigation requirements were upgraded. Screening standards were also added to provide guidance on appropriate screening methods and materials. r� is • lb Fence and Retaining Wall standards were revised and included in this section. Materials and height requirements were added to fence standard. Retaining Walls standards were added to the Code to reduce the impact of over height walls and extreme changes in finished grades. In order to reduce the impact of over grading or over - height walls, terracing is required with a maximum wall height of 7 ft on wall on residential properties. Natural Resource Protection and Sustainability this section provides new protections for the development on steep slopes and ridgelines and incorporated erosion prevention and sediment control standards. The Director may modify or waive the provisions in this section for lots which were platted prior to the Effective Date of this Code where strict compliance with the provisions in this section is not practical or feasible considering the physical characteristics of the lot. Residential Design Standards. Based in part on the standards currently used in the Design Guidelines, this section establishes the basics for residential design in Avon (roof form, color, material, building orientation), with specific standards for townhomes, apartments and single - family and duplex units in Wildridge. Commercial Design Standards. Similar to the Residential Design Standards, this section is based on standards and recommendations found in the West Town Center and East Town Center Investments Plans, which calls for pedestrian — oriented, walkable commercial areas with a mix of uses including housing. The Engineering Improvement Standards have replaced the subdivision standards in the existing Code and are designed to work with the zoning regulations to create a comprehensive land development review process. In the current code, the subdivision regulations do not include sufficient substantive content which causes a lot of ambiguity for applicants and for Staff during the review process. The new subdivision regulations include: • updated street design requirements Engineering 0 subdivision layout requirements Improvement Section 7.32 a standards for dedication of parks and open space Standards 0 specifications for storm water management practices • integration of the natural environment and • requirements for utilities and public facilities. Parks and Open Space. This is a new section in the Code, and requires publicly- dedicated open space and privately -held open space for new subdivisions. Alternative Energy. This is also a new section in the Code that includes regulations for installing solar and wind power equipment. Annexation and Disconnection Section 7.36 See attached memorandum from Town Attorney - Exhibit F. Procedures 1041 Regulations Section See attached memorandum from Town Attorney - Exhibit F r� is • lb • • • Table 1: Sustainable Aspects of the Avon Development Code NATURAL RESOURCE PROTECTION Section Numbers Limits on construction in flood hazard areas 7.28.070(d) Requires Inventory of site natural resources 7.28.070 Requirements for storm water management 7.28.070(c) Limits landscape irrigation systems 7.28.050(a)(4)(iv) Requires management of silos and erosion control during construction 7.28.070(c) Steep slope protection and minimized grading 7.28.070(a) TRANSPORTATION Requires walkways and bicycle baths on a building site 7.28.040(e) Require short term bicycle parking and storage based on parking requirements 7.28.030(i) SITE LIGHTING Site light pollution control requirements (dark sky) 15.30 SITE DEVELOPMENT Usable open space requirements for residential developments 7.28.060 Building form and design standards for commercial zone districts brings building close to sidewalk and reduce visibility of surface parking to create a more lively pedestrian environment. 7.28.060 Parking reduced for mixed use developments 7.28.030(f)(2)(ii) Maximum parking requirements for commercial uses Table 7.28 -3 Increased landscaping requirements for off - street parking 7.28.050(q)(3)(iv) Standards for bike parking 7.28.030(1) New district requirements in Town Center require vertical mix of uses, higher densities and connections to transit 7.28.060(j) RENEWABLE ENERGY Solar equipment standards 7.28.070(g)(2) Wind Energy 7.28.070(g)(4) 17 Table 2: Summary of Revisions to Commercial Zone Districts NEIGHBORHOOD COMMERCIAL (NC) Purpose: To provide sites for commercial uses and services for the principal benefit of the residents of the community. Permitted Uses: Commercial Uses and Accessory Apartments. DISTRICT STANDARDS CURRENT CODE NEW CODE Minimum Lot Size 7,500 sf 3,000 sf Building Height 35 ft 35 ft: duplex 38 ft: TH, MF, commercial Front: 25ft Front: 1 Oft residential /0 ft commercial Building Setbacks Side: 7.5 ft Side: 7.5 fU 25ft corner lots Rear: 10 ft Rear: 10 ft Max Site Coverage 50% 60% Max Density 7.5 du /acre 7.5 du /acre 1:1 FAR MIXED USE COMMERCIAL (MC) Purpose: To group and connect places used for work, shopping, education, recreation with residential uses. Permitted Uses: Commercial, Office, Townhomes, Condominiums, Apartments DISTRICT STANDARDS CURRENT CODE NEW CODE Minimum Lot Size 43,560 sf 3.000 sf Building Height 60 ft 35 ft: SF and duplex 60 ft: TH, MF, commercial Front: 25ft Front: 10 ft Building Setbacks Sider 7.5 ft Side: 7.5 SF, duplex/0 ft TH, MF, commercial Rear: 10 ft Rear:10 ft residential /5 ft commercial Max Site Coverage 50% 80%: SF and duplex 70%: TH, MF, commercial Max Density 20 du /acre 20 du /acre 60 lodge units /acre 1.5:1 FAR TOWN CENTER (TC) Purpose: To provide sites for a variety of uses including lodging, commercial and office in a predominately pedestrian environment. Design standards distinguish is area from others in town. Permitted Uses: Lodging, Commercial, Office, Townhomes, Condominiums, Apartments DISTRICT STANDARDS CURRENT CODE NEW CODE Minimum Lot Size 30,000 sf 3,000 sf: residential Building Height 80 ft 80 ft Front: 25 ft Front: 1 Oft residential /0 ft commercial Building Setback Side: 7.5 ft Side: 7.5 ft/25 ft comer lots Rear: 10 ft Rear: 10 ft Max Coverage 50% 80% Max Density 30 du /acre 30 du /acre 90 lodge units /acre 2:1 FAR LIGHT INDUSTRIAL & COMMERCIAL EMPLOYMENT (IC) Purpose: To provides sites for light Industrial and mfg uses, wholesale outlets, warehousing and sales offices Permitted Uses: Light industrial, Commercial, Warehousing, Accessory Apts. DISTRICT STANDARDS CURRENT CODE NEW CODE Minimum Lot Size 21,780 sf 21,780 sf Building Height 48 ft 48 ft Front: 25 ft Front: 25 ft Building Setbacks Side: 7.5 ft Side: 7.5 ft/ 25 ft corner lots Rear: 1 Oft Rear: 10 ft x Site Coverage 50% 50% Density 4 accessory unit/property by special review use 4 accessory units /property by special review use • • • !fig • EXHIBIT D PLANNING AND ZONING COMMISSION MEETING MINUTES JULY 6, 2010 (APPROVED) JULY 20, 2010 (DRAFT) 0 0 r9 I� er�kin.y cn t rnr;.r�', �1 �I REGULAR MEETING IV V VI Call to Order (5:00pm) Town of Avon Planning & Zoning Commission Draft Meeting Minutes for July 6, 2010 Avon Town Council Chambers is Meetings are open to the public Avon Municipal Building / One Lake Street The meeting was called to order by Vice Chairman Green at approximately 5:05 Roll Call All Commissioners were present with the exception of Goulding, Prince, and Anderson. Additions and Amendments to the Agenda There were no additions or amendments to the agenda. Conflicts of Interest There were no conflicts of interest to disclose. Consent Agenda • Approval of the June 15, 2010 Meeting Minutes Action: Commissioner Patterson moved to approve the amended minutes. • Commissioner Roubos seconded the motion and it passed 4 -0. ZONING (PUBLIC HEARING) Avon Development Code Public Hearing Property Location: N/A Applicant/ Owner. Town of Avon Description: A public hearing to review of the Draft Avon Development Code. The new code revision includes the consolidation of Subdivision and Zoning regulations, currently found Titles 16 and 17 of the Avon Municipal Code, respectively, into a unified development code. Discussion: Matt Gennett presented an overview of the memo and brief description of each item of the memo. Commissioner Green asked for clarification of the current height measurement methods and the new standards proposed. He specifically wanted to hear more about the appearance of height measurement. Matt Gennett described the appearance of height and showed illustrations. Commissioner Roubos questioned the change in natural grade requirements in the new code. Matt Gennett responded by illustrating design tests that were performed. Commissioner Green questioned if the retaining walls below a structure would be calculated in the appearance of height of the structure measurement. Matt Gennett responded that the code as drafted doesn't clearly indicate that, but staff would be willing to modify the code to make sure this item is addressed in the draft code. • Commissioner Green asked that staff overview each item in the memo. Matt Gennett discussed each individual item outlined in the memo. Commissioner Struve questioned item 7. He questioned how we can keep coast to coast duplexes from being developed. He felt an intent statement should be addressed to limit the • coast to coast nature of residence designs. Commissioner Struve questioned if the driveway standards could be modified to ensure that heated driveways will not be able to exceed maximum grades. Justin Hildreth addressed this issue by directing the Commission to Attachment C. He discussed the caveat to waive standards for lots platted before the adoption of this code update. Commissioner Patterson commented on the Development Bonus section. He wanted clarification on whether or not a development bonus needs to be applied for with the principal application. Staff responded affirmatively. Commissioner Patterson questioned if a menu has been provided for an applicant to help direct them towards proper public benefits. He stated that he would like the public benefits to be less shaped by the politics du jour. Eric Heil stated that the pre - application process would help guide developers on which public benefits would be best. Commissioner Patterson stated that his concern was that a development bonus would go to certain communities where political figures reside. Eric Heil stated that the proximity criteria would apply, which require the public benefits to have a proximity to where the development is occurring. Commissioner Patterson questioned why pedestrian enhancements and streetscape enhancements have different maximum distance requirements. Eric Heil responded that the 2,500 feet is within the acceptable range for people to consider walking instead of driving. Commissioner Green questioned the outdoor dining parking requirements. He requested that the parking requirements be modified to ensure that parking be provided for outdoor seating • areas that are greater than 25% of the interior dining area(s). Commissioner Green questioned the parking requirement for ALFs. He stated that additional parking may be required for doctors, nurses, etc. He questioned how that would be addressed by the new code. Sally Vecchio stated that the code implies that there is no parking for the residents or visitors. Commissioner Green stated that there is a need for more parking than what the code is requiring. Commissioner Green disagreed with the proposed definitions for solar devices. He felt the definitions should be more closely linked to the industry preferred terms. He feels the terms should be building mounted and ground mounted solar collection systems. Commissioner Struve suggested that the definitions include both active solar and solar used to heating living spaces and water. Commissioner Green suggested that the definition of caretaker unit reference kitchen facilities instead of cooking facilities. Commissioner Green questioned coast to coast designs and felt that the town should embark upon a legislative action. Eric Heil stated that a rational intent would need to be adopted to address to limit coast to coast designs. The Public Hearing and Comment portion was opened. The Public Hearing and Comment portion was closed due to a lack of input. Commissioner Struve wanted the Commission to get to the point where approve of the new code with conditions as necessary. Furthermore he discussed the applicability of the code to Wildridge. • Commissioner Roubos had no additional comments. Commissioner Patterson had no additional comments. 1�4 Commissioner Green discussed the landscape design standards. He outlined a typo. He also discussed lawn grasses as an awarded point section. He stated that we should be promoting natural grasses. Commissioner Struve suggested that it be stricken from the code. • Commissioner Green suggested that the code promote drought tolerant plantings. Eric Heil stated that xeriscaping should be added as a bonus. Both Commissioners Green and Struve agreed with that suggestion. Commissioner Green questioned the criteria for review by the director for a reduction in perimeter landscaping. Sally Vecchio stated the director could reduce the requirement if the neighboring property had sufficient perimeter landscaping or the combination of perimeter landscaping between the two properties was sufficient. Commissioner Green suggested that a criteria be added to the landscape islands to state that at maturity the plantings do not negatively affect drainage. He also suggested that the intent of the Landscape strips be clarified. Commissioner Green questioned where the sidewalk standards were located. He felt this should be cross referenced in the TC landscaping section. Commissioner Green suggested adding a single course of straw bale on the inside of the fence. Commissioner Struve suggested approved alternative methods. Commissioner Green suggested that timeframes be added to the temporary irrigation. Eric Heil suggested that a 2 year timeframe be added. Commissioner Green suggested that mechanical equipment also have the ability to be screened by architectural elements. Commissioner Roubos suggested that the section reserved for Green Building Standards be stricken. • A break was taken for staff to formulate a list of conditions. Commissioner Patterson further discussed the development bonus and the impact of political wills. He also discussed the civic facilities and how these facilities could benefit individual properties. Action: Commissioner Roubos moved to approve Resolution 10 -03 with the recommended findings in the Staff Memo and the following conditions: 1. Add a Building Height Diagram to illustrate appearance of height. The definition shall include retaining walls that are part of the base foundation of a structure. 2. The PZC believes there is a public need for limiting the maximum length along a street of a duplex structure. Staff shall propose a maximum width to the Town Council. 3. The parking requirement for outdoor seating area be revised to exempt parking requirements for the first 25% of the area. 4. Revise the parking requirement for group homes to require appropriate levels of parking. 5. The definition of solar arrays and solar collection systems should be revised to use the terms, "ground mounted solar devices" and "building mounted solar devices ". 6. The definition of Caretaker Unit shall refer to kitchen facilities instead of cooking facilities. 7. Section 7.28.050(ii)(A)(2) should be revised to ensure grammatical correctness. 8. Table 7.28 -7 be revised to eliminate points for lawn grass and add bonus for is xeriscaping. 2 �: 9. Clarify the intent of Section 7.28.050(A)(iv)(D)(1)(IV), the section concerning separation • .of pedestrians in landscape strips and islands. 10. Add a cross reference within Town Center District Parking Lot Landscaping to Section 7.28.040. 11. Remove the phrase "for coniferous trees" from Section 7.28.050(a)(4)(i)(D)(1)(I1) 12. Revise Section 7.28.050(a)(4)(i)(D)(3)(1) to add straw bale or equivalent requirement. 13. Revise Section 7.28.050(a)(4)(iv)(E) to establish maximum timeframe for temporary irrigation. 14. Revise Section 7.28.050(b) to add language to provide for architectural features for screening. 15. Strike reference to the section "Reserved" for Green Building techniques. 16. Correct typo, "Court Dive" on page 147 of the redline strikethrough revision. 17. Research Wildridge PUD definition of building heights as it relates to the wind energy systems. 18. Revise Section 7.20.100(d)(1)(iii) to include the CIP. Commissioner Patterson seconded the motion. It passed 4 -0. VII. Other Business • The Gates? • • Western Sage Lot 8 VIII. Adjourn The meeting was adjourned W. Todd Goulding Chairperson Phil Struve Secretary • 23 HIMMMIMN Town of Avon Planning & Zoning Commission Draft Meeting Minutes for July 20, 2010 AVO N Avon Town Council Chambers • Meetings are open to the public c o L o R A D O Avon Municipal Building / One Lake Street REGULAR MEETING I. Call to Order (5:OOpm) The meeting was called to order at 5:03. II. Roll Call All Commissioners were present, with the exception of Commissioner Anderson. III. Additions and Amendments to the Agenda There were no additions of amendments to the agenda. IV. Conflicts of Interest There were no conflicts of interest to disclose. V. Consent Agenda a. Approval of the July 6, 2010 Meeting Minutes Action: Commissioner Struve moved to approve the consent agenda as modified. Commissioner Roubos seconded the motion and it passed 4 -0, with Commissioners Prince and Goulding abstaining due to their absence. VI. Ordinances (PUBLIC HEARING) • Description: Ordinance No. 10 -12, Series of 2010, will amend the Avon Municipal Code to (1) prohibit business licenses for a "Medical Marijuana Business, "(2) prohibit the use of land for a Medical Marijuana Business, and (3) de- criminalize the possession of medical marijuana by medical marijuana patients. The Town Council passed this ordinance on first reading on July 13, 2010 and has scheduled a public hearing and second reading by Town Council on July 27, 2010. (Eric Heil, Esq., Town Attorney) Discussion: Eric Heil overviewed the memorandum provided to the Commission. Commissioner Green questioned the process that needed to occur and if any action was necessary. Eric Heil outlined the first reading of ordinance that occurred at Council and the PZC review and required motion of recommendation. Commissioner Struve asked if this was in the new code or old code. Eric Heil responded that if approved by Council this will be located in the old code. Commissioner Green stated that it was not clear in the provided packet what staff wanted from the Commission. He clarified that the information indicated that this was solely for information purposes. Commissioner Roubos had concerns over the reasons for the recommendation that was requested. Commissioner Goulding discussed the necessity for review of all code text amendments and land use modifications. Commissioner Green suggested that the commission take no exception to these regulations. • Commissioenr Patterson stated that he had no exception to the regulations proposed for Title 17, specifically those in sections 5, 6, and 7. 1.4 Eric Heil stated that the policy from Town Council is that Medical Marijuana should not be allowed in the Town and that the Planning and Zoning Commission needs to review to ensure • these regulations will help the PZC to uphold these standards. Commissioner dialogue ensued to further discuss what the PZC's role is in the review of the proposed language. The Public Hearing was opened. Dominic Mauriello, 5601A Wildridge Road, commented that he feels there is misinformation being provided from the Town Staff. He stated that if the PZC feels that Medical Marijuana is appropriate in Town then the PZC has the opportunity to make that know at this time. The Public Hearing was closed. Commissioner Prince commented that he feels that both sides of the argument are not being presented to the PZC. He stated that his role is to evaluate both sides of the coin and that he can not do that with the information provided. Commissioner Patterson stated that he feels that Land Use is the PZC's realm and that the PZC does not make legislative decisions contrary to what Dominic stated. Commissioner Green stated that he feels that the proposed regulations are manageable for the PZC to regulate, contrary to his personal beliefs on the issue. Commissioner Struve stated that he agreed with Commissioner Green. He did have concerns that the provided language will allow the Town to adopt rules that would outlaw other businesses. Commissioner Roubos stated she didn't have enough information to evaluate the Ordinance. She felt that more time would be necessary for a proper review. • Eric Heil clarified the history of Medical Marijuana regulations in Avon and the State of Colorado. He overviewed case law in Colorado that allowed for moratoriums in order to adopt regulations. He further clarified that if the PZC was not comfortable making a motion then the Town Council could approve an emergency Ordinance to extend the moratorium. Commissioner Goulding stated that certain uses in town are currently outlawed, for example Adult services and heavy industry. He stated that he doesn't take exception to these regulations. He did question if there were any comments received on this item. Eric Heil stated that less than a handful of public comments have been received by the Town Clerk. Commissioner Goulding questioned why Commissioner Prince would like to hear both sides of the story. Commissioner Prince stated that he would like to take an open approach and try to understand why other municipalities and communities have allowed these businesses. Action: Commissioner Green moved to "take no exception to the Town Council Ordinance 10- 12, series of 2010" noting that Sections 5, 6, and 7 provide manageable language related to Title 17." Commissioner Struve seconded the motion. Commissioner Patterson questioned the meaning of "take no exception." Commissioner Green further described his reasoning for the terms "take no exception ". Commissioner Patterson suggested that the language be amended to "no exception" be replaced with "no position ". Both Commissioners Green and Struve accepted the modification to the motion. The motion • passed with a 5 -0 with Commissioner Prince abstaining. 1c VII. Other Business a. Commissioner questions of staff regarding the effect of Section 17.28.090 Temporary Suspension of Building Permits (AMC). • Discussion: Matt Gennett summarized the process of drafting and reviewing the Avon Development Code, including the public review process with the Zoning Advisory Committee, Planning and Zoning Commission and Town Council. He outlined the PZC recommendation of approval of the Code on July 6, 2010. He stated that the recommendation of approval triggered the implementation of Section 17.28.090. Eric Heil discussed the recommendation and the AMC sections that regulate temporary suspensions of building permits and revocation of building permits. Commissioner Green suggested that the PZC can make a recommendation to Council on the language of the existing code. Commissioner Goulding separated the two issues: the action of the recommendation on the Avon Development Code; and the Code language in the existing Municipal Code that was adopted in 1991. Commissioner Struve wanted to know whether the Commission could actunder Robert's Rules of Order. Eric Heil stated that he was unaware if the PZC or Town Council had adopted Robert's Rulesof Order.. Commissioner Struve stated that it is possible to rescind a motion under these rules. Commissioner Roubos stated that there was never an understanding that once the PZC made a recommendation of approval that would place a moratorium on development. Eric Heil responded that a moratorium is not the proper term since building permits can still be applied for and approved under certain situations. Eric Heil overviewed the AMC Code sections that allow the Town to suspend or revoke a • permit. He further discussed Colorado Common Law and how it affects the issuance of building permits while an ordinance is pending before Council. He also discussed the ADC code language that would allow pending application to move forward. Commissioner Patterson wondered what projected effective date of the New Code would be. Commissioner Struve wanted to know what would happen if an applicant submitted an building permit application today. Commissioner Goulding restated the process and what the Commission could do to help modify existing language in either the draft code or existing code. Commissioner Goulding stated that the intent of Section 17.28.090 was to stop a bum -rush to the permit counter before the new zoning code, with more restrictive standards, was adopted. He also commented that the new code is intended to be a more developer friendly /customer - service oriented code. Commissioner Struve questioned what it would take to revise or revoke Section 17.28.090. Eric stated that it would require an ordinance adopted by the Council through the ordinary process but an emergency ordinance can be undertaken in a single meeting. Commissioner Green wanted to know if there is a moratorium on issuing building permits. The Town Attorney stated pursuant to Section 17.28.090, a building permit that complies with both the current zoning code and the proposed code can be issued during this period. Commissioner Prince wondered how an applicant would be effected if the Town Council changed the development standard proposed in the PZC version of the new Code. The Commission then took comments from the public: Buzz Reynolds, Avon resident and builder, questioned if the PZC had all the information to • review the new Code before it recommended adoption to the Council.l. He then questioned 2 (0 the PZC if they would have made the same recommendation if they knew how this provision of the old Code would affect the issuance of building permits ?. is He further stated that this is a mess and it needs to be resolved. Tripp Plavec, Avon resident, feels the code that the PZC adopted is a mess. He feels that the new regulations would render designs undevelopable. He acknowledge that he just saw the Code last night, so he wasn't sure, but questioned if the new regulations would be able to be waived for existing platted lots. Sally Vecchio stated that existing platted conditions can have development standards modified or waived if they are impracticable. Mr. Plavec stated that further regulations on existing platted lots should not be approved. He stated that the regulations are unfair because under the current code. builders can do whatever they want. Dominic Mauriello, Avon resident, stated that the better forum for discussing changes to the Code would be next week at Council. He further stated that the policy decision should have been addressed prior to the recommendation of approval. He questioned how many times the policy was overlooked since it was adopted in 1991. He questioned the process and if the change would be required for new applications. Commissioner Goulding stated that this board had no ability to change the existing code. Dave Dantas, Avon resident stated that he believes that the PZC can rescind their recommendation to approve the new Code. Commissioner Struve stated that he also believes the PZC can rescind their recommendation. Commissioner Patterson questioned the process of an emergency ordinance. Eric Heil read into the record the section of the code that regulates emergency ordinances. • Commissioner Goulding stated that one option would be having the Council act on an emergency ordinance. He stated the other option would be for the PZC to move to rescind their recommendation, but still he would advise the Town Council to keep the status quo. Commissioner Patterson stated that he would advise not to rescind their recommendation due to the work put into the document, and even though not everyone will be happy with the new Code. He suggested that the PZC recommend modifications to Section 17.28.090 to Town Council for an emergency ordinance. Commissioner Prince stated that he was happy that people now care about the land use code updates. Commissioner Roubos stated that she would like to keep the process moving, but only to resolve the building permit issue and repeal Section 17.28.090, not rescind the PZC recommendation to approve the new Code. Commissioner Struve stated that the obstacle hinders development and that rescinding the PZC recommendation and revoking Sec 17.28.090 should be addressed by Council. Commissioner Green discussed the AIA views on code adoptions. He further stated that there are no moratoriums on development while new codes are adopted across the country. He felt that Sec 17.28.090 is archaic. Commissioner Goulding stated that 90% of the comments deal with the transition of the new Code. He stated that the best thing this body can do is to recommend to Council to amend the existing code. Commissioner Struve requested a second legal opinion on the PZC's ability to rescind their • vote. Commissioner Green moved: "in the strongest terms possible, the Planning and Zoning Commission request that the Town Council adopt an emergency ordinance to allow: 2117 1. Any complete application that has been submitted for approval prior to the effective date of the Avon Development Code shall be reviewed on accordance with the ordinance in effect on the date the application was deemed complete. Any re- application of an expired project approval shall meet the standards in effect at the time of re- application. • 2. Furthermore, Section 17.28.090 of the existing Municipal Code is repealed." Commissioner Struve seconded the motion and said he would like to modify the motion as follows: "in the strongest terms possible, the Town Council should adopt an emergency ordinance to:: 1. Allow any complete application that has been submitted for approval prior to the effective date of the Avon Development Code shall be reviewed in accordance with the ordinance in effect on the date the application was deemed complete. Any re- application of an expired project approval shall meet the standards in effect at the time of re- application. 2. Repeal Section 17.28.090 of the existing Municipal Code." Commissioner Goulding questioned the two sections relevant to the suspension of building permits. He stated section 17.28.040(b) also allows the town to revoke permits. He suggested that this section be included in the revocation of the existing code. Commissioner Green suggested the following language to be added, "Section 17.12.040(b) of the existing Municipal Code be repealed." Commissioners Greene and Struve agreed to the addition to the motion. It passed with a 6 -0 vote. b. Dominic Mauriello stated that the he knew he was expressing an unpopular position, but felt that he wanted the PZC to understand "why didn't they know about Sec 17.28.090 before they recommended adoption of the new Code ? ?" • VIII. Adjourn The meeting was adjourned at approximately 7:40 pm. • • EXHIBIT E WRITTEN PUBLIC COMMENTS RECEIVED AS JULY 23, 2010 0 27 Matt Pielsticker From: lerich@comcast.net Sent: Saturday, July 17, 2010 2:47 PM To: Matt Pielsticker Subject: P &Z Regs - Lot 21 Block 3 Hello Matt, I hope all is well. I read the minutes from the last meeting where new P &Z design regs were considered. A few months ago you and I briefly discussed the impact of further regulation. Specifically to Lot 21 Block 3. 1 have the following comments. You have on record the design for the single family house I designed and which had been approved. I believe you recall the constraints of that site. The only logical and safe place to access the site was at the north end, and the slope from east (uphill) downward to Wildridge Road was about 1:2. The site itself is somewhat imposing when one stands on the road and looks up hill to the east. The Wildridge Road cut created a wall of earth on the site, which if you are driving is what you see, not the hill or site. One has to make a conscious effort to turn the head 90 degrees and look up if you are driving to see the site. If a house were built that would no change. When one drives up the road because of the turn, and the steep road cut into the hill, one does not turn the head 90 degrees to look at the site, unless they want to run off the road. One might sense that a structure is there but the road cut is all you see, not the uphill or a house that might be on the site. The designed and approved house was about 80 feet long running with the site contours. It was also "buried" into the hill and met height regs. The P &Z goal to minimize site disturbance and the practicality /economy to build on the site "encouraged" the house to be close to the set back at the road and be linear. It was at the height limits and I would not deny it would make an "impression ", IF you turned your head 90 degrees. and then looked UP above the road cut. Please take a ride up there and you will see that for yourself. The minutes indicate that there should be further restriction upon the house length along the road and more restrictive height limits. The natural site constraints "force" a long design. The lot is zoned for a duplex. The logical response is a long side by side duplex. If you tried to put a side by side duplex in 80' (which is what the single house was) then to make reasonable 3 bedroom houses with garages they would have to be 3 stories. The proposed regs would make that impossible without stepping up hill and disturbing the site. Now further regs are proposed on height. When one combines a limit on road frontage length of the house, more restrictive height limits, minimization of site disturbance uphill, and this site's access limits the regs are approaching being so restrictive so as make it almost unbuildable for a reasonable three bedroom home, let alone side by side duplexes. 7/22/2010 Page 1 of • • 01 Page 2 of -To my mind it is so restrictive to be close to "taking of the property" and regulated into being undevelopable. The problem is that this is a pretty unique situation on Wildridge. I know of no other long narrow lots which, e n without a house are imposing from the road. requesting some consideration of the site's unique constraints which if more restrictive P &Z Design Regs are added make it much harder to develop a difficult site, if not almost impossible to develop marketable homes. It is a matter of great concern to me. Most respectfully and sincerely yours, Erich • U 7/22/2010 3 Avon Development Code July 11, 2010 David Dantas Notes for Discussion We should not be writing codes that create non conforming uses of the majority of the existing development in the residential areas. By doing this additional expenses will be created both by Town and the property owners. Town staff will have a much larger job evaluating remodels, redevelopment and new development. Page • 56. 10 acre minimum PUD requirement outside Town Core. 1. How can large changes be made that have not been contemplated in the code? • 2. Why any minimum? 3. Not a direction by Council 88. Leave single family detached in as special review use 144 -145 3iii Majority of residences do not conform, why change to 45' radius -very large? 147 Access Table- 20' perpendicular to Right of Way not practical. A large percent of existing properties will not conform. Creates unbuildable properties when combined with 6' maximum change in grade 174 Landscape units 1. What community uses this table 2. Does it take into account our dry climate 3. What current buildings satisfy these requirements 187 Retaining Walls 1. Why only two tiers? 191 40% slope conflicting zoning versus new code 1. Precedent set in Wildridge that development can occur on steep slopes a. to change would be a taking 40 0 • U • 192 Roof overhangs on dormers to be less than 1.5' for the main roof forms 1. Smaller element keep in proportion. 193 30' continuous roof line too small make 45' 193 Wildridge Single Family and Duplex 1. Approximately 15% left to full build out 2. Why make significant changes to penalize undeveloped property owners 3. Incentivize owners to make changes desired 194 Overall maximum height of 45' 1. What buildings are over this height today? a. how will they be dealt with in case of redevelopment or addition /remodel 197 -8 Town homes-Si ngle width parking configurations for 50% of units 1. Creates less desirable properties 201 Front Load Garages less than 35% of front facade 1. Is this linear or total front square footage a. recessed 4' extra cost? not needed 203 Mixed use 16' ceiling height, Is this excessive? 210 1.5' over hang- dormers? 211 Pedestrian level 75% glass? 211 L3 -10 square foot maximum individual pane size on upper level commercial 1. 2 x 5 window max.? seems very small 213 2 . slopes over 30% appeal to director? 214 3i. 40% slope, platted lot with zoning, building setbacks 3b. minimum lot size, why? 3d. 6' maximum lowering or raising of grade 1. makes lots unbuildable 2. Where is this coming from? 269 Building envelopes 7i more 40% slope regulations? Iii 80'x 80' minimum building envelope? 1. Hurd Lane Lot sizes? Some are narrower than this. 2. Discourages patio home /cluster, high density development 3. P &Z actions do not promote this change. Where is council? 3Z EXHIBIT F HEIL LAW & PLANNING, LLC MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: July 22, 2010 SUBJECT: Avon Development Code: Process for Adoption; Discussion of Section 7.04 General Provisions, 7.32 Annexation and Disconnection and 7.40 Areas and Activities of State Interest Summary: This memorandum explains various issues related to the draft Avon Development Code ( "Development Code "), Section 7.04 General Provisions, Section 7.32 Annexation and Disconnection, and 7.40 Areas and Activities of State Interest. The focus of this memorandum is to outline the process for adoption of the Code, explain the impact of the Code to pending and approved applications, address the supplemental recommendation from the Planning and Zoning Commission and highlight changes from the existing Code. Process for Adoption: Adoption of the Avon Development Code is governed by Chapter 17.28 of the existing Avon Municipal Code ( "Existing Code "). The Existing Code also provides that the subdivision regulations in Title 16 may be amended however, Section 16.04.90 does not provide any standards or procedures for such amendments. No changes or amendments are proposed for the zoning district map at this time, therefore, only the procedures related to amendments to the text of the zoning code apply. The Planning and Zoning Commission must conduct a public hearing on proposed zoning text amendments and must provide a recommendation to the Town Council.' The Town Council shall conduct a hearing after receiving the recommendations of the Planning and Zoning Commission .2 "Following the required hearing" and after considering comments, the Town Council shall approve, approve with conditions or deny the application, in whole or in part .3 The Town Council shall hold a hearing, "no later than thirty (30) days following the Planning and Zoning Commission action. "4 Amendments to the Existing Code and adoption of the Development Code is a legislative act and must be in the form of an ordinance pursuant to Avon Home Rule Charter ( "Charter") Section 6.1. The Town Council is required to conduct a public hearing on an ordinance after first reading, Charter Section 6.5. Note that Section 17.28.050(b) requires Council to conduct a public hearing within thirty (30) days of the ' Existing Code Section 17.28.050 2 Existing Code Section 17.28.060 3 Existing Code Section 17.28.060(b) 4 Existing Code Section 17.28.050(b) Heil law & Planning, «C Eric Heil, Esq., A.I.C.P, 1499 Blake Street, Unit 1 -G Tel: 303.975.6120 Denver, CO 80202 ehell @avon.org • 3Y Avon Town Council RE: Avon Development Code July 22, 2010 Page 2 of 3 Planning and Zoning Commission action and Council must conduct a public hearing for second reading of any ordinance. Council is not required to take action to adopt first reading of an ordinance at the first hearing scheduled for July 27, 2010. Council may continue first reading and continue any public hearings on either first reading or second reading provided that the Council announces the time, date and location for the continued hearing at each meeting. Changes in Chapter 7.04 General Provisions: There are numerous revisions in Chapter 7.04 General Provisions from the Existing Code. These changes are high- lighted as follows: §7.04.020 Authority. Language expands references to land use regulatory authority to include all relevant statutory citations. §7.04.030 Purposes. Language was revised to clarify and modernize the purposes of the Avon Development Code. §17.04.020 Purposes and §17.04.030 Intent were consolidated. NOTE that courts support considering "purpose language" when interpreting and applying code provisions. §7.04.040 Interpretation. Language was revised to incorporate additional rules for interpretation, including language from Colorado Model Land Use Code. NOTE that • §7.04.040(m) provides that the interpretation of the Director may be appealed to Town Council. §7.04.070 Applicability to Public Agencies. This is the same language as is currently in 17.04.080. NOTE: as written, the Development Code applies equally to all activities of the Town of Avon. By law, the Town may exempt itself from the application of its own municipal land use regulations; however, such exemption must be stated in the code. §7.04.100 Fees. This section provides a significant change to the Existing Code because it proposes a "pass through" fee account system whereby the Applicant must maintain a positive account balance and pay all costs associated with reviewing and processing a development application. The intent and effect of this change is that reviewing development applications would be "revenue neutral' for the Community Development Department. Identification of unusual costs or required studies would occur at the pre - application conference. The adoption of defined standards and procedural requirement enables applicants to submit complete applications which meet the criteria for approval and which should minimize town review costs. §7.04.190 Enforcement Authority and Procedures. This provision was expanded tc define enforcement procedures for non - emergency and emergency violations, §7.04.190(c). §7.04.200 Enforcement Actions and Remedies. Language was added to define the • ability of the Director or Town Attorney to enter into "compliance agreements" to resolve 1J- Avon Town Council RE: Avon Development Code July 22, 2010 Page 3 of 3 code violations. The ability pp to approve "compliance agreements" already exists in the • p 9 Y context of settling municipal court violation action. The ability to enter into compliance agreements administratively provides an option that reduces costs and expedites resolution of code violations. Chapter 7.36 Annexation and Disconnection. Chapter 7.36 adopts procedures for annexation and disconnection of property into or out of the Town of Avon. These regulations track the Colorado Model Land Use. Chapter 7.40 1041 Regulations. Chapter 7.40 adopts regulations for Areas and Activities of State Interest, otherwise known as 1041 regulations. These regulations are authorized pursuant to Colorado Revised Statute §24- 65.1 -101 et seq. As proposed, the 1041 Regulations would apply to site selection of arterial highways, interchanges and collector highways and to water and sewage treatment systems. Town Staff desires to review the 1041 Regulations with the Eagle River Water and Sanitation District and Upper Eagle River Water Authority to better understand the effect of this regulation. A more thorough presentation by staff is proposed for the August 10, 2010 Town Council meeting. Thanks, Eric • U 3 s� An I -3kt09 TOWN OF AVON, COLORADO ® ORDINANCE NO. 10 -14 SERIES OF 2010 AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY ENACTING TITLE 7: THE AVON DEVELOPMENT CODE; REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE 17: ZONING; AND, REPEALING PORTIONS OF TITLE 2: ADMINISTRATION AND PERSONNEL WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the use, subdivision and development of real property is provided by Article XX of the Colorado Constitution and the Town of Avon home rule charter; Article 65.1 Areas and Activities of State and Local Interest, Article 65.5 Notification of Surface Development, Article 67 Planned Unit Development Act of 1972, and Article 68 Vested Property Rights of Title 24, Colorado Revised Statutes; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised Statutes; and Article 12 Annexation — Consolidation — Disconnection, Article 15. Exercise of Municipal Powers, Article 16 Ordinances — Penalties, Article 20 Taxation and Finance, Article 23 Planning and Zoning, and Article 25 Public Improvements of Title 31, Colorado Revised Statutes; and other applicable state and federal laws and regulation; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code and after providing proper notice, the Avon Planning and Zoning Commission held public • hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public comments received and testimony and materials provided by Town Staff provided a recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and 17.28.090 of the Avon Municipal Code; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code and after providing proper notice, the Avon Town Council held public hearings on July 27, 2010; August 10, 2010; and and considered all public comments received and all testimony and materials provided by Town Staff prior to making a decision; and WHEREAS, the Town Council finds that the adoption of the Avon Development Code will implement the Avon Comprehensive Plan, including all related plans and amendments thereto, and will thereby promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; • Ord 10 -14 Adopting Avon Development Code 7 -22 -10 ejh Page 1 of 4 31 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN • OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repealed. The following portions of the Avon Municipal Code are hereby repealed in their entirety: Chapter 2.16 Planning and Zoning Commission; Chapter 2.20 Board of Building Appeals; Title 16: Subdivisions and Title 17: Zoning. Section 3. Enacted. Title 7: Avon Development Code, attached to this Ordinance as Exhibit A is hereby enacted. Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect • other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Ord 10 -14 Adopting Avon Development Code 7 -22 -10 ejh • Page 2 of 4 W 0 Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. • Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full and a statement that a complete copies of the International Building Codes adopted by reference are available for inspection for public inspection in the office of the Town Clerk during normal business hours and which notice shall contain . [signature page follows] • Ord 10 -14 Adopting Avon Development Code 7 -22 -10 ejh Page 3of4 "1 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for August 10, • 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on July 27, 2010. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on 52010. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk • Ord 10 -14 Adopting Avon Development Code 7 -22 -10 ejh is Page 4 of 4 L-o • NEIL LAW & PLANNING, LLC • MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: July 22, 2010 SUBJECT: Avon Development Code: Effect on Pending and Approved Applications Summary: This memorandum explains the effect of the existing zoning regulations and the proposed Development Code on pending and approved applications and addresses a supplemental recommendation from the Planning and Zoning Commission. Effect on Pending and Approved Applications: The amendment of existing land use regulations necessarily affects pending applications and approved development permits which have not yet been acted upon. There are three considerations for determining and applying the effect on pending and approved applications: (1) the provisions in the Existing Code, (2) the provisions in the proposed Development Code, and (3) the law in Colorado concerning pending applications and vested rights. (1) Existing Regulations: Existing Code sections 17.12.040(b) and 17.28.090 address approved development permits and pending applications. Existing Code section 17.12.040(b) follows the general law in Colorado. Existing Code section 17.28.090 adopts the "pending ordinance doctrine" only to the extent of suspending the issuance of building permits. The two sections are reprinted below for your convenience. 17.12.040 Revocation and invalidation of permits. (b) No permit issued pursuant to this zoning code shall remain in force and effect if the use or structure authorized therein becomes nonconforming; provided, however, if, subsequent to and in reliance upon the issuance of the permit, an applicant has so substantially changed his or her position or incurred extensive obligations and expenses that it would be highly inequitable and unjust to destroy the rights acquired by issuance of the permit, then such permit shall not be invalidated and the approved development shall be allowed to proceed to completion if not otherwise unlawful. • Heil Law & Planning, LLC Eric Heil, Esq., A.I.C.P. 1499 Blake Street, Unit 1 -G Tel: 303.975.6120 Denver, CO 80202 eheil @avon.org M Avon Town Council RE: Effect on Pending Applications and Approved Permits July 22, 2010 • Page 2 of 9 17.28.090 Temporary suspension of building permits. Whenever the Town Council or the Planning and Zoning Commission has properly initiated proceeding to amend the text of the zoning code or the zoning district map pursuant to the provisions of this Title, and the Planning and Zoning Commission has, subsequent to the public hearing, adopted a resolution recommending to the Town Council approval of such amendment, no building permits shall be issued by the Town Building Administrator which would be prohibited by the proposed amendment for a period of one (1) year following the date of such Planning and Zoning Commission resolution; provided, however, if the Town Council should, by resolution, refuse to further consider such amendment, or if an ordinance adopting the proposed amendment, or an amendment substantially similar to the proposed amendment, has not been passed by the Town Council pursuant to law within the one -year time period, all building permits applied for during such period, which otherwise conform to the existing zoning regulations, shall be issued, provided the building permit application meets all other regulations of the Town in effect at the time. Existing Code sections 17.12.040(b) and 17.28.090 relate to each other because section 17.12.040(b) provides that a building permit or other permit can be invalidated if such permit is not in compliance with a newly adopted zoning provisions. Therefore, section 17.28.090 properly prohibits the issuance of a building permit which is • inconsistent with zoning amendments recommended for adoption by the Planning and Zoning Commission. Under the Existing Code, the only permits which may retain their validation even if inconsistent with new code regulations include permits with statutory vested property rights (i.e. vested property rights approved by ordinance in accordance with Chapter 17.14) and permits with common law vested property rights in which the applicant has incurred substantial investment in reliance upon the permit. (2) Proposed Development Code: The proposed Development Code has more extensive provisions which govern the application of the new Development Code to pending applications and approved development permits. The relevant sections are reprinted for your convenience as follows: 7.04.100 Transition to Avon Development Code (a) Purpose. The purpose of this Section is to clarify the status of properties with pending applications or recent approvals, as those terms are used below, and properties with outstanding violations, at the time of the adoption of the Development Code. (b) Effective Date. The provisions of the Development Code became effective on [INSERT EFFECTIVE DATE]. Development plans approved under previous regulations that received vested property rights by approval of the Town Council by • ordinance shall be valid for the duration of that vested property right provided that all VAN Avon Town Council RE: Effect on Pending Applications and Approved Permits July 22, 2010 Page 3 of 9 isterms and conditions of such vested right approval are followed. Existing gh pp sting 1 d egal uses that may become nonconforming by adoption of this Development Code shall become legal nonconforming uses subject to the provisions of this Section. (c) Violations Continue. Any violation of the previous Titles 16: Subdivision, and 17: Zoning, shall continue to be a violation under the Development Code and shall be subject to the penalties and enforcement in this Chapter. (d) Preliminary Subdivision and PUD Approvals. Preliminary subdivision and preliminary PUD approvals granted prior to the effective date of the Development Code shall be considered as approved pursuant to the Development Code. Final approvals shall be required to comply with the application submittal requirements and development and design standards contained in the Development Code unless specific conflict provisions or standards were approved with a vested right by the Town by ordinance. Final approvals shall be reviewed according to the review criteria contained in this Development Code. Preliminary subdivision and PUD approvals granted under the previous regulations shall be valid for two (2) years from the date of approval unless a vested right providing a longer period was granted by the Town Council by ordinance. Failure to obtain a final plat or plan approval in the allowed time shall result in the expiration of the preliminary plan. • (e) Future Subdivisions. Large tracts or blocks of land contained within a recorded subdivision that were intended or designed for resubdivision into smaller tracts, lots, or building sites when originally approved, shall comply with all provisions of the Development Code. (f) Projects with Final Approval. Development projects with final approval that are valid on [INSERT EFFECTIVE DATE], shall remain valid until their termination date. Projects with valid approvals or permits may be completed in conformance to the development standards in effect at the time of approval. (g) Active Building Permits. Any building or development for which a building permit was granted prior to [INSERT EFFECTIVE DATE] shall be allowed to proceed to construction under the regulations in place when the building permit was issued. If the development for which the building permit is issued prior to [INSERT EFFECTIVE DATE] fails to comply with the time frames for development established for the building permit, the building permit shall expire and future development shall comply with the requirements of the Development Code. (h) Violations, Enforcement, and Penalties. A use, structure, or lot not lawfully existing at the time of the adoption of the Development Code is deemed lawful and conforming as of the effective date of the Development Code if it conforms to all of the requirements of the Development Code. Payment shall be required for any civil penalty assessed under the previous code, even if the original violation is no longer considered a • violation under the Development Code. 3 Avon Town Council RE: Effect on Pending Applications and Approved Permits July 22, 2010 Page 4 of 9 7.16.040(d) Temporary Suspension of Development Approvals. Whenever the • Council has initiated an application to amend the text of the Development Code, no development application may be approved nor building permit issued which does not comply with the regulations, standards, or permitted uses set forth in the proposed amendment. The date of such temporary suspension shall begin on the day that the proposed amendment is in a complete ordinance form and is made available to the public. The temporary suspension shall remain in effect for a maximum duration of six (6) months. The proposed Development Code establishes additional property rights protection because section 7.04.100 provides that the Town will not invalidate any final development approval (including Final Design Review approvals) and will not invalidate building permits issued before the effective date of the Development Code even if such approvals are inconsistent with newly adopted regulations. Also, proposed Development Code section 7.16.040(d) amends the trigger on temporary suspensions to rely upon Council action and introduction of an ordinance and reduces the potential time for Town Council to consider a text amendment to a code from 1 year to 6 months. As a Home Rule Community, Avon has broad legal authority to adopt regulations governing the transition from an existing code to a new code. Section 7.16.040(d) basically follows a provision for county planning authority which allows temporary suspension of permitting without conducting a public hearing for a period of 6 months.' (3) Colorado law: Colorado courts have recognized that a municipality may adopt and • apply new regulations to pending applications or approved development permits if no property rights have vested with the application or approval .2 "[The] authority to enact a zoning resolution, and thereby restrict the use of property, exists even though an application for a license involving that use is pending, the only proviso being that the Board had not unreasonably or arbitrarily refused or delayed issuance of the license." Crittenden v. Hasser, 585 P.2d 928 (Colo.App. 1978). Crittenden involved a liquor license which was submitted after a zoning amendment application was initiated. The County enacted new zoning which prohibited liquor sales on the subject property, then denied the liquor license application on the basis of the newly enacted zoning one month later. The Court in Crittenden recognized that the zoning resolution was pending at the time that the application for a liquor license was made. C.R.S., §30 -28 -121. Temporary regulations. The board of county commissioners of any county, after appointment of a county or district planning commission and pending the adoption by such commission of a zoning plan, where in the opinion of the board conditions require such action, may promulgate, by resolution without a public hearing, regulations of a temporary nature, to be effective for a limited period only and in any event not to exceed six months, prohibiting or regulating in any part or all of the unincorporated territory of the county or district the erection, construction, reconstruction, or alteration of any building or structure used or to be used for any business, residential, industrial, or commercial purpose. 2 See City of Aspen v Marshall, 912 P.2d 56 (Colo.1996). • `"9 Avon Town Council RE: Effect on Pending Applications and Approved Permits July 22, 2010 Page 5 of 9 • Colorado courts have also considered the abilit y to deny e y an application based on noncompliance with pending regulations, known as the "pending ordinance doctrine." The pending ordinance doctrine is stated as follows: The "pending ordinance doctrine" provides: A municipality may properly refuse a building permit for a land use repugnant to a pending zoning ordinance, even though application is made when the intended use conforms to existing regulations, and even though the application is made a considerable time before the enactment of the pending ordinance, provided the municipality has not unreasonably or arbitrarily refused or delayed the issuance of a permit, and provided the ordinance was legally "pending" on the date of the permit application. 8 Eugene McQuillin, The Law of Municipal Corporations § 25.155, at 691 (3d ed.1991) (footnotes omitted). The Colorado Supreme Court in City of Aspen acknowledged the "pending ordinance doctrine," but did not adopt this doctrine. The Colorado Appellate Court previously rejected the pending ordinance doctrine by stating, "As a general rule, the mere pendency of a zoning amendment at the time that an • application for a permit is made does not furnish a proper basis upon which to deny that application. In such instances, the issuance of the permit may be compelled by mandamus." 3 However, the Appellate Court went on to explain that the right to issuance of a permit does not equate to a vested right that such permit may not be revoked, "The present majority rule is that a landowner does not acquire a constitutionally protected vested right simply by the issuance of a permit. Rather, in order for the rights granted by a permit to vest, the permittee must take substantial steps to exercise those rights in reliance on the permit before the effective date of any new legislation that may affect those rights." The Appellate Court has found that substantial reliance on a permit would require at least excavation and foundation work. However, there is no fixed formula for determining whether or not a common law right has vested.4 The Existing Code section 17.28.090 essentially adopts and applies the pending ordinance doctrine to building permits in the Town of Avon. Generally, the issuance of a building permit alone does not give a vested property right. In Cline v City of Boulder, 450 P.2d 335 (Colo. 1969), a property owner received a building permit for a gas station by Boulder County, then upon forcible annexation by • 3 Gramiger v County of Pitkin, 794 P.2d 1045 (Colo.App. 1989) 4 Villa at Greeley v. Hopper, 917 P.2d 350 (Colo.App. 1996). Avon Town Council RE: Effect on Pending Applications and Approved Permits July 22, 2010 Page 6 of 9 the City of Boulder as an enclave, the City of Boulder zoned the property and revoked • the building permit for the gas station on the basis that the use was not permitted by the zoning adopted by the City. The Colorado Supreme Court upheld the revocation of the building permit in stating the following: 'The general rule is that permits for buildings and businesses are not per se protected against revocation in effect by subsequent enactment or amendment of zoning laws prohibiting the building, business or use for which they have been issued. That is to say, a municipality may revoke a permit where zoning is enacted or changed to prohibit the use and where the permitee has not materially changed his position in reliance on the permit. * * *' 8 McQuillin, Municipal Corporations § 25.156 (3d ed. 1965). In Summary, the Existing Code and the proposed Development Code contain provisions which attempt to define and clarify the application of these doctrines to pending applications and approved development permits. Council should also be aware that municipalities generally have the authority to impose temporary restrictions or moratoriums on development applications and permitting for planning purposes for up to two years and may impose such restrictions as an emergency ordinance (as the Town .did with medical marijuana dispensaries through the adoption of Ordinance No. 01 -10).5 Clarion Associates proposed language in their first draft which would have granted the right to all development applications to be processed and approved under the Existing • Code if such applications were submitted prior to the adoption and Effective Date of the Development Code by the Town Council. The language is reprinted below for your convenience and consideration. 16.01.90 (d) Applications Commenced or Approved Under Previous Ordinances (1) Pending Applications (i) Any complete application that has been submitted for approval, but upon which no final action has been taken by the appropriate decision - making body prior to the effective date of the Unified Code, shall be reviewed in accordance with the ordinance in effect on the date the application was deemed complete unless the applicant requests otherwise pursuant to paragraph (ii), below. If the applicant fails to comply with any applicable required period for submittal or other procedural requirements, the application shall expire and subsequent applications shall be subject to the requirements of the Unified Code. Any re- application of an expired project approval shall meet the standards in effect at the time of re- application. (ii) An applicant with a complete application that has been submitted for approval, but upon which no final action has been taken prior 5 See Droste v BOCC County of Pitkin, 159 P.3d 601 (Colo.2007); Dollaghan v County of Boulder, 749 • P.2d 444 (Colo.App.1987), Deighton v City Council of Colorado Springs, 902 P.2d 426 (Colo.App. 1994). EP Avon Town Council RE: Effect on Pending Applications and Approved Permits July 22, 2010 Page 7 of 9 • to the effective date of the Unified Code, may request review under the Unified Code by a written letter to the Director. Planning and Zoning Commission Supplemental Recommendation: The Planning and Zoning Commission expressed significant concern regarding the imposition and effect of Existing Code section 17.28.090 at their last meeting on July 20, 2010. Commission members stated that they were not aware of Existing Code section 17.28.090 and would not have made any recommendation on the Development Code until the Council repealed this section to avoid the imposition of any temporary suspension of building permits. The Commission asked if they could rescind their recommendation on July 6, 2010. My legal advice was that I did not believe they had the authority to rescind their recommendation and "undo" the effect of Section 17.28.090, but that I would research that matter further. I did advise the Commission that they could provide a supplemental recommendation to the Town Council with regard to the adoption of the Development Code. The Planning and Zoning Commission members present voted unanimously to recommend that the Town Council repeal Sections 17.28.090 and 17.12.040(b) of the Existing Code and allow all pending applications and applications submitted prior to the Effective Date of the Development Code to be processed under the Existing Code. The motion by the Planning and Zoning Commission is as follows: • "In the strongest terms possible, the Planning and Zoning Commission recommends that Town Council adopt an emergency ordinance to allow: 1. Any complete application that has been submitted for approval prior to the effective date of the Avon Development Code, shall be reviewed in accordance with the ordinance in effect on the date the application was deemed complete. Any re- application of an expired project approval shall meet the standards in effect at the time of re- application. 2. Section 17.28.090 and Section 17.12.040(b) of the existing Municipal Code be repealed." Council Options: Council has the discretion to adopt regulations that address the status of pending applications and approved developments. The following options exist: 1. Follow Existing Code provisions (New Development Code requirements and standards can be applied to pending applications after recommendation by Planning and Zoning Commission. Development Permits can be invalidated if (1) inconsistent with new Development Code and (2) the permit holder has not substantially relied upon permit or incurred extensive obligation. 2. Follow new Development Code provisions (New Development Code requirements and standards can be applied to pending applications after a formal • ordinance is introduced to public. Active building permits and projects with final I Avon Town Council RE: Effect on Pending Applications and Approved Permits July 22, 2010 Page 8 of 9 approval as of the Effective Date of the Development Code have a vested right for • the duration of such permit and may not be invalidated. The duration of permits is generally two years unless otherwise provided). NOTE: This approach avoids a race to submit applications to "beat the clock" but does honor existing building permits and final approvals issued by the Town. 3. Allow all applications submitted prior to adoption of new Development Code to be processed and reviewed in accordance with Existing Code (Clarion model). NOTE: This is the option which the Planning and Zoning Commission recommends in the strongest terms possible. This approach may result in a race to "beat the clock" where property owners seek to avoid requirements of the new Development Code by submitting applications prior to final adoption. 4. All applications which were submitted prior to presentation of the May 28, 2010 public hearing draft submitted to the Planning and Zoning Commission to be processed under Existing Code and applications submitted after such date to be processed under. Active building permits and final development approvals would not be invalidated. NOTE: This is a hybrid approach which would avoid a race "to beat the clock" but would treat pending and approved applications fairly. Other trigger dates to consider for adoption include the July 6, 2010 Planning and Zoning Commission recommendation date, the July 23, 2010 date in which an ordinance was made available to the public (this follows the • language of the proposed Development Code), or the July 27, 2010 Town Council First Reading and Public Hearing Date. RECOMMENDATION: Sections 7.04.100(f) and (g) of proposed Development Code would validate, honor and grandfather final development approvals and building permits issued prior to the effective date of the new Development Code. This provision is a change from the Existing Code which would automatically invalidate approvals and permits that did not comply with new regulations. If this is the direction which Council believes reflects the appropriate policy for Avon, then Council could consider an emergency ordinance to exempt Final Design Review and other Final Development Plan approvals and active building permits from the effect of sections 17.28.090 and 17.12.040(b) in the Existing Code. Emergency Ordinance: A draft of an Emergency Ordinance as requested by the Planning and Zoning Commission is presented for your consideration. An alternative draft is also presented which follows the language in the new Development Code. Section 6.6 of the Avon Home Rule Charter provides that an emergency ordinance may be adopted at one Council meeting by the "unanimous minus one vote of the Councilmembers present." Section 4.1 defines "Council" as all seven members, including the Mayor and Section 4.3 provides that the Mayor is elected from amongst the Councilmembers; however, Section 4.4 provides that the Mayor shall have no power to vote except in cases of tie votes: As applied, the "unanimous minus one vote of the Avon Town Council RE: Effect on Pending Applications and Approved Permits July 22, 2010 Page 9 of 9 • Councilmembers resent" effective) means that all Councilmembers resent besides p Y p the Mayor must vote in favor of the passage of an emergency ordinance. If an Emergency Ordinance is adopted on July 27, 2010, such ordinance would be effective 8 days after passage, or August 4, 2010. The Emergency Ordinance can also be adopted as a regular ordinance, in which case if second reading were passed on August 10, 2010, then the effective date would be August 17, 2010 (7 days after passage). Planning and Zoning Commission Authority to Rescind Recommendation: The Planning and Zoning Commission ask for a legal opinion regarding their authority to rescind their recommendation on July 6, 2010 and to effectively "undo" the imposition of a temporary suspension of building permits imposed by Section 17.28.090. The Existing Code section 2.16.070 states that the Commission shall operate in accordance with its own rules of procedure which have been reviewed and approved by the Town Council. Upon investigation with the Community Development Department, the only rules of procedure adopted by the Commission are the Town of Avon Residential, Commercial, and Industrial Design Review Guidelines, adopted November 6, 2001 and revised through September 25, 2007 ( "Design Review Guidelines "). The Design Review Guidelines do not address rules of procedure for making motions or rescinding motions by the Planning and Zoning Commission. Therefore, the Planning and Zoning • Commission does not have the authority to rescind a motion if such procedure has not been adopted by the Planning and Zoning Commission and the Town Council. Requested Council Action: Consider adoption of an Emergency Ordinance as recommended by the Planning and Zoning Commission or adoption of an Emergency Ordinance to immediately implement the proposed Development Code regulations concerning applicability to pending applications and active approvals. The Emergency Ordinances are attached to this memorandum. Thanks, Eric 9 TOWN OF AVON, COLORADO • ORDINANCE NO. 10 -15 SERIES OF 2010 AN EMERGENCY ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY REPEALING SECTIONS 17.12.040(B) AND 17.28.090 AND ENACTING SECTION 17.12.025 WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the use, subdivision and development of real property is provided by Article XX of the Colorado Constitution and the Town of Avon home rule charter; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised Statutes; and Article 15 Exercise of Municipal Powers, Article 16 Ordinances — Penalties, and Article 23 Planning and Zoning of Title 31, Colorado Revised Statutes; and other applicable state and federal laws and regulation; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code and after providing proper notice, the Avon Planning and Zoning Commission held public hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public comments received and testimony and materials provided by Town Staff provided a recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and 17.28.090 of the Avon Municipal Code and adopt provisions which validates all existing approved development and building permits and which permits all applications to be reviewed • according to the ordinance and regulations existing at the time such applications are submitted; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code, the Avon Town Council held a public hearing on July 27, 2010 and considered all public comments received and all testimony and materials provided by Town Staff prior to making a decision; and WHEREAS, the Town Council finds that due to the severe slowdown in national, regional and local economic conditions the validation of existing development and building permits and ability of pending development applications to proceed efficiently and without delay is essential to avoiding the exacerbation of adverse economic conditions or delay in improvement of economic conditions, and therefore finds that the adoption of this Ordinance as an emergency ordinance is immediately necessary for the preservation of the public peace, health, safety and welfare of the Avon community; and WHEREAS, this Emergency Ordinance is adopted by the unanimous vote of the Councilmembers present minus one in accordance with Section 6.6(a) of the Avon Home Rule Charter. an Ord 10 -15 Emergency Ordinance PZC Version 7 -22 -10 eJ h • Page 1 of 4 la • NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repealed. Section 17.12.040(b) and Section 17.28.090 of the Avon Municipal Code is hereby repealed in their entirety. Section 3. Enacted. Section 17.12.025 Applications is hereby enacted to read as follows: "17.12.025 Applications. Any complete application that has been submitted for approval prior to the effective date of the Avon Development Code or any amendment thereto, shall be reviewed in accordance with the ordinance in effect on the date the application was deemed complete. Any re- application of an expired project approval shall meet the standards in effect at the time of re- application." Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The • Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect eight days after passage in accordance with Section 6.6 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary • Ord 10 -15 Emergency Ordinance PZC Version 7 -22 -10 eJ h Page 2 of 4 for the preservation of health and safety and for the protection of public convenience and • welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full and a statement that a complete copies of the International Building Codes adopted by reference are available for inspection for public inspection in the office of the Town Clerk during normal business hours and which notice shall • contain . [signature page follows] Ord 10 -15 Emergency Ordinance PZC Version 7 -22 -10 e'h • g J Page 3 of 4 12 • INTRODUCED, APPROVED, AND ADOPTED ON FIRST AND FINAL READING AS AN EMERGENCY ORDINANCE on July 27, 2010. ATTEST: Patty McKenny, Town Clerk Ronald C. Wolfe, Mayor APPROVED AS TO FORM: Eric Heil, Town Attorney • Ord 10 -15 Emergency Ordinance PZC Version 7 -22 -10 eJ h Page 4 of 4 (3 TOWN OF AVON, COLORADO • ORDINANCE NO. 10 -15 SERIES OF 2010 AN EMERGENCY ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY REPEALING SECTION 17.12.040(B) AND AMENDING SECTION 17.28.090 WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the use, subdivision and development of real property is provided by Article XX of the Colorado Constitution and the Town of Avon home rule charter; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised Statutes; and Article 15 Exercise of Municipal Powers, Article 16 Ordinances — Penalties, and Article 23 Planning and Zoning of Title 31, Colorado Revised Statutes; and other applicable state and federal laws and regulation; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code and after providing proper notice, the Avon Planning and Zoning Commission held public hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public comments received and testimony and materials provided by Town Staff provided a recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and 17.28.090 of the Avon Municipal Code and adopt provisions which validates all existing approved development and building permits and which permits all applications to be reviewed according to the ordinance and regulations existing at the time such applications are submitted; • and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code, the Avon Town Council held a public hearing on July 27, 2010 and considered all public comments received and all testimony and materials provided by Town Staff prior to making a decision; and WHEREAS, the Town Council finds that due to the severe slowdown in national, regional and local economic conditions the validation of existing development and building permits and ability of pending development applications to proceed efficiently and without delay is essential to avoiding the exacerbation of adverse economic conditions or delay in improvement of economic conditions, and therefore finds that the adoption of this Ordinance as an emergency ordinance is immediately necessary for the preservation of the public peace, health, safety and welfare of the Avon community; and WHEREAS, this Emergency Ordinance is adopted by the unanimous vote of the Councilmembers present minus one in accordance with Section 6.6(a) of the Avon Home Rule Charter. Ord 10 -15 Emergency Ordinance Dev Code Version 7 -22 -10 ejh • Page 1 of 4 it • NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repealed. Section 17.12.040(b) of the Avon Municipal Code is hereby repealed in its entirety. Section 3. Amended. Section 17.28.090 Temporary Suspension of Building Permits is hereby enacted to read as follows: "17.28.090 Temporary Suspension of Development Approvals. Whenever the Council has initiated an application to amend the text of the Code, no development application may be approved nor building permit issued which does not comply with the regulations, standards, or permitted uses set forth in the proposed amendment. The date of such temporary suspension shall begin on the day that the proposed amendment is in a complete ordinance form and is made available to the public. The temporary suspension shall remain in effect for a maximum duration of six (6) months." • Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect eight days after passage in accordance with Section 6.6 of the Avon Home Rule Charter. • Ord 10 -15 Emergency Ordinance Dev Code Version 7 -22 -10 eJ h Page 2 of 4 l,j Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this • Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a • statement that a copy of the ordinance in full and a statement that a complete copies of the International Building Codes adopted by reference are available for inspection for public inspection in the office of the Town Clerk during normal business hours and which notice shall contain . [signature page follows] Ord 10 -15 Emergency Ordinance Dev Code Version 7 -22 -10 e'h • g J Page 3 of 4 /(;p • INTRODUCED, APPROVED, AND ADOPTED ON FIRST AND FINAL READING AS AN EMERGENCY ORDINANCE on July 27, 2010. ATTEST: Patty McKenny, Town Clerk LJ Ronald C. Wolfe, Mayor APPROVED AS TO FORM: Eric Heil, Town Attorney • Ord 10 -15 Emergency Ordinance Dev Code Version 7 -22 -10 eJ h Page 4 of 4 11 • Memorandum To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager ` From: Sally Vecchio, Asst. Town Manager — Community Development Date: October 19, 2010 Re: Second Reading of Ordinance 10 -14 Amending the Avon Municipal Code by Enacting Title 7: The Avon Development Code, Repealing Title 16: Subdivisions, Repealing Title 17: Zoning, and Repealing Portions of Title 2: Administration and Personnel. Summary This is the second reading by the Avon Town Council of Ordinance 10 -14, adopting the Avon Development Code and repealing Title 16 (Subdivision), Title 17 (Zoning) as well as related sections of Title 2 (Administration & Personnel), Title 5 (Building and Construction) and Title 8 (Health and Safety) of the Avon Municipal Code. Background On July 6, 2010, the Planning and Zoning Commission (PZC) approved Resolution 10 -03 recommending adoption of the Avon Development Code with conditions. The Town Council began its review of the Code on July 23, 2010. After considering the PZC recommendation and all public comments, the Council completed its review of the proposed Code on August 24'h and directed staff to prepare a revised Code for a first reading of Ordinance 10 -14, adopting the Avon Development Code. •The Council approved the first reading of Ordinance 10 -14 on September 28`h, and agreed to additional Code revisions as described in the Town Attorney's memorandum dated October 5, 2010, and the Community Development memorandum dated October 10, 2010. In addition, staff added a definition of "Out Parcel" and clarified that Revocation of a Final PUD (Sec 7.16.0600)), is applicable only to PUD's with an underlying zoning classification. Grammatical and typographically errors have also been corrected. Manager Comments: t Attachments: Exhibit A - Ordinance 10 -14 • TOWN OF AVON, COLORADO ORDINANCE NO. 10 -14 SERIES OF 2010 AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY ENACTING TITLE 7: THE AVON DEVELOPMENT CODE; REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE 17: ZONING; AND, REPEALING PORTIONS OF TITLE 2: ADMINISTRATION AND PERSONNEL WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the use, subdivision and development of real property is provided by Article XX of the Colorado Constitution and the Town of Avon home rule charter; Article 65.1 Areas and Activities of State and Local Interest, Article 65.5 Notification of Surface Development, Article 67 Planned Unit Development Act of 1972, and Article 68 Vested Property Rights of Title 24, Colorado Revised Statutes; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised Statutes; and Article 12 Annexation — Consolidation — Disconnection, Article 15 Exercise of Municipal Powers, Article 16 Ordinances — Penalties, Article 20 Taxation and Finance, Article 23 Planning and Zoning, and Article 25 Public Improvements of Title 31, Colorado Revised Statutes; and other applicable state and federal laws and regulation; and w • WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code and after providing proper notice, the Avon Planning and Zoning Commission held public • hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public comments received and testimony and materials provided by Town Staff provided a recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and 17.28.090 of the Avon Municipal Code; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code and after providing proper notice, the Avon Town Council held public hearings on July 27, 2010; August 10, 2010; August 17, 2010; August 24, 2010; August 31, 2010; September 28, 2010; October 12, 2010; and October 26, 2010, and considered all public comments received and all testimony and materials provided by Town Staff prior to making a decision; and WHEREAS, the Town Council finds that the adoption of the Avon Development Code will implement the Avon Comprehensive Plan, including all related plans and amendments thereto, and will thereby promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute • Ord 10 -14 Adopting Avon Development Code 10 -20 -10 ejh Page 1 of 4 e • a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repealed. The following portions of the Avon Municipal Code are hereby repealed in their entirety: Chapter 2.16 Planning and Zoning Commission; Chapter 2.20 Board of Building Appeals; Title 16: Subdivisions and Title 17: Zoning. Section 3. Enacted. Title 7: Avon Development Code, attached to this Ordinance as Exhibit A is hereby enacted. Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such • corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Ord 10 -14 Adopting Avon Development Code 10 -20 -10 ejh Page 2 of 4 Section S. No Existing Violation Affected. Nothing in this Ordinance shall be construed to • release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [signature page follows] • Ord 10 -14 Adopting Avon Development Code 10 -20 -10 ejh Page 3 of 4 • INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for October 26, 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on October 12, 2010. • • Brian Sipes, Mayor Pro -Tem Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on October 26, 2010. Brian Sipes, Mayor Pro -Tem Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Ord 10 -14 Adopting Avon Development Code 10 -20 -10 ejh Page 4 of 4 Sally Vecchio From: Chuck Madison [cmadison @eastwestpartners.com] • Sent: Thursday, October 21, 2010 9:48 AM To: Sally Vecchio Cc: Larry Brooks; Eric Heil Email Subject: Avon Development Code Sally, I noticed a couple of items in the land use code that you may want to take another look at: Pg. 158 7.28.090(8)(4) Townhouse Design Standards This section seems to encourage or require repetition of architectural elements "so it is evident where the unit begins and ends ". You may want to consider emphasizing the language that suggests varying the offsetting building walls, varying materials etc. and eliminating language that supports repetition of architectural elements. This would encourage more variety and architectural interest for the building elevations in townhome projects. Pg. 62 7.26.060(b)(5) Unified Control (of a PUD) This section reads in part "The entire area of the proposed development shall be under single ownership or unified control, such that there is a single entity having responsibility for completing the entire project." This seems too broad. Perhaps it is meant to say that a single ownership is responsible for the infrastructure of a PUD. Having a single ownership responsible for all infrastructure may even be difficult in some PUD's. • In the Riverfront PUD, we have sold two parcels of land to Starwood Vacation Ownership so we as the master developer are not "completing the entire project ". Hope these comments are helpful. chuck madison east west 970.748.7582 o 1970.845.7205 f po drawer 2770 1 126 riverfront lane 5th floor I avon, co 81620 www.eastwestparfners.com • A0 90'STUDIOS, INC. ARCHITECTURE i DESIGN i STRATEGY 10119110 To: Town Council —Town of Avon Re: Avon Development Code — September 21, 2010 TC Strikethrough Draft Review Commentary Page: l of 3 Upon a preliminary partial review of the referenced documents I respectfully submit the following comments for your consideration: Pg 24 Definition: Basement The International Building Code (IBC) defines basement as: BASEMENT. That portion of a building that is partly or completely below giode(see' 1101yobovegiodd'). 1 Even thought this is a land use code I believe that it is appropriate to have this type of definition coordinate with the building code that will govern the structure that will be built on the land the land use code governs. Pg 44/45 Include a definition for the term "Outparcel" • Pg 144 (6) Question the term "better" in line 5. Who determines what this means? Is it more efficient, safer, easier to access? Pg 145 (iii) There is no doubt that safety is a key concern in driveway design. This particular revised clause creates the unintended consequence of potentially creating larger (higher and longer) retaining walls to contain the driveway design required by this language. The Town of Avon Planning and Zoning Commission has been working to mitigate the visible impact of long and high retaining walls whether concrete, stone or MSE (Mechanically Stabilized Earth — commonly known as keystone blocks) as a significant concern in residential lot development specifically in Wildridge. There are alternatives to the proposed language that can meet both the safety and design criteria we all seek. Pg 157 (h) (iii) Why are we preventing property owners from removing dead plant materials from their site, or more specifically placing the control of that activity on the desk of the Community Development Director? This seems to be a very unnecessary bit of site control that does not currently exist. Pg 166 (9) To be sure I strongly support providing solar access to sites. When we use the language that is currently added in red in this specific section: "To ensure that optimal solar access and exposure is available for all sites and buildings." The following should be considered. 1 There is no definition for solar access in article 7.08.010 Without a definition of solar access the proposed language could be construed as protecting daylighting access to a ground floor retail space which could then be negatively impeded by proposed adjoining development that meets the entitled height and size criteria. This code should therefore probably clarify the type of solar access this language intends to address with this language: solar renewable, daylighting, public space access or other. agostudios.com • studio 1970174BI9474 fax 1910114819416 2909 June Creek Trail #1 PO Box 18451 Avon, Colorado 8 1610 AESTUDIOS, INC ARCHITECTURE i DESIGN i STRATEGY 10119110 To: Town Council —Town of Avon Re: Avon Development Code — September 27, 201OTC Strikethrough Draft Review Commentary Page: 2 of 3 Pg 167 2.v When terms such as... "fn an equitable manner." This is a subjective definition and should be more clearly defined to remove the subjective nature of this evaluation. Pg 170 (4) It is my professional opinion the language reading "The contrast between buildings and the environment shall be minimized" is unnecessary. This is covered in subsequent language of this article and article 4 iv in the some section. Pg 180 (3) ii Define Outporcels Pg 183 (4) 1 The term "positive' in line 2 is subjective and should be removed or more dearly defined Pg 187 (D) This language should note the primary entry to these spaces should be from the sidewalk and should not prevent secondary entry from a lobby or internal space. Pg 187 (H) I don't think prohibiting all glass or all metal doors does anything to improve the architectural character of Avon and would strongly urge this language be struck. Pg 188 (viii) A Line 4: How do we define fake or faux materials? Pg 188 (viii) B Masonry and Stone Veneer: This language overly regulates stone masonry, design, joints and types of coursing. I believe we are trying to encourage stone masonry and we should define the general manner in which we want to review the proposed masonry, rather than micro managing specifics. Pg 190 (ix) C I understand why this language is in this document but do not heel it adequately describes what the Town is attempting to achieve and would recommend the language be modified to more dearly identify the architectural character we seek. Pg 191(H)1 The language as currently written does not make compliance easy. Do we need a document from a window manufacturer to state their product was specifically designed for the project in which that window is being installed? Pg 191(H) 2 line 5: This does not complement the language previously cited on pg187 that prohibits all gloss or all metal doors. agostudios.com studio 1910114619414 fax 1910114819416 2909 June Creek Trail #1 F0 Box 18451 Avon, Colorado 81620 • • • 0 AJ�STUDIOS, INC ARCHITECTURE 1 DESIGN i STRATEGY 10119110 To: Town Council — Town of Avon Re: Avon Development Code —September 21, 2010 TC Strikethrough Draft Review Commentary Page: 3 of 3 Pg 192 (H) 3 Prescribing windows and limiting them to 25% to 50% of the upper facades is overly restrictive and does not necessarily support new daylight ing requirements of codes currently being developed that promote daylighting. Overly prescriptive language such as this should be replaced with language that more clearly defines intent and provides an opportunity to promote a performance based compliance path to the code. This type of language is being moved away from at a national code development level. Pg 22101 How will the council define that an entity has adequate funding for road maintenance in perpetuity? While I understand the concept the term perpetuity essentially means forever. Is that what is intended? • GENERAL 1 When we use subjective terms the code is more difficult to administer. I would recommend all subjective terms be removed from the proposed code language. Thank for t e opportu ity rovide this commentary / review for your consideration. Christopher J. Gr n, AIA, 4ED AP President opostudlos.com studio 1910114819414 fax 1910114819416 2909 Jose Creek Trail #I PO Box 18451 Avon, Womb 81620 HEIL LAW & PLANNING, LLC MEMORANDUM 0 TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: October 21, 2010 SUBJECT: Ordinance No. 10 -14 Adopting the Avon Development Code Summary: This memorandum describes the voting requirements and procedural considerations for second and final reading of Ordinance No. 10 -14 Adopting the Avon Development Code and describes the request and response for Town Staff analysis related to the Riverfront Village PUD. Voting Procedures: Section 6.2 Voting of the Avon Home Rule Charter ( "Charter ") states, "Every ordinance shall require the affirmative vote of a majority of the membership of the entire Council for final passage." Section 4.1 Town Council of the Charter defines Town Council as seven (7) members. In the absence of the Mayor, the Mayor Pro -Tem has the power to break tie votes but shall not have a vote as a council member when so acting, Section 4.5 Mayor Pro -Tem. Therefore, the passage of an ordinance on second and final reading requires the concurring affirmative vote of four (4) Council members NOT INCLUDING THE MAYOR PRO -TEM. Procedurally, in the event that there are not four (4) concurring votes to approve Ordinance No 10 -14 on Tuesday evening the following options remain: 1. Council can entertain a motion to reject Ordinance No 10 -14, which motion would only require a majority vote of the voting members of Council present (i.e. 3 concurring votes). If this motion passed then the process to amend the Avon Municipal Code would need to start at the beginning with a notice and public hearing by the Planning and Zoning Commission, public hearing by Town Council, and consideration of new ordinance. 2. Council can entertain a motion to continue the public hearing and consideration of Ordinance No 10 -14 on second and final reading to the next regular Town Council meeting on November 9, 2010. 3. Council can take no action, in which case Ordinance No 10 -14 would be deemed rejected and the process to amend the Avon Municipal Code would need to start at the beginning. East West Partners: East West Partners requested an analysis by Town Staff of the potential applicability of the Avon Development Code on the Riverfront Village PUD and subdivision. Attached is the response letter which has been provided to Rick Travers, representing East West Partners. Thanks, Eric Heil Law & Planning, IIC Eric Heil, Esq., A.I.C.P. 1499 Blake Street, Unit 1 -G Tel: 303.975.6120 Denver, CO 80202 eheil @ovon.org • • • r� u HEIL LAW & PLANNING, LLC Eric Heil, Esq., A.I.C.P. 1499 Blake Street, Unit 1 -G Denver, CO 80202 October 21, 2010 Richard D. Travers, Esq. Sherman & Howard L.L.C. 1000 S. Frontage Rd. W., Suite 200 Vail, CO 81657 Office: 303.975.6120 Fax: 720.836.3337 e -mail: ericheillaw @gmail.com Sent via E -Mail: rtravers(2shermanhoward.com RE: Riverfront Village PUD, Avon, Colorado Dear Rick, This letter responds to your request for an assurance by the Town of Avon that the Riverfront Village PUD project is vested as defined and stated in the Amended and Restated Development Agreement, The Confluence, dated March 14, 2006 ( "Development Agreement "). This letter replaces and supersedes the previous letter I provided dated October 13, 2010, based upon subsequent discussions. As you may be aware, the Town of Avon has adopted a number of amendments to the Avon municipal code since 2006, including revisions to the building code and vested property rights regulations. Also, the Avon Town Council is currently considering the adoption of an Avon :Development Code, which would revise and re- codify subdivision, zoning and certain administrative provisions of the Avon Municipal Code. The Development Agreement does establish a vested property right for a term of twelve years. Paragraph 3.4 of the Development Agreement states as follows: "3.4 Property Rights Vested. The rights identified below shall constitute the vested property rights under this Agreement: (a) The right to undertake and complete the development and use of the property within the Confluence in the manner and to the extent set forth in and pursuant to this Agreement and the Development Standards. (b) The Town shall not initiate any zoning or land use action that would have the effect of materially altering, impairing, preventing, diminishing, imposing a moratorium on development, or otherwise delaying the development and use of the property as set forth in this Agreement or the Development Standards." Rick Travers RE: Avon Development Code analysis October 21, 2010 Page 2 of 8 • The Development Agreement expressly allows the Town to apply newly enacted or revised regulations to the Riverfront Village PUD provided that such regulations do not materially impair the Owner's rights under the Development Agreement. Paragraph 3.8 states as follows: "3.8 Compliance with General Regulations. Except as otherwise provided in this Agreement or the PUD Development Plan, the establishment of vested property rights under this Agreement shall not preclude the application on a uniform and non - discriminatory basis of Town regulations of general applicability (including, but not limited to, building, fire, plumbing, electrical and mechanical codes, the Municipal Code, and other Town rules and regulations, except as otherwise provided in this Agreement and the PUD Development Plan) or the application of state or federal regulations, as all of such regulations exist on the date of this Agreement or as may be enacted or amended after the date of this Agreement, provided that such newly enacted or amended Town regulations shall not directly or indirectly have the effect of materially altering, impairing preventing, diminishing, imposing a moratorium on development, delaying or otherwise adversely and materially affecting any of Owner's rights set forth in this Agreement or the PUD Development Plan. Owner does not waive its right to oppose the enactment or amendment of any such regulations." [emphasis added]. Therefore, in accordance with the language in the Development Agreement, the Town may • apply newly enacted or amended regulations provided that such new regulations do not materially impair, etc., Owner's vested property rights. The terms of the Development Agreement and Development Standards in the Riverfront Village Subdivision PUD Development Plan ( "PUD Plan ") define the vested property rights, as stated in paragraph 3.4 of the Development Agreement. The application of new regulations which address matters that are not specifically defined in the Development Agreement or Development Standards in the PUD Plan and the determination of what constitutes a "material" impairment, etc., of vested property rights ultimately cannot be determined until a specific application is submitted and the Town of Avon renders a final decision on such application. I acknowledge that you have expressed a different opinion on behalf of East West Partners regarding the interpretation and application of vested property rights relative to the Riverfront Village PUD and that we continue to disagree as to the scope and effect of such vested property rights. Receipt by you of this letter and other recent communications discussing vested property rights will not be deemed to in any way limit East West's right to assert its position relative to these rights. With the foregoing in mind, this letter outlines the Town Staff's understanding of the existing approvals for the Riverfront Village PUD in relationship to the proposed Avon Development Code. The existing Avon Municipal Code is referred to as "AMC." The proposed Avon Development Code is referred to as "ADC." • Rick Travers RE: Avon Development Code analysis October 21, 2010 Page 3 of 8 • ADC 7.16.020 General Procedures and Requirements. The general procedures and requirements would apply to the Riverfront Village PUD with the exception that 7.16.020(h) does not supersede the twelve year vested property right term. ADC 7.16.060 Planned Unit Developments (PUD). Review Criteria — Overall, I believe the review criteria in the ADC address similar subjects in the AMC while improving the definition of such criteria. The PUD review criteria would only apply to the review of applications to amend the Riverfront Village PUD and would not apply to building permits, design review or other development application processes. A specific comparison of the PUD review criteria in the ADC to the AMC is provided as follows: 7.16.060(e)(4)(i) — replaces 7.20.110(h)(6) and (8) and 17.28.085(3). This criteria requires a finding that the PUD zoning is better than the underlying zoning. 7.16.060(e)(4)(ii) — this is a new criteria requires a finding that the PUD application would promote the general health, safety and welfare. NOTE: This criteria is redundant with a required general safety clause finding in the passage of ordinance, and is therefore intended as a reminder of this required general findings. • 7.16.060(e)(4)(iii) — in part, this provision is similar to 17.20.110(h)(1) (AMC states "conformity" with Comprehensive Plan goals and objectives, ADC states "consistent" with Avon Comprehensive Plan). Replaces 17.20.110(h)(2) "Conformity and compliance with ...design theme of the Town ...." Replaces 17.20.110(h)(7) compatible with Transportation plan. This criteria includes the purposes of the Development Code and the eligibility criteria in 7.16.060(b). 7.16.060(b)(4) and 7.16.060(e)(4)(vi) — replaces 17.20.110(h)(4). AMC states uses provide compatible, efficient and workable relationship; ADC states PUD uses shall not "impede" surrounding uses, and "not likely to result in significant adverse impact upon other property." 7.16.060(b)(8) and 7.16.060(e)(4)(v) — replaces 17.20.110(h)(5). AMC states identify, mitigate and avoid impacts to natural and/or geologic hazards; ADC states site features would be preserved which would otherwise be allowed by underlying zone district and "not likely to result in significant adverse impacts" on natural environment. 7.16.060(e)(4)(iv) — replaces 17.20.110(h)(10) and (11). AMC states "Adequacy of public services" and existing streets are "suitable and adequate." ADC states "will be available to serve the subject property while maintaining adequate levels of service to existing development;" 7.16.060(e)(4)(vii) — replaces 17.20.110(h)(3). AMC states, "Design compatibility with immediate environment, neighborhood and adjacent properties ...." ADC states, "uses ... will be compatible in scale with uses or potential future uses ..." Rick Travers RE: Avon Development Code analysis October 21, 2010 Page 4 of 8 • 7.16.060(b)(6) — replaces 17.20.110(h)(12) and 17.28.085. AMC demonstrates public purpose, provides long -term economic, cultural or social community benefits, and results in better design, etc. ADC states PUD provides benefit to general public which would otherwise be infeasible or unlikely under the existing zoning. 17.20.110(h)(9) regarding phasing is not incorporated into the ADC. 7.16.060(b)(5) establishes a new requirement that requires unified control of the PUD to complete the project. Administrative Amendments — The provisions of paragraph 3.2(b) in the Development Agreement supersede ADC 7.16.020(g) and therefore are not affected by the proposed Avon Development Code. Paragraph 3.2(b) in the Development Agreement would not restrict or prevent the owner of the Riverfront Village PUD from seeking administrative amendments in accordance with ADC 7.16.020(g). Revocation Procedures — 7.16.0600) Revocation of a PUD does not apply to PUDs with vested property rights; rather, revocation is intended to apply to situations where zoning is changed to PUD, the PUD is not constructed as proposed, and the Town desires to revoke the PUD and revert to the underlying zoning. 7.16.110 Variance. The review criteria are the same in the ADC as the AMC, with the • exception that 17.36.040(1) was not codified. 7.16.140 Vested Property Rights. AMC Chapter 7.14 Vested Property Rights was revised in 2006 and again in early 2009. The provisions for considering the forfeiture of a vested property right establish notice and hearing procedures to afford a property owner due process rights. The criteria for consideration of declaring a forfeiture tracks the language in the Vested Property Rights Statute, i.e., "failure to abide by the terms and condition of the vested property right." I acknowledge that you have expressed a different opinion on behalf of East West Partners with respect to vested property rights and that you have reserved rights on behalf of your client as discussed on page 2 of this letter. The Town recognizes that the obligations set forth in section 3.5 of the Development Agreement have been satisfied or are in compliance; therefore, the Town does not foresee any issues arising from a "failure to abide by the terms and conditions" of the Development Agreement. Chapter 7.20 Zone District and Official Zoning Map and Chapter 7.24 Use Regulations are not applicable to the Riverfront Village PUD. Chapter 7.28 Development Standards. is Rick Travers RE: Avon Development Code analysis October 21, 2010 Page 5 of 8 • 7.28.020 Parking and Loading. The Parking standards set forth in the Development Standards of the Riverfront Village PUD Plan supersede both the AMC and ADC with regard to "specific requirements by use" and with regard to the dimensional standards for Lots 1 and 3 (General: 3.) Due to the specificity of designs for Lot 4 and other information submitted during the approval process for the Riverfront Village PUD, the Town Staff has determined that the loading requirements in the proposed Avon Development Code are not applicable to Lots 4, 5, 6 and 7. 7.28.020(b)(5) Ownership. This provision would be applicable to the Riverfront Village PUD. Table 7.28 -1 would be applicable to the Riverfront Village PUD; however, the stall width would need to be scaled as applied to the Riverfront Village PUD to use the 8'9" wide stall width. NOTE: The ADC permits narrower drive lanes than the Riverfront Village PUD Plan. Many parking standards appear less stringent in the ADC (retail and office) and some standards are more stringent (2 spaces per residence in ADC rather than 1.2 in PUD Plan). 7.28.0200) Bicycle facilities, 7.28.020(k) Design and Maintenance, and 7.28.020(1) Snow Removal and Storage, would be applicable to the Riverfront Village PUD. Snow Storage is similar to the requirement set forth in the definition of Snow Storage in AMC 17.08.775. • 7.28.050(f) Parking Lot Landscaping establishes new standards for parking lot landscaping which replaces 17.24.020(a)(11). The AMC states that parking lot landscaping "shall be in keeping with the character of the Town." The ADC establishes specific standards. 7.28.030 Access Drive Requirements. The Riverfront Village PUD Plan designates the vehicle accesses on Page 3 of the Riverfront Village PUD Plan and the streets with driveway cuts have already been constructed. The ADC standards for vehicle access would not apply unless a substantial change in the location and/or use of the property was proposed. 7.28.040 Mobility and Connectivity. The Riverfront Village PUD already addressed this issue with overall site layout, pedestrian connection across the railroad, connection to the river trail through public plaza, and dedication of river front area. This standard is not applicable. 7.28.050 Landscaping. The landscaping standards found in the ADC are more restrictive and specific than those found in Title 17 and apply to all new development. The Riverfront Village PUD would meet the standards in the ADC provided the "master landscape and public design plan" referenced in General Note 15 on the PUD (Riverfront Subdivision and PUD Development Plan, Ord. 06 -03) is implemented with new development in the PUD. 7.28.060 Screening. The ADC contains greater specificity than Title 17 and would apply to new development in the Riverfront Village PUD except as otherwise depicted on the "master landscape and public design plan" referenced in General Note 15 on the Riverfront Village • PUD. Rick Travers RE: Avon Development Code analysis October 21, 2010 Page 6 of 8 7.28.070 Retaining Walls. The standards in the ADC are less stringent than the existing AMC. The new retaining wall standards would be applicable to the Riverfront Village PUD except as otherwise specified on Sheet 2 of the Riverfront Village PUD (I1.4 and II.C.2) and according to General Note 15 on the Riverfront Village PUD, as stated above. 7.28.080 Fences. This provision would apply to the Riverfront Village PUD. 7.28.090 Design Standards. Neither the Development Agreement nor the Riverfront Village PUD Plan includes a clear statement as to the relationship or hierarchy of the Design Standards on Sheet 2 of the Riverfront PUD Plan. The Development Agreement expressly references the "Development Standards" rather than the " Riverfront PUD Plan" (see Development Agreement paragraphs 3.3 and 3.4). Regardless of whether the "Design Standards" are vested, the Design Standards are approved in the Riverfront Village PUD Plan; therefore, the Riverfront Village PUD Plan Design Standards apply so long as the PUD zoning is in effect. I acknowledge that you have expressed a different opinion on behalf of East West Partners regarding the interpretation of whether the Design Standards are vested under the Development Agreement and that you have reserved rights on behalf of your client as discussed on page 2 of this letter. • Due to the extensive and specific nature of the Design Standards on page 2 of the Riverfront Village PUD Plan many aspects of design as set forth in the existing Design Guidelines and proposed Design Standards in the ADC are addressed in the Riverfront Village PUD Plan Design • Standards. Most of the requirements in 7.28.090(c) Generally Applicable Design Standards are not applicable because these design issues have been addressed and approved in the Riverfront Village PUD, including: (1) Site Disturbance Envelope, (2) Site Design, (3) Building Materials and Colors, and (4) Roofs 7.28.090(c)(5) Weather Protection for Pedestrian Access would apply to the Riverfront Village PUD. 7.28.090(d) Generally Applicable Residential Design Standards. These standards would only apply to the townhome portion of the Riverfront Village PUD. Most aspects of the Residential Design Standards are already addressed in the Riverfront Village PUD Design Standards, and are therefore not applicable. 7.28.090(d)(4)(v) [materials for fences] is not addressed in the Riverfront Village PUD Design Standards, therefore this standard would be applied the Riverfront Village PUD for the townhome portion of the development. • r Rick Travers RE: Avon Development Code analysis October 21, 2010 • Page 7 of 8 7.28.090(h) Multi- Family Design Standards. This design standard in the AMC would only potentially apply to residential development on Lots 4, 5, 6 and 7. (1) Site Layout is not applicable because the building footprints are already designated on the Riverfront Village PUD Plan. (2) Patios and Balconies would be applicable for residential development. This requirement would not apply to "accommodation units" as defined in the ADC. The ADC establishes an Alternative Equivalent Compliance process whereby an applicant can propose alternatives to the balcony requirement. (3) Common Areas would apply; however, any residential development on Lots 4, 5, 6 and 7 would be entitled to apply any common area, patio and /or balcony area in the Riverfront Village PUD project. (4) Building Design would apply as supplemental requirements; however, Town Staff acknowledges and understands that the Design Standards on page 3 of the Riverfront PUD permits architectural variation from the hotel and accommodations development on Lots 1, 2 and 3 with the architecture on Lots 4, 5, 6 and 7. 7.28.090(i) Residential Parking Location and Layout. These standards would not apply because they would only be potentially applicable to Lots 5, 6 and 7 which already indicate building layout, driveway accesses and garage orientation. 7.28.0906) Mixed -Use and Non - Residential Design Standards. The standards set forth in this section are not applicable because they are already addressed in the Riverfront Village PUD • Plan, including (3) Site Layout and Design, (4) Building Layout and Design, and (5) Scale and Massing, with the exception that the application of 7.28.090(4)(vii) Storefronts and Pedestrian Entrances would be applicable for mixed -use, non - residential development on Lots 4, 5, 6 and 7 because this level of detail has not yet been addressed. 7.28.100(a) Steep Slopes is not applicable to the Riverfront Village PUD because the Town has already approved the subdivision and PUD Plan with building footprints sited. The steep slope standards in ADC 7.28.100, 7.28.090, 7.28.030, 7.28.020 and other provisions of the ADC discussing steep slopes would also not apply to applications for minor subdivision, major subdivision, adjustments to interior side lot lines on Lots 4, 5, 6 and 7, or amendments to the Riverfront Village PUD which collectively or individually do not propose increases to maximum density or maximum site coverage. 7.28.100(b) Stream, River, Waterbody and Wetlands is not applicable to -the Riverfront Village PUD project because river set back and protection has already been addressed. 7.28.100(c) Grading, Erosion Prevention and Sedimentation Control would be applicable to the Riverfront Village PUD. 7.28.100(d) Flood Damage Prevention is not applicable to the Riverfront Village PUD because the platted lots do not include any floodzone areas. • 7.28.100(e) Geologic Hazard Areas is not applicable to the Riverfront Village PUD because the property is subdivided and there are no known geologic hazard areas. Rick Travers RE: Avon Development Code analysis October 21, 2010 Page 8 of 8 • 7.28.100(f) Scenic Views is a reserved heading with no regulations and is therefore not applicable. 7.28.100(g) Alternative Energy System Standards would only apply if the Riverfront Village PUD proposed to develop alternative energy systems. 7.32.020 Layout and Design is not applicable because the Riverfront Village PUD is already subdivided. 7.32.030 Streets is not applicable because the streets are already constructed. 7.32.040 Paved Trail Design is not applicable because the trail has already been constructed. 7.32.050 Storm Water Drainage is not applicable because storm water infrastructure is already approved and installed. 7.32.060 Utility Requirements is not applicable because utilities are already installed. 7.32.070 Water and Sewer Service is not applicable because water and sewer service is already installed. • 7.32.080 School Site Dedication is not applicable because the property is already annexed and subdivided. 7.32.090 Park Land Dedication is not applicable because the project is already subdivided. Please feel free to contact me if you have any questions regarding this letter or wish to discuss the applicability of the pending Avon Development Code to the Riverfront Village PUD proj ect. X �� l, Avon Town Attorney I have reviewed this letter and concur with the statement provided herein as the Director of Community Development f r-rhA Town of Avon. rry Brooks, Tow--- Manager on Behalf of e Avon Community Development Department • Memorandum To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager From: Sally Vecchio, Asst. Town Manager — Community Development Date: September 21, 2010 Re: Public Hearing to Consider First Reading of Ordinance 10 -14 Amending the Avon Municipal Code by Enacting Title 7: The Avon Development Code, Repealing Title 16: Subdivisions, Repealing Title 17: Zoning, and Repealing Portions of Title 2: Administration and Personnel. Summary This is the first reading by the Avon Town Council of Ordinance 10 -14, enacting the Avon Development Code and repealing Title 16 (Subdivision), Title 17 (Zoning) as well as related sections of Title 2 (Administration & Personnel), Title 5 (Building and Construction) and Title 8 (Health and Safety) of the Avon Municipal Code. Ordinance 10 -14 is attached as Exhibit A. Written public comments received by the Community Development Department before 5:00 pm on September 23, 2010 are attached as Exhibit B. Written comments received after this time will be provided to Council at the meeting. Background On July 6, 2010, the Planning and Zoning Commission (PZC) approved Resolution 10 -03 (Exhibit C) recommending adoption of the Avon Development Code with conditions. The Town Council began its review of the Code on July 23, 2010. After considering the PZC recommendation of approval and all public comments the Council completed its review of the proposed Code on August 24, 2010 and directed staff to prepare a revised Code for a first reading to consider Ordinance 10 -14, adopting the Avon Development Code. All written public comments provided during the Council review can be found on the Town's webpage. SUMMARY OF KEY REVISIONS Below is summary of the key revisions to the Code that the Council agreed on hearing staff recommendations and public comments. Additional background information is also provided for the following Code revisions: the new Housing Mitigation requirement for commercial development, the Duplex Subdivision Criteria, and the Design Standards. GENERAL PROVISIONS (Chapter 7.04) Clarifies that the Avon Comprehensive Plan is binding, and that compliance and consistency with the Plan shall be a criterion for reviewing development applications (Sec 7.04.090). Non - Conforming Structures (Sec 7.04.120)). Revised to allow additions or alternations to non - conforming structures which meet the requirements of the new Code. DEVELOPMENT REVIEW PROCEDURES (Chapter 7.16) Referrals to Other Agencies (Sec 7.16.020(c)(2)). Includes timeframe for outside agency review. Public Notice (Sec 7.16.020(d)(2)). Revised to require Town to be responsible for mailing public notices at applicant's expense. Public Hearing (Sec 7.16.020(e)). Revised to require scheduling of a public hearing within 75 day of Town acceptance of a complete application. Code Text Amendment (Sec 7.16.040) Revised to permit Avon property- owners and any registered elector to propose an amendment to the Development Code. Planned Unit Development (Sec 7.16.060) • Revised to permit all property in the Town to be eligible to apply for a PUD approval; • Revised to allow a PUD approval to include reduced parking requirements and road pavement widths. Subdivisions (Sec 7.16.070) • Applicability expanded to include subdivision of condominiums, apartment or other multiple dwelling units, or the creation of estate in airspace. • Duplex Subdivision has been added as a subdivision category requiring Final Plat approval by the PZC with appeal to the Town Council. • Ability to Service letter from appropriate utilities required for Final Plat approval. • Duplex Subdivision Criteria (Sec 7.16.070(8)). A purpose statement has been included, along with a minimum lot size and maximum unit size requirement, building envelope requirements, a neighborhood compatibility requirement, and a single access requirement. Duplex Subdivisions During it review of the Code, the Council directed staff to work with PZC to develop criteria that would address the past problems that property - owners and the Town have encountered with considering whether to approve a subdivision of duplex lot into to two single - family lots. Council noted that his has been a particular concern in the Wildridge community, which is governed by development regulations of the Wildridge PUD. If a duplex lot is part of an approved PUD, such as the Wildridge PUD, the change in use and housing type from duplex use to single family use may require a PUD amendment before a Final Plat is approved. The Town's current PUD amendment process requires that the amendment or change in the PUD provide a public benefit, in accordance with the Sec 17.28.085, AMC. The public benefits criteria have historically been addressed by the applicant offering to give up some density rights or to provide a deed - restricted unit in exchange for a re- subdivision. The public benefit criteria are difficult to address with a duplex subdivision given the low density to begin with. In addition, residents in Wildridge have expressed concerns that such subdivisions only create more large clustered homes, which is inconsistent with the primary tenets of the Wildridge Design Guidelines, which are to preserve existing land forms and minimize the visual impact of development. The proposed PUD Amendment process requires approval by the Town Council but does not include the public benefit requirement. The Final Plat process for Duplex Subdivision has been revised to require approval only by the PZC. These processes provide sufficient opportunity for public review and evaluation of the specific site considerations and the proposed development criteria. The criteria for reviewing a Duplex Subdivision was base on what PZC believed to be the purpose of permitting such subdivisions, which is to break up the bulk and mass of larger duplex structures, and to ensure adequate separation between the proposed single family homes. 2 Appeal Procedures (Sec 7.16.160) have been clarified to require Council to conduct a public hearing within 45 days of a written request for appeal. ZONING DISTRICTS AND OFFICIAL ZONING MAP (Chapter 7.20) Mixed Use Commercial Districts (Sec 7.20.080) The following revisions were made to all three commercial zone districts (Neighborhood Commercial, Mixed Use Commercial and Town Center): • Floor Area Ratios (minimum and maximum) and Max Dwelling Unit requirements were removed and a provision added that dedication of water rights was a requirement for development which exceed the Single Family Equivalent (SFE) water right allocations for the lots. • Maximum Lot Coverage was reduced back to existing conditions with a provision that would allow greater lot coverage if employee housing is provided in accordance with the development bonus criteria. • In the Town Center Zone District - development which exceeds 50% lot coverage must meet the Housing Mitigation Requirements (Sec 7.20.080 (c)(1), which requires mitigation in the amount of 10% of the estimated number of employees generated by the development. On -site mitigation is preferred, although the Council may consider off -site housing or cash -in -lieu. • The Development Bonus Requirements were removed. COMMERCIAL ZONE DISTRICTS & HOUSING MITIGATION REQUIREMENTS The Council did not find that the FAR and Bonus Development provisions furthered the Town's goals of providing more density and affordable housing opportunities in the Town's commercial areas (particularly Town Center Accordingly, the Council directed staff to revise the Commercial Zone District regulations to 1) permit increases in residential density with sufficient water rights and 2) to allow development to build up to the maximum height, setbacks and lot coverage of the zone district, without having to provide a public benefit. If a development wants to modify the zone district regulations, then the PUD process is available. In addition, the Council felt that commercial development projects should be required to mitigate housing demand created by their projects, rather than making it a public benefit option associated with a development bonus for the project. Accordingly, a Housing Mitigation Requirement was included in the Code, which is triggered when a developer wants to increase the maximum lot coverage requirements. In this case, an applicant would be required to provide housing sufficient to mitigate at least 10% of the estimated number of employees generated by the development. DEVELOPMENT STANDARDS (Chapter 7.28) Driveways in Mountainous Terrain (Sec 7.28.030(d)(2). • Applicability was revised to include lots with slopes in excess of 30% (previously 50 %). • The criteria for driveways crossing steep slopes were revised and the approval was changed from Town Engineer to PZC. • The length of shared drive lanes was increased from 500 ft to 1,000 ft. Mobility and Connectivity (Sec 7.28.040) • Weather Protection for Pedestrian Areas was moved to Design Standards. 3 Landscaping (Sec 7.28.050) • Permission from Director required prior to removing any native landscaping (dead or alive). • Retaining Walls. Limit on number of terraces removed, and walls over 7ft high are permitted with PZC approval. Design Standards (Sec 7.28.060) • Optimal solar access was added to list of purpose statements. • Generally Applicable Standards • Construction activity is permitted in Site Disturbance Envelope with PZC approval. • Building Materials — requirement that all structures must include at least 2 exterior materials, deleted. Cementious board added to permitted materials. • Weather Protection for Pedestrian Areas added (moved from Mobility /Connectivity). • Maximum Length of Roofline removed. • Materials and Colors added. • Residential Design • Maximum Building Length removed. • Building Height on Steep Slopes was revised. Specific setback requirements were removed, and pictures of preferred design were added. • Building Design. Specific dimensional requirements were removed, and pictures of preferred design were added. • Material and Colors moved to General Design Standards. • Single Family Duplex Design. Specific dimensional requirements for front door entries were removed, and pictures of preferred design were added. • Townhouse Design. Specific dimensional requirements for front door entries landscaped areas, garage configurations, driveways, and building design were removed, and pictures of preferred design were added. • Multifamily Design. Specific dimensional requirements for front door entries landscaped areas, garage configurations, driveways, and building design were removed, and pictures of preferred design were added. • Residential Parking. Specific dimensional requirements were removed, and pictures of preferred design were added. • Mixed -Use and Non Residential Design. • Four sided Architecture, revised to design with "equal care ". • Consistent Architectural Design changed to Compatible Design. • Vertical and Horizontal Articulation changed to Scale and Massing. • Entrance Orientation changed to Storefronts and Pedestrian Entrances. ■ Storefront entrance intervals changed from 50 ft to 32 ft. • Building Materials was revised to require materials that are authentic and used to reflect their own identity. • Roofs. Pitched roofs required and overhang length revised. • Windows. All building along Main St., Benchmark Rd., Lettuce Shed Lane and E. Beaver Creek Blvd. shall incorporate large display windows at ground levels. All dimensional requirements removed. • Deck and Balconies revised to require solar orientation when possible. DESIGN STANDARDS The Council agreed that including design standards for new development in the proposed Code was the most effective way of implementing the Town's goals for land use and development. Council further agreed that the design standards should be revised to provide a more general statement of intent, remove most dimensional requirements, and provide pictures and diagrams to show preferred and not preferred design options. The Design Standards have been revised and pictures and diagrams related to specific standards can be found in Appendix A Residential Design Guidelines and Appendix B Commercial Design Guidelines. Natural Resource Protection (Sec 7.28.100) • Steep Slopes: Applicability changed to new subdivisions and rezonings and includes all lots with 30% slopes. Cuts shall not exceed a slope between 25% and 50% without soils engineering approval. • Streets Roads General Site Access. Max, street length requirement for streets on steep slopes removed. Approval for streets on steep slopes changes from Director to PZC. • CORRECTION: SECTION 7.28.100(a)(3) (i) Standards. Development on natural slopes of 40% or greater is prohibited for new subdivisions. PUD amendments and zoning amendments. • Riparian Protection Buffer o Revised to give Director the authority to request a survey of riparian zones for PUDs, subdivisions and rezoning applications. Clarified method for controlling and maintaining noxious weeds. • Grading, Erosion Prevention and Sedimentation Control • Applicability changed from disturbing more than % acre to'/ acre. • Cut and Fill. Retaining walls and other similar methods may be used to stabilize slopes steeper than 2:1 (changed from 3:1). ENGINEERING IMPROVEMENT STANDARDS (Chapter 7.32) • Lots. Applicability change to exclude condominium and duplex subdivisions in conformance with their preliminary plan. • Building Envelopes. Clarified that regulations apply to all lots with natural hazards, slopes steeper than 30 %, or floodplains. Size of building enveloped revised to 2,500 sf with a minimum dimension of at least 25 ft. • Streets. Definition of Neighborhood Street added. • Right of Way. Approval of private right -of -way requires evidence of adequate funding for continued and on -going operations and maintenance. • Water Supply Requires applicant to obtain conditional ability to serve letter at preliminary review. Adequacy of Water Supply shall be based on per capita water usage for residential uses less than 3,000 sf and engineer calculations for other uses. • School Sites. Added Charter Schools an entity that the Town may convey a school site to, with conditions. Cash -in -lieu criteria revised and Use of Funds clarified. • Park Land Dedications. Public cemetery added as acceptable use for dedicated park land. Cash —in- lieu procedures revised to include how the funds may be used (Use of Funds) and the process for the payor of cash -in -lieu funds to the Town to demand that the town expend the funds (Demand for Expenditure or Reimbursement). • A process and standards for the Conveyance of Public Right of Way and Land was added. 1041 REGULATIONS • Additional Provisions Applicable to Major Facilities' of a Public Utility added. Recommended Action: Staff believes that the Code has adequately addressed the objectives of the Code revision project and has provided sufficient opportunity for public review and comment. Staff therefore recommends that Council approve Ordinance 10 -14 on its first reading. Town Manager Comments: 5 Exhibit A TOWN OF AVON, COLORADO ORDINANCE NO. 10 -14 SERIES OF 2010 AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY ENACTING TITLE 7: THE AVON DEVELOPMENT CODE; REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE 17: ZONING; AND, REPEALING PORTIONS OF TITLE 2: ADMINISTRATION AND PERSONNEL WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the use, subdivision and development of real property is provided by Article XX of the Colorado Constitution and the Town of Avon home rule charter; Article 65.1 Areas and Activities of State and Local Interest, Article 65.5 Notification of Surface Development, Article 67 Planned Unit Development Act of 1972, and Article 68 Vested Property Rights of Title 24, Colorado Revised Statutes; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised Statutes; and Article 12 Annexation — Consolidation — Disconnection, Article 15 Exercise of Municipal Powers, Article 16 Ordinances — Penalties, Article 20 Taxation and Finance, Article 23 Planning and Zoning, and Article 25 Public Improvements of Title 31, Colorado Revised Statutes; and other applicable state and federal laws and regulation; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code and after providing proper notice, the Avon Planning and Zoning Commission held public hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public comments received and testimony and materials provided by Town Staff provided a recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and 17.28.090 of the Avon Municipal Code; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code and after providing proper notice, the Avon Town Council held public hearings on July 27, 2010; August 10, 2010; August 17, 2010; August 24, 2010; August 31, 2010; September 28, 2010; and October 12, 2010, and considered all public comments received and all testimony and materials provided by Town Staff prior to making a decision; and WHEREAS, the Town Council finds that the adoption of the Avon Development Code will implement the Avon Comprehensive Plan, including all related plans and amendments thereto, and will thereby promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute Ord 10 -14 Adopting Avon Development Code 9 -23 -10 ejh Page 1 of 4 a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repealed. The following portions of the Avon Municipal Code are hereby repealed in their entirety: Chapter 2.16 Planning and Zoning Commission; Chapter 2.20 Board of Building Appeals; Title 16: Subdivisions and Title 17: Zoning. Section 3. Enacted. Title 7: Avon Development Code, attached to this Ordinance as Exhibit A is hereby enacted. Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Ord 10 -14 Adopting Avon Development Code 9 -23 -10 ejh Page 2 of 4 Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication by PostinE. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [signature page follows] Ord 10 -14 Adopting Avon Development Code 9 -23 -10 ejh Page 3 of 4 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for October 12, 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on September 28, 2010. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on )2010. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Ord 10 -14 Adopting Avon Development Code 9 -23 -10 ejh Page 4 of 4 Exhibit B No Public Comments Received as of 9/24/2010 Exhibit C 'SOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 10-03 A RESOLUTION RECOMMENDING APPROVAL OF AVON DEVELOPMENT CODE, REPEALING AND RE- ENACTING TITLE 16: SUBDIVISIONS, AND TITLE 17: ZONING; AMENDING PORTIONS OF TITLE 2: ADMINISTRATION & PERSONELL, AND TITLE 15: BUILDING, AVON MUNICIPAL CODE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Planning & Zoning Commission is appointed by Town Council to review, make recommendations, and guide and accomplish a coordinated, adjusted and harmonious development of the municipality and its environs, and WHEREAS, the Town's zoning code and subdivision regulations have not been comprehensively amended or revised since they were first adopted by the Town in 1979; and WHEREAS, the calls for a comprehensive amendment of the zoning code and subdivision regulations are long standing and evidenced by the recommendations of the 2006 Avon Comprehensive Plan and other planning documents; and WHEREAS, in 2008, the Town Council appointed a Zoning Advisory Committee comprised of community representatives, including home builders, developers, planners, architects, and elected and appointed officials; and WHEREAS, the Town Council with the assistance of the Zoning Advisory Committee, zoning consultants, and town staff conducted a through analysis of the current code, including interviews with citizens and users of the code; and developed a strategic plan for revising the regulations; and WHEREAS, the Planning & Zoning Commission and Town Council held a series of eight public workshops in April, May and June 2010 to review the initial draft of the Code; and WHEREAS, a public hearing was held by the Planning & Zoning Commission on June 15 and July 6, 2010, pursuant to notices required by law; and WHEREAS, the Avon Development Code is consistent with purpose and intent of Title 17.28 of the Avon Municipal Code regarding amendments to its zoning regulations. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby recommends approval of the Avon Development Code, attached hereto as "Exhibit A ", citing the following findings: 1. The Avon Development Code is consistent with the 2006 Avon Comprehensive Plan, The West Town Center Investment Plan; and The East Town Center Investment Plan; and the adoption of the Code is necessary and desirable to effectively implement the policies and vision of these adopted plans. 2. The Avon Development Code is necessary to respond to changed or changing conditions in the town and promotes the type of development patterns that have emerged since the current code was first adopted. 3. The Avon Development Code will result in development that is compatible with existing and surrounding areas or uses and can be served by adequate public facilities. 4. The Avon Development Code reflects contemporary zoning and planning practices, which include decreasing automobile use, sustainability, and pedestrian oriented development. 5. The Avon Development Code consolidates the zoning code and subdivision regulations into a unified set of regulations that are efficiently organized and improves the usability of the Code. 6. The Avon Development Code furthers the public health, safety and general welfare of the greater Avon community, including its residents, businesses, and industries. and subject to the following conditions: 1. Add a Building Height Diagram to illustrate appearance of height. The definition shall include retaining walls that are part of the base foundation of a structure. 2. The PZC believes there is a public need for limiting the maximum length along a street of a duplex structure. Staff shall propose a maximum width to the Town Council. 3. The parking requirement for outdoor seating area be revised to exempt parking requirements for the first 25% of the area. 4. Revise the parking requirement for group homes to require appropriate levels of parking. 5. The definition of solar arrays and solar collection systems should be revised to use the terms, "ground mounted solar devices" and "building mounted solar devices ". 6 The definition of Caretaker Unit shall refer to kitchen facilities instead of cooking facilities. 7. Section 7.28.050(ii)(A)(2) should be revised to ensure grammatical correctness. 8. Table 7.28 -7 be revised to eliminate points for lawn grass and add bonus for xerriscaping. 9. Clarify the intent of Section 7.28.050(A)(iv)(D)(1)(IV), the section concerning separation of pedestrians in landscape strips and islands. 10. Add a cross reference within Town Center District Parking Lot Landscaping to Section 7.28.040. 11. Remove the phrase "for coniferous trees" from Section 7.28.050(a)(4)(i)(D)(1)(II) 12. Revise Section 7.28.050(a)(4)(i)(D)(3)(I) to add straw bale or equivalent requirement. 13. Revise Section 7.28.050(a)(4)(iv)(E) to establish maximum timeframe for temporary irrigation. 14. Revise Section 7.28.050(b) to add language to provide for architectural features for screening. 15. Strike reference to the section "Reserved" for Green Building techniques. 16 Correct typo, "Court Dive" on page 147 of the redline strikethrough revision. 17. Research Wildridge PUD definition of building heights as it relates to the wind energy systems. 18. Revise Section 7.20. 1 00(d)(1)(iii) to include the CIP. ADOPTED THIS 6h DAY OF JULY, 2010 Signed. GO—" Date: Vice Chair, bkOff een Attest. 1 Date: Secretary, Phil Struve