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TC Ord. No. 2010-16 Emergency Ord Amending the Avon Muni Code Section 17.12.025TOWN OF AVON, COLORADO ORDINANCE NO. 10 -16 SERIES OF 2010 AN EMERGENCY ORDINANCE AMENDING THE AVON MUNICIPAL CODE 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. Ord 10 -15 Emergency Ordinance PZC Version 8 -25 -10 ejh Page 1 of 3 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. Amended. Section 17.12.025 Applications is hereby repealed and re- enacted to read as follows: "17.12.025 Applications. Any complete application that has been submitted for approval prior to the date which Town Council approves the second and final reading of an Ordinance adopting this Development Code shall be reviewed in accordance with the ordinance in effect on the date the application was deemed complete." Section 3. 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 4. 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 5. Effective Date. This Ordinance shall take effect eight days after passage in accordance with Section 6.6 of the Avon Home Rule Charter. Section 6. 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 Ord 10 -15 Emergency Ordinance PZC Version 8 -25 -10 ejh Page 2 of 3 welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. 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 8. 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 . INTRODUCED, APPROVED, AND ADOPTED ON FIRST AND FINAL READING AS AN EMERGENCY ORDINANCE on August 31 010. c Ronald C. olfe, Mayor ATTEST: ' 'S ';_?1W LORAC��� lerk APPROVED AS TO FORM: ^/ Eric Heil, Town Attorney Ord 10 -15 Emergency Ordinance PZC Version 8 -25 -10 ejh Page 3 of 3 HEIL LAW t PLANNING, LLC • MEMORANDUM • TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: August 25, 2010 SUBJECT: Emergency Ordinance Concerning Pending Applications Summary: On July 27, 2010, the Town Council approved an emergency ordinance which allowed development applications submitted prior to September 30, 2010, to be reviewed under the existing zoning regulations. The attached Emergency Ordinance amends Section 17.12.025 of the Avon Municipal Code to state that development applications submitted prior to Council approving the second and final reading of an ordinance adopting the new Development Code shall be reviewed under the existing zoning regulations. Section 6.6(a) of the Avon Home Rule charter requires the "unanimous minus one vote of the Council Members present." to adopt an emergency ordinance. Thanks, Eric 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 TOWN OF AVON, COLORADO • ORDINANCE NO. 10 -16 SERIES OF 2010 AN EMERGENCY ORDINANCE AMENDING THE AVON MUNICIPAL CODE 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Ord 10 -15 Emergency Ordinance PZC Version 8 -25 -10 ejh Page 1 of 3 f.r • 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. Amended. Section 17.12.025 Applications is hereby repealed and re- enacted to read as follows: "17.12.025 Applications. Any complete application that has been submitted for approval prior to the date which Town Council approves the second and final reading of an Ordinance adopting this Development Code shall be reviewed in accordance with the ordinance in effect on the date the application was deemed complete." Section 3. 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 4. 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 5. Effective Date. This Ordinance shall take effect eight days after passage in accordance with Section 6.6 of the Avon Home Rule Charter. Section 6. 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. is Ord 10 -15 Emergency Ordinance PZC Version 8 -25 -10 ejh Page 2 of 3 Section 7. 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 8. 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 . INTRODUCED, APPROVED, AND ADOPTED ON FIRST AND FINAL READING AS AN EMERGENCY ORDINANCE on August 31, 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 8 -25 -10 ejh Page 3 of 3 is • •