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TC Ord. No. 2014-01 Amending Section 7.24.040 Tables Medical And Dental Offices And ClinicsTOWN OF AVON, COLORADO ORDINANCE 14 -01 SERIES of 2014 AN ORDINANCE AMENDING SECTION 7.24.040, TABLE OFALLOWED USES, AND TABLE 7.24 -1, ALLOWED USES, AVON DEVELOPMENT CODE TO LIST MEDICAL AND DENTAL OFFICES AND CLINICS AS A SPECIAL REVIEW USE IN THE PUBLIC FACILITIES ZONE DISTRICT RECITALS WHEREAS, the Town of Avon ( "Town ") adopted Ordinance No. 10 -14 adopting the Avon Development Code ( "ADC "); WHEREAS, the Town adopted the ADC and find that the text can be amended periodically to address changed conditions; WHEREAS, Jill Kovacevich, representing the Eagle County School District, owner of real property in the Town of Avon, submitted a code text amendment ( "Application ") on December 3, 2013, pursuant to their powers granted by §7.16.040(a), Review Procedures, Avon Municipal Code ( "AMC "); WHEREAS, The Application would amend Section 7.24.040, Table of allowed uses, and Table 7.24 -1, Allowed Uses, by adding Medical and Dental Office and Clinics as eligible for Special Review Use permits in the Public Facility (PF) Zone District; WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on December 17, 2013, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation; WHEREAS, after conducting the noticed Public Hearing, PZC made the required findings to recommend approval of the application and adopted PZC Resolution 13 -07, recommending approval to the Town Council; WHEREAS, the Town Council of the Town of Avon held public hearings on January 14, 2014, January 28, 2014, and February 11, 2014 after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Application; WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has considered the applicable review criteria for a Code Text Amendment and found the Application in compliance with the review criteria; Page 1 of 4 Ord No. 14 -01 Amending Table 7.24 -1, Allowed Uses, Avon Development Code WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon home rule charter and the Avon Development Code 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 the proposed zoning or other matters in this Ordinances. 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. Amendment to Section 7.24.040, Table of allowed uses and Table 7.24-1, Table of allowed uses. Section 7.24.040, Table of allowed uses, and Table 7.24 -1, Table of allowed uses, of the ADC is amended as follows: Table 7.24 -1 Allowed Uses P =Permitted Use ' S — Special RevimUse Districts in Grp 1—are retired and not availah7 for rezoning Residential Non - Residential Use Category Use Type RD RL RM � � NC MIC TC S(' P PF IC OLD Service Financial IrLifttutima N%vhout drive -thru P P P P Food and Bakeries P P P P Beverage Bars or taverns P P P P P Services Coffee shops P P P P P Restaurant with drive -in or drive -thru S S S S S Rest a ra®t without drive -in or drive_thru P P P P P Health Cale Medical meter, hospital S P P P Facilities UTW — fa lity P P P P Medical and dental clinics and o P P P P S Office Administrative and professional offices P P P P Office with s %ioom for warehouse facilities (ice S 1 Recreation and Outdoor Commercial recreation P P P Entertainment, Riding a- = =: es Outdoor S P Section 3. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross - reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Page 2 of 4 Ord No. 14 -01 Amending Table 7.24 -1, Allowed Uses, Avon Development Code 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 thirty days after final adoption in accordance with Section 6.4 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. Section 7. 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 at the Avon Town Hall, Avon Recreation Center and Avon Public Library, 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. The Town Clerk is further ordered to publish a notice stating a vested property right has been created in accordance with Section. 7.16.140(d)(2) of the Avon Municipal Code. Section 8. Final Action. Approval and final adoption of this Ordinance on second reading constitutes the Town's final action for the purposes of any appeal, legal challenge or referendum seeking reconsideration of the decision of the Town Council with respect to this Ordinance and matters approved hereby in accordance with Section 7.16.020(f)(5) of the Avon Municipal Code and in accordance with Chapters VI and VII of the Avon Home Rule Charter. [EXECUTION PAGE FOLLOWS] Page 3 of 4 Ord No. 14 -01 Amending Table 7.24 -1, Allowed Uses, Avon Development Code INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED on January 14, 2014 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on February 11, 2014, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado. Rich Carroll, Mayor Published by posting in at least c places in Town and posting at the office of the Town Clerk at least seven days priixay the Town Council. ATTE A ROVED AS TO FORM: I ClerC qP�d Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 11th day of February, 14. ch Carroll, Ma or Published by posting by title office of the Town Clerk. ATTE Patty M nny#q4CIek .a'��� OF AVp� T6a' st three p is places in Town and posting by title at the Page 4 of 4 Ord No. 14 -01 Amending Table 7.24 -1, Allowed Uses, Avon Development Code