TC Ord. No. 2014-09 Amending Avon Muni Code Table 7.16-1,Section 7.16.080(d) and Section 7.16.090(d) Concerning Public HearingsTOWN OF AVON, COLORADO
ORDINANCE 14 -09
SERIES of 2014
AN ORDINANCE AMENDING AVON MUNICIPAL CODE TABLE 7.16 -1,
SECTION 7.16.080(d) AND SECTION 7.16.090(d) CONCERNING PUBLIC
HEARINGS FOR DEVELOPMENT PLAN AND DESIGN REVIEW
APPLICATIONS
RECITALS
WHEREAS, the Avon Town Council initiated an application ( "Application ") to amend the
text of the Avon Development Code ( "ADC ") in accordance with Section 7.16.040 of the ADC;
WHEREAS, the Application would amend Sections 7.16.080(d) and 7.16.090(d) Notice and
Hearing and Table 7.24 -1, Development Review Procedures, in accordance with the Code Text
Amendment;
WHEREAS, the Avon Planning & Zoning Commission held a public hearing on June 17,
2014, 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 14 -01, recommending
approval to the Town Council;
WHEREAS, the Town Council of the Town of Avon held a public hearing on August 12,
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, and specifically finds that requiring public hearings on
development plan and design review applications will promote awareness and involvement of the
Avon community and will thereby promote the general welfare of the Avon community, promote
the goals and policies of the Avon Comprehensive Plan, including but not limited to Goal D.1.
and Policy D.1.2. concerning the relationship of development to adjacent development, and will
respond to changed conditions concerning community interest in development plan and design
review applications; and,
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
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Ord No. 14 -09 — Code Text Amendments to Avon Development Code
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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 Table 7.16 -1: Development Review Procedures and Review
Authority. Table 7.16 -1, Development Review Procedures and Review Authority, of the ADC
is amended as follows:
The cell in the row Development Plan, Minor, column Director shall read "D or R ";
The cell in the row Development Plan, Minor, column PZC shall read "H -D ";
The cell in the row Development Plan, Major, column PZC shall read "H -D ";
The cell in the row Development Plan, Major in Town Core column PZC shall read
"H -R "•
The cell in the row Development Plan, Major in Town Core, column TC shall read
"H -D "•
The cell in the row Design Review, column Director shall read, "D or R ";
The cell in the row Design Review, column PZC shall read, "H -R or H -D "; and
The cell in the row Design Review, column TC shall read, "H -D or A ".
Section 3. Amendment to Section 7.16.080(d). Section 7.16.080(d) is hereby repealed in
its entirety and re- enacted to read as follows:
"PZC shall review and render a decision or recommendation on the development
plan application after conducting a public hearing. Town Council shall conduct a
public hearing when reviewing a Development Plan applicable in the Town Core.
Notice of the public hearing shall be published and posted in accordance with
7.16.020(d)(1) and mailed notice is not required. The decision of PZC may be
appealed to the Town Council pursuant to Section 7.16.160, Appeal. The
Director shall not conduct a public hearing for administrative review and decision
on development plan applications."
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Ord No. 14 -09 — Code Text Amendments to Avon Development Code
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Section 4. Amendment to Section 7.16.090(d). Section 7.16.090(d) is hereby repealed in
its entirety and re- enacted to read as follows:
"PZC shall review and render a decision or recommendation on the development
plan application after conducting a public hearing. Town Council shall conduct a
public hearing when reviewing a Design Review application in the Town Core.
Notice of the public hearing shall be published and posted in accordance with
7.16.020(d)(1) and mailed notice is not required. The decision of PZC may be
appealed to the Town Council pursuant to Section 7.16.160, Appeal. The
Director shall not conduct a public hearing for administrative review and decision
on development plan applications."
Section 5. 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.
Section 6. 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 7. 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 8. Safe 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 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 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.
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Ord No. 14 -09 — Code Text Amendments to Avon Development Code
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Section 10. 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.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED on July 22, 2014 and a public hearing on this ordinance shall be held at the regular
meeting of the Town Council on August 12, 2014, at 5:00 P.M. in the Council Chambers, Avon
Municipal Building, One Lake Street, Avon, Colorado.
Rich Carroll, 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:
A"
Debbie Hoppe, •
APPR D AS FO
�o
O
Eric Heil, Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on the 12`" day of Augu
Rich Carroll, 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:
i
Debbie Hoppe, To" Clerk
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Ord No. 14 -09 — Code Text Amendments to Avon Development Code
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